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Resolution - 2007-R0191 - Amendment To Contract - Lubbock-Cooepr ISD - Construction Of Water Delivery - 05_11_2007
Resolution No. 2007—RO191 May 11, 2007 Item No. 5.26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, upon the prior execution by Lubbock -Cooper Independent School District of that certain First Amendment to Wholesale Water Sales Interlocal Contract, by and between the City of Lubbock and Lubbock -Cooper Independent School District, regarding the construction of water delivery infrastructure, hereby authorizes and directs the Mayor of the City of Lubbock to execute a public works Contract per RFP #07-712-DD by and between the City of Lubbock and Triple L Utilities of Dumas, Texas, for construction of water system improvements on Avenue P from 98'h Street to FM 1585, which Contract and any associated documents are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this IIth day of May , 2007. ! M GILBREATH, MAYOR PRO TEM ATTEST: r� Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Qf7::�tz(( Thomas Adams Deputy City Manager/Water Utilities APPROVED A TO Richard K. Casner First Assistant City Attorney mllccdocsl1rtj)Iel AItilines-LCISD May 1 1 , 2007 Contract is viewable in the Office of the City Secretary No Text RFP# 07-712-DD, Addendum # 1 I City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 102, MUNICIPAL BUILDING 1625 13'" STREET LUBBOCK, TEXAS 7940I PH: (806)775-2168 FAX: (806)775-3326 http://purchasing.ci.lubbock.tx.us ADDENDUM # I UP # 07-712-DD WATER SYSTEM IMPROVEMENTS AVENUE P DATE ISSUED: April 5, 2007 CLOSE DATE: April 17, 2007 @ 2:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The non -mandatory proposal conference time has CHANGED from 2:00 P.M. to 9:00 A.M. on April 10, 2007. All requests for additional information or clarification must be submitted in writing and directed to Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-3326 or Email to ddoss@mylubbock.us. THANK YOU, Vai&ae Dow CITY OF LUBBOCK Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Citv of Lubbock Public Works Contractins Office if anv lanimaee, requirements, etc.. or anv combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a sinjale source. Such notification must be submitted in writing and must be received by the Public Works Contracting Office no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP# 07-712-DDad 1 9 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 102, MUNICIPAL BUILDING 1625 13f' STREET - LUBBOCK, TEXAS 79401 PH:(806)775-2168 FAX:(806)775-3326 http://purchasing.ci.lubbock.tx.us DATE ISSUED: OLD CLOSE DATE: NEW CLOSE DATE: RFP# 07-712-DD, Addendum # 2 ADDENDUM # 2 RFP # 07-712-DD WATER SYSTEM IMPROVEMENTS AVENUE P April 12, 2007 April 17, 2007 @ 2:00 P.M. April 24, 2007 @ 2:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Due date and time CHANGED from April 17, 2007 @ 2:00 P.M. to April 24, 2007 @ 2:00 P.M 2. Offeror's must submit the REVISED PROPOSAL SUBMITTAL FORM attached. 3. Offeror's attention is invited to the following questions and their respective responses: QUESTION: Are casing spacers approved or have to use wooden skids? ANSWER: Yes, casing spacers are approved for use at the appropriate spacing for 16" pipe which would be I I' maximum space. QUESTION: Will fire hydrants be as deep as the line itself? ANSWER: Yes, contractor shall make sure fire hydrant shoes and appurtenances are suitable for the 6-T total depth as shown on the plans. QUESTION: What are the tracking wire installation requirements for casing and for slick bore? ANSWER: Tie tracing wire to each end of casing. Install tracing wire for entire length of slick bore. QUESTION: What are the methods for compaction testing? ANSWER: Density test shall be performed once every 500-ft for each lift as detailed on the plans. Contractor shall hire an independent lab approved by the City of Lubbock for density testing. Contractor will be responsible for all associated costs of density testing. QUESTION: Does gravel embedment required up to the top of the pipe? ANSWER: No, gravel embedment shall be required only up to a point 3-inches above the centerline of the pipe. Please refer to detail 600-25 City of Lubbock Design Standards and Specifications for Water and Sewer. _.., QUESTION: How many test ports required to test the pipe? a ANSWER: There shall be a total of eight (8) test port installed on the 16-inch main. These will be a provided by the Contractor. RFP# 07-712-DDad2 RFP# 07-712-DD, Addendum # 2 QUESTION: What is the warranty period? ANSWER: Contractor shall warrant 100 percent of the project for one year after the date of final acceptance of Work. QUESTION: Will grouting be required around the pipe when installed in slick bore? ANSWER: Yes, grouting shall be required when the gap between the pipe and the bore hole wall is greater than 1-inch, and will be included in the price per linear foot of bore. QUESTION: Please explain how one would connect the 8-inch crossing to a 6-inch hydrant. ANSWER: After the 8" waterline is across the road, the contractor shall install an 8" x 6" reducer before tying into the fire hydrant. 4. Offeror's attention is invited to the following clarifications provided by the Engineer, and the ATTACHED OSHA 1926 SUBPART B: a. Trench Safety Plan ■ Use of OSHA approved trench protection shall be required for trenches deeper than 5 feet Separate line item shall be included in the Proposal Submittal for trench protection per linear foot of trenching. ■ OSHA RULES — have also been attached to reference in the specifications. b. Minimum Cover ■ Detail C3 on Sheet C-502 shall read 5' MIN COVER. ■ Detail B4 on Sheet C-501 shall read 4'-6" MIN 7 ■ Detail C-4 on Sheet C-501 shall read 5' MIN COVER c. STORM WATER POLLUTION AND PREVENTION PLAN (SWPPP) ■ Contractor shall comply with all requirements of the Environmental Protection Agency (EPA) Storm Water Pollution Prevention Plan W' ■ The Contractor or his designee shall prepare the permit and the erosion control plan in compliance with all SW3P and TPDES and TCEQ rules and regulations. ■ Contractor shall submit SW3P plans for approval to the TCEQ. ..... Separate line item shall be included in the Proposal Submittal for "Storm Water Regulation Compliance, (SWPPP) complete". d. Traffic Control Plan ■ Contractor or designee shall prepare a Traffic Control Plan (TCP) for this project. Contractor shall submit TCP for approval to the City of Lubbock Traffic Engineer. ■ Prior to beginning work, the Contractor shall designate, in writing, a competent person who will be responsible and available on this project site or in the immediate area to insure compliance with the TCP. ■ Separate line items shall be included in the Proposal Submittal for "Traffic Control Plan Compliance (TCP) complete RFP# 07-712-DDad2 V, RFP# 07-712-DD, Addendum # 2 All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-3326 or Email to ddoss�.mylubbock.us. THANK YOU, CITY OF LUBBOCK V aT&rite V e" Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's -.-, responsibility to advise the City of Lubbock Public Works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Interim Public Works Contracting Office no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. r.� I RFP# 07-712-DDad2 3 ) *******REVISED PROPOSAL SUBMITTAL******* UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: #07-712-DD — WATER SYSTEM IMPROVEMENTS AVENUE P Proposal of (hereinafter called Proposer) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Invitation to Bid for the construction of a WATER SYSTEM IMPROVEMENTS AVENUE P having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Estimated Item Quantity No. & Unit Description of Item Total Amount I LS Mobilization / Demobilization, insurance, bonds and move in / out related costs, Complete for the lump sum price of: TOTAL ITEM # 1 $ /LS( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 2. 1 LS TOTAL ITEM #2 3. 10,550 LF TOTAL ITEM #3 Tie new 16" water line to existing stub at 98rh & Avenue P, including all materials, traffic control, and pavement repair for the lump sum price of: $ /LS( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Furnish and install 16" C905, DR18 PVC water line, complete in place for the unit price per linear foot of: $ /LF( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 4. 75 LF Furnish and install 8" C900 DR18 PVC water line, complete in place for the unit price per linear foot of: TOTAL ITEM #4: $ /LF( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount 5. 110 LF Furnish and install 6" C900 DR 18 PVC water line complete in place, insurance, bonds and move in / out related costs, complete for the lump sum price of: TOTAL ITEM #5: $ /LF( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6. 10,735 LF Furnish and install heavy polyethylene warning tape with tracer wire, complete in place for the unit price per linear foot of: TOTAL ITEM #6: $ /LF( (Amounts shall be shown in both words and numerals. In caodiscrepancy, the amount shown in words shall govern.) 7. 2.75 Tons Furnish and install C 153 Ductile iron fitting including appurtenances, complete in place for the price per ton of - TOTAL ITEM #7: $ /Tons( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern 8. 4 EA Furnish and install 16" gate valve and box, including appurtenances, complete in place for the unit price per each of: TOTAL ITEM #8: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 9. 4EA Furnish and install 12" gate valve and box, including appurtenances, complete in place, for the unit price per each of: TOTAL ITEM #9: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 3 EA Furnish and install 8" gate valve and box, including appurtenances, complete in place for the unit price per each of: TOTAL ITEM #10: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 11. 3 EA Furnish and install 6" gate valve and box, including appurtenances, complete in place for the unit price per each of: TOTAL ITEM #11: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount 12. 1 EA Furnish and install 4" gate valve and box, including appurtenances, complete in place for the unit price per each of: TOTAL ITEM # 12: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 13. 85 LF Furnish and install 24" steel casing in bore. Casing shall be.25"minimum wall thickness shall be bituminously coated, furnished and installed complete in place for the unit price per linear foot of: TOTAL ITEM # 13: $ /LF( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 14. 60 LF Furnish and install 14" steel casing in bore. Casing shall be 0.25" minimum wall thickness and shall be bituminously coated, furnished and installed complete in place for the price per linear foot of: TOTAL ITEM # 14: $ /LF( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 15. 61 LF Furnish and install 12" steel casing in bore. Casing shall be 0.250" minimum wall thickness and shall be bituminously coated, furnished and installed complete in place for the price per linear foot of: TOTAL ITEM # 15: (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 16. 375 LF Furnish and install 16" slick bored pipe (Cerdalok or equal) with grout or asphalt pavement repair as specified complete in place for the price per linear foot of: TOTAL ITEM # 16: $ /LF( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 17. 1 EA Furnish and install meter station, including meter, meter structure, and bypass line, valves and fittings, complete in place for the unit price per each of: TOTAL ITEM # 17: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 18. 1 LS Furnish and install 4" RPZ valve structure, piping, concrete slab and electrical service to make a complete and working RPZ structure as drawn on the plans, complete in place for the lump sum of price of: TOTAL ITEM #18: $ /LS( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Offeror's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount 19. 3 EA Furnish and install standard fire hydrant including all appurtenances, complete in place for the unit price per each of: TOTAL ITEM #19: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 20. 1 EA Furnish and install 2" combination air valve and structure as shown on the plans, complete in place for the unit price per each of: TOTAL ITEM #20: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 21. 10,500SF Furnish OSHA approved trench safety protection, complete in place for the price of. TOTAL ITEM #21: $ /SF( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 22. 1LS Furnish complete SWPPP as required by the Texas Commission on Environmental Quality, complete in place for the unit price per each of - TOTAL ITEM #22: $ /LS( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 23. 1 LS Furnish complete traffic control plan approved by the City of Lubbock Traffic Engineer, complete in place for the lump sum price of: TOTAL ITEM #23: $ /LS( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL PROPOSAL, ITEMS #1- 23: TOTAL PROPOSAL ITEMS #1 - 23: $ (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials ALTERNATE Estimated Item Quantity No. & Unit Description of Item Total Amount 1 LS Mobilization / Demobilization, insurance, bonds and move in / out related costs, complete for the lump sum price of: TOTAL ITEM # 1: $ /LS( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 2. 1 LS Tie new 6" water line to existing stub at 98n & Avenue P, including all materials, traffic control, and pavement repair for the lump sum price of: TOTAL ITEM #2: $ /LS( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 10 EA Furnish and install 6" gate valve and box, including appurtenances, complete in place for the unit price per each of. TOTAL ITEM #3: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 4. 1 EA Furnish and install 4" gate valve and box, including appurtenances, complete in place for the unit price per each of - TOTAL ITEM #4: $ /EA( (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 5. 206 LF Furnish and install 12" steel casing in bore. Casing shall be 0.25" minimum wall thickness and shall be bituminously coated, furnished and installed complete in place for the unit price per linear foot of: TOTAL ITEM #5: $ /LF( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6. 10,735 LF Furnish and install 6" C900 DR18 PVC water line, complete in place for the unit price per linear foot of: TOTAL ITEM #6: $ /LF( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials I q 1 7 Estimated Item Quantity No. & Unit Description of Item Total Amount 7. I0,735LF Furnish and install heavy polyethylene warning tape with tracer wire, complete in place for the linear foot of. TOTAL ITEM #7: $ /LF( (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 8. 1.0 TONS Furnish and install C153 Ductile iron fitting including appurtenances, complete in place for the price per ton of - TOTAL ITEM #8: $ /Tons( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 9. 4 EA Furnish and install 6" gate valve box, including appurtenances, complete and in place for the unit price per each of: TOTAL ITEM #9: (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 375 LF Furnish and install 6" slick bored pipe (Certalok or equal) or asphalt pavement repair as specified complete in place for the price per linear foot of - TOTAL ITEM #I0: (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) It. 1 EA Furnish and install meter station, including meter, meter structure, and bypass line, valves and fittings, complete in place for the unit price per each of., TOTAL ITEM #11: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 12. 1 LS Furnish and install 4" RPZ valve structure, piping, concrete slab and electrical service to make a complete and working RZP structure as drawn on the plans, complete and in place for the unit price per each of: TOTAL ITEM #12: $ /LS( (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Offeror's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount 13. 3 EA Furnish and install standard fire hydrant including all appurtenances, complete in place for the unit price per each of: TOTAL ITEM # 13: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 14. 1 EA Furnish and install 2" combination air valve and structure as shown on the plans, complete in place for the unit price per each of - TOTAL ITEM #14: $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL ALTERNATE, ITEMS #1- 14: TOTAL ALTERNATE ITEMS #1 - 14: $ (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Proposer 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 substantially complete the project within ( ) (# Days Completed by Contractor) ( 1(Written Days Completed by Contractor consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Proposer hereby further agrees to pay to Owner as liquidated -° damages the sum of $500 (FIVE -HUNDRED) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Proposer understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offeror's Initials 1 Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid/Proposal Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the requiredbond (if any) with the Owner within ten (10) business 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. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract cocuments made available to nlm for nis i Pursuant to Texas Local Government Code 252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Sea] if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date accordance with the Notice to Offerors. Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: - FEDERAL TAX ID or SOCIAL SECURITY No. MIWBE Firm: Woman I I Black American Native American Hispanic American I I Asian Pacific American Other (Specify) OSHA 1926 SUBPART P For Information Only ,._ . —r r 1_11_. a _ P9 gH1�}B9� �e dap t � �v �j s77ppagg 9viy �i �P �E�BI�Iw 0 a I Irr � g it aft �eBs�er� �e� i! �fit oilFit 1,j I P�@I�c IRI y°�i 51 &(g #gt S�!�. a1R 8�� ..98{7: w a ps Ike fill I ell 14 . to.-P.�eArB�e::.�r�ta�g�rB��a9� 9aai4is�� � 3g1aF rm_d'�I&'����i��ii�[9 �till srr� A�tfi�7; #�DIN 4 Ri�faoiloil V HI 1 t[9E3Fg'it548 fill�[fl q oil I lie III fill! 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Et e ti l eI E��!����'} Fit ridL�B•� % fit ,t`ss�diBdt �. al�a �`�t �;lrs1'.�ti 3g eac�s� �IetteNt6 i�ee& i Ir let SOL fp g i I IF R R;II es pap It51 , F ASHIL ILL �waselit ir j Ir e af[ 6F€. lie 9 C�ei1�lfltEiltt�lsjsl�g9A(�1��f��'�i�i�����t{`F[s�� llPFt�l; Il }�rF��°I9p�SIB iet9�[� r tl IlitiH k !'di If l�ftlF8tl9��� � 1 �9a3i�•.'� F� E fll8l�, �,9t3Elq{B[.I { �( l�it�i 4;Pie�ig It! filIlYlr���i��[�,����i��(� �i����99i j�pti��9��!�,`3'ti i .�ytg,gli. p�{1 1i >0 lf9t,tJ � `W t`i i� °�e '�����dlig'9 �€fit Iris i��;f�i •,(; � �,;�t jIt � t 1ptIwo p 1 q� op�jy'i� j[t`i{pt�t eey,;t�I r[�{ :oi i�� jiIIj1��i�r �t r;�r(pi4t1# ���`�•le �ee�'iC' �•ji� f i��Irrl r.r .tt[e@! trt�.t 1,.aPe'l9fl F s L 419i � 9;pp� 1¢�t9t'iF I:t�;�IF;fPeirrtg f I ��a� i3�'`i�6`�;��� ia�ele'�i��4 1p,�}Mull �r IItSlo� l�r a.iiee��il.ie 9[.rf4.,ii e Ofo10@ e9�1 iZ I itfF 1 ■ 1�2P B pp �f[F'6i 7i' f F $felt e�'It � 3� ?!�[itif[7j�Wlrflelf�j:i teila ji1��4F�► ��jI�r1i� ��ti �i{i�(f�d�}�[4 IlirFl.. �16A.! : L17��P v 9 OCCupatioflal Sa My and H"Ikh Admim. Labor Pt 1921L $W)pL P. App. 6 AdaabNNae albeeabir gape senses the stwW (W The actual dope d" be ba steep met hsdiee of m waesration hoe that to ac+ alas the maxbvmm allowable slope. who Capable Ilex the M M favarsbbe site Mail- rise are dpma of ahstr=L V that situation [ions as protection apUtst cave -Um and is accu s. the slope shall be cat back to an at. r" of +al distance teal slope vahich is at loss[ % harlsattal to to Vertical lien � Sbart rune aqx we aware a period of rites vane vertical of (t+*W sl )so steep thaw the lie slope aavdtaWh less than or equal to 14 hours that an rice- vation is apm n sue OW wl,amr eurduNrp lords hem stexsd aua- W tir�t�—Ill Shc dandfla aaa. Sou and rock deposits MwH be classified in at• t�raial or agnipnasee. OPer7rtlni agWpaea+t. or tra0ic an ptenast. a catapet m parse emu cnrdatNoe with appendbt A to subpart P of part na dsteerairre the dWwa to whkh the actual slope ease be reduced balm the auaadaruar W Adaad oma allowable same The aatatiaNtnt alias him slopeand shall assure that such is load, hate allowable slope lsr a soil or rock deposit reduction adWved.-%wchmis ahaU be drtermbad hma Table &.1 of this sOmMot swetaa w dNaU b "Skw tad In as ac WActtW ships. W The actual slope doll ehotdareas wit ! uli"18). (O Caskumadiam C.oaftmrstlaas or slop - Dot be steep-, than do rnatdrnum aUawable ft and bad systai s shall be in accwd- slope. arcs with FIRMS b-l. TAOLE 0-1 MAXIMUM ALLOYAOLE SLOPES SOIL OR ROCK TYPE MAriMIIM ALLOOAOLE SLOPES(WM FOR EXCAIMTIOMS LESS MAN20 FEET arce, fill STAKE ROCK JA:IWERITCAL(! TYPE TY►E A l2) low :1 TYPE C Id via 1 NOTE i. Rumbas dove In pmratUassm tat to matiswaN alawa►ie rlepta we salts sWmMd Is 4lraas *90 the Mer4setal Aa/1n bees bass asaadai off. i. A ebess-tart reabaea aXlwr�te,.e eEi el l/2Rati (f]') IN allevd to sonvatieas is 1ppa A adl trot are 1! ibti "(2.i7 e) or leer An depeb. lbeR-tee esciasr alleeeMle a►Lepee tea essevetlesa OsaeNe else 12 leer (].iT e) In depth Mind be MAIN (W). 1. aslMamr� aswatiess lVar Visa 20 het dw silo be delis -1 by a IelUte FW"AW Slope (AU slopes stated below are in the horlamma) to Vertical ratio) B-!.I AwwwWom ado in ry)w A aa/1 1. All simple slope wtwvatlsa 1S fast or lams in depth shall have a as udwAm ailwabb slope of 44.1. 39 n Pi. 19M U bpt. P. App. 4 29 CM Ck XVN (7-1-M EcWm) 2+0' lYgs. �n l/4 SHOE Sidl/E RuceptlooL Simplo al"a voaavatiov s wlddare open U boors or loon (abort tow1 and which are a feet or ern in depth when how a maximum allow" dope of VAL 12' Max. I _/ 1 142 SOPLE Suxv- SiiOMIT TWO L Ali banclhed moravasione M Men or lose in depth shall have a maximum allowable Aapo of *A to l end maximum bench dionawkwo as follows: A 1 3/4 20' Max. \r, i of i 394 n OcmipiedoiW Safety and Health Adn*L. Labor SNAKIE DOW 20, MM. " MXI 48 mm. Pt. "M Ulbpt. P, App. B t AWLTME BBC" All excavation I feet or low in depth whkh have unsupported vwtic&Uy skied lower por- ticos shall be" a numdmon vwticg side, at 3%b hat. VAX UmoAvomm Vamrjuy Omm Low0i Poxno*-Uvmm a Fur im DwYN All excoviotions wmmm than I lost but not more than 12 hat in depth whkh - m Lip I P , vw- tk*W aided lwam portions AM have a ammodommom allowable slope of L-1 and a sawdenum ver- tical Side of 3% POWL 38S PL IB26. Ulbpt P. App. B n CFR Ck XVN (7-1-0a EdRion) LWLPPOFM Vvnrwo S10ED Lv*nm PORtW*-44VMKM 12 FtEr IN DWM AU excavations 21 feet or Isms in depth which hair vwticmlly &kW inter portions that am supported or shielded shad hmm a mamdroum alkwaW Mope of V4.1. The support or dg*ld wys- term must extend at Mast hncltss above rife top of the verticel side Suggart or abilld mtgr 20 :Kaz\. 180 Kin. Tetal beigbt of vertical side SLWPORW OR BHNLOW VOMMLY Saw LMM POMM 4. AU other sInV" slope- compmarid skqw and vent cd* aided Unm portion excavations sbaH be in accordance with the other optkm pmWtted under f 1921 R(b). 