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Resolution - 2007-R0231 - Contract- JNI Contractors-Hancock Land Application Site Outfall Line Remediation - 06_14_2007
Resolution No. 2007-RO231 June 14, 2007 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a public works Contract per RFP #07-714-BM by and between the City of Lubbock and JNI Contractors of Lubbock, Texas, for Hancock Land Application Site outfall line remediation, 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 14th day of ATTEST: R ecca Garza, City Secretary TO CONTENT: Thomas Adams Deputy City Manager/Water Utilities APPROVED andi AS O FORM: Attorney of Col DDresl7N1Contrar-tors07P WConRes May 31, 2007 .tune , 2007. DAVID A. ILLER, MAYOR No Text RFP# 07-714-13M, Addendum # I City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 102, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2163 FAX: (806)775-3326 _._ http://purchasing.ei.lubbock.tx.us ADDENDUM # I RFP # 07-714-BM HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION DATE ISSUED: April 26, 2007 CLOSE DATE: May 3, 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. In SPECIFICATIONS Section 01010, Summary of Work, Paragraph 3.2 Security Procedures DELETE item E and ADD the following before subparagraph A: "The project site is currently fenced with a barbed wire fence and secured with a panel gate that may be locked by the Contractor. At the Contractor's discretion, the following measures may be taken to secure materials or completed work:" All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-3326 or Email to bmacnairla?mylubbock.us. THANK YOU, CITY OF LUBBOCK Vauee'iiiac72av� Bruce MacNair Public Works Contracting Officer 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 Officer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. RFP# 07-714-BMAdI RFP# 07-714-13M, Addendum # 2 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE q SUITE 102, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2163 FAX: (806)775-3326 http://purchasing.ci.lubbock.tx.us ADDENDUM # 2 RFP # 07-714-BM HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION DATE ISSUED: April 30, 2007 CLOSE DATE: May 3, 2007 @ 2:00 P.M. `l 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. Offeror's attention is directed to the following CLARIFICATION to Drawings sheet 2 of 5: "Sheet 2 of 5 shows that the current 15-inch P.I.P. is 3 feet below the existing grade. The pipe is actually deeper than the profile shows and the estimated depth is up to 15 feet deep with a probable depth of 10 feet. Trench protection for the depth involved may be provided by sloping the sides of the trench to a safe angle. The new pipe installation will remain at the elevation shown on Sheet 2 of 5; however, at Station 0+00 the pipe must rise from a lower elevation via the 45 degree bends." All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-3326 or Email to bmacnairta)tnylubbock.us. THANK YOU, CITY OF LUBBOCK Bruce MacNair Public Works Contracting Officer 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 Citv of Lubbock Public Works Contracting Officer if anv language, reauirements. etc.. or anv combinations thereof, inadvertently restricts or limits the reauirements 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 Officer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. RFP# 07-714-BMAd2 CITY OF LUBBOCK REQUEST FOR PROPOSALS Wola TITLE: HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION ADDRESS: LUBBOCK, TEXAS RFP NUMBER: 07-714-BM PROJECT NUMBER: 6415.8302 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE City of Lubbock Public Works Contracting Office In an effort to better serve our contractors, the City of Lubbock Public Works Contracting Office is conducting the following survey. We appreciate the time and effort expended to submit your offer. Please take ai additional moment to complete the information below. If you have any questions or need more information please call (806)775-2163. City of Lubbock RFP # 07-714-BM HOW DID YOU RECEIVE NOTICE OF THIS REQUEST FOR PROPOSAL? Lubbock Avalanche Journal? ✓ Yes No The Daily Commercial Record? Yes ✓ No From Plan Room or other type of service? Yes ✓ No Did you access the City of Lubbock website to search for bids? r/ Yes No Facsimile or email from RFP Depot.com? Yes --� No Did you download from your home computer? Yes L— - No Did you download from your company computer? Yes ai' No Requested a copy from Lubbock Public Works Contracting Office? ✓ Yes No Are you a member of RFP Depot? Yes --'-No Other: THANK YOU. I Company Name City of Lubbock, TX Public Works Contracting Office Contractor Checklist for RFP # 07-714-BM Before submitting your bid / proposal, please ensure you have completed the following: 1. ✓ Carefully read and understand the plans and specifications and properly complete the PROPOSAL SUBMITTAL FORM. Proposal submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. v"" Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 3. ✓ Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Proposal. 4. ✓ Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 5. ✓ Carefully read the BASIS OF PROPOSALS and EVALUATION CRITERIA in paragraph 32 of the General Instructions to Offeror's. Ensure ALL criteria are addressed in your submittal. Evaluations cannot commence until all items are available to the evaluation committee. 6. Clearly mark the proposal number, title, due date and time and your company name and address on the outside of the envelope or container. 7. Include PROPOSAL BOND or CASHIER'S OR CERTIFIED CHECK as your proposal surety. Failure to provide a proposal surety WILL result in automatic rejection of your proposal. 8. Ensure your proposal is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late proposals will not be accepted. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR PROPOSAL SUBMITTAL. Company Name 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. INDEX NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS LOCAL GOVERNMENT CODE § 271.116 PROPOSAL SUBMITTAL - PROPOSAL FOR UNIT PRICE CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS NOTICE TO OFFERORS NOTICE TO OFFERORS RFP # 07-714-BM 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 May 3, 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: "HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION99 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 offeror 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 May 3. 2007and the City of Lubbock City Council will consider the proposals on May 24, 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 offeror 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 offeror 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 superior. 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 offeror 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 OFFEROR 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 offeror'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 25, 2007 at 9:00 A.M., in the Municipal Building Training Conference Center, TCL01. 1625131h Street, Lubbock, Texas. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405or on their website at http://pr.theroroductioncomp@ny.com/. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, htip://t)r.theroroductioncompany.com/, Phone: (806) 763- 7770. Additional sets of plans and specifications may be obtained at the offeror's expense. Attention of each offeror 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, Vemon'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 6�3rux CW.Tac arr BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER GENERAL INSTRUCTIONS TO OFFERORS 1; GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 P.M. CST, May 3, 2007 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the offeror. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP#07-714-BM, HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION" 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: Bruce MacNair, Public Works Contracting Officer 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 offeror 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) documents, a non- mandatory nre-proposal meeting will be held at 9:00 A.M., April 25. 2007 in the Municipal Building Training Conference Center TCLO1, 1625 131h Street, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective offeror they represent. 2.2 It is the offeror'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.RFPdepot.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 offeror 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 offeror, 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 http://www.RFPdeyot.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 an offeror 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 offeror 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 these specifications. 4.2 Before submitting a proposal, each offeror 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 offeror 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 offeror 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 offeror 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. 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 offeror. _ 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 CONFIDENTIALIPROPRIETARY is not in conformance with the - Texas Open Records Act. 7 LICENSES PERMITS TAXES -- The price or prices for the work shall include full compensation for all taxes, permits, etc. that the offeror 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 offeror 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. 9.2 By signing and executing this proposal, the offeror 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 OFFEROR 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 OFFEROR 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: BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER City of Lubbock Public Works Contracting Office 1625 13t" Street, Suite 102 Lubbock, Texas 79401 Fax: 806-775-3326 or 806-767-2275 Email: bmacnair(a),mylubbock.us RFPDepot: http://www.RFPdepot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within FORTY (40) CALENDAR DAYS from the date specified in the Notice to Proceed issued by the _., City of Lubbock to the successful offeror. 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 19 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. 