11-1.2 Z=w"Uom Made in Type 8 Sad 7, 1. All Simple slope excavations U feet or less in depth shall he" a mom m allowable slow of 1:1. I 20' Max. SIMPLE SLM L All bwx:bW excavations M Not or bras in depth shaU here a mwdmum. allowebb slope of 1:1 and amLxbmm bench dbnwwiom as IbUovm 3M Ocmpadonal S"y and H*aNh A*nwL. Labor Pl. 1926. UbpL P. App. B We beneb allowed is cobesiv* soil outy. 40 % % If "Ore. Ar SIPME ankCH ?big buseb allowed in Cohesive soil sely 1AVOLIE SOMM L All secovetions 0 Men or less in depth be" vwtieally sided hewer portions shall be shielded or supported to a least IS *aches atioee the up of the vwticd side. All such exagnmumn shell ban 0 tsaodtawm "WW" slope of I.I. r"-%. Support of abield "Stem 20* "M. 8" His. Total height of vertical side VOUNN"y SOW LOW&I POR"M 4L An other sloped excovatum shall be in secoedaeres with the odor option pamdtted in 111M.6904. &-ij Excwwas MAW ra TVn C &x 1. All simple slope wwavatiem JS hot or Jose in depth 9MU Aim a nuutbwars allowable dope or 1%.l. M7 r Pt 1925, SubpL P, App. B 29 CFR CIL XVM (7-1418 EdiE M) tr' ease t ty S+trta SLOPIE 2. All accomdons 20 feet or Ina In depth whkh hrvs vwtk*Hy sidsd bwer portions aball be shielded or supported to a hsi at least Q bcfise above the cop of the vertical aids. AU such excavations shall haw a ae ahma@ allasmbie slope of 1Mel. Support or ahiald s"em 20' Ms. Loin. Total Misfit of vertical aid& VOU C& SOW LOOM P'ORTm 1. All other sloped excavations shall be in aerardswoe with the otisr options pwwdtted in s taa.ts ", s-IA xxCavletim" Mad. to Layered Soup I. All «+xawttonu 20 fist or bs bn mac. !a leyved soils ehatl have a maxhmwm at- 3owable slope for each Layer as on forth below. M I Clcc--- - -- Safety and HeaM Adn*L. Labor Pt. 1926. Subpt. P. App. B 1A A A314L 3M a L., i 1.. — lw. __... _.... ..... _. Y its��e°p�q�°i��'��td��i�� .�lil&'-�(t�kt�F it;�ef iatl#4p�(y�sE !•{,g���i�of ir 1��pigo iij�I�if! Do$ ftt}I�if � �er�lis e�li�P9�Fiw a� .a :i ate t1�H°i itskit 11110fit m4l a fit 11 r [fit, k 104 M pit I It 1 3". q 9. 1 is ii. Wrl IffIf f IN-slij liff f If R te �FroIr 02 pit fir �lei ` r t �4:fitlilt C � ' q q, F ' Ry `} BE 'A ell , [flit1 r 1OiiI�Fl. ii R �t�'iitq11�,r9 Z � ��rai !t� .. . ... . . . .. 9 yMW TRM WWI* -- JUNUM TIMM KNUMMI • colt TTK A % •is a N + It psf It it swdwp) — "MiKur" ow6m of "Olval"t stmom Isy by sostlWAM ftr W"d, '!Mr sq PW32"% " h A- Isoms" veto""* 1• ea rs roam"Ps" w 'ZM K1 SNP "L ass JANOVx *FPM4 o 4"4 MPOSbo 30 VO 1• M oampm1 .31 1) r+ :t . r 10 • " a t slu Moe • � ( F E am UM M3 -- pplYm T"W R�Ia2t/Mt3 • $OIL Tm 0 t • N x a • it ►at 12 !t. fasebrp) a • KAMA Uk or "* s be"UM a wwvb "t In" two M!e W. unwastm" wiaea at syatvolm all 2116 ow be as►stkutat tar vow. PL 19M Upbpt. P, App• C A M f 29 CFR Ch XVN (7-1-a Edkio n) .�E��11111111 E�r�mee�eee�eee ���eemee��ee� �reeeeeeeeeeee '� �00000000�000 =�BO0000000�000 m N as L j L.L.--J L L,-,,, - 9- . U04 C-3 I I im Imm aso - sm SOU UK a T 4s 1 a p Is ft. Swdmmw) *.=Go fir se oqabdem wu* a %MWU4 strowtib we It" &ft IM Pat. sefttw w, of evaivatm* Strom& my be OWN49tv"d fag Vow. 'tea OKI um east 3" wou"s6 fr1r+M s %"a awtus*M s• aq gnwt . idea! •a� i) Od U ♦ ■ 181 - s/ 9 ■ U -tof VI-10 run R Is,�l��!*88�8��8c�Sr[8�9 �g 104 �'F�����6I1 rII3HA ff � O �w 11i I� R61 � � gi�w 11 7I lip,ivRai� �Isins�d>e.�i �t>ns wit ye![`@i �r��� et����F�q}p� Bit rod �too K.W tit 4.1i eF�44f?�6�7�lR�BOWN 1���SR4 9li�I�l: � � & A 1 Ocwpatlonal Sahli► and H"Mh Admft. Labor PL ISM UAVL P. App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS pv a Ma tamwm woursNn s friiNfil t►atlN tM/itifaL fI1R/t7 .i "alLt" ft im N*'f'ttfi"L MIL '7 tfttYLlt 9fLI"86 W. �• fttTLtaa that1N v"lataa stage" a• a • wl. !• Mt. +. llama 1b. a M fttf IMa $Paco" g- am. rra� wwratrMw tNItM/aL tNt/NJ fttf/tAL MIL of tf NatL It all m$$ f7tf le" ap"I" 401 Mt 1 pf 1 (t) M " vas 90 w" (00) O"v at go mm mu"'a is "o vivo"='1rWM 4y io awi f pw sm" a labeftood QLArk L a uw vauwcm vallolm IRUDTM ftal HAW UNIT HM9 Of 13W Min 9 mw O cu" 91 CkL naL uz" Q=O dn ZI im Anill"D Man ONMA omovas mmou Wawa" wimou" dD "low" Www" KIM L e6 n- J L L � 17 TAKXD- 12 ALUWRMMHYDRAULIC 3HORM TZRTICAL� FOROMTMB DE! M HYDRAVLAMUNDINtS MAXJWW MAXD" or IKMIMMAL I votim 1 IRSNCH IFACM VACOM upilos OVER $ UP OVWt 12 W own 11012 To is OVER 5 UPTO 10 4 2 R#CH DtAMEM 2 VICH Momm 3 RKH OVSK 10 up TO 44 is HMO) OVER is 54 UP TO 20 OVtR 29 R m 'M 0 U60M "d Pail RM 00 11 dIwAik Owbig. M toad IN AppmOk D. hm (S) MM (1): So APPWIX A ba (0 (1) HM ft Sm APPwAk D. bm (g) (2) weaft rIM ap sit "put xf moon 1MRJ1M►iilrr a prP� Mrs • it} m mI1a , "'11 an 40 "WN it}l��l'a�1►rM �n�N if} rr~I'd ray � !+�! �'M!r•* slf�+lt# +� an. N�w0 � y+MN M aq�y tl}tttOW KIo W ---- tort but 0'i tat Ci ia t irk irol ► 09 CkUn tl =W titt 0t► M 0tr wt 0o 0't w t V9 f t oat is t't tonIn M t W Nit m w t emu OYI ► tl al 1tw tat 0 t IiI11 1 " tit i f t I 0'L Mt 0o IDMM Allt 0b t IN f't tort "— W t 0'it w t 0'il a t IV0" Ol Man �AiO is t W6 aiisi Nat 66 lift ifs rL —' tat rt at tat n sY Lot Ilat Moll oNIMAS Mall ams 4ttDUna acre w3um Una N�tas�LL do WAG SIMMU UOL-MUtw IQLAM ttsa�owt�lL�lottLalx euloewa�l.wlc talilrat��elltvso�ut ssrtl►� s wulwou swalwilmAt OnNSMDrVIVINI !wWWnTr f i -a auvl —I } r wpm SAW" p •4pPMK WPM 4 swoon MDpmb sip* MWAMu w"w ammo • wm+q'avj 'v+2 3w•w ltlm""lamrol+v+I gun" (0 atom K UM ilYt ml t A7 $a f py 4a f n 01! ! at maw WE ii ME ff ml t 11 WL lag s ttoam rt W= Ct rt t m t n w f os bu t rr rM ! s� �� two isf ss Of cc Mat si WL[It ..-- o f ov r! lag IV rt Lttif Wt AM Wt 00{ mlf iW 8!1 ! at �M i t RAO at f9 i lai t3 WL ^— W t n •! o f 6"! t t tat ta: OI 112 7JIm it'! ms YdDi[ O ox&(a -Rom , ,,.,� Una o wt 1vAD aim f[ at in tt n to �n t o f Opt IM am�1u tta�D�nt�ow,a�u► suiox+n�et a�oiart�arvtwcuta sertvx 33"Li mi IMMUIRMAt OI9a01M "WYm rjvdw Y1V !'t • a WMA a qv , a PL 1E2i. SubpL P. App. E 29 CF t CK XVN (7-144 Edkion) A"= E To Sumw P- A4.TSiwATmw To TOAM SNOAM Figure 1. Aluminum Hydraulic Sboring w VIR SPA, 42 N/ RTICAL RAIL raRANLIC CYLINDER Figure 2. Poeusatic/bydraulic Sboring is 7101-1- 406 9 Safety wW Howth Admiln., Labor PL 1925, SUbPL P. App. E nsms 3. Itneck Jedw (3esw► Juke) via=* 4. Trwah ftled" 407 FL 1926. U*43L P. App. F 29 CFR CK lM (7-140 E,dWon) AP►OM F To SU MRT P—SKM=M Cr PIIvtwTW bbsTan Mw foliawbW figures are a graphic Summary of the regvhwnents contairnd in subpart P for w=wvatiom U fist or Um in depth. Protective systaxns for use in mmath" anom than 20 feet in depth axart be desWwd by a registered paafes- sioasi bn accw*Mce with E ll WIR N Mnd (d. IS the aseavatiew Mom maw s fees: " depth! Is tbsse potential Un M—jIs the excavatiss for eaw-Lr eatirely is steble reek? f sea atien my. be .see vitb •ordeal Sid". &=,e adee Must be •loped. snored. oe shieldM. ������ ANr�1Y• 00 to Vixen 2 r Co t• ii*Yre y 1TCM I - PIZL MMXT LSCI = 408 - --ope tonal Sauey 00 HeaMh Adiflin., tabor supijkg seloeted as the satbad of arotaetiw Will ail Classification be soft is a¢Covdamm with Jll2i.652 (i)t Pt. 791'8,, Subpt. P. App. F Aaraeotion soot assply nits Lteawtiooa rust Comply Cot of tbrs following tbree oitsill26.652 (b)(1) obicb aptiara: srpires a aloes of lox: IV (34s). option 1: ,&1926.652 (b)(2) &ieb reiMdras Appendices, A and s to be follewod optiw 2: J1926.632 (b)(3) esicb t"aires otber tsbolsted data isae deffsitiar) to be follow". Option 3: jk926.652 (►)(4) Web roquirie tbs excamtie. to be designed by a registered profeaaicaal aagisear. 409 rtcots i - Soma Of'r1OWt FL 1921L SubpL r, App. F 20 CFR Ch. XVU (7-7400 Edbon) ow tat fdwhat an u the bs mod" of peoteetias. boil cummults" u ks required arse s 00" or ""Him is used. Us exam"ties snot haply with ass of the follceiss last eptieuss Optics 1 $1926.632 (a M r6ieh requires ypedisse A and C to be followed (e.g. tieier aharioq). optiou 2 31"6.652 (a)(2) skied e•quises uamfectmesa data to be fellased (e.g. bldreulia akories.te+uak jacks. air aeores. odelda). optic 3 31926.632 (e)(3) akick epadees taw-td date (see do WOOS) to be fallsasd (e.g. may system of Per the tabulated date). option 4 .11926.652 (e)(4) Mieb esquires tra essaveitias to be hsipsd by mistesed }tafessiswal egi.ssr (e.g. my desf;asd oyster). 11t.'tl11i 3 - $OCR= AND BO, =— OIPTIOia 410 CITY OF LUBBOCK REQUEST FOR PROPOSALS FOR TITLE: WATER SYSTEM IMPROVEMENTS AVENUE P ADDRESS: LUBBOCK, TEXAS RFP NUMBER: 07-712-DD PROJECT NUMBER: 91210.8304.30000 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS LOCAL GOVERNMENT CODE § 271.116 4. PROPOSAL SUBMITTAL - PROPOSAL FOR UNIT PRICE CONTRACTS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. CURRENT WAGE DETERMINATIONS 11. SPECIFICATIONS NOTICE TO OFFERORS NOTICE TO OFFERORS RFP #07-712-DD Sealed proposals addressed to Bruce MacNair, Public Works Contracting Officer, City of Lubbock, Texas, will be received in the office of the Public Works Contracting Officer, Municipal Building, 1625 13th Street, Suite 102, Lubbock, Texas, 79401, until 2:00 P.M. on April 17, 2007, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "WATER SYSTEM IMPROVEMENTS AVENUE P" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Public Works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Proposals are due at 2:00 P.M. on April 17, 2007, and the City of Lubbock City Council will consider the proposals on May 10, 2007, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. Offerors 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 proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's 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 proposal submitted. There will be a non -mandatory pre - proposal conference on April 10, 2007 in the Municipal Building, Training Conference Room TCLO1, 1625 13`h Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock,Texas 79405. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, http://pr.thergproductioncMpanco, Phone: (806) 763-7770. Additional sets of plans and specifications may be - , obtained at the proposer's expense. Attention of each proposer 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 Public Works Contracting Officer of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2163 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK ��GlC6 %��C�2Ct UL BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER GENERAL INSTRUCTIONS TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE 2 The City of Lubbock is seeking written and sealed competitive proposals to furnish WATER SYSTEM IMPROVEMENTS AVENUE P per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 P.M. CST, APRIL 17, 2007, at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP#07-712-DD, WATER SYSTEM IMPROVEMENTS AVENUE P "and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Darlene Doss, Buyer City of Lubbock 1625 13th Street, Suite 102 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Public Works Contracting Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) a non -mandatory pre - proposal meeting will be held at 9:00 A.M., April 10, 2007 at the Municipal Building, 1625-13'h, Training Conference Room TCLO1, Lubbock, Texas . All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. - 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at http://www.RFPdgpot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the proposer, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at hfp://www.RFPdepot.com and will become part of the proposal _. package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Public Works Contracting Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of -3 these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Public Works Contracting Officer and a clarification obtained before the proposals are received, and if no such notice is received by the Public Works Contracting Officer prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Public Works Contracting Officer before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of -.. competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. -3 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. _ a 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors 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. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Public Works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Darlene Doss, Buyer City of Lubbock Public Works Contracting Office 1625 13`h Street, Suite 102 Lubbock, Texas 79401 Fax: 806-775-3326 or 806-767-2275 Email: ddossAmylubboc.us RFPDepot: http://www.RFPdgpot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 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 ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 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. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 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. _ z 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. _ 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per ' diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage ` schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 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. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES - ° Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the proposer shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 28.3.1 Proposer's name 28.3.2 Proposal for (description of the project). 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. 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. 31 (QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the -- service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The selection criteria used to evaluate each proposal will include the following: 32.1 60% Price. 32.2 15% Resume and references of proposed job superintendent. City shall have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. 32.3 10% List of potential items from proposer that could reduce the cost of work, but result in the same end product. List shall include suggestions of materials/assemblies, etc. 32.4 5% Insurance claims and litigation during the last three years. 32.5 10% Construction time. The estimated budget for the construction phase of this project is $734,200. Proposals shall be made using the enclosed Proposal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unitprices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind " TEXAS LOCAL GOVERNMENT CODE § 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS § 271.116. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. PROPOSAL SUBMITTAL APR-16-2007 09:31 WESTERN INDUSTRIAL SUPPLY 806 374 1431 P.004 *******REVISED PROPOSAL SUBMITTAL******* UNIT PRICE PROPOSAL CONTRACT DATE,rL 06 � - PROJECT NUMBER: #07-712-DD - WATER SYSTEM IMPROVEMENTS AVENU E P Proposal of �iCZ(YL� �iiC .T T. ZL%5� Sil/G • (hereinafter called Proposer) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Invitation to Bid for the construction of a WATER SYSTEM IMPROVF.M ENTS AVENUE P having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract doewnents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 1 LS Mobilization / Demobilization, insurance, bonds and move in / out related costs, Complete for the lump sum price of.: OF TOTAL ITEM #1. %� VS'A�J� X/p $-My / S(30LX 1 (Amqmvd shall be shown in both words and nuravr )s. In c;+se of discrapancy 11hit shown in words shall govern.) ) 2. 1 LS Tie new 16" water line to existing stub at 98T' & Avenue P, including all materials, traffic control, and pavement repair for the lump sum price of: TOTAL ITEM #2 ,si <F" �OCA14VA46 4 AA� I�D'�%� � /L ' - - ) (Amounts shall be shown in both words and nrunerahs. In case of discrepancy, the nmount shown in wor%LN %kill Kovem.) 3. 10,550 LF Fumish and install 16" C905, DR18 PVC water line, complete in place for the unit price; per linear foot of: TOTAL ITEM 43 F& r -74LC 04 AM rS 43, /LF( (Amounts shall be shown in both words and numerals. Tn caso of discrepancy, the amount shown in words shall govern.) 4. 75 LF Furnish and instal l 8" C900 DRI8 PVC water line, complete in place for the unit price r linea�rr fo�1 ot � TOTAL ITEM #4: �t�TY %i/'Gt bellAAS $ 33. /LF( (Amounts shall be . own in both words and numerals. In case of discrepancy, the amount shown in words shull govem.) s -RIVOfferor's Initials APR-16-2007 09:31 WESTERN INDUSTRIAL SUPPLY 806 374 1431 P.005 Estimated [tem Quantity No. & Unit Description of Item Total Amount 5. 110 LF Furnish and install 6" C900 DR 18 PVC water line complete in place, insurance, bonds and move in / out related costs, complete for the lump sum price of: qq � TOTAL ITEM #5: i J�T'N bmar b2�%s � $ 3 /LF 3 /0 (Amounts shalike shown in both words and numerals. In wse of diserepulcy, tho amount Shown in words shall 8 6. 10,735 LF Furnish and instal heavy polyethylene warning tape with tracer wire, complete in place for the unit price per linear foot of: TOTAL ITEM #6: ONIG 40t/j R G�.t+(�5....---$---- �' 1Lrl a��7, �3, /0 (Amounta shall be shown in both words and numerals. in case of discrepancy, the amount shown in words shall govern.) 7. 2.75 Tons Furnish and install C153 Ductile iron fitting including appurtenances, complete in place for the price per t/o�n� off. _ 'I'OTA'L ITEM #7:'eiC-1 „N %�i otJSRd� 1Uq► 'S r% ,� "�Cl, a6Q � Fr� /Tons( (Amounts shall be shown in both words and numomis. In we of discrepancy the amount shown in words shad govern 8. 4 EA Furnish and install,1.6" gate valve and box, including appurtenances, complete in place for the unit price per each of: 1W � TOTAL ITEM #8: l �'n( Sd�t-n/ f/uyAR IW, $ �'70�0 A_ (ym p (Amoun shall be shown in bnth word¢ and numerals. In case of discrepancy, the amount shown in words shalt govern.) 9. 4.EA burnish and install 12" gate valve and box, including appurtenances, complete in lace, for the unit price er each of: TOTAL ITEM #9: Aa A" VV- $ -or /EA 195- (Amounts shall be shown in both words and numerals. In cum of discrepancy, the amount shown in olds Shall govern.) 10. 3 EA Furnish and install 8" gate valve and box, including appurtenances, complete in place for the unit prices per each of L, TOTAL ITEM # 10: CiF%95N l�/w MAk A�ruRS" Y O.� /EA(�y� pl l (Amounts shall be shown in both words and numerals. In case ofdiscrepaney, the amount shown in words shall govern.) 11. 3 EA Furnish and install 6" gate valve and box, including appurtenances, complete in place for the unit price per each of: 49 /� TOTAL ITEM #11:.OAJ T�vsAAA4 lU�f � $ /Q('1�. /EA( I=% (Amounts shall be shown in both words and numerals, in case of discrepancy, the amount shown in words shall govern.) •vp', Offeror's Initials APR-16-2007 09:31 WESTERN INDUSTRIAL SUPPLY 806 374 1431 P.006 Estimated Item Quantity No. & Unit Description of Item Total Amount 12. 1 EA Furnish and install 4" gate valve and box, including appurtenances, complete in place for the unit price per each of: TOTAL ITEM # 12: V #*A)67 ANNO&GA hell DA.5_�esrs $ 1,00, A( �900 (Amounts shall ho shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 13. 85 LF Furnish and install 24" steel casing in bore. Casing shall bc.25"minimum wall thickness shall be bituininously coated, furnished and installed complete in place for the unit pncc cr linear foot of. pNa p"AAA0 4 y i TOTAL ITEM # 13: DJR &IIA P4 i3��f $ /R f �ILF( Lek b'�O•' ' (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 14. 60 LF Furnish and install 14" steel casing in bore. Casing shall be 0.25" minimum wall thickness and shall be bituminously coated, furnished and installed complete in place for the price per linear foot of: cml-_ OTAL ITEM # 14: 0� JZ Hu W WA MA19TEPAJ &1'AR SiT (Amounts shall be shown in both words and numerals. In cash oCdisorepa%7, tho amount shown in words shall govern.) 15. 61 LF Furnish and install 12" steel casing in bore. Casing shall be 0.250" minimum wall thickness and shall be bituminously coated, furnished and installed complete in place for the price per linear foot of: 41 rOTALITEM#15: ©NG M.Wo"A S;x Aolfi�QS� $ /06�/LF( (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern,) 16. 375 LF Furnish and install 16" slick bored pipe (Cerdalok or equal) with grout or asphalt pavement repair as specified complete in placer the price per linear foot of.,: oNa Hunr4Rcd Sxx AX TOTAL ITEM #16: $_ /LF( [� ) (Amounts shall be shown in both words and numerals, in case of discrepancy, the Amount shown in word shall govorn.) 1.7. 1 EA TOTAL ITEM # 17:, 18. 1 LS TOTAL ITEM # 1.8: Furnish and install meter station, including meter, meter structure, and bypass line, valves and fittings, complete in place for_the unit price per each of: ,C L1%vcr,v tXo os4A14 4X v - a6 flvNiOQtd A10114Rs VW-- $ //600. /EA( /,,�m� (AmounL%AulI yn shown in Moth wordy and numorak In cast of discrepancy, the amount shown in words shall govern., Furnish and install 4" RPZ valve structure, piping, concrete slab and electrical service to make a complete and working RPZ structure as drawn on the plans, complete in place for the 1tmlp sum of price of: ►%tl2v 1 Zoos4^4 -<o Alw4lA40,t nmts shall be shown in both words and numerals. In ease of discrepancy, die amount shown in words shall govern.) r`' Offeror's Initials APR-16-2007 09:31 WESTERN INDUSTRIAL SUPPLY 806 374 1431 P.007 Estimated Item Quantity No. & Unit Description of Item Total Amount 19, 3 EA Furnish and install standard fire hydrant including all appurtenances, complete in place for the emit price per each of 7'W' Q A - ?X res6 N✓NOW TOTAL ITEM #19: Q IA&S 0—C&A; 3 $13009/EA( (I ?00) (Amounts ,hull be shown in both wont, avid numenik, Tn case of discrepancy, the amount shown in words shall govern.) 20_ 1 EA Furnish and install 2" combination air valve and structure as shown on the plans, complete in place for the unit price per each of: -7-iCr.-r1 sffvEAv jP40AMQrn >r TOTAL ITEM #20: Cd/A/LS ?5"0 +N?'s $ s 900 . /EA( `'3 X0. ) (Amounts shall be shown in both words and numerals. in ease of discrepancy, the amount shown in words shall govern.) 21, 10,500SF Furnish OSIIA approved trench safety protection, complete in place for the price of: TOTAL ITEM #21: 22. I LS TOTAL ITEM #22: 23. l LS TOTAL ITEM a. s $ /. PC/SF( /S, im shall be shown in both words and numerals. In case of discrepancy, the amount shown In words shall govern) Furnish complete SWPPP as required by the Texas Commission on Environmental Quality, complete in place for the unit price per each of n shall be shown in both words and numemis. In cuse of discn cy, the amount shown in words shall govern.) Furnish complete traffic control plan approved by the City of Lubbock Traffic Engineer, complete in place for the lump sum price of, l rots shall be shown in both words ,Ind numerals. Tn eaw of discrepancy, the amounts in words shall govem.) TOTAL PROPOSAL, ITEMS #1. - 23: �/r NINE TOTAL PROPOS-SL-!/�Cit/ /�lit/4JQR/: b 7 o C�► / 6� ITEMS #1- 23: 77O&MA G A1%N0ilW4 S1�LTgD,rl(; ,Qp/�yQs $ 3 ! ! • (Amounts shall he shown in both words and numora s. In case of discrepancy, the amount Shown in word+.vhali gave Offeror's Initials APR-16-2007 09:32 WESTERN INDUSTRIAL SUPPLY 806 374 1431 P.008 ALTERNATE _ Estimated item Quantity No. & Unit Description of Item Total Amount 1. 1 LS Mobilization / Demobilization, insurance, bonds and move in / out related costs, complete for the lump sum price of: TOTAL ITEM #1:�% "7.�eus�w0 �Ai(i9+ef $ds�a04Jisc ._ ) (AmOWNshal I bo shown in hoth words and numerals. In case of discrepancy, the amount shown in words shall govem.) 2. 1 LS Tie new 6" water lire to existing stub at 98Th &. Avenue P, including all materials, traffic control, and pavement repair for the lump sum price of: e� K TOTAL ITEM #2:.ShM jg +w& /-411116"4 r^/ � 16' $ 0/LS(� (Amounts shall be shown in both words turd numerals. In ease of discrepancy, the amount shown in words shall govern) 3. 10 EA Furnish and install 6" gate valve and box, including appurtenances, complete, in. place �� for the unit price per each of: TA'fAL ITEM #3:,�rTiioySW.� �1�� $- /EA e����.L�t��� ) (Amounts shall bo shown in both words and numerals. in case ofdrscrepuncamount sh wnd in words shnU &ovum.) 4. 