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 an offeror the following information: (a) The experience record of the offeror 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 offeror. (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. 24 CONTRACTOR'S REPRESENTATIVE The successful offeror shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful offeror 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 offeror 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 offerors' 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 offeror'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 offeror without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The offeror shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the offeror 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 Offeror'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 Offeror understands and agrees that the contract to be executed by offeror shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Offeror'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 offeror 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 offeror 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 offeror may also be required to give a past history and references in order to satisfy the City of Lubbock about the offeror's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the offeror to perform the work, and the offeror shall furnish to the City of Lubbock all information for this purpose that may be requested. The offeror's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the offeror fails to satisfy the City of Lubbock that the offeror is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the offeror'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 offeror 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 offeror. (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 50% Price. `-1 32.2 10% 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 offeror 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. �a 32.5 15% Construction time. 32.6 5% List of subcontractors — DUE WITHIN TWO BUSINESS DAYS AFTER OPENING. 32.7 5% Contractor phasing options which may shorten construction time or minimize disruptions to City operations without increasing proposal amount The estimated budget for the construction phase of this project is 65,000. 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 unit prices 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 PROPOSAL SUBMITTAL UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: RFP-07-714-BM — HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION Proposal of (hereinafter called Offeror) 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 HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION 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 1. 133 FT Furnish, deliver, and install 12-inch diameter C-900 class 150 approved water pipe in open cut trench, backfilled to 90% compaction, as herein specified, including all equipment, tools and labor. TOTAL ITEM #1:,Mr.� �l 4.�.� c�2i ��,�i� e�($ 5 0 0 /FT( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 2. 32 FT Furnish, deliver, and install 12-inch diameter Class 150 ductile iron approved water pipe ._ in open cut trench, backfilled to 90% compaction, as herein specified, including all equipment, tools, and labor TOTAL ITEM #2:10W_Z&�Lne/ Z $ 14 —/vQ 0 /FT( '/ 41 ° ) t Price Amounts shall be shown in both words and numerals. In case of'd'rscrepancy, �— (Unit , the amoum shown in words shall govern.) 3. 99 FT Furnish, deliver, and install cement -stabilized backfill for the top twelve (12) inches of trench backfill as depicted on the Plans and herein specified, including all equipment, tools, and labor. TOTAL ITEM #3: 1-1),Ze- _:ZZ / 500 /F( t $- ! (, (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TA 4 Offeror's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount L- 4. 1 Each Connect the 12-inch C-900 Class 150 water pipe to existing water deliver system (1 5-inch P.I.P. pipeline) via 15-inch P.I.P. Tee and necessary accessories. This connection shall include all equipment, tools, and labor. TOTAL ITEM #4: ,� 1.,2c r.. cz rZ/Y $ /V /9 /EA( _54 b o o ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amo t shown in words shall govern.) 5. 1 Each Furnish, deliver, and install 12-inch MJ gate valve and valve box as herein specified, including all equipment, tools, and labor. TOTAL ITEM #5:�4tol' $:: f) n /EA( 3� Oo o ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6. 2 .Each Furnish, deliver, and install 12-inch 45-degree MJ bend as herein specified, including all equipment, tools, and labor. TOTAL ITEM #6: 1 � �,�1�<.C. /( / 2 1. r�C /EA( Z o (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amilunt shown in words shall govern.) 7. 2 Each Furnish, deliver, and install 12-inch 22.5-degree MJ bend as herein specified, including all equipment, tools, and labor. TOTAL ITEM #7: l �r� t> ,��� � �/' $ /. ,� (j�j /EA( ?� (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 8. 1 Each Furnish, deliver, and install 12-inch Tideflex check valve, or approved equal, as herein specified, including all equipment, tools, and labor. TOTAL ITEM #8: A,-O, � $ IIOD /EA( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 1 Each Furnish, deliver, and install the concrete channel system depicted in the plans and as herein specified, including all equipment, tools, and labor. TOTAL ITEM #9 ad p cell-, $1 6,,6A0 /EA 1 -4D o C" a (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 1 Each Plug existing outfall line as depicted in the Plans. This plug shall include all equipment, tools, labor, or other plugs to complete construction. A TOTAL ITEM #10:%� c �111 $A_DDd /EA( / 4-, o (Unit Price Amounts shall be shown in both words and numerals. In can of discrepancy, the amount shown in words shall govern.) 11. 1 Each Provide and maintain a Storm Water Pollution Prevention Program to prevent silt runoff into { existing storm water systems and playa lakes. This item shall include design and implementation of a Storm Pollution Retention Plan, EPA, and TCEQ Submittals, log, maintenance, fees, required documents, and labor TOTAL ITEM #11:. Vzj:4 . /o U /EA( 00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in wordsshallgovern.) C Offeror's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount 12. 1 Each Provide and maintain a Trench Safety System as per OSHA regulations, include all equipment, tools, and labor. -.m TOTAL ITEM #12:$ /EA( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 13. 1 Each Equipment mobilization. Provide all equipment and tools to complete the project. TOTAL ITEM #13: $ 41, A0 D /EA( 4(, O o O ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amotint shown in words shall govern.) mK� 3 TOTAL PROPOSAL, ITEMS #1- #13: MATERIALS: 1 LABOR:& TOTAL PROPOSA!! , ITEMS #1 - #13: (Unit Price Amounts s shown in both words and numerals. In case of discrepancy, the amount shown in words s all govern.) RM Offeror 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 ( 2S 0 Days Completed by Contract ) Written Days Completed by Contractor consecutive calendar days thereaftef/as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on .j< which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, w� payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. � P Offeror's Initials 'r 3 closed with this proposal is a Cashier's Check or Certified Check for lt1 z-11 � A, ollars ($ c�, �' ) 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 required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; E 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 contractu documents made available to him for his inspection in accordance with the Notice to Offerors. 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. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date : 2 -7- of Addenda No. _�� Date - 3 o o `l Addenda No. Date Addenda No. Date Date:,,, uthorized Signature Toss A-- `Pzr � z� (Printed or Typed Name) 3 Q t co Ca2FO T- S Company %l.2 C4 /U. A /Af 61ydd Addres i 7 0 C- L L r (,c o C. Ci —re x c- 5 Count `f 41� 3 State Telephone: o - '% Zip Code V 6I - 6 6/ `% Fax: b� - la '2! - / 0 L Z-- FEDERAL TAX ID or SOCIAL SECURITY Na -S Sit. -- q y ., "Ogg M/WBE Firm: Woman I I Black American Native American Hispanic American I I Asian Pacific American Other (Specify) CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent And Attached to Proposal Submittal r I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been LL 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 (l0) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. ntractor (Signature) Contractor (Print) CONTRACTORS FIRM NAME: J AJ .L _l . D n �rQ G l D r (Print or Type) �. CONTRACTOR'S FIRM ADDRESS: /oe /0 • 04 k 611141. 14 i2 O C, 7 �T I� Name of gentBroker Ca rrt Fa rn n in '?_5 u Ci n ce &cJe_ n tile. Agent / Broker (Signature) "Address of Agent/Broker: [D, 0, 6 ax4 6 7 4fS r_o 446>rk_, TY 994z93- AgentBroker Telephone Number: ( 80k 1�4 Z -;,- Date• O,E ZD 3 o� 145- 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) 775-2163. '`PROPOSAL #07-714-BM — HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION 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 Govern Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursua Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition criteria for accurately determining the safety record of a offeror prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a offeror for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or cause environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, ai other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission against the offeror 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 wii the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U Army Corps of Engineers (USACOE), the U.S. Fish . and Wildlife Service (USFWS), the Environma Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resm Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Senvi (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), ages of local governments responsible for enforcing environmental protection or worker safety related laars regulations, and similar regulatory agencies of other states of the United States. Citations include notices violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, 0 assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, 6 orders, and judicial final judgments. C. 