1 EA 1~umish and install 4" gate valve and box, including appurtenances, complete in place for the unit price per each of TOTAL ITEM #4: /iJ�nJL- /yU�tlbIQBA AQiII�Q S �_Ar $__'?60. /EA( ? ) (Amounts shall be shown in both words and numerals. Inc use of discrepocy, rho amount shown in words shall govern.) 5. 206 L.F 'Furnish and install 12" steel casing in bore. Casing shall be 0.25" minimum wall thickness and shall be bituminously coated, furnished and installed complete in place for the unit price per linear foot of: / n T0'rAL ITEM #5: over )%4"ac6 S; x 40114A S aa� $ 1D6 /LF( _ (Amounts shall be shown in both words and numerals. In ense of diserepancy, the amount shown in words shall govcm.) 6. 10,735 LF Furnish and install 6" C900 DR18 .PVC water line, complete in place for the unit price per linear foot of: TOTAL ITEM #6: TY &145 $ /LF( (Ams shall be shown in both words and numerals. in case of discrepancy, the amountshown hi words shull govern.) �. fx. Offeror's Initials APR-16-2007 09:32 WESTERN INDUSTRIAL SUPPLY 806 374 1431 P.009 � U Estimated -= Item Quantity No. & unit Description of Item Total Amount 7, 10,735LF Furnish and install heavy polyethylene warning tape with tracer wire, complete in place for the linear foot of: TOTAL ITEM (Amounu shall bo shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) $. 1.0 TONS Furnish and install C153 Ductile iron fitting including appurtenances, complete in place fortheprice per ton of: 'orn TOTAL ITEM #S:.L�X+16 i r el �COOSA� &IJAyQ — $ ��y,y��A /Ton. �d C •� ) (Amounts shall be shown in both words acid numerals, in case of discctrpuncy, the amount shown in word,, shall govern.) 9. 4 EA Furnish and install 6" gate valve box, including appurtenances, complete and in place for the unit price per each of.: TOTAL ITEM #9: C&Z +e 72wSewA /-Jo&&5 __. _ _$ /,!M/LA( :5�j2g2-w (Amounts shall be shown in both words imd numerals. in caso of discrepancy, the amount shown in words shall govern.) 10, 375 LF Furnish and install 6" slick bored pipe (Ccrtalok or equal) or asphalt pavement �repair as specified complete in place for the price per linear foot of, /� TOTAL ITEM #10: .�� I�Cr l +� $ ( a`/LF(, AS.92- . o") (Amounts Mid be shown in both words and numerals. In case of disetepawy, the amount shown in wo4 shall Govern.) 1 L 1 EA Furnish and install meter station, including meter, meter structure, and bypass line, valves and fittings, complete in place for the unit price per each of-., 71116- TOTAL ITEM #11: ql id �J.—eS �CC!.d1�$11 SM /EA( Z1,JU0, (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words sludl govern.) 12. 1 LS Furnish and install 4" RP7_ valve structure, piping, concrete slab and electrical service to make a complete and working RZP structure as drawn, on the plans, completef pand in place for the unit price per each oD TOTAL ITEM #12. �,V lk"Aala ru-- _ _ $ /S /LS OtGYJ� (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in w rds shall govern) PM • Offeror's Initials APR-16-2007 09:32 WESTERN INDUSTRIAL SUPPLY 806 374 1431 P.010 IJstimated Item Quantity No. & Unit Description of Item Total Amount 13, 3 EA Furnish and install standard fire hydrant including all appurtenances, complete in place for the unit price per each of: LL TOTAL ITEM t�13:`riaLls �t 7�t�re �iitl�/b dhtQ�%45 � /EA( P (Amounte sham be shown in both words and numerals. in clue of discrepancy, the amount shown in words shallgovern.) 14. 1 EA Furnish and instal12" combination air valve and structure as shown on the plans, complete in place for the unit price per each of: TOTAL IT FM 914:W;-r�i%&Al fbv &G�.1 ,�l(�w,� 34DD`viEA( 3 W%� (Amon shall be shown in both words wid numerals. In ease of discrepancy, the amount shown in words shrill govern.) TOTAL ALTERNATE, ITEMS #1. -1.4: TOTAL, ALTERNATE qq ITEMS #1-14: 15 (Amounts shall be nhown in both words and numeralLinkaso of discrepancy, the amount shown in words ihAU govern,) Proposer hereby agrees to commence the work on the above project on or before a date to be s ecified in a written "Notice to Proceed" of Owner ►{id to substantial compl.etc he pro ect within # Days Completed by Contractor) ( A14 1 kM I t.��1�i( � ) (Written Days Completed by Contractor consecutive calendar days thereafter as stipulated in the specifications and other contract documcnts. Proposer hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE -HUNDRED) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the; contract documents. Proposer 'understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Oft`eror's Initials APR-16-2007 09:32 WESTERN INDUSTRIAL SUPPLY 806 374 1431 P.011 Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or it Bid/Proposal Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the requiredbond (if any) with the Owner within ten (10) business 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. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include an contract 4ocaments mane avaiianie to nim for nis Pursuant to Tex= Local Government Code 252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON T1R'E PROPOSAL StjRMIiIAlj F ,AM PR(M TO PROPOSAL OPENING. -, (Seal if Offeror is a Corporation) AZetary S Offeror acknowledges receipt of the following addenda: Addenda No. r Date Addenda No. _ Date �4 / -b 7 Addenda No. Date «<i Addenda No. Date . accordance with the Notice to Offerors. Compan Addressv� City, T s co?�o2 N State Zip Code Telephone: a - `735- 76-63 Fax: I'DG FEDERAL TAX 10 or SOCIAL SECURITY No. 2saosAy7y WWREFirm: I I Woman BiackAmerican Native Amcricm His is American Asian Pacific American Other S ecifv TOTAL P.O11 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent And Attached to Proposal Submittal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurRnce certificate to the City meeting all of the requirements defined in this proposal. CONTRACTOR'S FIRM NAME: Contractor ( t) (Print br Type) L..-L l�G'-s . Z111G, CONTRACTOR'S FIRM ADDRESS: A a 80 k 16 lS WE Name of Agent/Broker: lik frl .-r11 UAAAZ AGENT / BROKER (SIGNATURE) p Address of Agent/Broker: A� 0, City/State/Zip: &AQ4 kl 4,k-0'4 %—X • 9 9/0 Agent/Broker Telephone Number: ( 00.(o > 316 g 7 o l Date: ,4,0k-:LL of q, 9Z7,97 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Public Works Contracting Officer for the City of Lubbock at (806) 775-2168. PROPOSAL #07-712-DD — WATER SYSTEM IMPROVEMENTS AVENU P SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Proposal Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received c' tions for violations of OSHA within the past three (3) years? YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. � �-f I Offeror's Initials UESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? / YES NO Y If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty _ assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS - - COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that th formation given by me in this questionnaire will be investigated, with my full permission, and that any misrepres nta 'oAs or o ions ay cause my proposal to be rejected. v C'SU d L-/V I Title 10 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: FEDERAL TAX ID or SOCIAL CJ i �C4 'T�4 S, -ZVC-, Signature of Company Official: Printed name of company official signing abo e:G L'Q w54 /V/ Date Signed: 4 - /5' 0 / 11 PAYMENT BOND z.a STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Bond No.: 6495868 KNOW ALL MEN BY THESE PRESENTS, that Triple L Utilities, Inc. (hereinafter called the Principal(s), as Principal(s), and First National Insurance Company of America, 1600 N. Collins Blvd., Suite 3000, Richardson, TX 75080 (hereinafter called the Surety(,, as S1u>Hetuyl�s a h�l�lrre iWy befnountto tl�e City of Lubbock (hereinafter called the Obligee), in the amount ofine Hunre Sixty -Two------- Wars ($ 739,962.0� lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 12th day of May , 2007 , to construct certain improvements, Proposal #07-712-DD-Wad stem Improvements Avenue P, Lubbock, Texas and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 21 st day of May 20 07 . First National Insurance Company Surety of America *B . (Titl4 Robert I. Covin o Attorney- In-Fac Triple L Utilities, Inc. (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Howard Cowan an agent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of process may be had in matters arising out of such suretyship. First National Insurance Surety Company of America * ( itle) Robert I. Co v n ton Attorney -In -Fact Approved as to form: City Lubbock - _ . By. a 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. PA S A F EC O° POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE, WA 98124-1526 PO BOX 34526 SEATTLE, WA 98124-1526 No. 13038 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint •••••.••.••••••.•.••••.•••••••..•••••••••••••••••••ROHERT 1.COVINGTON• Amarillo,Texans•••••••••••••.••••••••••.•••••••••••••••••••••••••.•.• its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 22nd day of September , 2003 M �� P C��4� at—, CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (III) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL 6192a : S-1049/FNEF 7198 this 21 st day of May CHRISTINE MEAD, SECRETARY 2007 ® A registered trademark of SAFECO Corporation 09/29/2003 PDF PERFORMANCE BOND STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Bond No.: 6495868 Triple L Utilities, KNOW ALL MEN BY THESE PRESENTS, that Inc- (hereinafter called the Principal(s), as Principal(s), and First National Insurance Company of America, 1600 N. Collins Blvd.. Suite 3000, Richardson, TX 75080 (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 ev n nd ed T in _ ine_Thot RA ($739, 962.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the: 12thiay of May , 2007 to construct certain Improvements, Proposal #07-712-DD- Water System Improvements Avenue P, Lubbock, Texas, 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 Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 21 st day of May , 20 07 , First National Insurance Company Surety of America Triple L Utilities, Inc. (Co any Name) * B _ Ba ky wson (Titl) Robert 1. g (a ) Covin to Attorney -In -Fact (Signatu(e) President (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Howard Cowaran 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. First National Insurance Surety Company of America Robert 1. C v ngton Attorney -In -Fact Approved as to Form City of Lubbock - By. Attorn _ _ * 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. 2 �a S A F E C O' POWER � FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE, WA 98124-1526 'PO BOX 34526 SEATTLE, WA 98124-1526 No. 13038 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint •aa...tt•t.t.•wwttw...•tttttttttttt••..w.w•+.+.*•••ROBERT I.COVINGTON; Amarillo, Texas''t..••....+.....•w.••twttw•t..►..ttt.t..w...........• its true and lawful aftomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 22nd day of September 2003 /t,tj [.L. P C��4 . &� CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and _ (ill) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-1049/FNEF 7/98 this 21st day of May , 2007 SEA 92L i s s CHRISTINE MEAD, SECRETARY ® A registered trademark of SAFECO Corporation 09/29/2003 PDF F�l SAFECO" State of Texas Surety Bond Claim Notice In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Adams Building 4634 154th PL NE Redmond, WA 98052 Mailing Address: SAFECO Surety PO Box 34526 Seattle, WA 98124 Phone. (425) 376-6635 Fax: (425) 376-6533 www.SAFECO.com CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Suite 102 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Products-Comp/Op AGG $ Cl Claims Made [_I Occurrence Personal & Adv. Iniury $ Owner's & Contractors Protective Contractual Liability $ U With Heavy Equipment Endorseme it Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY 1 3 Any Auto Combined Single Limit $ 0 All Owned Autos Bodily Injury (Per Person) $ U Scheduled Bodily Injury (Per Accident) $ 11 Hired Autos Property Damage $ ( Non -Owned Autos GARAGE LIABILITY 11 Any Auto Auto Only - Each Accident $ E-i Other than Auto Only: Each Accident $ Aggregate $ BUILDER'S RISK I 100% of the Total Contract Price 100% Of Total Material Costs INSTALLATION FLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ [ l Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Statutory Amounts $ EMPLOYERS' LIABILITY $ AND/OR OCCUPATIONAL MEICAL & DISABILI OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. ONE COPIE OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF -.= SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the proj ect; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. P.O, Box 2000 Lubbock, Texas 79457 (806) 775-2171 , Fax (806) 775-3326 NOTICE OF AWARD Triple L. Utilities, Inc. Attn: Ricky Lawson PO Box 1615 Dumas, Texas 79029 May 15, 2007 FILE COPY Public Works Contracting Office RE: RFP # 07-712-DD — WATER SYSTEM IMPROVEMENTS AVENUE P Dear Mr. Lawson: This -is official notice that award of the above -referenced project is made to your firm, in accordance with the terms and conditions of the proposal and subject to contract. The value of the award is D THIRTY-NINg 111OUSAND NINE HUNDRED SIXTY-TWO DOLLARS AND 00/100 (5739.962) inc udina tax. This award does not constitute a contract. You have ten (10) business days from this notice, exclusive of the day of notice, to provide a contract with the duly authorized signatures affixed thereto, your original Insurance Certificate and original Insurance Certificates for all sub -contractors. All Insurance Certificates must be in compliance with `°CONTRACaOala INSURANCE" Section of the proposal and with the following additional insured endorsement: "City of Lubbock, its officers, agents and employees are named as primary additional ilissured's on General Liability policies, with respect to RFP��� .70 '' Qio #07-712-DD, Endorsement #-.qo3 �, The endorsement number must be -included in this statement. Tire Insurance Certificates shall also include a Waiver of Subrogation in favor of the City of Lubbock on General Liability, Automobile Liability, and Worker's Compensation policies. The Certificate Holder will be City of Lubbock, c% City of Lubbock Public Works Contracting Office, 1625 13" Street, Suite 102, Lubbock, Texas 7940I. Upon satisfactory fulfillment of these requirements, a written Notice To Proceed will be issued. THIS LETTER IS NOT A NOTICE TO PROCEED, A NOTICE TO PROCEED WILL BE ISSUED BY THE PUBLIC WORKS CONTRACTING OFFICER AND OWNER'S REPRESENTATIVE UPON RECEIPT OF THE EXECUTED CONTRACTS, ALL APPLICABLE INSURANCE CERTIFICATES IN COMPLIANCE WITH SPECIFIED INSURANCE REQUIREMENTS, AND SIGNED NOTICE OF AWARD. The work is to be fully completed within ONE HUNDRED TWENTY 120 CALENDAR DAYS from the date of commencement specified in the Notice to Proceed ACORDTM CERTIFICATE OF LIABILITY INSURANCE 0DATE 5/22/07DmrYY) PRODUCER Hilb Rogal & Hobbs of Amarillo 1800 Washington, Suite 400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 1149 Amarillo, TX 79105.1149 INSURERS AFFORDING COVERAGE NAIC # INSURED Triple L es, Inc. INSURER A: Ohio Casualty Insurance Company 1481 INSURER B: Texas Mutual Insurance Company 22945 1611 P.O. Box 615 Dumas, TX 79029 INSURER c: Great American Insurance Companies 841 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER PDATEYMMIDDlYVE ATION PD ITE CY MM DD/YY) LIMITS A GENERAL LIABILITY BKO0753407655 10/22106 10/22/07 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE N OCCUR ERENTED DAMAGE To $1 OO OOO MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1 000 000 X PD Ded:1,000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY X PRO- ECT LOC A AUTOMOBILE LIABILITY ANY AUTO BA00753407655 10/22/06 10/22107 COMBINED SINGLE LIMIT (Es accident) $11 �0�,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Peraccidenl) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE _ AGGREGATE $ S $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND TSF0001086744 03/13/07 03/13/08 WORY C LIMJ 7; EMPLOYERS'LULBILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERWEMBER EXCLUDED? E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000 000 II yes, describe under SPECIAL PR VISIONS below E.L. DISEASE - POLICY LIMIT $1 000,000 C I OTHER Builder's RI BINDER129089 05/22/07 05/22/08 $739,962. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Lubbock is Primary Additional Insured with Waiver of Subrogation on General Liability and Automobile Liability with Waiver of Subrogation on Workers Compensation. Project#RFP#07-712-DD-Water System Improvements Avenue P (See Attached Descriptions) City of Lubbock; City of Lubbock Public Works Contracting Office 1625 13th Street, Suite 102 Lubbock, Texas 79401 ACORD 25 (2001108)1 of 3 #60511 1. G1..L I ow" LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ n DAYS WRITTEN E TO THE CERTIFI E HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PE NO 09L.IG OR LIABILITYOF ANY KIND UPON TH_9JN,9URER, ITS AGENTS OR VKV © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 Of 3 #60511 DMCRI:PTION-S (Continued from Page 1) AMS 25.3 (2001/08) 3 ot 3 #60511 1. BLANKET ADDITIONAL INSURED (Owners, Lessees, Contractors or Lessors) (includes a Primary/Non-Contributory provision) W `J k, G 31 Who Is An Insured Section If is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or "personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or > 2. Caused in whole or in part by your ongoing operations performed for that insured. The insurance provided the additional insured in 1.A.2, above does not apply to: n ' a. Coverage A - Bodily Injury and Property Damage Liability, Coverage B - Personal and Ad- vertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. -< b. "Bodily injury" or "property damage" occurring after: (1) All work; including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) were performed by or on behalf of the additional insureds) at the site where the covered operations have been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. Includes copyrighted material of ISO Properties., Inc., with its permission. CG 83 30 12 03 0 ISO Properties, Inc., 2003 Page 2 of 8 D. As respects the coverage provided to the additional insured under this endorsement, Section IV - Conditions is amended as follows: 1. The following is added to Condition 2: Duties In The Event Of Occurrence, Offense, Claim, or Suit An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4, Other Insurance: If the additional insured's policy hat an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: f Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: s A. The last paragraph of 2. Exclusions of Section I -Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. Includes copyrighted material of ISO Properties., Inc., with its permission. -b CG 83 30 12 03 © ISO Properties, Inc., 2003 Page 3 of 8 12. BODILY INJURY Paragraph 3, of the definition of "bodily injury" in the Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. All other terms and conditions of your policy remain unchanged. Includes copyrighted material of ISO Properties., Inc., with its permission. E x CG 83 30 12 03 0 ISO Properties, Inc., 2003 Page 8 of 8 MASTER PAKaD FOR COMMERCIAL AUTOMOBILE —TEXAS �UA Section IV - Business Auto Conditions The following paragraphs are added to 2. Duties in the Event Of An Accident, Claim, Suit, Or Loss: e. Your obligation in Loss Condition 2-a (Section IV) relative to notification requirements applies only when the accident or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; 7 (3) A member, if you are a joint venture or limited liability company; or (4) An executive officer or insurance manager, if you are an organization other than a partnership, joint venture or limited liability company. f. Your obligation in Loss Condition 2.b. (Section IV) relative to providing us with documents concerning a claim or suit will not be considered breached unless the breach occurs after such claim or suit is known _.1 to: (1) You, if you are an individual; (2) A partner, if you are a partnership; ' (3) A member, if you are a joint venture or limited liability company; or (4) An executive officer or insurance manager, if you are an organization other than a partnership, joint venture or limited liability company. The following condition is added to Paragraph B. General Conditions: 9. Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium due to us as a result of these undisclosed hazards in accor- dance with our filed rating plans. The following condition amendments apply: W 7. Policy Period Coverage Territory The following is added to the description of coverage territory of General Condition 7. (Section IV): e. The coverage territory for autos hired for a period of 30 days or less is all parts of the world, provided the insured's responsibility to pay damages is determined in a suit brought in the territory described in 7.a. through d. above, or in a settlement to which we agree. Blanket Waiver of Subrogation Paragraph 5, TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US in Section IV, Business Auto Conditions, is replaced by the following: We waive any right of recovery we may have against any person or organization because of payments we make for bodily injury or property damage arising out of the operation of a covered auto when you have assumed liability for such bodily injury or property damage under an insured contract. Section V - Definitions Mental Anguish The definition of bodily injury is replaced by the following: bodily injury means bodily injury, sickness or disease sustained by any person, including mental anguish, or death resulting from any of these. Light Weight Truck Light Weight Truck means a truck, van or utility vehicle with a Gross Vehicle Weight (GVW) of 10,000 lbs. or less. CA 86 5107 00 Page 4 of 4 ISO ( Commercial General Liability Forms 1 07/01/04 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ Izatio ns : Location And Description Of Completed Operations & aplUees Prollect #RFP#07-712—DD —Ave Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 n POLICY NUMBER: BA00753407655 COMMERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 05 21 07 unTe-rs' By: �uthorizecl Representative) Nrt}ec{�IesL Utilities Inc. p � SCII E ' " I J ./ Name and Address of Additional Insured: City of Lubbock, its officers, agents and employees P. 0. Box 2000, Suite 102 Lubbock, T% 79457 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 7 A. Who Is An Insured (Section II ) is amended to include as an "insured" the person(s) or organization(s) shown in J the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. B. The additional insured named in the Schedule or Declarations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations in all matters pertaining to this insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancellation of this policy. If we cancel, we will give 10 days notice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. ® WORKERS' COMPENSATION AND EMPLOYERS e xz��t LIABILITY INSURANCE POLICY InsnranceCompany WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001086744 20070313 oftheTexas Mutual Insurance Company Issued to TRIPLE L UTILITIES INC Endorsement No. Premium $ tt Authorized Representative WC420304A (ED. 1-01-2000) INSURED'S COPY JOPARKS 3-16-2007 No Text CONTRACT #7609 ISTATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this .2'day of May, 2007 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Triple L. Utilities, Inc. of the City of Dumas, County of Moore and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: IPROPOSAL #07-712-DD — WATER SYSTEM IMPROVEMENTS AVENUE P - $739,962.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Triple L. Utilities, Inc.'s proposal dated April 24, 2007 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance J with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. -� IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. Triple L IVJ I itie Inc. By: PRINTED NA : Ricky Lawson TITLE: Prs i d n f -; COMPLETE ADDRESS: ' Company Triple L Utilities, Inc. Address P. O. Box 1615 City, State, Zip Dumas TX 79029 ATTEST: C rate S et ber McKay V K, TEXAS (OWNER): YOR PRO TEM City Secretary tt" GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Triple L Utilities, Inc. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative WOOD FRANKLIN CHIEF WATER UTILITIES ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously 4 accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in --= the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. 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 actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the _.3 actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these 6 contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the - Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and _= equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury With Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance. — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1000.000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as a primary additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total materials costs (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance — NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for -- the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to --- administrative penalties, criminal penalties, civil penalties, or other civil actions. 10 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 11 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS'COMPENSA TION CO VERA GE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804-4000 3 (http://www twcc.state.tr-us4wcccontacts.html) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 12 (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the _ project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as -, required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION W . The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and t- save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the --, contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the 13 Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 (FIVE -HUNDRED) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount r agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. 14 IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly - agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein - fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for .. hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage _ shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are 4 approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing 15 their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. 16 Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. -11 43. SUBSTANTIAL COMPLETION - Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, - = if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. 17 When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed _ denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or 18 (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the 19 Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in " any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts - and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If _ the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. 20 In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 21 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.00 Air Conditioner Installer -Helper 7.50 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 Bricklayer -Helper 7.00 :ji Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 9.00 Drywall Hanger 11.00 Electrician 15.00 Electrician -Helper 8.00 Equipment Operator -Heavy 10.00 Equipment Operator -Light 9.00 Fire Sprinkler Fitter -Journey 18.00 Fire Sprinkler Fitter -Apprentice 10.00 Floor Installer 9.50 _., Glazier 10.50 Insulator-PipingBoiler 10.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 . , Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 I Welder -Certified 11.00 :� 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates _ Craft Hourly Rate Asphalt Heaterman 9.00 -t Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 ' Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 ? Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 --- Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates j Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. is �.1 �i i -t u i i [i i 3 SPECIFICATIONS TABLE OF CONTENTS DIVISION 0 - BIDDING REQUIREMENTS AND CONTRACT INFORMATION DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work....................................................................................................................... 01019 Contract Considerations............................................................................................................... 01025 Measurement and Payment.......................................................................................................... 01040 Coordination and Meetings.......................................................................................................... 01090 Reference Standards.................................................................................................................... 01300 Submittals.................................................................................................................................... 01400 Quality Control............................................................................................................................ 01500 Construction Facilities and Temporary Controls......................................................................... 01600 Material and Equipment.............................................................................................................. 01700 Contract Closeout........................................................................................................................ DIVISION 2 - SITE WORK M 02050 Removal, Demolition and Salvage............................................................................................... —� 02151 Trench Safety Systems................................................................................................................. 02222 Excavating................................................................................................................................... 02223 Backfilling................................................................................................................................... 02665 Piping, Valves and Fittings.......................................................................................................... 02666 Steel Casing in Bore.................................................................................................................... DIVISION 3 - CONCRETE _...., 03100 Concrete Formwork..................................................................................................................... 03200 Concrete Reinforcement.............................................................................................................. 03300 Cast -in -Place Concrete................................................................................................................. 03410 Precast Concrete.......................................................................................................................... 1 DIVISION 4 - 16 Not Used APPENDIX A — OSHA 1926 SUBPART P (For Information Only) 01228105 TABLE OF CONTENTS TOC - 1 02/07 SECTION 01010 SUMMARY OF WORK PART 1- GENERAL 1.1 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site. C. Owner occupancy. 1.2 RELATED SECTIONS A. General Conditions. B. Section 01300 - Submittals: Schedules of Values. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Identification: Water Distribution System Improvements (Avenue P). Work will consist of a new 16" water line and other miscellaneous improvements. 1. Location: Lubbock, Texas. 2. Owner: City of Lubbock. B. Verbal Summary: Without force or effect on requirements of the Contract Documents a brief description ol'thc Project is as described in 1.3(A). C. The work will be constructed under two contracts. Contractor can bid on one Contract or both Contracts as desired. 1.4 CONTRACTOR USE OF PREMISES A. General: During the construction period the Contractor shall have full use of the premises for construction operations, including use of the site. The Contractor's use of the premises is limited only by the Owner's right to perform work or to retain other contractors on portions of the Project. B. Use of the Site: Limit use of the premises to work in areas indicated. Confine operations to areas within contract limits indicated. Do not disturb portions of the site beyond the areas in which the Work is indicated. 1. Owner Occupancy: Allow for Owner occupancy. 2. Driveways and Entrances: Keep entrances serving the premises clear and available to the Owner, the Owner's employees, and emergency vehicles at all times. PART 2 - PRODUCTS Not Used 01228105 SUMMARY OF WORK 01010 - 1 02/07 PART 3 - EXECUTION Not Used END OF SECTION 01228105 SUMMARY OF WORK 01010 - 2 02/07 SECTION 01019 CONTRACT CONSIDERATIONS PART 1- GENERAL 1.1 SECTION INCLUDES A. Schedule of Values. B. Application for Payment. C. Change procedures. 1.2 RELATED SECTIONS A. General Conditions. B. Section 01300 - Submittals: Schedule of Values. 1.3 SCHEDULE OF VALUES A. Submit typed schedule on Contractor's standard form. B. Submit Schedule of Values in duplicate within 15 days after date established in Notice to Proceed. C. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the major specification Section. Identify site mobilization, bonds and insurance. D. Include within each line item, a directly proportional amount of Contractor's overhead and profit. E. Revise schedule to list approved Change Orders, with each Application For Payment. 1.4 APPLICATIONS FOR PAYMENT A. Submit four copies of each application on EJCDC Form 1910-8-E - Payment Application or equal. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Payment Period: As defined in Owner -Contractor agreement. D. Waiver of liens from subcontractor. 1.5 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time as authorized by EJCDC 1910-8, 1990 Edition, Article 10 by issuing a work directive change on EJCDC 1910-8-F. B. The Engineer may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change. Contractor will prepare and submit an estimate within 7 days. 01228105 CONTRACT CONSIDERATIONS 01019 - 1 02/07 1_ C. The Contractor may propose a change by submitting request for change to the Engineer, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. Document any requested substitutions in accordance with Section 01600. D. Stipulated Sum/Price Change Order: Based on Proposal Request and Contractor's fixed price quotation or Contractor's request for a Change Order as approved by Engineer. E. Construction Change Authorization: Engineer may issue a directive on EJCDC Form 1910-8-F, Work Directive Change, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. Document will describe changes in the Work, and designate method of determining any change in Contract Sum/Price or Contract Time. Promptly execute the change. F. Time and Material Change Order: Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. Engineer will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. G. Maintain detailed records of work done on Time and Material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. H. Change Order Forms: EJCDC 1910-8-B. I. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the General Conditions of the Contract. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01228105 CONTRACT CONSIDERATIONS 01019 - 2 02/07 SECTION 01025 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.1 GENERAL The unit price or lump sum price proposal on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. The quantities listed in the Proposal Sheet are estimated for the purpose of comparing bids. Payment for each item will be made for actual field measured quantities. Cost of work or materials shown on the plans or called for in the specifications and for which no separate payment is made shall be included in the proposal price with the most applicable item(s). 1.2 UNIT COST ITEMS Unit cost items, not otherwise included in this section to be paid for at a unit cost per unit shall include all work and materials involved in the installation within the limits designated on the plans. Measurement shall be made in units shown on the Proposal Sheet. All work so included shall be installed, constructed or performed as shown on the drawings and/or specified. 1.3 LUMP SUM ITEMS Lump sum items to be paid for at a lump sum price per job shall include all work and materials involved in the installation within the limits designated on the plans. No measurement of the work or material included in such items will be made. All work so included shall be installed, constructed or performed as shown on the drawings and specified herein. 1.4 FINAL CLEANUP The Contractor shall make a final cleanup of all parts of the work before final acceptance of the work by the school. This cleanup shall include, among other things, removing all pieces of concrete, pipe and other construction materials and in general preparing the sites of the work in an orderly manner. 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. 1.5 CONNECTIONS TO EXISTING PIPE OR FITTINGS No separate payment will be made for making connections to existing fittings or pipe other than fittings listed in the proposal. The cost of making such connections, including closing and opening of existing valves, removing the plug on the existing fitting or pipe, dewatering the trench, connecting the new pipe to the existing fitting or pipe and all other incidental work shall be included in the price proposal for the various items for which payment is provided. r 01228105 MEASUREMENT AND PAYMENT 01025 - 1 02/07 1.6 TUNNELING Where pipes, conduits, concrete curbs or curbs and gutters, sidewalk, driveways, or other obstructions are encountered, the cost of tunneling and boring under such obstructions shall be included as a part of the cost of the pipe complete in place and no extra compensation will be allowed. 1.7 MOBILIZATION/DEMOBILIZATION Mobilization/Demobilization shall include costs associated with move -in and move -out costs, related equipment and labor, bid bond, performance and construction bonds and insurance required for this project. This item also includes all costs associated with implementing the Storm Water Pollution Prevention Plan, including filing the Notice of Intent. 1.8 SURVEYING No direct compensation will be made for construction surveying. The cost of surveying shall be included as part of the cost of various items of work. 1.9 STEEL CASING IN BORE The length of steel casing in bore of the size and type to be paid for will be measured along the center lines of the casing installed. Furnishing and installing steel casing in bore of the size and type specified and shown on the drawings will be paid for at the unit price proposal per linear foot furnishing and installing the casing at the depth shown complete in place and for which compensation is not otherwise provided in other proposal items. The unit price proposal shall be full compensation for furnishing and installing casing complete in place including all relocation of utilities as shown on drawings, excavation, backfilling and any and all incidental work not otherwise included in the proposal items or otherwise provided for in the specifications. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01228105 MEASUREMENT AND PAYMENT 01025 - 2 02/07 SECTION 01040 COORDINATION AND MEETINGS PART 1- GENERAL 1.1 SECTION INCLUDES A. Coordination B. Field Engineering C. Preconstruction Conference D. Progress Meetings E. Coordination with Water Utilities 1.2 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements with provisions for accommodating items installed later. B. Verify that utility requirement characteristics of equipment and materials to be incorporated into the project are compatible. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment and materials. C. Coordinate completion and clean up of Work. 1.3 FIELD ENGINEERING A. Contractor to protect survey control and reference points. B. Control datum for survey is that shown on Drawings. C. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. 1.4 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference after Notice to Proceed. B. Attendance Required: Owner, Engineer and Contractor and major subcontractors. C. Agenda: 1. Execution of Owner -Contractor Agreement, 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of products, Schedule of Values, and progress schedule. 5. Designation of personnel representing the parties in Contract and the Engineer. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. 7. Scheduling. 8. Use of premises by Owner and Contractor. 9. Owner's requirements. 10. Construction facilities and controls provided by Owner. 11. Temporary utilities provided by Owner. r 01228105 COORDINATION AND MEETINGS 01040 - 1 02/07 1.5 12. Survey layout. 13. Security and housekeeping procedures. 14. Schedules. 15. Procedures for testing. 16. Procedures for maintaining record documents. 17. Requirements for start-up of equipment. 18. Inspection and acceptance of equipment put into service during construction period. PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work as needed. B. Engineer to make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within one week to Engineer, participants, and those affected by decisions made. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. 1.6 COORDINATION WITH OWNERS OF EXISTING UTILITIES A. The Contractor is responsible for notifying all owners of utilities that are to be crossed or otherwise exposed during construction no less than seven days prior to uncovering the utility. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Beginning new work means acceptance of existing conditions. END OF SECTION 01228105 COORDINATION AND MEETINGS 01040 - 2 02/07 SECTION 01090 REFERENCE STANDARDS PART1-GENERAL 1.1 SECTION INCLUDES A. Quality assurance. B. Schedule of references. 1.2 RELATED SECTIONS A. General Conditions. 1.3 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date for receiving proposals. C. Obtain copies of standards when required by Contract Documents. D. Should specified reference standards conflict with Contract Documents, request clarification from Engineer before proceeding. E. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.4 SCHEDULE OF REFERENCES AA Aluminum Association 818 Connecticut Avenue, N.W. Washington, DC 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, N.W. Washington, DC 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI American Concrete Institute Box 19150, Reford Station Detroit, MI 48219 ADC Air Diffusion Council 230 North Michigan Avenue Chicago, IL 60601 01228105 REFERENCE STANDARDS 01090 - 1 02/07 1- AGA American Gas Association 1515 Wilson Blvd. Arlington, VA 22209 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 AGMA American Gear Manufacturers Association 1500 King Street, Suite 201 Alexandria, VA 22314 Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 A.I.A. American Institute of Architects 1735 New York Avenue, N.W. Washington, DC 20006 AISC American Institute of Steel Construction 400 North Michigan Avenue Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights, IL 60004 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 APA American Plywood Association Box 11700 Tacoma, WA 98411 ARI Air -Conditioning and Refrigeration Institute 1501 Wilson Boulevard Arlington, VA 22209 ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers 1791 Tullie Circle, N.E. Atlanta, GA 30329 01228105 REFERENCE STANDARDS 01090 - 2 02/07 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington, VA 22206 AWPA American Wood -Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society 550 LeJeune Road, N.W. Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 BHMA Builders' Hardware Manufacturer Association 60 East 42nd Street, Room 511 New York, NY 10165 BIA Brick Institute of America 11490 Commerce Park Drive Reston, VA 22091 CDA Copper Development Association 57th Floor, Chrysler Building 405 Lexington Avenue New York, NY 10174 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CPSC Consumer Product Safety Commission I I I I Eighteenth Street, NW Washington, DC 20207 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60195 01228105 REFERENCE STANDARDS 01090 - 3 02/07 DHI Door and Hardware Institute 7711 Old Springhouse Road McLean, VA 22102 EJCDC Engineers' Joint Contract Documents Committee American Consulting Engineers Council 1015 15th Street, N.W. Washington, DC 20005 EJMA Expansion Joint Manufacturers Association 25 North Broadway Tarrytown, NY 10591 FGMA Flat Glass Marketing Association 3310 Harrison White Lakes Professional Building Topeka, KS 66611 FM Factory Mutual System 1151 Boston -Providence Turnpike P.O. Box 688 Norwood, MA 02062 FS Federal Specification General Services Administration Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, DC 20407 GA Gypsum Association 1603 Orrington Avenue Evanston, IL 60201 ICBO International Conference of Building Officials 5360 S. Workman Mill Road Whittier, CA 90601 IEEE Institute of Electrical and Electronics Engineers 345 East 47th Street New York, NY 10017 IES Illumination Engineering Society of North America 345 East 47th Street New York, NY 10017 IMIAC International Masonry Industry All -Weather Council International Masonry Institute 815 15th Street, N.W. Washington, DC 20005 01228105 REFERENCE STANDARDS 01090 - 4 02/07 MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 ML/SFA Metal Lath/Steel Framing Association 221 North LaSalle Street Chicago, IL 60601 NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601 NBS National Bureau of Standards (U.S. Department of Commerce) Gaithersburg, MD 20234 NCMA National Concrete Masonry Association P.O. Box 781 Herndon, VA 22070 NEBB National Environmental Balancing Bureau 8224 Old Courthouse Road Vienna, VA 22180 NEC National Electrical Code (by NFPA) NECA National Electrical Contractors Association 7315 Wisconsin Avenue Bethesda, MD 20814 NEMA National Electrical Manufacturers Association 2101 U Street, N.W. Washington, DC 20037 NFPA National Fire Protection Association Battery March Park Quincy, MA 02269 NFPA National Forest Products Association 1619 Massachusetts Avenue, N.W. Washington, DC 20036 NPCA National Paint and Coating Association 1500 Rhode Island Avenue N.W. Washington, D.C. 20005 01228105 REFERENCE STANDARDS 01090 - 5 02/07 NRCA National Roofing Contractors Association 8600 Bryn Mawr Avenue Chicago, IL 60631 NSF National Sanitation Foundation 3475 Plymouth Road P.O. Box 1468 Ann Arbor, MI 47106 NSWMA National Solid Wastes Management Association 1730 Rhode Island Ave., N.W. Washington, DC 20036 NWMA National Woodwork Manufacturers Association 205 W. Touhy Avenue Park Ridge, IL 60068 OSHA Occupational Safety and Health Administration (U.S. Department of Labor) Government Printing Office Washington, D.C. 