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 t offeror and his or her ability to perform the services or goods required by the proposal documents in a 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 contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the i 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 firm, corporation, partnership or institution, received citations 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, 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 assessed. J1-�Offeror's Initials 6 QUESTION 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 �1 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 V 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? r YES NOy 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 LU13BOCK 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 the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. i ignature /lm ,f'4— Title [Ir 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 L 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: J ! J O ►'l i�� G��i FEDERAL TAX ID or SOCIAL SECURITY No. 5 Signature of Company Official: Printed name of company official signing above: �[} �� �. A Date Sinned: /V I UJU -- _; i 8 i i L PAYMENT BOND STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Bond# 7 0 3 3 0 519 KNOW ALL MEN BY THESE PRESENTS, that JNI CONTRACTORS, Inc. (hereinafter called the Principal(s), as Principal(s), and Wesatern Surety Company (hereinafter called the Surety�s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the in the amount of - Obli ee , ifty 'Seven Thousand Seven 57 g ) u„„,a,-tzdDollars ($ , 7 00 .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,205 day of 20 07 , to City of Lubbock Rfp#07-714-BM Hancock Land Application Site Outfall Line Remediation 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. WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of June 20 07. Western Surety Company Surety ite) A torney-in-Fact Larry T Smith JNI Contractors, Inc (Company Name) Jose A Perez By: (Printed Name) Signature) Owner (Title) Bond #70330519 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Larry T Sm j, th an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Western Surety Company Sure' j J Approved as to form: * By A Larry T Smith City of Lubbock -� By: j&^ttornby J * 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. I 2 L T OF SURETY STATE OF Texan (Ati ey-!nFact) Bond No. 7033051� COUNTY OFLua=JL— On thi,a 25t1a of Mane i 2007 , bakm me, a nd ypublic in and for said County, personally appeared Larry T . Smith to me permab k wwn and being by me duly swan, did say, that he is the Attorney -In -Fact of WESTERN SURETY COMPANY, a corpo ratiEut of Sioux Falls, South Dakota, created, organized and existiaS under and by virtue of the laws of the State of South Dakota, that the said infftru ment was executed on behalf of the said corporation by authority of its Board of Directors and that the said I arrY T. smith _.. aoknowlWpff said instrument to be the free aot and deed of said omporstion and that he has authority to sign said instrument withom wring the earpmmate seal of ®aid corporation, N FITNESS WI-MRE F, T have herefmto subsoribed nV name and aPFind rW ©ffinial ®sal at Lubbock i Texas , the day and yaar last abase written, 1 I �J �"WA an . - N A .4 `, .. PCiWER OF ATTORNEY - CERTIFIED COPY Band No, 703NS19 Hnaw All Um By These Freseutr, thM WEITE W fT[TNM COMPANY, aomataUm duty arijua d and wurtg uadsr the lawn ar bo Btate of Booth Dakota, end having its grtadpei ofdi in Storm Fella, Soath Dakota as Tompan7j, does by the prey M mb, o=tittd,eand swaint _ Larry T. Smith itr tree tmd lawful att=wy(ffNa fioQt, with M pow= and auUwdty hmby aauEer 94 to eanut% sxlmowtedae and deibver fvr and an io bmbafae Surety, bonds far: Ptincipai: Jose Angel Perez dba J N i Contractors Ob]igee: City of Lubbock Atraount: $500, 000.00 and to bind the Company tharehy of Bally and to the same eatwt as if such booda were sianad by the Sw-dar Vies President, saalad with tba oarPorate seal of the Camp my and duty attested by its'-wntwy, bmbyrsYdf W and oanflrming all that the aatd allaw(#4a- act nmy do within the above stated hmitatioue. Bald appdaunant ie made under and by authariDjr of the Mawiag bylaw of Wotan Swell CouWawy writ remmm in full fxaoe and dkt. ,seadau 7. All bonds, p"ov. undrrtabaoi. Powers of Attorney or other obtiratiom of the oo Pundan shalt Be eawutsd is tbs acwymaie nauoe of the Caaapww by 9w Prosddeat, fsate , aw Assistant 5 , Treasures, or any Yioe Pha dealt or by such atbw oft3oaara as the Boord of Dkwtwo nW authorise. The Fr vat, aW VWo Fhddmt, Beavtnmy, mW Assistant Bearstaty, or the Trwasure: mare iwx Wnt Man" In Fact or ogonty who shall have VAba* to isms bonds, yaf A%, w uadsgWdnp in the Same of the Cvtgp ri'he mrpmide Seal in not necessary fm the validity of any bonds, polkies, tmdertaldn`s, Fawerm of Attorney or anger obligations d w ompotattaas. The signd= of any mob odliver Sad the owporate seal may be yti uWd by&aai ldlo." All authority haraW eonflmrrad Shall vMfre and terminate, without nofte, unless used heft m midnight of Novemoer I5 2 Q 0 7 , bm until aurh tins shell be isTnwAble and in Pall ibrce and afBmat. In Vitam Where&$ Western 9ureW Ccanpaw has =mad thou wwatm to b dgwd by its Se� dim President, Paul T. Bruftat, mid its nojmatw@M 1. to be affixed this 2 5 th , On this 25 th day of June+ , in the year � 2007 _ , be�ste me, a naie�ry p►ililk, ifereanelly 4Dyaatad Paul T. Sru$at, whn being to me duly &warn, acknowledged that he signed the above Poorer of Attasnny am the afnreamid of om ai WBrrm S[lR= CdItpti T smd aaknouledged said instramant to be the voluntary net sad deed of I t Corporation. 0. KRELL NOswnv aum w ;� �� _ . � atIR1101 s,le- 4Ay r4wlr+►t f mrn W CoWan Morm NavanUr 30, 2012 I the uaderei"d officer of Western Surety Company, a stock corporation, of the Bbaw of iioath Dakaba, do hesebyy cerW4 that the attached Power of Attorney is in full 6oroe and effect and is uTevooaNe, and Awthamun, tbA 0eution 7 of the bylaw of the Company as not Earth in the Fowar of Attorney ie now in fimm. In testimony whereof I have hereunto set my bend and seal of Weste 6w* Campeau tide 25 th day of June 2007 WE8.�TrJ�RE COMPANY Fani T. BruflffV0aaiw vice fresident Farm FGXH-2W c-� CERTIFICATE OF INSURANCE OP ID DATE (MM/DD/YYYY) a_ CERTIFICATE OF LIABILITY INSURANCE PEREZ-2�j__ 06 27 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cam Fannin Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 6745 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lubbock TX 79493-6745 j Phone: 806-747-4422 Fax: 806-747-3040 INSURERS AFFORDING COVERAGE NAIC # I INSURED ? INSURER A: Colony Insurance Company ! 39993 JNI Contractors INSURER B: Jose A. Perez, Noah Perez & -- -- Enedelia Perez DBA INSURER C: 2704 N. MLK Blvd ; INSURER D: Lubbock TX 79406 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. INSR-AMD'q— LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE .POLICY EXPIRATION LIMITS DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY ;EACH OCCURRENCE $ 500000 A X X COMMERCIALGENERAL LIABILITY . GL3167625 11/21/06 11/21/07 PREMISES(Eaoccurence) ; $ 100000 j CLAIMS MADE X j_ OCCUR — ;4 ME XP (Any one person) $ 5000 ; PERSONALSADVINJURY $ 500000 GENERAL AGGREGATE $ 1000000 I GENT AGGREGATE LIMIT APPLIES PER i rG —} i - i I PRODUCTS - COMP/OP AGG E $ 1000000 ,s POLICY JECOT LOC j it AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT j $ k i ANY AUTO ' I (Ea accident) � � _ I ALL OWNED AUTOS SCHEDULED AUTOS 3 i BODILY INJURY (Per person) {I $ ( HIRED AUTOS 1 BODILY INJURY $ NON -OWNED AUTOS (Per accident) i '.PROPERTY DAMAGE $ (Per accident) ! GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO i E OTHER THAN EA ACC G $ t— r s AUTO ONLY: AGG { $ - -- �{ EXCESS/UMBRELLA LIABILITY j ' €_ EACH OCCURRENCE $ OCCUR El CLAIMS MADE i AGGREGATE ($ $ DEDUCTIBLE y $ RETENTION $ ( $ WORKERS COMPENSATION AND I TORY OMITS ( j ER EMPLOYERS' LIABILITY i i E.L. EACH ACCIDENT i i Is ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under I E.L. DISEASE - EA EMPLOYEE $ —'— SPECIAL PROVISIONS below i E.L. DISEASE - POLICY LIMIT $ OTHER 1 1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The certificate holder is shown as an Additional Insured on the Commercial General Liability policy. Includes a Waiver of Subrogation in favor of the City of Lubbock and it is further agreed that this insurance shall be primary and non-contributory but only in the event of a named insured's sole negligence. Job#RFP 07-714-B14 CERTIFICATE HOLDER CANCELLATION LUBBOCA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Lubbock NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Public Works Contracting IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ? Victor Kilman P. O. Box 2000 REPRESENTATIVES. Lubbock TX 79408 AUT RIZE REPRE$E T ACORD 25 (2001/08) © ACORD CORPORATION 1988 I CERTIFICATE OF INSURANCE RANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coveraqe in force for the following Named Insured as shown below: NAMED INSURED: PEREZ, JOSE ADDRESS OF NAMED INSURED: 2704 N MARTIN LUTHER KING BLVD, LUBBOCK, TX 79403 POLICY NUMBER 091 4556 EFFECTIVE DATE OF POLICY 2/02/07-02/02/08 DESCRIPTION OF 2005 FORD F350 VEHICLE (Including VIN) PU—VIN— 1FTWW33P95EA89841 LIABILITY COVERAGE ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person 1 MILLION Each Accident 1 MILLION b. Property Damage Each Accident 1 MILLION c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO a. Comprehensive $ 50 Deductible $ Deductible $ Deductible $ Deductible ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO b. Collision $ 200 Deductible $ Deductible $ Deductible $ Deductible EMPLOYERS NON -OWNED CAR LIABILITY COVERAGE [:1 YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES NO ❑ HIRED CAR LIABILITY COVERAGE [:1YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO FLEET - COVERAGE FOR ALL OWNED AND LICENSED MOTOR VEHICLES ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO AGENT 6561 06/27/07 nature o�Authorized Representative Title Agent's Code Number Date Name ana Aaaress oT ueruTicate roomer Name ana Aaaress oT j CITY OF LUBBOCK RODDY SIMMONS PUBLIC WORKS CONTRACTING 2124 34TH STREET BRUCE MACNAIR LUBBOCK, TX 79411 PO BOX 2000 LUBBOCK, TX 79408 INTERNAL STATE FARM USE ONLY: ❑ Reauest Dermanent Certificate of Insurance for liabilitv coverage. 122429.3 Rev. 07-26-2005 ❑ Request Certificate Holder to be added as an Additional Insured. STATE OF TEXAS KNOWN BY ALL THESE MEN PRESENTS: COUNTY OF LUBBOCK AFFIDAVIT BEFORE ME, the undersigned authoritv, on this day of , 2007, personally appeared , who, after being du y sworn, upon oath states: I. I am an independent contractor as that term is defined by Texas law. I have no employees working for me and am exempt from providing Workman's Compensation insurance. I understand the nature of the Employer -Employee relationship and understand that if I have any questions regarding the existence of such a relationship, I should contact my attorney to resolve any questions that I may have. II. I am giving this affidavit under penalty of perjury for the benefit of the City of Lubbock and acknowledge that the City of Lubbock is entitled to rely upon the statements contained therein. I also understand that in the event I employ any persons in the future that I must inform the City of Lubbock and obtain Worker's Compensation for my employees. Further Affiant sayeth not. )" �_�L /0 ( / 7 Ir" C10 r"3 AFFIANT / TRACTOR SUBSCRIBED AND SWORN TO BEFORE ME this the day of \-I 2007. TRICIA S SMITH tary Public in and for the State of Texas k Notary Public STATE OF TEXAS Commission Expires: % U My Comm. Exp. October 23, 2010 p 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 r} Commercial General Liability General Aggregate $ 11 Claims Made Products-Comp/Op AGG $ Ci Occurrence Personal & Adv. Injury $ Li Owner's & Contractors Protective Each Occurrence $ H Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY Cj Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Ll Scheduled Autos Bodily Injury (Per Accident) $ Li Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY !_I Any Auto Auto Only - Each Accident $ i j Other than Auto Only: Each Accident $ Aggregate $ tl BUILDER'S RISK 11 100% of the Total Contract Price $ ..i INSTALLATIONFLOATER $ EXCESS LIABILITY LI Umbrella Form Each Occurrence $ Aggregate $ LI Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ t I Included Statutory Limits Partners/Executive I I Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ 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. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK ^� By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. 1 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 project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; - (G) notify the governmental entity in writing by certified mail or personal delivery, within (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. CONTRACT t CONTRACT #7658 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 141h day of June, 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 JNI Contractors of the City of Lubbock, County of Lubbock 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: --. RFP #07-714-BM — HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION - $57,700 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. JNI CONTRACTORS's proposal dated May 3, 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 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. CONTRACTOR: CO�PZAC_-roe5. -rPC- By. P TED NAME: p5 ,2 TITLE: 1' 4 �=' - COMPLETE ADDRESS: Company - ° Address A 10 City, State, Zip ATTEST: Corporate Secretary t.Uy A�rj/_ ATTEST: r_Q - C��� City Sec tary APPROVEDTO Fi1 Mo 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 JNI Contractors who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative WOOD FRANKLIN, P.E., 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". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 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. 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 v, 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 3 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 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 JE21000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, Jaft9,000 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 - NOT REQUIRED. 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. 1. 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 w Code) - includes all persons or entities performing all or part of the services the Contractor has _J 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 foodibeverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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. 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. 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. 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 10 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' COMPENSATION COVERAGE "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 (httn://www twcc.state.tr-ushwcccontacts.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; r- 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. 13 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. 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 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 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 14 may withhold permanently from Contractor's total compensation, the sum of $500 (FIVE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every 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 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. 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 15 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 approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. 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 L= 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 E , 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. 16 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. 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. 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 31st 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 4 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 f Representative, Owner may remove and replace it at Contractor's expense. f 17 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. 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 18 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 (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 19 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 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. 20 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. 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 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-Piping/Boiler 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 Welder -Certified 11.00 1 Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrical Repairer -Equipment Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor -Trailer .-, Truck Driver -Heavy Truck Driver -Light EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Hourly Rate 9.00 7.50 9.00 7.50 12.50 6.50 8.00 6.50 6.00 6.75 9.00 7.00 9.00 9.00 9.00 9.00 9.00 8.00 10.25 7.00 7.50 8.50 8.00 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 Legal Holiday Rate 7 The rate for legal holidays shall be as required by the Fair Labor Standards Act. Lj Lj U L i SPECIFICATIONS HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION TECHNICAL SPECIFICATIONS MARCH 2O07 City of Lubbock Water Engineering Hancock Land Application Site Outfall Line Remediation Technical Specifications: Seal: TABLE OF CONTENTS HANCOCK LAND APPLICATION SITE OUTFALL LINE REMEDIATION DIVISION 1 — GENERAL REQUIREMENTS 01010 Summary of Work.....................................................................3 01019 Contract Considerations...............................................................1 01028 Change Order Procedures............................................................3 01039 Coordination of Meetings............................................................3 01140 Work Restrictions.....................................................................2 01300 Submittal Procedures..................................................................4 01322 Photographic Documentation........................................................2 01356 Storm Water Pollution Prevention Plan............................................3 01400 Quality Requirements..................................................................2 01500 Temporary Facilities and Controls..................................................2 01576 Waste Material Disposal..............................................................1 01700 Contract Closeout......................................................................2 DIVISION 2 — SITE WORK 02240 Dewatering..............................................................................3 02260 Excavation Support and Protection..................................................2 02300 Earthwork...............................................................................6 02317 Excavation and Backfill for Utilities.................................................8 02318 Borrow...................................................................................2 02320 Utility Backfill Materials...............................................................3 02665 Water Works Piping, Valves, and Fittings...........................................9 DIVISION 3 — CONCRETE 03300 Cast -in -Place Concrete............................................................... I I DIVISIONS 4 THROUGH 16 (NOT USED) 1 SECTION 01010 SUMMARY OF WORK PART 1— GENERAL 1.1 SUMMARY A. The OWNER is the City of Lubbock B. The Owner's representative is: a. L. Wood Franklin, P,E. Chief Water Utilities Engineer City of Lubbock (806) 745 — 2343 C. Section includes: a. Project description b. Permits and licenses c. Access to site d. Contractor's us of the premises e. Coordination requirements f. Coordination drawings g. Preconstruction meeting h. Warranty 1.2 PROJECT DESCRIPTION A. Description: Reservoir Number 3 at the Hancock Land Application Site has a leaking outfall line that must be plugged. The primary objective for the project is to construct a new outfall line that delivers water to the top of the reservoir through a concrete channel system. Major components include: a. Furnish and install 133 feet of open cut 12-inch C-900 DR-18 pipe b. Furnish and install 32 feet of open cut 12-inch Class 150 ductile iron pipe c. Furnish and install 99 feet of cement -stabilized backfill for the top twelve (12) inches of backfill for the open cut trench in the locations shown on the Plans. d. Furnish and install one (1) 15-inch P.I.P. tee and necessary accessories to connect the 15-inch P.I.P. pipeline to the 12-inch C-900 DR-18 pipe. e. Furnish and install one (1) 12-inch gate valve, Class 150 ductile iron, with a valve box. f. Furnish and install two (2) 12-inch 45-degree bends, Class 150 ductile iron. g. Furnish and install two (2) 12-inch 22.5-degree bends, Class 150 ductile iron. h. Furnish and install one (1) 12-inch Tideflex check valve, or approved equal, at the end of the exposed 12-inch ductile iron pipe. i. Furnish and install one (1) concrete channel system as depicted in the Plans. j. Cut and plug, in place, the existing 15-inch P.I.P. outfall line at the location shown on the plans and as needed elsewhere to complete the construction. k. Mobilization Hancock Land Application Site 01010-1 March 2007 Outfall Line Remediation I. Develop, implement, and maintain a Storm Water Pollution Prevention Plan (SWP3) for the project. Plan shall include implementing best management practices while under construction and all related paperwork. m. Provide and maintain a Trench Safety System as per OSHA regulations. B. The project is located at the Hancock Land Application Site located northwest of the town of Wilson. 