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077 PS Product Standard U. S. Department of Commerce Washington, DC 20203 RIS Redwood Inspection Service One Lombard Street San Francisco, CA 94111 RMA Rubber Manufacturer's Association 1400 K Street, N.W. Washington, D.C. 20005 SDI Steel Deck Institute P.O. Box 9506 Canton, OH 44711 S.D.I. Steel Door Institute 712 Lakewood Center North 14600 Detroit Avenue Cleveland, OH 44107 SGCC Safety Glazing Certification Council Route 11, Industrial Park Cortland, NY 13045 01228105 REFERENCE STANDARDS 01090 - 6 02/07 SIGMA Sealed Insulating Glass Manufacturers Association I I I East Wacker Drive Chicago, IL 60601 SJI Steel Joist Institute 1205 48th Avenue North, Suite A Myrtle Beach, SC 29577 SMACNA Sheet Metal and Air Conditioning Contractors' National Association 8224 Old Court House Road Vienna, VA 22180 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TCA Tile Council of America, Inc. Box 326 Princeton, NJ 08540 UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 WCLIB West Coast Lumber Inspection Bureau 6980 S.W. Vams Road Box 23145 Portland, OR 97223 WRI Wire Reinforcement Institute 8361 A Greensboro Drive McLean, VA 22102 WWPA Western Wood Products Association 1500 Yeon Building Portland, OR 97204 W.W.P.A. Woven Wire Products Association 2515 N. Nordica Avenue Chicago, IL 60635 PART2-PRODUCTS Not Used 01228105 REFERENCE STANDARDS 01090 - 7 02/07 PART 3 - EXECUTION Not Used END OF SECTION 01228105 REFERENCE STANDARDS 01090 - 8 02/07 SECTION 01300 SUBMITTALS PART1-GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Resubmittal requirements. C. Construction progress schedules. D. Proposed products list. E. Shop drawings. F. Product data. G. Samples. H. Manufacturers' instructions. I. Manufacturers' certificates. 1.2 RELATED SECTIONS A. General Conditions. B. Section 01019 - Contract Considerations: Schedule of Values. C. Section 01400 - Quality Control: Manufacturers' field services and reports. D. Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates and closeout submittals. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. C. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. D. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. F. Provide space for Contractor and Engineer review stamps. G. Revise and resubmit submittals as required, identify all changes made since previous submittal. H. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. I. Submit initial submittal schedule within twenty (20) days after receipt of Notice to Proceed. 01228105 SUBMITTALS 01300 - 1 02/07 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. 1.5 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date established in Notice to Proceed for Engineer review. B. Revise and resubmit as required. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each section of Work, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. F. Indicate estimated percentage of completion for each item of Work at each submission. G. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates. 1.6 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.7 SHOP DRAWINGS A. Submit the number of opaque reproductions which Contractor requires, plus four copies which will be retained by Engineer. B. Drawing size shall be minimum 82 x 11 inches and maximum of 30 x 42 inches. Provide one set of reproducible sepias, to be retained by the Engineer, for drawings greater than I 1 x 17 inches. C. Draw details to a minimum scale of 12 inches equal to 1 foot. 1.8 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus four copies which will be retained by the Engineer. B. Mark each copy to identify applicable products, models, options, and other data. C. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. D. Include notation of special coordination requirements for interfacing with adjacent work. E. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 01228105 SUBMITTALS 01300 - 2 02/07 1.9 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. Submit samples of finishes from the full range of manufacturers' standard colors or in custom colors, textures, and patterns, as specified, for Engineer's selection. C. Where variations in color, pattern or texture are inherent in the material or product, submit multiple samples to indicate the approximate range or variations. D. Include full Project information and identification of manufacturer, model number, type, style and color on each sample. E. Submit the number or samples specified in individual specification Sections; one of which will be retained by Engineer. F. Reviewed samples which may be used in the Work are indicated in individual specification Sections. 1.10 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and fmishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.11 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 1 01228105 SUBMITTALS 01300 - 3 02/07 SECTION 01400 QUALITY CONTROL PART 1 - GENERAL 1.1 SECTION INCLUDES A. Quality assurance and control of installation. B. Inspection and testing laboratory services. C. Manufacturers' field services and reports. 1.2 RELATED SECTIONS A. General Conditions. B. Section 01300 - Submittals: Submission of Manufacturers' Instructions and Certificates. C. Section 01600 - Material and Equipment: Requirements for material and product quality. 1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. 1.4 INSPECTION AND TESTING LABORATORY SERVICES A. Owner will appoint, employ, and pay for services of an independent firm to perform inspection and testing. B. The independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the Engineer. C. Reports will be submitted by the independent firm to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage and assistance as requested. 1. Notify Engineer and independent firm 48 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. 01228105 QUALITY CONTROL 01400 - 1 02/07 E. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. Payment for retesting will be charged to the Contractor by deducting inspection or testing charges from the Contract Sum/Price. 1.5 MANUFACTURERS' FIELD SERVICES AND REPORTS A. Submit qualifications of observer to Engineer 30 days in advance of required observations. Observer subject to approval of Engineer. B. When specified in individual specification Sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance of equipment as applicable, and to initiate instructions when necessary. C. Individuals to report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. D. Submit report in triplicate within 30 days of observation to Engineer for review. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01228105 QUALITY CONTROL 01400 - 2 02/07 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART1-GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, ventilation, telephone service, water, and sanitary facilities. B. Temporary Controls: Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities: Access roads, parking, progress cleaning, project signage, and temporary buildings. 1.2 RELATED SECTIONS A. General Conditions. B. Section 01700 - Contract Closeout: Final cleaning. 1.3 TEMPORARY ELECTRICITY A. Provide temporary electric feeder from the existing electrical service as required. B. Owner will pay cost of energy used. Exercise measures to conserve energy. C. Power Service Characteristics: 460 volt, three phase. D. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required by Contractor's operations. Provide flexible power cords as required. E. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electrical Code. F. Permanent convenience receptacles may be utilized during construction. G. Provide adequate distribution equipment, wiring, and outlets to provide single phase branch circuits for power and lighting. 1. Provide 20 ampere duplex outlets, single phase circuits for power tools for every 2000 sq ft of active work area and at specific locations as required. 2. Provide 20 ampere, single phase branch circuits for lighting. 1.4 TEMPORARY VENTILATION A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 1.5 TEMPORARY WATER SERVICE A. Contractor shall be responsible for transporting water for construction purposes and potable water for construction personnel. Owner will provide water from a source close to the work site. 1.6 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. B. Maintain daily in clean and sanitary condition. 01228105 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 1 02/07 1.7 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide protection for plant life designated to remain. Replace damaged plant life. C. Protect non -owned vehicular traffic, stored materials, site and structures from damage. D. Provide any barriers required by TxDOT along work areas. 1.8 FENCING A. Construction: Commercial grade chain link fence with 3 strands of barbed wire. B. Provide 6 feet high fence around construction site; equip with vehicular and pedestrian gates with locks. 1.9 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. 1.10 EXTERIOR ENCLOSURES A. Provide temporary insulated weather -tight closure to acconunodate protection for Products. 1.11 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. 1.12 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.13 ACCESS ROADS A. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. B. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Designated existing on -site roads maybe used for construction traffic. 01228105 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 2 02/07 1.14 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. 1.15 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities and materials as soon as permanent facilities can be utilized. B. Remove underground installations to a minimum depth of 2 feet. Grade site as indicated. C. Clean and repair damage caused by installation or use of temporary work. j D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01228105 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 3 02/07 SECTION 01600 MATERIAL AND EQUIPMENT PART 1-GENERAL 1.1 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. E. Substitutions. 1.2 RELATED SECTIONS A. General Conditions. B. Information to Offerers: Product options and substitution procedures. C. Section 01400 - Quality Control: Product quality monitoring. 1.3 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, coiweving and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction process. B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 01228105 MATERIAL AND EQUIPMENT 01600 - 1 i 02/07 3. Provide off -site storage and protection when site does not permit on -site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent mixing with foreign matter. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. 7. Arrange storage of products to permit access for inspection in a local warehouse. Periodically inspect to assure products are undamaged and are maintained under specified conditions. 8. Materials, products and equipment may be stored off site in a bonded and insured local warehouse approved by the Engineer and Owner. Pay all costs incurred for off -site storage facilities. Products properly stored in off -site storage facilities may be included in progress pay requests with written approval of the Owner. C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.5 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. 1.6 SUBSTITUTIONS A. For bidding purposes as provided in "Information to Offerers". B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A request constitutes a representation that the Offerer: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the Substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse Owner for review or redesign services associated with re -approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. 01228105 MATERIAL AND EQUIPMENT 01600 - 2 —' 02/07 F. Substitution Submittal Procedure: 1. Submit four copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. 3. The Engineer will notify Contractor, in writing, of decision to accept or reject request. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01228105 MATERIAL AND EQUIPMENT 01600 - 3 02/07 SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. G. Spare parts and maintenance materials. 1.2 RELATED SECTIONS A. General Conditions. B. Section 01500 - Construction Facilities: Progress cleaning. C. Section 01650 - Starting of Systems: System start-up, testing, adjusting, and balancing. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. C. Repair, patch and touch-up marred surfaces to match adjacent finishes. 1.5 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 01228105 CONTRACT CLOSEOUT 01700 - 1 02/07 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 3. Field changes of dimension and detail. 4. Details not on original Contract Drawings. 5. Changes made by addenda and modification. F. Submit documents to Engineer with claim for final Application for Payment. 1.7 OPERATION AND MAINTENANCE DATA A. Submit one copy 15 days prior to final inspection, bound in 82 x 11 inch text pages, three D ring binders with durable plastic covers. B. This copy will be returned after final inspection, with Engineer comments. Review content of documents as required prior to final submittal. Retainage will not be released until final operation and maintenance manuals are approved. C. Submit four final volumes revised within ten days after final inspection. D. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. E. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. F. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, type on 24 pound white paper. G. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. H. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Maintenance instructions for equipment and systems. 5. Maintenance instructions for finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. 1. Part 3: Project documents and certificates, including the following: 1. Shop drawings and product data. 2. Certificates. 3. Photocopies of warranties and bonds. r 01228105 CONTRACT CLOSEOUT 01700 - 2 02/07 1.8 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to project site and place in location as directed; obtain receipt prior to final payment. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01228105 CONTRACT CLOSEOUT 01700 - 3 02/07 SECTION 02050 REMOVAL, DEMOLITION AND SALVAGE PART1-GENERAL 1.1 SECTION INCLUDES A. Demolition of designated structures and removal of materials from site. B. Demolition and removal of foundations and slabs -on -grade. C. Disconnecting and capping of identified utilities. 1.2 RELATED SECTIONS A. Section 01039 - Coordination and Meetings B. Section 01500 - Construction Facilities and Temporary Controls: Barriers, fences and landscape protection. Dust control. C. Section 01600 - Material and Equipment. D. Section 01700 - Contract Closeout: Project record documents. 1.3 JOINT INSPECTION A. Prior to demolition, a joint inspection by the Owner, Engineer and Contractor will be made to determine condition of existing structures adjacent to items being demolished. Adjacent structures damaged by demolition operations must be restored satisfactorily at no expense to the Owner. 1.4 PROJECT RECORD DOCUMENTS A. Submit under provisions of Section 01700. B. Accurately record actual locations of capped utilities and subsurface obstructions. 1.5 QUALIFICATIONS A. Experience in performing the Work of this Section. 1.6 DISPOSITION OF MATERIALS AND EQUIPMENT A C. Ownership of Material and Equipment 1. Certain materials and equipment may be designated for reuse or salvage and will remain the Owner's property. If the designated items are damaged during demolition, handling or storage, the items must be restored satisfactorily at no expense to the Owner. 2. Materials and equipment not designated for reuse or salvage become the Contractor's property. Disposal. All materials and equipment not designated for reuse or salvage shall be disposed of by the Contractor at no expense to the Owner. Reuse. Other items may be designated for reuse as directed by the Owner's Representative. 01228105 REMOVAL, DEMOLITION AND SALVAGE 02050 - 1 j 02/07 1.7 REGULATORY REQUIREMENTS A. Conform to applicable code for demolition of structures, safety of adjacent structures, dust control, runoff control and disposal. B. Obtain required permits from authorities. C. Notify affected utility companies before starting work and comply with their requirements. D. Do not close or obstruct roadways, sidewalks or hydrants without permits. E. Conform to applicable regulatory procedures when discovering hazardous or contaminated materials. 1.8 SCHEDULING A. Schedule work under the provisions of Section 01300. B. Schedule Work to coincide with new construction. C. Describe demolition removal procedures and schedule. PART2-PRODUCTS Not Used. PART 3 - EXECUTION 3.1 PREPARATION A. Provide, erect, and maintain temporary barriers and security devices. B. Protect existing landscaping materials, appurtenances and structures which are not to be demolished. C. Prevent movement or settlement of adjacent structures. Provide bracing and shoring. D. Mark location of utilities. 3.2 PROTECTION OF PERSONS AND PROPERTY A. The Contractor is responsible for providing protection of persons and property, including safe working conditions throughout work progress. B. Minimize the spread of dust and flying particles. Execute demolition in a manner to prevent damage from falling debris or other sources to Owner's property or adjacent property. C. Do not interfere with use of adjacent structures; maintain free and safe access at all times. Guard against movement or settlement of adjacent structures. The Contractor is responsible for safety and integrity of adjacent structures and, consequently, is liable for any movement or settlement and any resulting injuries or damage. Provide proper bracing and shoring necessary for support. If safety of adjacent buildings appears to be endangered, cease operations. Do not resume demolition until proper protective measures have been taken. 01228105 REMOVAL, DEMOLITION AND SALVAGE 02050 - 2 02/07 3.3 3.4 3.5 3.6 3.7 DEMOLITION REQUIREMENTS A. Conduct demolition to minimize interference with adjacent structures. B. Cease operations immediately if adjacent structures appear to be in danger. Notify Engineer. Do not resume operations until directed. C. Conduct operations with minimum interference to public or private accesses. Maintain protected egress and access at all times. D. Obtain written permission from adjacent property owners when demolition equipment will traverse, infringe upon or limit access to their property. E. Sprinkle Work with water to minimize dust. Provide hoses and water connections for this purpose. BLASTING A. Blasting is not permitted on this project. FIRES A. Fires are not permitted on this project. UTILITY SERVICES A. Disconnecting Seal abandoned storm or sanitary sewers with concrete or by another approved method. B. Interruption When temporary interruption of utility service to an occupied building is required by the work, properly coordinate the outage to prevent untimely or damaging interruptions. DEMOLITION A. Disconnect, remove and cap designated utilities within demolition areas. B. Remove foundation walls and footings to a minimum of four feet below finished grade 10 feet beyond area of new construction. C. Remove concrete slabs on grade. D. Remove materials to be re -installed or retained in manner to prevent damage. Store and protect in accordance with requirements of Section 01600. E. Rough grade and compact areas affected by demolition to maintain site grades and contours. F. Remove demolished materials from site. G. Do not burn or bury materials on site. Leave site in clean condition. H. Remove all temporary work. 3.8 GENERAL WORK ITEMS A. Contractor may use equipment and materials necessary to properly complete the demolition. Operational procedures are at the Contractor's option but must not interfere with the execution of other work. Materials or equipment designated for reuse or salvage shall be carefully removed, transported and stored in approved storage areas. B. Structures. Remove structures entirely, including footings, contents, attachments and improvements. Carefully remove and lower structural steel. 01228105 REMOVAL, DEMOLITION AND SALVAGE 02050 - 3 02/07 3.9 C. Removing and Replacing Concrete. Use these procedures where existing concrete must be removed to facilitate operations but will be replaced subsequently. 1. Make initial cut with a concrete saw exercising care to avoid cutting reinforcement. 2. After removing concrete, cut cross bars at center of breakout and bend back. 3. Before replacing concrete, bend bars back to the original position and provide a splice bar for each cut bar. Splice bars must be the size of cut bars and of a length to lap each cut end a minimum of 20 diameters of the bar, unless restricted by the job conditions. 4. Immediately before placing new concrete, thoroughly clean old concrete and apply a heavy coat of bonding agent. 5. Replace concrete as specified in Division 3 - Concrete. D. Backfill 1. Backfill holes or other hazardous openings resulting from demolition with an approved material to the density of adjacent soil as specified in the section describing Earthwork. 2. Backfilling with rubbish or burying on the site is not permitted. E. Cleaning. Keep the work areas free of accumulated debris. Materials and equipment that are not for reuse of salvage must be removed from the site daily, unless otherwise approved. MECHANICAL WORK ITEMS A. Remove existing mechanical work items to the extent necessary to accommodate new work. 3.10 ELECTRICAL WORK ITEMS A. Unless otherwise noted, remove all electrical materials and equipment from areas indicated for demolition and from site. B. Remove existing conduit to the extent necessary to accommodate new work or to a minimum of 5 feet beyond area indicated for demolition, whichever is greater. C. Remove all wiring from abandoned conduit. D. Seal abandoned conduits. E. Existing electrical services and controls to items being removed must be disconnected. 3.11 SCHEDULES A. No salvage material or equipment shall be reused on the project unless specifically provided for in the Specifications or so noted on the drawings. END OF SECTION 01228105 REMOVAL, DEMOLITION AND SALVAGE 02050 - 4 02/07 SECTION 02222 EXCAVATING PART1-GENERAL 1.1 SECTION INCLUDES A. Excavating for site structures. 1.2 RELATED SECTIONS A. Section 01019 - Contract Considerations. B. Section 01400 - Quality Control: Inspection of bearing surfaces. C. Section 01500 - Construction Facilities and Temporary Controls: Dewatering of excavations and water control. D. Section 02223 - Backfilling. 1.3 FIELD MEASUREMENTS A. Verify that survey bench mark and intended elevations for the Work are as indicated. PART2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 PREPARATION A. Identify required lines, levels, contours, and datum locations. B. Locate, identify, and protect utilities that remain from damage. C. Notify utility company to locate utilities. D. Protect plant life, lawns, and other features remaining as a portion of final landscaping. E. Protect bench marks, survey control points, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. 