1.3 DEFINITIONS A. Furnish: To supply products to the project site, including delivering ready for unloading and replacing damaged and rejected products. B. Install: To put products in place in the work ready for the intended use, including unloading, unpacking, handling, storing, assembling, installing, erecting, placing, applying, anchoring, working, finishing, curing, protecting, cleaning, and similar operations. C. Provide: To furnish and install products. D. Indicated: Shown, noted, scheduled, specified, or drawn, somewhere in the contract documents. 1.4 REGULATORY REQUIREMENTS A. Submit copies of all permits, licenses, and similar permissions obtained, and receipts for fees paid, to the owner directly. 1.5 ACCESS TO THE SITE AND USE OF THE PREMISES A. The space available to the Contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project, is restricted to the area shown on the site plan of the contract drawings unless the Contractor makes arrangements to use additional space with the Owner. An additional staging area will be made available if required. B. Signs: Provide signs adequate to direct traffic. 1.6 PROJECT IDENTIFICATION A. A project sign is not required. 1.7 PROJECT SCHEDULE A. The Work summarized above shall be completed within forty (40) calendar days from the date of the Notice to Proceed. There will be a $500 per day liquidated damages fee for each day that exceeds the forty (40) day limit. PART 2 — PRODUCTS Not used Hancock Land Application Site 01010-2 March 2007 Outfall Line Remediation I PART 3 — EXECUTION 3.1 PRECONSTRUCTION MEETING A. A preconstruction meeting will be held at a time and place designated by the Owner, for the purpose of identifying responsibilities of the Owner's personnel and explanation of administrative procedures. B. The Contractor shall also use this meeting for the following minimum agenda: a. Construction schedule b. Use of areas of the site c. Delivery and storage d. Safety - e. Security f. Cleaning up g. Subcontractor procedures relating to: i. Submittals ii. Change orders iii. Applications for payment iv. Record documents C. Attendees shall include: a. The Owner b. The Engineer c. The Contractor and its superintendent d. Major Subcontractors, suppliers, and fabricators e. Others interested in the work. 3.2 SECURITY PROCEDURES A. Limit access to the site to persons involved in the work. B. Provide storage for materials for which the Owner has made payments and which are stored on site. C. Secure completed work as required to prevent loss. D. Secure the site by means of fencing, security guards, or other means to prevent damage, theft, safety hazards, or other problems on the site. The use of security personnel shall be cleared with the Owner. E. See the Supplementary Conditions. 3.3 COORDINATION A. If necessary, inform each party involved, in writing, of procedures required for coordination; include requirements for giving notice, submitting reports, and attending meetings a. Inform the Owner when coordination of his work is required. B. See other requirements in other portions of the contract documents. C. Prepare the coordination drawings specified in product sections. a. Where space is limited, show plan and cross-section dimensions of space available, including structural obstructions as applicable. b. Coordinate shop drawings prepared by separate entities. c. Show installation sequence when necessary for proper installation. Hancock Land Application Site 01010-3 March 2007 Outfall Line Remediation 3.4 WARRANTY A. Contractor shall warrant 100 percent of the project for one (1) year after the date of final acceptance of the work. B. On the eleventh month from the date of final acceptance, an Owner's representative will schedule an annual inspection with the presence of the Contractor to inspect for defects and assessment of the work performed. Any work that is considered defective by the Owner's representative will be repaired. C. The Contractor shall remedy any defects in workmanship, and pay for any and all damages of any nature whatsoever resulting in defects at no cost to the Owner. END OF SECTION Hancock Land Application Site 01010-4 March 2007 Outfall Line Remediation SECTION 01019 CONTRACT CONSIDERATIONS PART 1— GENERAL 1.1 SECTION INCLUDES A. Schedule of Values B. Application for Payment 1.2 SCHEDULE OF VALUES A. Submit a printed schedule on Engineer approved Contractor's form or electronic media printout. B. Submit Schedule of Values in duplicate with five (5) days after receiving the bid tabulation. C. Revise schedule to list approved Change Orders, with each Application for Payment. 1.3 APPLICATIONS FOR PAYMENT A. Submit five (5) copies of each application on Engineer approved Contractor's form or electronic media printout. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Payment Period: Monthly, submit application for payment on or about the 10* day of each month. Applications for payment submitted later than previously described will be processed the following month. D. Include an updated construction progress schedule, materials received, and manifest. E. Submit the following along with the application for final payment: a. The documentation for the completed project. b. Signed affidavit from a Notary Public that all claims on this job have been settled and that all bills owed by the Contractor for the project including materials and labor have been paid. c. Contractor warranties for this job shall be signed and sealed by a Notary Public. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Hancock Land Application Site 01019-1 March 2007 Outfall Line Remediation SECTION 01028 CHANGE ORDER PROCEDURES PART 1— GENERAL 1.1 SECTION INCLUDES A. Submittals B. Documentation of change in Contract Sum/Price and Contract Time C. Change procedures D. Stipulated price change order E. Unit price change order F. Time and material change order G. Execution of change orders H. Correlation of Contractor submittals 1.2 RELATED SECTIONS A. Document — General Contract Conditions B. Section 01300 — Submittals: Work schedule C. Section 01700 — Contract Closeout 1.3 SUBMITTALS A. Submit the name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. B. Change Order Forms. 1.4 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in a cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: a. Origin and date of claim. b. Dates and times work was performed, and by whom. c. Time records and wage rates paid. Hancock Land Application Site 01028-1 March 2007 Outfall Line Remediation d. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 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 the Contract by issuing supplemental instructions by letter. 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. The Contractor will prepare and submit an estimate within seven (7) days. C. The Contractor may propose a change by submitting a request for change to the Engineer, describing the proposed change and its full effect on the Work, with 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. 1.6 CONSTRUCTION CHANGE AUTHORIZATION A. The Engineer may issue a document, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum/Price or Contract Time. C. Promptly execute the change in the Work. 1.7 STIPULATED PRICE CHANGE ORDER A. Based on a Proposal Request and Contractor's maximum price quotation or Contractor's request for a Change Order as approved by the Engineer. 1.8 UNIT PRICE CHANGE ORDER A. For pre -determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Construction Change Authorization. C. Changes in Contract Sum/Price or Contract Time will be computed as specified for Time and Material Change Order. 1.9 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B. The Engineer will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. I Hancock Land Application Site 01028-2 March 2007 Outfall Line Remediation 1.10 EXECUTION OF CHANGE ORDERS A. Execution of Change Order: The Engineer will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum/Price. B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Hancock Land Application Site 01028-3 March 2007 Outfall Line Remediation SECTION 01039 COORDINATION AND MEETINGS PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings: General Instructions to Bidders, General Conditions of the Agreement, and Division 1 — General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Coordination B. Field engineering C. Preconstruction meeting D. Progress meetings E. Cutting and patching 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of the Project Manual to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate space requirements and installation of electrical work as indicated diagrammatically on the Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable. C. Coordinate completion and cleanup of Work of separate Sections in preparation for Substantial Completion D. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.4 FIELD ENGINEERING A. Locate and protect survey control and reference points. B. Verify set -backs and easements, confirm drawing dimensions, and elevations. C. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. 1.5 PRECONSTRUCTION MEETING A. The Engineer will schedule a meeting after a Notice to Proceed. B. Procedures and processing of field decisions, submittals, and substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. C. Agenda: Hancock Land Application Site 01039-1 March 2007 Outfall Line Remediation LJ J a. Use of premises by Owner and Contractor b. Distribution of executed Contract Documents. c. Submission of list of Subcontractors, list of products and progress schedule. d. Designation of personnel representing the parties in Contract and the Engineer. e. Owner's requirements f. Construction facilities and controls provided by Owner g. Survey and layout h. Security and housekeeping procedures i. Schedules j. Procedures for testing k. Procedures for maintaining record documents I. Inspection and acceptance of equipment put into service during construction period D. Record minutes and distribute copies within five (5) days after meeting to participants and those affected by decisions made. 1.6 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at minimum monthly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer, as appropriate to agenda topics for each meeting. D. Agenda a. Review minutes of previous meetings b. Review of Work progress c. Field observations, problems, and decisions d. Identification of problems which impede planned progress e. Review of submittals schedule and status of submittals f. Review of off -site fabrication and delivery schedules g. Maintenance of progress schedule h. Corrective measures to regain projected schedules i. Planned progress during succeeding work period j. Coordination of projected progress k. Maintenance of quality and work standards I. Effect of proposed changes on progress schedule and coordination m. Other business related to Work. E. Record minutes and distribute copies within five (5) days to Engineer, participants, and those affected by decisions made. PART 2 — PRODUCTS Not used Hancock Land Application Site 01039-2 March 2007 Outfall Line Remediation 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. B. Examine and verify specific conditions described in individual specification sections. C. Verify that utility services are available, of the correct characteristics, and in the correct location. 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply any manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 3.3 CUTTING AND PATCHING A. Employ skilled and experienced installer to perform cutting and patching. B. Submit written request in advance of cutting or altering elements which affects: a. Structural integrity of element b. Integrity of weather -exposed or moisture -resistant elements c. Efficiency, maintenance, or safety element d. Visual qualities of sight -exposed elements e. Work of Owner or separate contractor. C. Execute cutting, fitting, and patching, including excavation and fill, to complete Work, and to a. Fit the several parts together, to integrate with other Work b. Uncover Work to install or correct ill-timed Work c. Remove and replace defective and non -conforming Work d. Remove samples of installed Work for testing e. Provide openings in elements of Work for penetrations of mechanical and electrical Work D. Execute work by methods which will avoid damage to other Work, and provide surfaces to receive patching and finishing. E. Cut rigid materials using.masonry saw or core drill. F. Restore Work with new products in accordance with requirements of Contract Documents. G. Fit Work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. H. Refinish surfaces to match adjacent finishes. For continuous surfaces, refinish to nearest intersection; for an assembly, refinish entire unit. I. Identify any hazardous condition exposed during the Work to the Engineer for decision or remedy. END OF SECTION Hancock Land Application Site 01039-3 March 2007 Outfall Line Remediation SECTION 01140 WORK RESTRICTIONS PART 1— GENERAL 1.1 SECTION INCLUDES A. Use or premises B. Special scheduling requirements C. Working period D. Utility cutovers and interruptions E. Noise restrictions F. Occupancy requirements 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and other Division 1 Specification Sections, apply to this Section. 1.3 USE OF PREMISES A. Use of site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. a. Limits: Confine construction operations to the area adjacent to or on Reservoir Number 3 at the Hancock Land Application Site. b. Entrances: Keep entrances serving premises clear and available to employees and emergency vehicles at all times, except when construction is immediately at that vicinity. Do not use these areas for parking or storage of materials. i. Schedule construction to minimize obstruction of entrances. 1.4 SPECIAL SCHEDULING REQUIREMENTS A. Have materials, equipment, and personnel required to perform the work at the site prior to the commencement of the Work. B. Permission to interrupt a utility service shall be requested in writing a minimum of five (5) calendar days prior to the desired date of interruption. C. The work under this contract requires special attention to the scheduling and conduct of the work in connection with the existing operations. Identify on the construction schedule each factor which constitutes a potential interruption to operations. 1.5 WORKING PERIOD A. Working Hours: Regular working hours shall be within a thirteen (13) hour period between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays and Sundays must be authorized by the Engineer as noted in paragraph =--- 1.5.13. The Owner reserves the right, at the Owner's discretion, to disallow work ,.i Hancock Land Application Site 01140-1 March 2007 Outfall Line Remediation when it interferes with holiday times and traffic. No work shall be performed on the following holiday periods or days: a. New Year's Day b. Good Friday Holiday c. Memorial Day Holiday d. Independence Day Holiday e. Labor Day Holiday f. Thanksgiving Day Holiday plus the day before and the three days following Thanksgiving Day. g. Christmas Week. If Christmas Day falls on Saturday, this will be defined as the week leading to Christmas Day. If Christmas Day falls on Sunday, this will be defined as the week following Christmas Day plus the Friday and Saturday prior to Christmas Day. B. Work outside Regular Hours: Work outside regular working hours requires the Engineer's approval. Make application three (3) calendar days prior to such work to allow arrangements to be made by the Engineer for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number, project title, and state that the Contractor agrees to pay the City for the related personnel expenses including salary, overtime, and benefits. Based on the justification provided, the Engineer may approve work outside regular hours. During periods of darkness, the different parts of the work shall be lighted in a manner approved by the Engineer. Lighting shall be such that it does not cause nuisance conditions. C. The Drawings contain specific requirements that affect certain areas of the work. 1.6 WATER FOR CONSTRUCTION A. Obtaining water for construction is the Contractor's sole responsibility. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Hancock Land Application Site 01140-2 March 2007 Outtall Line Remediation i SECTION 01300 SUBMITTAL PROCEDURES PART 1 — GENERAL 1.1 SECTION INCLUDES A. Submittal procedures B. Construction progress schedules C. Proposed products list D. Shop drawings E. Product data F. Samples G. Manufacturers' instructions H. Manufacturers' certificates I. Construction photographs 1.2 RELATED SECTIONS A. Section 01700 — Contract Closeout 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, Subcontractors or Suppliers; pertinent Drawings sheet and detail number(s), and specification Section number, as appropriate. C. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. a. The Owner and Engineer reserve the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. D. Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on the Owner or Engineer's receipt of submittal. a. Allow fifteen (15) days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. The Owner or Engineer will advise the Contractor when a submittal being processed must be delayed for coordination. b. If more than five (5) submittals are transmitted for review within any five (5) day period, the time allowed for review will be increased to twenty-one (21) days. c. Where concurrent review of submittals by the Engineer, Owner, or other parties is required, allow twenty-one (21) days for initial review of each submittal. d. If intermediate submittal is necessary, process it in same manner as initial submittal. Hancock Land Application Site 01300-1 March 2007 Outfall Line Remediation e. Allow fifteen (15) days for processing each resubmittal. Each resubmittal will count toward the submittal count in a five (5) day period in paragraph 1.3.D.b above. f. No extension of the Contract Time will be authorized because of failure to transmit submittals sufficiently in advance of the Work to permit processing. 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. Use only final submittals with mark indicating action taken by Owner or Engineer in connection with the construction. J. Submittals not requested will not be recognized or processed. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. C. Re -use original transmittal number and supplement with sequential alphabetical suffix for each re -submittal. PART 2 — PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. a. Number of Copies: Submit five (3) copies of each submittal, unless otherwise indicated. The five (3) copies will be retained by the Owner or Engineer. Any additional copies that the Contractor may need for his operations will be in addition to the five (3) copies required. B. Proposed Products List a. Within ten (10) days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model or catalog designation, and reference standards. b. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. C. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. a. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. b. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. c. Include notation of special coordination requirements for interfacing with adjacent work. Hancock Land Application Site 01300-2 March 2007 Outfall Line Remediation d. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 — Contract Closeout. 2.2 INFORMATION SUBMITTALS A. Manufacturer's Instructions: a. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. b. Identify conflicts between manufacturers' instructions and Contract Documents. c. Indicate special procedures, conditions requiring special attention and special environmental criteria required for application or installation. B. 