3.2 EXCAVATING A. Underpin adjacent structures which may be damaged by excavating work. B. Excavate subsoil to accommodate construction operations. C. Compact disturbed load bearing soil in direct contact with foundations to original bearing capacity; perform compaction in accordance with Section 02223. D. Slope banks with machine to angle of repose or less until shored. E. Grade top perimeter of excavating to prevent surface water from draining into excavation. F. Hand trim excavation. Remove loose matter. G. Remove lumped subsoil, boulders, and rock. 01228105 EXCAVATING 02222 - 1 02/07 H. Notify Engineer of unexpected subsurface conditions and discontinue affected Work in area until notified to resume work. I. Correct areas over excavated in accordance with Section 02223. J. Stockpile excavated material in area designated. 3.3 FIELD QUALITY CONTROL A. Section 01400 - Quality Assurance: Field inspection and testing. B. Provide for visual inspection of bearing surfaces. 3.4 PROTECTION A. Prevent displacement or loose soil from falling into excavation; maintain soil stability. B. Protect bottom of excavations and soil adjacent to and beneath foundation from freezing. END OF SECTION 01228105 EXCAVATING 02222 - 2 02/07 SECTION 02223 BACKFILLING PART 1 - GENERAL 1.1 SECTION INCLUDES A. Foundation perimeter and site structure backfilling to subgrade elevations. B. Site filling and backfilling. C. Fill under slabs -on -grade and paving. D. Consolidation and compaction. E. Fill for over -excavation. 1.2 RELATED SECTIONS A. Section 01400 - Quality Control: Testing fill compaction. B. Section 02222 - Excavating. C. Section 03300 - Cast -in -Place Concrete: Concrete materials. D. Geotechnical Soils Investigation report. 1.3 REFERENCES A. ANSUASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. B. ANS1 ASTM D699 - Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures, Using 5.5 lb Rammer and 12 inch Drop. C. ANSUASTM D1556 - Test Method for Density of Soil in Place by the Sand -Cone Method. D. ANSUASTM D 1557 - Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures Using 10 lb Rammer and 18 inch Drop. 1.4 SUBMITTALS A. Submit under provisions of Section 01300. PART 2 - PRODUCTS 2.1 FILL MATERIALS A. Type A - Structural Fill - Types GW, GM, GC, GP, SW, SP, SM with a PI between 5 and 12 and free of organic materials and rocks, lumps or other items larger than 2 inches. B. Type B - Ordinary Fill - Types GW, GM, GC, SW, SP, SM, SS, CL or CH with a PI between 5 and 18 and free of organic materials and rocks, lumps or other items larger than 2 inches. C. Type C - Sand - Natural river or bank sand; free of silt, clay, loam, friable or soluble materials, or organic matter; graded in accordance with ANSUASTM C136. D. Concrete: Structural concrete conforming to Section 03300 except with a compressive strength of 2500 psi and a minimum cement ratio of 4 sacks/yard. 01228105 BACKFILLING 02223 - 1 02/07 PART 3 - EXECUTION 3.1 EXAMINATION A. Verify fill materials to be reused are acceptable. 3.2 PREPARATION A. Generally, compact subgrade to density requirements for subsequent backfill materials. B. Cut out soft areas of subgrade not capable of insitu compaction. Backfill with Type B fill and compact to density equal to or greater than requirements for subsequent backfill material. C. Prior to placement of aggregate base course material at paved areas, compact subsoil to 95 percent of its maximum dry density in accordance with ANSUASTM D698. 3.3 BACKFILLING A. Backfill areas to contours and elevations with unfrozen materials. B. Systematically backfill to allow maximum time for natural settlement. Do not backfill over porous, wet, frozen or spongy subgrade surfaces. C. Type A and B Fill: Place and compact materials in continuous layers not exceeding 8 inches compacted depth. D. Type C Fill: Place and compact material in continuous layers not exceeding 4 inches compacted depth. E. Employ a placement method that does not disturb or damage utilities in trenches. F. Maintain optimum moisture content of backfill materials to attain required compaction density. G. Backfill against supported foundation walls. Do not backfill against unsupported foundation walls except for cantilevered retaining walls. H. Backfill simultaneously on each side of unsupported foundation walls. I. Slope grade away from building minimum 2 inches in 10 ft, unless noted otherwise. J. Make grade changes gradual. Blend slope into level areas. K. Spread surplus backfill materials in designated areas. L. Leave fill material stockpile areas completely free of excess fill materials. 3.4 TOLERANCES A. Top Surface of Backfilling: Plus or minus one inch from required elevations. 3.5 FIELD QUALITY CONTROL i A. Field inspection and testing will be performed under provisions of Section 01400. B. Tests and analysis of fill material will be performed in accordance with ANSUASTM D698 or D 1557 and with Section 01400. C. Compaction testing will be performed in accordance with ANSUASTM D698 and with Section 01400. D. If tests indicate Work does not meet specified requirements, remove Work, replace and retest at J no cost to Owner. E. Frequency of Tests: 1 test for each 25 cubic yards of volume to be backfilled. F i F. Proof roll compacted fill surfaces under slabs -on -grade and paving. 01228105 BACKFILLING 02223 - 2 02/07 3.6 3.7 PROTECTION OF FINISHED WORK A. Protect finished Work under provisions of Section 0 15 00. B. Recompact fills subjected to vehicular traffic. SCHEDULE A. Interior Slab -On -Grade: 1. Type A fill, compacted to 95 percent. 2. Cover with Type C fill, 2 inches thick, compacted to 95 percent. B. Exterior Side of Foundation Walls: 1. Type B fill, to subgrade elevation, each lift, compacted to 90 percent. C. Fill Under Grass Areas: 1. Type B fill, to 6 inches below finish grade, compacted to 85 percent. D. Fill to Correct Over -excavation: 1. Type D fill, flush to required elevation. E. Fill Over Excavation of Material: 1. Type A fill, to 8 inches below finish grade, compacted to 95 percent. F. Beneath Lift Station, wet well and manholes 1. Type C 6 inches from bottom of Lift Station and valve vault. G. Backfill around Lift Station, wet well and manholes 1. Type B fill, to 8 inches below finish grade, compacted to 95 percent. END OF SECTION 01228105 BACKFILLING 02223 - 3 02/07 SECTION 02665 PIPING, VALVES AND FITTINGS PART 1 - GENERAL 1.1 WORK INCLUDED This section of the specifications covers all water piping, valves, and fittings required for the project. The term piping as used herein shall include all piping, valves, fittings and accessories as shown on the plans and/or as specified herein. 1.2 RELATED SECTIONS A. General Conditions B. Supplementary Conditions C. Section 01040, Coordination and Meetings D. Section 01330, Submittals 1.3 MATERIAL SCHEDULE All water lines shall be C905 DR18 PVC or C900 DR 18 as appropriate for the sizes identified in the plans. Miscellaneous piping shall be furnished and installed as indicated on the drawings. 1.4 SUBMITTALS Submit all manufactures data for all pipe, valves and fitting including all pipe thickness class calculations. PART2-PRODUCTS 2.1 PVC PIPE PVC pipe shall be approved by the national Sanitation Foundation (NSF) for use in the transportation of potable water and shall bear the NSF seal of approval. 2.2 PIPE FITTINGS A. General - Pipe fittings shall be of a type and design especially suitable for use with the type of 4Ymt piping with which they are installed. Pressure rating of fittings shall not be less than that of the pipe. Fittings shall be ductile iron and shall be mechanical joint or push -on joint unless otherwise specified or shown on the drawings. All flanged fittings shall be faced and drilled in accordance with the standard drilling for ANSI ,. B 16.1 Class 125 flanges rated for at least 250 psi working pressure. Bolts for flanged joints 01228105 PIPING, VALVES AND FITTINGS 02665 - 1 `' 02/07 shall be of the length and diameter required by the ANSI Specification. Bolts and nuts shall be of best quality mild steel and shall be provided with hexagonal heads. Suitable 1/8" thick rubber ring gaskets shall be provided for all flanged joints. B. Ductile Iron Fittings - Ductile iron fittings shall conform to AWWA C 153. In general, flanged fittings shall be used on all exposed piping and all other fittings shall be mechanical joint or push -on joint unless otherwise specified or shown on the drawings. All fittings shall have a pressure rating equal to that of the pipe with which they are used but in no case less than 150 psi. All buried ductile iron pipes shall have an asphaltic coating in conformance with AWWA- C151, and shall be cement lined in accordance with AWWA-C104. All exposed Ductile Iron Pipe shall have an exterior epoxy coating and shall be cement -lined in conformance with AWWA c104. Mechanical Joints and Push -on Joints shall conform to the requirements of AWWA CI I I unless otherwise specified. The pipe shall be of the best quality in materials and workmanship. All pipe shall be subjected to a thorough inspection at the jobsite before being installed. Any piece found to be defective shall be rejected and removed from the project. 2.3 EXTERIOR DUCTILE IRON PIPE COATING A. Surface Preparation - Solvent wipe all surfaces to remove oil, grease, or other contaminants. Measure existing surface profile of substrate. If existing profile is 1.5 mils or greater, hand or power tool clean all rusted areas per SSPC — SP2 or SSPC-SP3. If profile is less than 1.5 mils, brush-off blast entire surface per SSPC-SP7. B. Prime Coat — Tnemec Series 135 at 4.0 — 6.0 dry mils. C. Second Coat — Tnemec Series 135 at 4.0 — 6.0 dry mils. 2.4 PIPE JOINTS A. Push -on Joints - Push -on joints shall be as specified in AWWA Standard C 111. B. Mechanical Joints - Mechanical joints shall be as specified in AWWA Standard C 111. C. Flanged Joints - Flanged joints shall meet the requirements of ANSI B 16.1 (Class 125) rated for a working pressure of not less than 250 psi. Bolts shall be of the length and diameter required by the ANSI Specification for Class 125 flanges. Bolts and nuts shall be of best quality mild steel and shall be provided with hexagonal heads, except where other types of bolts are specified. Tighten bolts progressively to prevent unbalanced stress. Draw bolts tight to insure proper setting of gaskets. Suitable full face gaskets shall be used in all flanged joints. D. Miscellaneous Joints - Miscellaneous types of joints shall be made as specified in other paragraphs or as recommended by the manufacturer. All joints shall be made using materials and methods as required to produce joints that will function satisfactorily under the various conditions encountered. 01228105 PIPING, VALVES AND FITTINGS 02665 - 2 02/07 2.5 VALVES A. General - Valves shall be gate valves unless otherwise noted on the plans or specified herein. All valves shall be designed for a working pressure of at least 150 psi unless otherwise noted. B. Gate Valves - All gate valves shall be resilient seat, iron body, bronze mounted throughout and shall meet all requirements of AWWA C 509. The valves shall be of the type of joint used in the piping. All valves shall open by turning to the left, and unless otherwise specified, shall have non -rising stem when buried and outside screw and yoke when exposed, and be furnished with a two-inch operating nut when valves are buried and shall be furnished with hand wheels when exposed. Gate valves shall be furnished with O-ring stem packing and shall be Mueller 2360 Series. 1. Check Valves — shall be surgemaster swing check valves series #7200 as manufactured by Val-Matic Valve and Manufacturing Corporation, Elmhurst, IL USA, unless otherwise shown on the plans. 2. The Check Valve shall be of the full body type, with a domed access cover and only two moving parts, the flexible disc and the disc accelerator. 3. The valves shall be designed, manufactured and tested in accordance with American Water Works Association Standards ANSUAWWA C508. 4. Valves shall be provided with flanges in accordance with ANSI B16.1, Class 125. 5. The valve body shall be full flow equal to nominal pipe diameter at all points through the valve. The valve shall be capable of passing a 3 in. (75mm) sphere. The seating surface shall be on a 45 degree angle to minimize disc travel. A threaded port with pipe plug shall be provided on the bottom of the valve to allow for field installation of a backflow actuator, air cushion or hydraulic cushion without special tools or removing the valve from the line. 6. The top access port shall be full size, allowing removal of the disc without removing the valve from the line. The access cover shall be domed in shape to provide flushing action over the disc for operating in lines containing high solids content. A threaded port with pipe plug shall be provided in the access cover to allow for field installation of a mechanical, disc position indicator. 7. The disc shall be of one-piece construction, precision molded with an integral o-ring type sealing surface, and contain alloy steel and nylon reinforcement in the flexible hing area. The flex portion of the disc shall be warranted for twenty-five years. Non -slam closing characteristics shall be provided through a short 35 degree disc stroke and a disc accelerator. 8. The disc accelerator shall be of one piece construction and provide rapid closure of the valve in high head applications. The disc accelerator shall be enclosed within the valve and shall be field adjustable and replaceable without removal of the valve from the line. The disc accelerator shall be securely held in place by being captured between the cover and disc. It shall be formed with a large radius to allow smooth movement over the disc surface. 9. The valve disc shall be cycle tested 1,000,000 times in accordance with ANSI/AWWA and show no signs of wear, cracking, or distortion to the valve disc or seat and shall remain drop tight at both high and low pressures. The test results shall be independently certified. 10. The valve body and cover shall be constructed of ASTM A536 Grade 65-45-12 ductile iron. 11. The disc shall be precision molded Buna-N (NBR), ASTM 132000-13G. 12. The disc accelerator shall be type 302 stainless steel. 01228105 PIPING, VALVES AND FITTINGS 02665 - 3 02/07 13. The manufacturer shall demonstrate a minimum of five (5) years experience in the manufacture of resilient, flexible disc check valves with air and hydraulic cushions. 14. All valves shall be hydrostatically tested and seat tested to demonstrate zero leakage. When requested the manufacturer shall provide test certificates, dimensional drawings, parts list drawings, and operation and maintenance manuals. 15. The exterior and interior of the valve shall be coated with an ANSI/NSF 61 approved fusion bonded epoxy coating. 16. Surgebuster Swing Check Valves shall be Series #7200 as manufactured by Val-Matic® Valve & Manufacturing Corporation, Elmhurst, IL. USA. C. Valve Boxes and Extension Stems - Extension stems shall be famished on buried valves where the top of the operating nut is more than 36-inches below finished grade. Top of the extension stem shall not be more than 9-inches below the top of the valve box. D. Reduced Pressure Zone (RPZ) valves shall be a 4" Watts 909 NRS or approved equal. The RPZ valve shall be installed in a heated "Hot Box" as manufactured by Hot Box, Jacksonville, Florida or approved equal. Buried valves shall be provided with cast iron valve boxes. The boxes shall be designed to fit over a section of 6-inch C900 PVC riser pipe which will be used as an extension from the top of the valve to within 8-inches of the ground surface. The box shall have a heavy cast iron cover. The box shall have a flange type base, with the base being approximately 4 inches larger in diameter than the outside diameter of the barrel of the box. The necessary length of 6-inch C900 PVC riser pipe required for the extension shall be considered as a part of the box. All valve boxes will have a 2'x 2'x 4" concrete collar paved around each box as shown on the plans. 2.6 TAPPING SLEEVES Tapping sleeves shall be stainless steel as manufactured by Mueller or M&H and shall be NSF approved and shall be rated for minimum working pressure of 150 psi. 2.7 POLYETHYLENE WRAP All buried valves and iron fittings shall be thoroughly wrapped prior to installation with a polyethelene material meeting the requirements of ASTM D 1248. The wrapping shall extend beyond the valve or fitting a minimum of 6 inches. The polyethylene material shall have a minimum thickness of 8 mil. The wrap shall be secured by 2" duct type. PART 3 - EXECUTION 3.1 GENERAL All pipe and accessories shall be unloaded, handled, laid, jointed, tested for defects and for leakage and disinfected in the manner herein specified. 01228105 PIPING, VALVES AND FITTINGS 02665 - 4 02/07 3.2 INSPECTION The pipe, fittings, valves, and accessories shall be inspected upon delivery and during the progress of the work and any material found to be defective will be rejected by the Engineer, and the Contractor shall remove such defective material from the site of the work. 3.3 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 defective in manufacture or has become damaged in handling after delivery. 3.4 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 of the work by the Contractor. In loading and unloading, they shall be lifted by hoists or slid, or rolled on skidways in such a manner as to avoid shock or damage to the materials. Under no circumstances shall they be dropped. Pipe handled on skidways must not be skidded or rolled against pipe already on the ground. ..e The pipe, fittings and accessories shall be placed along the site in such a manner as to be kept as free as possible from dirt, sand, mud and other foreign matter. 3.5 ALIGNMENT AND GRADE All pipe shall be laid and maintained to the lines and grades shown on the plans or as established on the ground by the Engineer. Wherever it is necessary to deflect pipe from a straight line either in a vertical or horizontal plane to avoid obstructions, to plumb valves, or where vertical 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 type of pipe being laid and the degree of deflection shall be approved by the Engineer. 3.6 MANNER OF HANDLING PIPE AND ACCESSORIES 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. All pipe, fittings, and valves shall be carefully lowered into the trench piece by piece by means of derricks, ropes, or other suitable tools or equipment, in such a manner so as to prevent damage to the material in any way. Under no circumstances shall pipe or accessories be dropped or dumped in to the trench. 3.7 CLEANING AND INSPECTING Before lowering into the trench, the pipe shall be again inspected for defects and the pipe, while yd suspended, shall be lightly hammered to detect cracks. Any defective, damaged or unsound pipe and materials shall be rejected. 01228105 PIPING, VALVES AND FITTINGS 02665 - 5 02/07 t All foreign matter or dirt shall be removed from the inside of the pipe and from all bells, spigots or parts 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. At time when pipe laying is not in progress, the open ends of pipe shall be closed by approved means, and no trench water shall be allowed to enter the pipe. 3.8 LAYING AND JOINTING, PVC C900/C905 A. General - Unless otherwise directed, pipe shall be laid with bells facing in direction of laying; and for lines on appreciable slopes, bells shall, at the discretion of the Engineer, face up grade. Cutting of pipe for inserting valves, fittings or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or the cement lining. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench overnight. 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. No pipe shall be laid in water, or when the trench conditions or weather are unsuitable for such work, except by permission of the Engineer. Flanged joints shall be used where shown on the plans. Mechanical joint, or other approved joints shall be installed with materials furnished by the manufacturer and in accordance with the manufacturer's specifications. Before laying the pipes, all lumps, blisters and excess coating shall be removed from the bell and spigot ends of each pipe; the outside of the spigot and the inside of the bell shall be wire brushed and wiped clean and dry. Pipe ends shall be kept clean until joints are made. Defective joints shall be repaired as directed by the Engineer. B. Mechanical Joint Piping - The last 8 in. outside of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned to remove oil, grit, excess coating, and other foreign matter from the joint, and then painted with lubricant recommended by the pipe manufacturer. The cast-iron gland shall then be slipped on the spigot end of the pipe with the lip extension of the gland toward the socket or bell end. The rubber gasket shall be painted with lubricant recommended by the pipe manufacturer and placed on the spigot end with the thick edge toward the gland. The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place within the bell; care shall be taken to locate the gasket evenly around the entire joint. The gland shall be moved along the pipe into position for bolting, all of the bolts inserted, and the nuts screwed up tightly with the fingers. All nuts shall be tightened with a suitable torque -limiting wrench. Nuts spaced 180 deg. apart shall be tightened alternately in order to produce an equal pressure on all parts of the gland. C. Flanged Joints - Flanged joints where used shall be bolted with Flange bolts of best quality mild steel and of the size and length required by American Standards Association; bolts and nuts shall be provided with standard hexagonal heads. Gasket rings shall be used and shall be made 01228105 PIPING, VALVES AND FITTINGS 02665 - 6 02/07 of best quality rubber composition sheet packing one -eighth (1/8) inch thick, of a brand and quality approved by the Engineer. The pipe and fittings shall be properly aligned and free to move in any direction while bolting, and the bolts shall be gradually tightened at a uniform rate around the entire flange. D. Push -On -Joints - The inside of the bell and the outside of the spigot end shall be thoroughly cleaned to remove oil, grit, excess coating, and other foreign matter. The circular rubber gasket shall be flexed inward and inserted in the gasket recess of the bell socket. A thin film of gasket lubricant shall be applied to either the inside surface of the gasket or the spigot end of the pipe or both. Gasket lubricant shall be as supplied by the pipe manufacturer. The spigot end of the pipe shall be entered into the socket with care used to keep the joint from contacting the ground. The joint shall then be completed by forcing the plain end to the bottom of the socket with a forked tool or jack -type tool or other device. Pipe that is not furnished with a depth mark shall be marked before assembly to assure that the spigot end is inserted to the full depth of the joint. Field -cut pipe lengths shall be filed or ground to resemble the spigot end of such pipe as manufactured. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench overnight. At times when pipe laying is not in progress, the open ends of the pipe shall be properly plugged. No pipe shall be laid in water, or when trench conditions or weather are unsuitable for such work. If water gets in the trench before the joint is completed, or if the pipe is disturbed from line and grade after being laid, the pipe shall be taken up, the joints cleaned and the pipe relaid. Immediately after completion of the jointing, sufficient bedding and backfill material shall be placed around and over the pipe to hold the pipe to line and grade. Premoulded joints shall be made in accordance with the recommendations of the manufacturer of the pipe. The surfaces of the jointing material on both the bell and the spigot at each joint shall be wiped with the solvent recommended by the pipe manufacturer. The spigot shall then be firmly forced into the bell using a bar or other similar lever and a block of wood to prevent damage to the pipe. 3.9 SETTING VALVES, VALVE BOXES AND FITTINGS Valves and fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. All valves buried in the ground shall have a valve box set over the valve. All valves shall be thoroughly inspected and checked for operation before installation. Concrete blocking shall be provided for all buried valves and fittings. Valve boxes shall be firmly supported and maintained centered and plumb over the wrench nut of the valve, with box cover flush with the surface of the ground or at such level as directed. All valve boxes and fire hydrants shall have a 2'x 2'x 4" concrete collar poured around each box and hydrant as shown on the plans. 01228105 PIPING, VALVES AND FITTINGS 02665 - 7 02/07 3.10 EXCAVATION AND TRENCHING The trench shall be excavated to the lines and grades as established by the Engineer and as shown on the plans. The minimum depth of cover for all pipe shall be thirty-five (35) inches unless otherwise specifically shown on the drawings. 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 outside diameter of the pipe plus eighteen (18) inches. The trenching equipment shall be maintained on a sufficiently level road bed to provide substantially vertical trench walls. The trench shall be excavated to an even grade so that the bottom of the pipe will rest on the bottom of the trench over the entire length of pipe. In order to obtain a true even grade, the trench shall be fine graded by hand. Any part of the trench excavated below grade shall be corrected by filling with approved material and compacting thoroughly. The Contractor shall be responsible for implementing a trench shoring system wherever the trench depth exceeds five (5) feet. The Contractor shall refer to Section 02151 TRENCH SAFETY for guidelines on trench shoring methods for pipelines. If ledge rock, rock fragments or other unyielding material is encountered in the bottom of the trench it shall be removed to a depth of six inches below grade, refilled with selected material, and thoroughly compacted. Bell holes of ample dimensions shall be dug at each joint to permit the jointing of pipe to be made properly, and of sufficient depth to prevent the bell of the pipe from resting on undisturbed materials. the trench shall be adequately supported as required b the Wherever necessary to prevent caving, q y pp eq y drawings and specifications. The Contractor is entirely responsible for assuring that trenches are adequately supported to protect both his workmen and the public. Trench digging machinery may be used to make the trench excavations except in places where operation of same would cause damages to pipelines, fences or other existing structures either above or below ground; in such instances hand methods shall be employed. The Contractor shall locate all existing underground lines of which he has been advised, whether or not they are shown on the drawings, sufficiently in advance of trenching operations to prevent any damage thereto. The operators of all oil or gas pipelines shall be notified prior to excavation around such lines so that these operators 4 may be present during excavation. Extensive care shall be used to prevent damage to these lines and the Contractor shall be fully responsible for damage to any such line. All excavated material shall be piled in a manner that will not endanger the work or existing structures. Excess trench excavation, not used for backfilling, shall be disposed of by Contractor, and at contractor's expense. There will be no classification of the excavated materials and the term excavation shall include all materials encountered in excavating the trenches or structural excavations. f Blasting for excavation of solid rock will not be permitted. I( 01228105 PIPING, VALVES AND FITTINGS 02665 - 8 02/07 All new and existing lines shall be properly supported to prevent settlement or damage to the line both during and after construction. 3.11 BACKFILLING A. Backfill Material - All backfill material shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rocks or stones, or other unsuitable material. From 1 foot above the top of the pipe to the existing ground, however, material containing stones up to 4-inches in their greatest dimension may be used. Selected materials from trench excavations shall be used for backfilling except where special bedding material is required. B. Backfilling Under Pipe - All pipe shall be backfilled by hand from the bottom of the trench to the centerline of the pipe with selected backfill material free from rocks or boulders greater than 2 inches in size or other unsuitable material. The material shall be placed in 3-inch layers, moistened if necessary, and thoroughly compacted under and on each side of the pipe. Backfill material shall be deposited in the trench for its full width on each side of the pipe, fitting, and appurtenances simultaneously. C. Backfilling Over Pipe - From the centerline of the pipe to a depth of 1 foot above the top of the pipe, the trench shall be backfilled by hand or by approved mechanical methods using materials free from rocks or boulders greater than 2 inches in size. The material shall be moistened and placed in lifts not exceeding 8 inches in thickness and compacted by tamping to a density of not less than 90% of maximum density at optimum moisture as determined by AASHTO Method T-180. The Contractor shall use special care in placing this portion of the backfill to insure placement under and around the pipe and to avoid injuring or moving the pipe. D. Backfilling to Grade - From 1 foot above the top of the pipe to finish grade shall be backfilled by tamping. Where tamping is required, the material shall be placed in 8-inch layers, moistened if necessary, and thoroughly compacted with mechanical tampers from the bottom of the trench to the finish grade to a density of at least 95% of maximum density at optimum moisture as determined by ASTM D 698. E. Anchorage of Bends, Tees and Plugs, Etc. - Reaction or thrust backing shall be applied to all pipe lines at all tees, plugs, caps, and bends. Concrete shall be used for backing the pipe and fittings and shall conform to the concrete specifications as set forth in the Section 03300 Cast - In -Place Concrete, except a minimum compressive strength of 2500 psi will be acceptable. The backing shall be placed between solid ground and the fittings to be anchored; the area of bearing on pipe and on the ground in each instance shall be sufficient to withstand the maximum thrust anticipated and as required by the Engineer. The backing shall be so placed that the pipe and fitting joints will be accessible for repair. 3.12 MARKING TAPE WITH TRACER WIRE A. All pipes installed in an open trench will be identified with the appropriate color and description of 3 inch wide pipe identification tape. Install the tape parallel to the pipe it identifies at a distance above the pipe of 12 to 18 inches. Install the tape detectable from the top of finished grade with a metal detector above non-metallic (PVC) pipe material. 01228105 PIPING, VALVES AND FITTINGS 02665 - 9 02/07 I.j 3.13 LINE TESTING After the pipe is laid and the joints completed, each section or run of piping, shall be tested as specified herein. The Contractor shall bear all costs of providing all equipment, materials, labor and other incidentals required to test pipe lines as specified herein. The Contractor shall provide suitable means for filling the lines and developing the required pressure in the lines. Testing procedure shall be as follows: A. Duration - The duration of the hydrostatic test shall be a minimum of four (4) hours. B. Pressure - The pipeline shall be tested so that the pressure at the lowest point in the test section is at least 100%, but not greater than 120% of the pipe pressure class of the pipe, and the minimum pressure at the highest point in the test section is not less than 85% of the pipe pressure class of the pipe. C. Allowable Leakage - The maximum allowable leakage for push -on joints is the number of gallons per hour as determined by the following formula(s): PVC: L _ NNP 7,400 where: Ductile Iron: L _ SDIP 133,200 L = Allowable leakage in gallons/per hour N = Number of joints in length of pipe tested S = Length of pipe D = Nominal diameter of the pipe in inches P = Average of the max. and min. pressures within the test section in psi Any leakage which becomes evident prior to final acceptance of the project shall be found and repaired to the satisfaction of the Engineer even though the particular line has been previously accepted and tested. 3.14 DISINFECTION OF PIPELINES The Contractor shall furnish all labor, equipment, and materials necessary for the disinfection of all pipelines, which shall be disinfected before being placed in service. The lines shall be disinfected by the application of a chlorinating agent in accordance with the requirements of AWWA C651. After disinfection has been completed and the pipe is filled with water, the City will sample the water in the pipe for bacteriological testing. If acceptable bacteriological test results are not received, the contractor shall disinfect the pipe again and provide whatever measures are necessary to achieve an acceptable result. 01228105 PIPING, VALVES AND FITTINGS 02665 - 10 02/07 3.15 CLEANUP The backfill shall be rounded up over the trench sufficiently to allow for future settlement and any excess dirt shall be removed from the site. The Contractor shall maintain the trench surfaces in a satisfactory manner until final completion and acceptance of the work. The maintenance shall include blading from time to time as necessary, filling depressions caused by settlement, and other work required to keep all areas in a presentable condition. END OF SECTION 01228105 PIPING, VALVES AND FITTINGS 02665 - 11 02/07 SECTION 02666 STEEL CASING IN BORE PART 1-GENERAL 1.1 WORK INCLUDED This section of the specifications covers all steel casing required for the project. The term casing as used herein shall include all steel casing bores as shown on the plans and/or as specified herein. 1.2 RELATED SECTIONS A. General Conditions B. Supplementary Conditions 1.3 MATERIAL SCHEDULE All steel casing pipe shall be ASTM A 139 Grade B or A 252 Grade 2. The pipe shall have a minimum yield strength of 35,000 psi, a minimum wall thickness of 0.250", and a bitimous coating in conformance with C203. 1.4 SUBMITTALS Submit all manufactures data for the steel casing including all pipe thickness class calculations. PART2-PRODUCT 2.1 STEEL PIPE A. Steel pipe shall be of the welded joint type. B. ASTM A 139 Grade B or A 252 Grade 2. 2.2 STEEL CASING IN BORE Steel casing pipe shall be new welded steel pipe, manufactured in the United States, with a minimum yield strength of 35,000 psi meeting ASTM A 139 Grade B or A 252 Grade 2. The exterior of the casing pipe shall have bitimous coating in conformance with AWWA C 203. Minimum casing wall thickness for installation shall be in accordance with the following: Location Diameter Minimum Wall Thickness Road Crossings 24" 0.250" 14" 0.250" 12" 0.250" Additional wall thickness needed for withstanding jacking forces may be used at the Contractor's option. 01228105 STEEL CASING IN BORE 02666 - 1 02/07 All bores shall follow all rules and regulations of the Texas Department of Transportation (TxDOT), and Lubbock County. The Contractor will be provided with boring permits for the highway. The boring permits must be kept onsite at all times. All traffic must be controlled by required methods. PART 3 - EXECUTION 3.1 PIPE INSTALLATION General: All pipe and accessories shall be unloaded, handled, laid, jointed, and tested for defects and disinfected in the manner herein specified. 3.2 INSPECTION The pipe shall be inspected upon delivery and during the progress of the work and any material found to be defective will be rejected by the Engineer, and the Contractor shall remove such defective material from the site of the work. 3.3 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 defective in manufacture or has become damaged in handling after delivery. 3.4 HANDLING PIPE AND ACCESSORIES All pipe shall, unless otherwise directed, be unloaded at the point of delivery, hauled to and distributed at the site of the work by the Contractor. In loading and unloading, they shall be lifted by hoists or slid, or rolled on skidways in such a manner as to avoid shock or damage to the materials. Pipe handled on skidways must not be skidded or rolled against pipe already on the ground. 3.5 ALIGNMENT AND GRADE All pipe shall be laid and maintained to the lines and grades shown on the plans or as established on the ground by the Engineer. 3.6 BORING The bore shall be excavated to the lines and grades as established by the Engineer and as shown on the plans. The minimum depth of cover for all pipe shall be thirty-six (36) inches below the F.L. of the bar ditch unless otherwise specifically shown on the drawings. All excavated material shall be piled in a manner that will not endanger the work or existing structures. Excess bore excavation, not used for backfilling, shall be disposed of by Contractor, and at Contractor's expense. T There will be no classification of the excavated materials and the term excavation shall include all materials encountered in the boring operation. 01228105 STEEL CASING IN BORE 02666 - 2 -` 02/07 3.7 CLEANUP Excess backfill shall be rounded up over the boring pits sufficiently to allow for future settlement and any excess dirt shall be removed from the site. Ditches shall be regraded as required to allow preconstruction drainage. The Contractor shall maintain the boring site in a satisfactory manner until final completion and acceptance of the work. The maintenance shall include blading from time to time as necessary, filling depressions caused by settlement, and other work required to keep all areas in a presentable condition. END OF SECTION 01228105 STEEL CASING IN BORE 02666 - 3 02/07 SECTION 03100 CONCRETE FORMWORK PART 1- GENERAL 1.1 SECTION INCLUDES A. Formwork for cast -in place concrete, with shoring, bracing and anchorage. B. Openings for other work. C. Form accessories. D. Form stripping. 1.2 PRODUCTS INSTALLED BUT NOT FURNISHED UNDER THIS SECTION A. Section 03300 - Cast -In -Place Concrete: Supply of concrete accessories for placement by this Section. 1.3 RELATED SECTIONS A. Section 03200 - Concrete Reinforcement. B. Section 03300 - Cast -in -Place Concrete. C. Section 03410 - Precast Concrete. 1.4 REFERENCES A. ACI 347 - Recommended Practice For Concrete Formwork. B. PS-1 - Construction and Industrial Plywood. 1.5 DESIGN REQUIREMENTS A. Design, engineer and construct formwork, shoring and bracing to conform to code requirements; resultant concrete to conform to required shape, line and dimension. 1.6 SUBMITTALS A. Submit under provisions of Section 01300. B. Shop Drawings: Indicate pertinent dimensions, materials, bracing, and arrangement of joints and ties. 1.7 QUALITY ASSURANCE A. Perform Work in accordance with ACI 347. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, protect and handle products to site under provisions of Section 01600. B. Store off ground in ventilated and protected manner to prevent deterioration from moisture. 01228105 CONCRETE FORMWORK 03100 - 1 02/07 1.9 COORDINATION A. Coordinate work under provisions of Section 01039. B. Coordinate this Section with other Sections ofwork which require attachment of components to formwork. C. If formwork is placed after reinforcement resulting in insufficient concrete cover over reinforcement, request instructions from Engineer before proceeding. PART2-PRODUCTS 2.1 WOOD FORM MATERIALS A. Plywood: Douglas Fir species; medium density overlaid one side grade; sound undamaged sheets with clean, true edges. B. Lumber: Douglas fir species; construction grade; with grade stamp clearly visible. 2.2 MANUFACTURERS - PREFABRICATED FORMS A. Substitutions: Under provisions of Section 01600. 2.3 FORMWORK ACCESSORIES A. Form Ties: Snap -off type, metal, fixed length, cone type, free of defects that could leave holes larger than one inch in concrete surface. B. Form Rcleasc Agcnt: Colorless mineral oil which will not stain concrete, absorb moisture, or impair natural bonding or color characteristics of coating intended for use on concrete. C. Nails, Spikes, Lag Bolts, Through Bolts, Anchorages: Sized as required, of sufficient strength and character to maintain formwork in place while placing concrete. D. Waterstops: Polyvinyl chloride, minimum 1,750 psi tensile strength, minimum 50 degrees F to plus 175 degrees F working temperature range, maximum possible lengths, ribbed profile, preformed comer sections, heat welded jointing. E. Cold Joint Waterstops: Flexible strip, bentonite waterproofing compound equal to Volcaly Waterstop-RX by American Colloid Company. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify lines, levels and centers before proceeding with formwork. Ensure that dimensions agree with Drawings. 3.2 EARTH FORMS A. Verify with Engineer prior to the use of earth forms in lieu of specified form material. B. Hand trim sides and bottom of earth forms. Remove loose soil prior to placing concrete. 01228105 CONCRETE FORMWORK 03100 - 2 02/07 3.3 ERECTION - FORMWORK A. Erect formwork, shoring and bracing to achieve design requirements, in accordance with requirements of ACI 301. B. Provide bracing to ensure stability of formwork.Shore or strengthen formwork subject to overstressing by construction loads. C. Arrange and assemble formwork to permit dismantling and stripping. Do not damage concrete during stripping. Permit removal of remaining principal shores. D. Align joints and make watertight. Keep form joints to a minimum. E. Obtain approval before framing openings in structural members which are not indicated on Drawings. F. Provide chamfer strips on external corners of beams, joists, columns and walls. 3.4 APPLICATION - FORM RELEASE AGENT A. Apply form release agent on formwork in accordance with manufacturer's recommendations. B. Apply prior to placement of reinforcing steel, anchoring devices, and embedded items. C. Do not apply form release agent where concrete surfaces will receive applied coverings which are effected by agent. Soak inside surfaces of untreated forms with clean water. Keep surfaces coated prior to placement of concrete. 3.5 INSERTS, EMBEDDED PARTS, AND OPENINGS A. Provide formed openings where required for items to be embedded in or passing through concrete work. B. Locate and set in place items which will be cast directly into concrete. C. Coordinate work of other Sections in forming and placing openings, slots, reglets, recesses, chases, sleeves, bolts, anchors, and other inserts. D. Install accessories in accordance with manufacturer's instructions, straight, level, and plumb. Ensure items are not disturbed during concrete placement. E. Install waterstops continuous without displacing reinforcement. Heat seal joints watertight. F. Provide temporary ports or openings in formwork where required to facilitate cleaning and inspection. Locate openings at bottom of forms to allow flushing water to drain. G. Close temporary openings with tight fitting panels, flush with inside face of forms, and neatly fitted so joints will not be apparent in exposed concrete surfaces. 3.6 FORM CLEANING A. Clean and remove foreign matter within forms as erection proceeds. B. Clean formed cavities of debris prior to placing concrete. C. Flush with water or use compressed air to remove remaining foreign matter. Ensure that water and debris drain to exterior through clean -out ports. D. During cold weather, remove ice and snow from within forms. Do not use de-icing salts or water to clean out forms, unless formwork and concrete construction proceed within heat enclosure. Use compressed air or other means to remove foreign matter. 3.7 FORMWORK TOLERANCES A. Construct formwork to maintain tolerances required by ACI 301. 01228105 CONCRETE FORMWORK 03100 - 3 02/07 3.8 FIELD QUALITY CONTROL A. Inspect erected formwork, shoring, and bracing to ensure that work is in accordance with formwork design, and that supports, fastenings, wedges, ties, and items are secure. B. Do not reuse wood formwork more than four times for concrete surfaces to be exposed to view. Do not patch formwork. 3.9 FORM REMOVAL A. Do not remove forms or bracing until concrete has gained sufficient strength to carry its own weight and imposed loads. B. Loosen forms carefully. Do not wedge pry bars, hammers, or tools against finish concrete surfaces scheduled for exposure to view. C. Store removed forms in manner that surfaces to be in contact with fresh concrete will not be damaged. Discard damaged forms. END OF SECTION 01228105 CONCRETE FORMWORK 03100 - 4 02/07 SECTION 03200 CONCRETE REINFORCEMENT PART 1- GENERAL 1.1 SECTION INCLUDES A. Reinforcing steel bars, wire fabric and accessories for cast-inplace concrete. 1.2 RELATED SECTIONS A. Section 03100 - Concrete Formwork. B. Section 03300 - Cast -in -Place Concrete. C. Section 03410 - Precast Concrete. 1.3 REFERENCES A. ACI 301 - Structural Concrete for Buildings. B. ACI 318 - Building Code Requirements For Reinforced Concrete. C. ACI SP-66 - American Concrete Institute - Detailing Manual. D. ANSUASTM A82 - Cold Drawn Steel Wire for Concrete Reinforcement. E. ANSUASTM A 185 - Welded Steel Wire Fabric for Concrete Reinforcement. F. ANSUAWS DIA - Structural Welding Code for Reinforcing Steel. G. ANSUAWS D12.1 - Reinforcing Steel Welding Code. H. ASTM A615 - Deformed and Plain Billet Steel Bars for Concrete Reinforcement. I. AWS D12.1 - Welding Reinforcement Steel, Metal Inserts and Connections in Reinforced Concrete Construction. J. CRSI - Concrete Reinforcing Steel Institute Manual of Practice. K. CRSI 63 - Recommended Practice For Placing Reinforcing Bars. L. CRSI 65 - Recommended Practice For Placing Bar Supports, Specifications and Nomenclature. 1.4 SUBMITTALS A. Submit under provisions of Section 0 13 00. B. Shop Drawings: Indicate bar sizes, spacings, locations, and quantities of reinforcing steel, bending and cutting schedules, and supporting and spacing devices. C. Manufacturer's Certificate: Certify that products meet or exceed specified requirements. 1.5 QUALITY ASSURANCE A. Perform Work in accordance with CRSI 63, 65 and Manual of Practice, ACI 301, ACI SP-66, ACI 318. B. Submit certified copies of mill test report of reinforcement materials analysis. 01228105 CONCRETE REINFORCEMENT 03200 - 1 02/07 1.6 COORDINATION A. Coordinate work under provisions of Section 01039. B. Coordinate with placement of formwork, formed openings and other Work. PART 2-PRODUCTS 2.1 REINFORCEMENT A. Reinforcing Steel: ASTM A615, 60 ksi yield grade; deformed billet steel bars, plain. B. Welded Steel Wire Fabric: ASTM A185 Plain Type; in flat sheets; plain. 2.2 ACCESSORY MATERIALS A. Tie Wire: Minimum 16 gage annealed type. B. Chairs, Bolsters, Bar Supports, Spacers:Sized and shaped for strength and support of reinforcement during concrete placement conditions including load bearing pad on bottom to prevent vapor barrier puncture. 2.3 FABRICATION A. Fabricate concrete reinforcing in accordance with CRSI Manual of Practice. B. Weld reinforcement when approved by the Engineer in accordance with ANSI/AWS D 1.4. C. Locate reinforcing splices not indicated on Drawings, at point of minimum stress. Review location of splices with Engineer. PART 3 - EXECUTION 3.1 PLACEMENT A. Place, support and secure reinforcement against displacement. Do not deviate from required position. B. Do not displace or damage vapor barrier. C. Accommodate placement of formed openings. D. Conform to ACI 318 for concrete cover over reinforcement. 3.2 FIELD QUALITY CONTROL A. Field inspection will be performed under provisions of Section 01400. END OF SECTION 01228105 CONCRETE REINFORCEMENT 03200 - 2 02/07 2.5 CONCRETE MIX A. Mix and deliver concrete in accordance with ASTM C94, Alternative No. 2 and 3. B. Select proportions for normal weight concrete in accordance with ACI 301 Method 1, Method 2 and Method 3. C. Provide concrete to the following criteria: 1. Compressive Strength (7 days): 2,815 psi. 2. Compressive Strength (28 days): 4,000 psi. 3. Slump: 1 to 4 inches. 4. Maximum Water/Cement Ratio: 0.50. D. Use fly ash only when approved by Engineer. E. Use set retarding admixtures during hot weather only when approved by Engineer. F. Add air entraining agent to normal weight concrete mix for work exposed to exterior. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify site conditions under provisions of Section 01039. B. Verify requirements for concrete cover over reinforcement. C. Verify that anchors, seats, plates, reinforcement and other items to be cast into concrete are accurately placed, positioned securely, and will not cause hardship in placing concrete. 3.2 PREPARATION A. Prepare previously placed concrete by cleaning with steel brush and applying bonding agent in accordance with manufacturer's instructions. B. In locations where new concrete is dowelled to existing work, drill holes in existing concrete, insert steel dowels and pack solid with non -shrink grout. 3.3 PLACING CONCRETE A. Place concrete in accordance with ACI 304. B. Notify Engineer minimum 24 hours prior to commencement of operations. C. Ensure reinforcement, inserts, embedded parts, formed joint fillers are not disturbed during concrete placement. D. Install vapor barrier under interior slabs on grade. Lap joints minimum 6 inches and seal watertight by taping edges and ends. E. Repair vapor barrier damaged during placement of concrete reinforcing. Repair with vapor barrier material; lap over damaged areas minimum 6 inches and seal watertight. F. Install joint fillers in accordance with manufacturer's instructions. G. Separate slabs on grade from vertical surfaces with inch 1/2 thick joint filler. H. Extend joint filler from bottom of slab to within 1/4 inch of finished slab surface. I. Install joint devices in accordance with manufacturer's instructions. J. Install construction joint device in coordination with slab pattern placement sequence. Set top to required elevations. Secure to resist movement by wet concrete. K. Place concrete continuously between predetermined expansion, control, and construction joints. L. Do not interrupt successive placement; do not permit cold joints to occur. 01228105 CAST -IN -PLACE CONCRETE 03300 - 3 02/07 M. Place floor slabs in pattern indicated. N. Screed floors and slabs on grade level, maintaining surface flatness of maximum 1/4 inch in 10 ft. 3.4 CONCRETE FINISHING A. Provide formed concrete surfaces to be left exposed with smooth rubbed finish as Scheduled in this Section. B. Finish concrete floor surfaces in accordance with ACI 301. C. Steel trowel surfaces which are scheduled to be exposed. D. In areas with floor drains, maintain floor elevation at walls; pitch surfaces uniformly to drains at 1/8 inch per foot nominal. E. Where shown on the drawings, trowel epoxy liner on all surfaces indicated to 1/8" minimum and 3/4" maximum thickness, and in accordance with manufacturer's instructions. 3.5 CURING AND PROTECTION A. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures, and mechanical injury. B. Maintain concrete with minimal moisture loss at relatively constant temperature for period necessary for hydration of cement and hardening of concrete. C. Cure floor surfaces in accordance with ACI 308. 3.6 FIELD QUALITY CONTROL A. Field inspection and testing will be performed in accordance with ACI 301 and under provisions of Section 01400. B. Provide free access to Work and cooperate with appointed firm. C. Submit proposed mix design of each class of concrete to Engineer for review prior to commencement of Work. D. Tests of cement and aggregates may be performed to ensure conformance with specified requirements. E. Three concrete test cylinders will be taken for every 100 or less cu yds of each class of concrete placed. F. One additional test cylinder will be taken during cold weather concreting, cured on job site under same conditions as concrete it represents. G. One slump test will be taken for each set of test cylinders taken. 3.7 PATCHING A. Allow Engineer to inspect concrete surfaces immediately upon removal of forms. B. Excessive honeycomb or embedded debris in concrete is not acceptable. Notify Engineer upon discovery. C. Patch imperfections as directed. 01228105 CAST -IN -PLACE CONCRETE 03300 - 4 02/07 3.8 3.9 DEFECTIVE CONCRETE A. Defective Concrete: Concrete not conforming to required lines, details, dimensions, tolerances or specified requirements. B. Repair or replacement of defective concrete will be determined by the Engineer. C. Do not patch, fill, touch-up, repair, or replace exposed concrete except upon express direction of Architect/Engineer for each individual area. SCHEDULE - CONCRETE TYPES AND FINISHES A. All Structures: 4,000 psi 28 day concrete, Type I cement, rubbed finish. B. Electrical Pads: 3,000 psi 28 day air entrained concrete, Type I cement, light broom finish. END OF SECTION 01228105 CAST -IN -PLACE CONCRETE 03300 - 5 02/07 SECTION 03410 PRECAST CONCRETE PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this section. B. Section 03100 - Concrete Formwork. C. Section 03200 - Concrete Reinforcement. D. Section 03300 - Cast -in -Place E. Section 15060 - Piping and Pipe Fittings. 1.2 SUMMARY A. This Section includes precast concrete units, used for construction of the following: 1. Manholes. 2. Lift Station — Lined with Dependalock — a lock liner system B. Related Sections: The following sections contain requirements that relate to this Section. 1. Cast -in -place concrete is specified in Division 3 Section 03300 "Cast -In -Place Concrete." 1.3 SUBMITTALS A. General: Submit the following according to Conditions of Contract and Division 1 Specification Sections. B. Product data and instructions for manufactured materials and products. Include manufacturer's certifications and laboratory test reports as required. C. Mix design reports of proposed concrete mix as specified in Part 2 of this Section. D. Shop drawings prepared by or under the supervision of a qualified professional engineer, showing complete information for fabrication and installation of precast concrete units. Indicate member dimensions and cross-section; location, size, and type of reinforcement, including special reinforcement; and lifting devices necessary for handling and erection. 1. Indicate layout and dimensions, and identify each precast unit corresponding to sequence and procedure of installation. Indicate welded connections by AWS standard symbols. Detail inserts, connections, and joints, including accessories and construction at openings in precast units. 2. Provide location and details of anchorage devices that are to be embedded in other construction. Furnish templates, if required, for accurate placement. E. Test reports as required by provisions of this Section. 1.4 QUALITY ASSURANCE A. Codes and Standards: Comply with provisions of following codes, specifications and standards, except as otherwise indicated: 1. ACI 301, "Specifications for Structural Concrete for Buildings." 2. ACI 318, 'Building Code Requirements for Reinforced Concrete." 01228105 PRECAST CONCRETE 03410 - 1 02/07 3. AWS D1.1, "Structural Welding Code: Steel." 4. Concrete Reinforcing Steel Institute, "Manual of Standard Practice." 5. Prestressed Concrete Institute (PCI) MNL 116, "Manual for Quality Control for Plants and Production of Precast Concrete Products." 6. PCI MNL 120 "Design Handbook - Precast and Prestressed Concrete (3rd Edition). B. Design by Fabricator: Design precast units to support superimposed dead loads and live loads as required for compliance with local governing code requirements. C. Fabrication Qualifications: Produce precast concrete units at fabricating plant engaged primarily in manufacturing of similar units, unless plant fabrication or delivery to Project site is impractical. 1. If units are not produced at precast concrete fabricating plant, maintain procedures and conditions for quality control that are equivalent to plant production. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver the amount of precast concrete units needed in a timely manner to the Project site to ensure installation continuity. B. Store and handle the units at the Project site to prevent cracking, distortion, staining, or other physical damage, and so that markings are visible. Lift and support units at designated lift points. C. Deliver anchorage items that are to be embedded in other construction before starting such work. Provide setting diagrams, templates, instructions, and directions, as required, for installation. PART 2 - PRODUCTS 2.1 FORMWORK A. Provide forms and, where required, form facing materials of metal, plastic, wood, or another acceptable material that is nonreactive with concrete and will produce required finish surfaces. B. Accurately construct forms, mortar -tight, of sufficient strength to withstand pressures due to concrete placing operations, temperature changes, and for prestressed, pre -tensioning, and detensioning operations. Maintain formwork to provide completed precast concrete units of shapes, lines, and dimensions indicated, within fabrication tolerances specified in PCI MNL 116. C. Access doors and frame as specified in Section 11311 shall be cast in top of lift station and valve vault as shown in drawings. D. Manhole frames and covers shall be of cast iron of the types shown on the drawings. All castings shall be made from superior quality gray cast iron conforming to the requirements of ASTM A 48. Drawings of all manhole frames and covers proposed for use shall be submitted for approval before items are shipped. E. Resilient materials for connectors and filler rings shall be manufactured of natural or synthetic rubber and shall conform to the requirements prescribed in Table 1 of ASTM C923. F. All joints shall be tongue and groove except for the grade rings and all joints shall be watertight. ConSeal CS-102 flexible plastic gaskets or approved equal shall be used in all joints. All joints shall be primed prior to the application of the joint sealing material. 01228105 PRECAST CONCRETE 03410 - 2 02/07 2.2 REINFORCING MATERIALS A. Reinforcing Bars: ASTM A 615, Grade 60, deformed. B. Steel Wire: ASTM A 82, plain, cold -drawn steel. C. Welded Wire Fabric: ASTM A 185. D. Welded Deformed Steel Wire Fabric: ASTM A 497. E. Supports for Reinforcement: Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing, complying with CRSI recommendations. 2.3 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I or Type III. B. Use only one brand and type of cement throughout Project, unless otherwise acceptable to Owner's representative. C. Aggregates: ASTM C 33, and as specified here. Provide aggregates from a single source for exposed concrete. 1. Local aggregates not complying with ASTM C 33, but that have shown by special test or actual service to produce concrete of adequate strength and durability, may be used when acceptable to the Owner's representative. D. Lightweight Aggregate: ASTM C 330. E. Water: Potable. F. Admixtures, General: Provide admixtures for concrete that contain not more than 0.1 percent chloride ions. G. Air -Entraining Admixture: ASTM C 260, certified by manufacturer to be compatible with other required admixtures. H. Water -Reducing Admixture: ASTM C 494, Type A, or other Type approved for fabricator's units. 2.4 GROUT MATERIALS A. Cement Grout: Portland cement, ASTM C 150 (Type I), and clean, natural sand, ASTM C 404. Mix at ratio of 1.0 part cement to 3.0 parts sand, by volume, with minimum water required for placement and hydration. B. Products: Subject to compliance with requirements, provide one of the following: 2.5 MIX PROPORTION AND DESIGN A. Prepare design mixes for each type of concrete required. B. Design mixes may be prepared by independent testing facility or by qualified precast manufacturing plant personnel at precast manufacturer's option. C. Proportion mixes by either laboratory trial batch or field experience methods using materials to be employed on the Project for each type of concrete required complying with ACI 318. 1. Produce standard -weight concrete consisting of specified portland cement, aggregates, admixtures, and water to produce the following properties: a. Compressive strength--5000 psi minimum at 28 days. b. Release strength for prestressed units--3500 psi. 2. Cure compression test cylinders using same methods as for precast concrete work. { 01228105 PRECAST CONCRETE 03410 - 3 02/07 D. Submit written reports to Owner of proposed mix for each type of concrete at least 15 days prior to start of precast unit production. Do not begin concrete production until mixes and evaluations have been reviewed by Owner. E. Adjusting Concrete Mixes: Mix design adjustments may be requested when characteristics of materials, job conditions, weather, test results, or other circumstances warrant. Laboratory test data for revised mix designs and strength results must be submitted to and accepted by Owner's representative before using in the Work. F. Admixtures: Use air -entraining admixture in concrete, unless otherwise indicated. 1. Use water -reducing admixtures in strict compliance with manufacturer's directions. Admixtures to increase cement dispersion, or provide increased workability for low -slump concrete, may be used subject to Owner's acceptance. 2. Use amounts as recommended by admixture manufacturer for climatic conditions prevailing at time of placing. Adjust quantities of admixtures as required to maintain quality control. 2.6 FABRICATION A. General: Fabricate precast concrete units complying with manufacturing and testing procedures, quality control recommendations, and dimensional tolerances ofPCI MNL-116 and as specified for types of units required. B. A shorter mixing time than that specified in ASTM C 94 may be required during hot weather or under conditions contributing to rapidly setting concrete. 1. When the air temperature is between 85 deg F (30 deg C) and 90 deg F (32 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes. When air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. C. Cast -in openings larger than 12 inches in diameter or 12 inches square in accordance with final shop drawings. Other smaller holes may be field cut by trades requiring them, as acceptable to Owner's representative. D. Coat surfaces of forms with bond -breaking compound before reinforcement is placed. Provide commercial formula form -coating compounds that will not bond with, stain, or adversely affect concrete surfaces, and that will not impair subsequent treatments of concrete surfaces requiring bond or adhesion. Apply in compliance with manufacturer's instructions. E. Clean reinforcement of loose rust and mill scale, earth, and other materials that reduce or destroy the bond with concrete. F. Accurately position, support, and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforcement by metal chairs, runners, bolsters, spacers and hangers, as required. G. Place reinforcement to obtain at least the minimum coverages for concrete protection. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position while placing concrete. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. H. Place concrete in a continuous operation to prevent seams or planes of weakness from forming in precast units, complying with requirements of ACI 304. Thoroughly consolidate placed concrete by internal and external vibration without dislocating or damaging reinforcement and built-in items. I. Identify pick-up points and orientation in structure with permanent markings, complying with markings indicated on final shop drawings. Imprint casting date on each precast unit on a surface that will not show in the finished structure. r 01228105 PRECAST CONCRETE 03410 - 4 "' 02/07 J. Cure by low-pressure steam, steam vapor, radiant heat and moisture, or another similar process to accelerate concrete hardening and to reduce curing time. K. Finish formed surfaces of precast concrete as indicated for each type of unit, and as follows: 1. Standard Finish: Normal plant -run finish produced in forms that impart a smooth finish to concrete. Small surface holes caused by air bubbles, normal color variations and form joint marks, and minor chips and spalls will be tolerated. Major or unsightly imperfections, honeycomb, or structural defects are not permitted. 2.7 SOURCE QUALITY CONTROL A. The Owner may employ an independent testing laboratory to evaluate precast manufacturer's quality control and testing methods. B. The precast manufacturer shall allow Owner's testing facility access to materials storage areas, concrete production equipment, and concrete placement and curing facilities. Cooperate with Owner's testing laboratory and provide samples of materials and concrete mixes as may be requested for additional testing and evaluation. C. Dimensional Tolerances: Units having dimensions smaller or greater than required and outside specified tolerance limits may be subject to additional testing as specified here. D. Precast units having dimensions greater than required will be rejected if the appearance or function of the structure is adversely affected or if larger dimensions interfere with other construction. Repair or remove and replace rejected units, as required, to meet construction conditions. E. Strength of precast concrete units will be considered potentially deficient if the manufacturing processes fail to comply with any of the requirements that may affect the strength of the precast units, including the following conditions: 1. Failure to meet compressive strength tests requirements. 2. Concrete curing, and protection of precast units against extremes in temperature not as specified. 3. Precast units damaged during handling and erection. F. Defective Work: Remove precast concrete units that do not conform to specified requirements, including strength, tolerances, and finishes. Replace with precast concrete units that meet requirements of this section. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Erection Tolerances: Install precast units without exceeding tolerance limits specified in PCI MNL-127, "Recommended Practice for Erection of Precast Concrete." 1. Grouting Connections and Joints: After precast concrete units have been placed and secured, grout open spaces at connection and joints as follows: 2. Cement grout consisting of 1 part portland cement, 2-1/2 parts sand, and only enough water to properly mix and hydrate. 3. Provide forms or other acceptable method to retain grout in place until sufficiently hard to support itself. Pack spaces with stiff grout material, tamping until voids are completely filled. Place grout to finish smooth, plumb, and level with adjacent concrete surfaces. Keep grouted joints damp for not less than 24 hours after initial set. Promptly remove grout material from exposed surfaces before it hardens. 01228105 PRECAST CONCRETE 03410 - 5 02/07 B. Precast Reinforced Concrete Manholes 1. After the excavation has been completed, the concrete base or bottom shall be poured in accordance with the details shown on the plans. 2. The pipe shall be laid through the manholes and, upon completion of the invert, the top half of the pipe shall be removed. Where there is a change in direction of the main, and where lateral lines enter the manhole, the inverts shall be neatly formed with concrete. The inverts shall have a true curve of as large a radius as the size of the manhole will permit and shall be given a smooth trowel finish. 3. When the concrete bottom has properly cured for not less than 24-hours, the precast manhole shall be installed. ConSeal CS-102 flexible plastic gaskets or equal shall be used in the tongue and groove joints and the joint between the manhole bottom section and the manhole base. The bottom ring shall be grouted in as shown on the plans. Concrete grade rings shall be used to adjust the manhole frame to the proper grades; the maximum extension of the top section shall not exceed 12-inches. C. Manhole Testing A leakage test shall be performed on each manhole installed in this project. The manhole leakage test shall not be performed until a backfill around the manhole has been in place in for at least 48 hours. Manhole leakage tests may be performed by one of two methods: 1. A hydrostatic exfiltration test or 2. A vacuum test. a. Manhole Hydrostatic Exfiltration Test All wastewater lines entering the manhole shall be temporarily plugged with an internal pipe plug. The manhole shall be filled with water to the manhole ring and allowed to stand for 24 hours in order to allow saturation of the concrete. Following the 24-hour saturation period, the manhole shall be refilled with water to the manhole ring and the test period begun. The contractor shall provide test equipment in which the volume of water lost can be accurately metered or measured. The minimum test period shall be one hour. The maximum allowable loss rate shall not be greater than 0.025 gallons per foot of manhole diameter per foot of manhole depth per hour. The exfiltration test shall only be performed in the presence of the Owner's representative. Any manhole which fails the hydrostatic exfiltration test shall be repaired, reworked or replaced as applicable at the Contractor's expense until the manhole passes the required test. b. Manhole Vacuum Test The manhole vacuum test shall be equal to that offered and described by Cheme Industries Inc., 5700 Lincoln Drive, Minneapolis, MN 55436, telephone (612) 933-5501, or equivalent. Manufacturer's literature, procedures and recommendations shall be submitted to the Engineer. Any manhole which fails the vacuum test shall be repaired, reworked or replaced as applicable at the Contractor's expense until the manhole passes the required test. Manhole vacuum tests shall only be performed in the presence of the Engineer. Contact the Engineer at least 48 hours in advance of testing activities. END OF SECTION 01228105 PRECAST CONCRETE 03410 - 6 02/07