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 the Engineer. PART 3 — EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for compliance with the Contract Documents. Note corrections and. field dimensions. Mark with approval stamp before submitting to the Owner or Engineer. B. Approval Stamp: Stamp each submittal with a uniform approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that the submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 OWNER AND ENGINEER'S ACTION A. General: The Owner or Engineer will not review submittals that do not bear the Contractor's approval stamp and will return them without action. B. Action Submittals: The Owner or Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. The Owner or Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: a. No exception taken b. Make correction noted c. Revise and resubmit d. Rejected e. The submittal stamp by the Owner or Engineer will also contain the following: Hancock Land Application Site 01300-3 March 2007 Outfall Line Remediation i. Checking is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Any action shown is subject to the requirements of the plans and specifications. The Contractor is responsible for confirming and correlating all quantities and dimensions; selecting fabrication processes and techniques of construction; and performing the Work in a satisfactory manner. C. Informational Submittals: The Owner or Engineer will review each submittal and will not return it, or will reject and return it if it does not comply with the requirements. END OF SECTION Hancock Land Application Site 01300-4 March 2007 Oulfall Line Remediation SECTION 01322 PHOTOGRAPHIC DOCUMENTATION PART 1 — GENERAL 1.1 SECTION INCLUDES A. This section includes administrative and procedural requirements for the following: a. Preconstruction photographs b. Periodic construction photographs B. Related Sections include the following: a. Division 1 Section "Submittal Procedures" for submitting construction photographs. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and other Division 1 Specification Sections, apply to this Section. 1.3 SUBMITTALS. A. Submit three (3) complete sets of preconstruction photographs to the Engineer. The Owner and the Engineer will retain all three (3) sets. a. Digital Images: Submit a complete set of digital image electronic files depicting the original site condition. Identify electronic media with date photographs were taken. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 PHOTOGRAPHS, GENERAL A. Field Office Prints: Retain one set of prints of preconstruction photographs, available at all times for reference. Identify photographs the same as those submitted to the Engineer. 3.2 CONSTRUCTION PHOTOGRAPHS A. Preconstruction Photographs: Before starting construction, take color W photographs of Project site and surrounding properties from different vantage points, or as directed by the Engineer. a. Take photographs to show existing conditions adjacent to the property before starting the Work. Hancock Land Application Site 01322-1 March 2007 Outfall Line Remediation b. Take photographs of existing structures either on or adjoining the property to accurately record the physical conditions at the start of construction. B. Periodic Construction Photographs: As needed to document damage either directly related to or inadvertently related to the Contractor's operations, photograph the area in question and provide to the Engineer. END OF SECTION Hancock Land Application Site 01322-2 March 2007 Outl'all Line Remediation SECTION 01356 STORM WATER POLLUTION PREVENTION MEASURES PART 1— GENERAL 1.1 GENERAL A. The Contractor shall implement, maintain, and update the Storm Water Pollution Prevention measures specified in the Storm Water Pollution Prevention Plan (SWP3) in a manner, which will meet the requirements of the Texas Pollution Discharge Elimination System (TPDES) General Permit No.TXR150000. The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, failure to adequately implement and adjust the storm water pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or any other fines or penalties assess by TCEQ or the EPA for failure to comply with any part of the permit requirements. The Contractor shall submit a Notice of Intent and a Notice of Termination independently of the Owner. B. Fines leveled against the Owner by the TCEQ or the EPA for the Contractor's failure to comply with and maintain the SWP3 shall be paid by the Contractor. 1.2 EROSION AND SEDIMENT CONTROLS A. General a. Structural measures shall be implemented to divert flows from exposed soils, temporarily store flows, or otherwise limit run-off and the discharge of pollutants from exposed areas of the site. Structural practices shall be implemented as specified in the SWP3 and in a timely manner during the construction process to minimize erosion and sediment run-off. B. Stabilized Ingress/Egress a. Stabilized access to and from the construction site will be installed by the Contractor as soon as practical and in accordance with the SWP3. b. In all cases, the Contractor shall ensure that any soil tracked off -site is cleaned from existing roads, alleys, and any adjacent properties as soon as possible. The Contractor or other responsible party shall check for any pollutants (mud, silt, sand, cement, construction materials, etc.) tracked or washed off -site and perform necessary clean-up measures at the end of each work day. C. Silt Fences/Diversion Berms a. The Contractor shall provide silt fences and/or diversion berms as a temporary structural practice to minimize erosion and sediment runoff. Silt fences and/or diversion berms shall be properly installed to effectively retain sediment immediately after completing each phase of work where erosion would occur in the form of sheet and rill erosion (e.g., clearing and grubbing, excavation, embankment, and grading.) D. Sand/Gravel Bags a. The Contractor may provide sand/gravel bags as a temporary structural practice to minimize erosion and sediment runoff. Bags shall be properly Hancock Land Application Site 01356-1 March 2007 Outfall Line Remediation placed to effectively retain sediment immediately after completing each phase of work (e.g., after clearing and grubbing in an area between a ridge and drain, bags shall be placed as work progresses, bags shall be removed/replaced/relocated as needed for work to progress in the drainage area). Sand/gravel bags must remain in good condition, or they shall be replaced. E. Site Stabilization a. The Contractor shall disturb the least amount of site area as possible. b. Stabilization measures to be implemented by the Contractor may include any of the following measures: i. Temporary or permanent seeding or sodding ii. Mulching iii. Geotextiles iv. Vegetative buffer strips v. Paving c. Stabilization measures shall be implemented in accordance with the SWP3. PART 2 — PRODUCTS 2.1 COMPONENTS FOR SILT FENCES A. Filter Fabric a. The geotextile shall comply with the requirements of ASTM D 4439, and shall consist of polymeric filaments, which are formed into a stable network such that filaments retain their relative positions. The filament shall consist of a long -chain synthetic polymer composed of at least eight -five (85) percent by weight of ester, propylene, or amide, and shall contain stabilizers and/or inhibitors added to the base plastic to make the filaments resistant to deterioration due to ultraviolet and heat exposure. Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of size (6) months of expected usable construction life at a temperature range of 0 to 120 degrees Fahrenheit. The filter fabric shall meet the following requirements: FILTER FABRIC FOR SILT FENCE PHYSICAL PROPERTY TEST PROCEDURE REQUIREMENT Grab Tensile ASTM D 4632 100 lbs. min. Elongation ASTM D 4632 30 % max. Trapezoid Tear ASTM D 4533 55 lbs. min. Permittivity ASTM D 4491 0.2 sec' AOS U.S. Std. Sieve ASTM D 4751 20 — 100 B. Silt Fence Stakes and Posts a. The Contractor may use either wooden stakes or steel posts for fence construction. Wooden stakes utilized for silt fence construction shall have a minimum cross section of two (2) inches by two (2) inches when hardwood is used and two (2) inches by four (4) inches when pine is used, and shall have a minimum length of four (4) feet. Steel posts (standard "U" or "T°' section) utilized for silt fence construction shall have a minimum weight of 1.33 pounds per linear foot and a minimum length of four (4) feet. i Hancock Land Application Site 01356-2 March 2007 Outfall Line Remediation C. Identification, Storage, and Handling a. Filter fabric shall be identified, stored, and handled in accordance with ASTM D 4873. 2.2 COMPONENTS FOR STRAW BALES A. Straw Bales a. The straw in the bales shall be stalks from oats, wheat, rye, barley, rice, or from grasses such as Byhalia, Bermuda, etc., furnished in air-dry condition. The bales shall have a standard cross section of fourteen (14) inches by eighteen (18) inches. All bales shall be either wire -bound or string -tied. The Contractor may use either wooden stakes or #3 rebars to secure the straw bales to the ground. Wooden stakes utilized for this purpose shall have minimum dimensions of two (2) inches by two (2) inches in cross section and shall have a minimum length of three (3) feet. Rebar utilized for securing straw bales shall have a minimum diameter of 3/8 of an inch and a minimum length of three (3) feet. PART 3 — EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN A. Storm Water Pollution Prevention Plan will be provided by the Contractor. The Contractor must keep a copy of the SWP3 on site at all times. B. A completed Notice of Intent (NOI) form must be submitted a minimum of forty- eight (48) hours prior to start of construction. No work will be permitted until NOI is filed. C. The SWP3 shall be continually updated as necessary to reflect current and changing conditions on site. Additional measures not specifically shown in the SWP3 may be used to control erosion from leaving the site. D. A completed Notice of Termination (NOT) form must be submitted prior to finalization of this contract. E. The Contractor shall furnish the Owner with a copy of the NOI and NOT. END OF SECTION Hancock Land Application Site 01356-3 March 2007 Outfall Line Remediation SECTION 01400 QUALITY REQUIREMENTS PART 1— GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with the Contract Document requirements. a. Specific quality control requirements for individual construction activities are specified in the sections that specify those activities. Requirements in those Sections may also cover production of standard products. b. Specified tests, inspections, and related actions do no limit the Contractor's quality control procedures that facilitate compliance with the Contract Document requirements. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and other Division I specification Sections, apply to this section. B. Divisions 2 through 16 Sections for specific test and inspection requirements. 1.3 DEFINITIONS A. Quality Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and ensure that proposed construction complied with requirements. B. Quality Control Services: Test, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction complies with requirements. Services do not include contract enforcement activities performed by the Engineer. 1.4 QUALITY CONTROL A. Owner Responsibilities: Where quality control services are indicated as Owner or Engineer's responsibility, such services may be performed by the Owner's forces. a. The Owner may elect to have own forces, or a third party testing agency, observe and report on competency of Contractor's personnel performing quality control testing, inspect and report on Contractor's quality control testing equipment and the calibration of that equipment, and inspect and report on Contractor's procedures for quality assurance of construction materials, tests, and test reports. The Owner shall notify the Contractor of reported deficiencies revealed by the above inspections and observations. The Contractor shall correct such deficiencies. Should such deficiencies Hancock Land Application Site 01400-1 Outfall Line Remediation March 2007 4 remain uncorrected, then the amount of the work represented by the deficiencies will be deemed as not conforming to the requirements of the Contract Documents and the specifications. B. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance or operations to permit assignment of personnel. Provide the following: - a. Access to the Work. b. Incidental labor and facilities necessary to facilitate tests and inspections. "j c. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. d. Facilities for storage and field curing of test samples. e. Additional associated services required of the Contractor for testing access are listed in the specification Sections. f. Delivery of samples to testing locations. g. Preliminary design mix proposed for use for material mixes that require control by testing. C. Coordination: Coordinate sequence of activities to accommodate required quality assurance and quality control services with a minimum of delay and to -' avoid necessity of removing and replacing construction to accommodate testing and inspecting. a. Schedule times for tests, inspections, obtaining samples, and similar _. activities. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction, and restore substrates and finishes. a. Provide materials and comply with installation requirements specified in other Sections of these Specifications. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of 71 patching. i B. Protect construction exposed by or for quality control service activities. C. Repair and protection are the Contractor's responsibility, regardless of the assignment of responsibility for quality control services. END OF SECTION Hancock Land Application Site 01400-2 March 2007 Outfall Line Remediation �i SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Condition of the Contract for Construction. General Conditions and Division 1 — General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, 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. 1.3 RELATED SECTIONS A. Section 01700 —Contract Closeout Requirements: Final Cleaning 1.4 TEMPORARY ELECTRICITY A. The Contractor shall provide and pay for any temporary electric service that may be needed. Exercise measures to conserve energy. B. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electrical Code. 1.5 TELEPHONE SERVICE A. Provide, maintain, and pay for telephone service to field superintendent at time of project mobilization. 1.6 TEMPORARY WATER SERVICE A. Provide, maintain, and pay for suitable quality water service required for construction operations. B. Exercise measures to conserve water. 1.7 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. Hancock Land Application Site 01500-1 March 2007 Outfall Line Remediation 1.8 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. 1.9 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. 1.10 SECURITY A. The Contractor is responsible for securing the Work from vandalism or theft. 1.11 PROGRESS CLEANING A. Maintain areas free of water materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site and dispose oil site at - intervals as required to maintain clean site. 1.12 PROJECT IDENTIFICATION A. Project sign is not required. 1.13 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 two (2) feet. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. - PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Hancock Land Application Site 01500-2 March 2007 Outfall Line Remediation SECTION 01576 WASTE MATERIAL DISPOSAL PART 1—GENERAL 1.1 SECTION INCLUDES A. Disposal of waste material and salvageable material. 1.2 RELATED SECTIONS A. Section 02317 — Excavation and Backfill for Utilities. 1.3 SUBMITTALS A. Submittals shall conform to requirements of Section 01300 — Submittal Procedures. B. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. C. Submit a copy of written permission from property owner, along with a description of property, prior to disposal of excess material adjacent to the Project. Submit a written and signed release from property owner upon completion of disposal work. Both written permission and signed release shall include hold -harmless clauses naming the City of Lubbock, Texas as the entities to be held harmless in any subsequent legal proceeding. Both property permissions and signed releases shall be attested to by a notary public. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of the Contractor and shall be removed from the job site and legally disposed of at a proper facility such as the West Texas Region Disposal Facility (WTRDF). a. Excess material may be disposed at the WTRDF. There will be a tipping fee of $28.50 per ton for construction debris and for excess uncontaminated soil. For a complete list of fees associated with the WTRDF, please go to the City's website at http://solidwaste.ci.lubbock.tx.us/disposal/disfees.htm. There will also be a fee of $15.00 per load for every truck that is not covered properly when coming to the landfill. All tipping fees shall be considered to be included in the Contractor's bid prices. B. Excess soil may be deposited on private property adjacent to the Project if approved by the Owner and when written permission is obtained from the property owner. See Paragraph 1.3.0 above. C. Waste materials may be removed at the time of final cleaning. END OF SECTION Hancock Land Application Site 01576-1 March 2007 Outfall Line Remediation SECTION 01700 CONTRACT CLOSEOUT PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Instructions to Bidders, General Conditions of the Agreement and Division 1 — General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures B. Final cleaning C. Adjusting D. Project record documents E. Operations and maintenance data F. Warranties 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 the 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. Clean site C. Remove waste and surplus materials, rubbish, and construction facilities from the site. D. 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 a. Contract Drawings b. Specifications c. Addenda d. Change Orders and other Modifications to the Contract Hancock Land Application Site 01700-1 March 2007 Outfall Line Remediation e. Reviewed 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: a. Manufacturer's name and product model and number. b. Product substitutions or alternates utilized. c. Changes made by Addenda and Modifications. E. Record Documents: Legibly mark each item to record actual construction including: a. Measured horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. b. Field changes of dimension and detail. c. Details not on original Contract Drawings. d. Changes made by Addenda and Modifications. F. Submit copies to the Engineer with claim for final Application for Payment. 1.7 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 (10) days after acceptance, listing date of acceptance as start of warranty period. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION r Hancock Land Application Site 01700-2 March 2007 Outfall Line Remediation ' SECTION 02240 DEWATERING PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General Conditions and Division 1 Specifications, apply to this Section. 1.2 SUMMARY A. This Section includes construction dewatering should the site conditions necessitate the removal of water. B. Related Sections include the following: a. Division 1 Section "Temporary Facilities and Controls" for temporary utilities and support facilities. b. Division 2 Section "Excavation Support and Protection'. 1.3 PERFORMANCE REQUIREMENTS A. Dewatering Performance: Design, furnish, install, test, operate, monitor, and maintain dewatering system of sufficient scope, size, and capacity to control ground water flow into excavations and permit construction to proceed on dry, stable ground. a. Maintain dewatering operations to ensure erosion control, stability of excavations and constructed slopes, that excavation does not flood, and that damage to subgrades and permanent structures is prevented. b. Prevent surface water from entering excavations by grading, dikes, and other means. c. Remove dewater system if no longer needed. 1.4 SUBMITTALS A. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by dewatering operations. B. Record drawings at Project closeout identifying and locating capped utilities and other subsurface structural, electrical, or mechanical conditions performed during dewatering. a. Note locations and capping depth of wells and well points. C. Field Test Reports: Before starting excavation, submit test results and computations demonstrating that dewatering system is capable of meeting performance requirements. Hancock Land Application Site 02240-1 March 2007 Outfall Line Remediation 1.5 QUALITY ASSURANCE A. Regulatory Requirements: Comply with water disposal requirements of authorities having jurisdiction. 1.6 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitting in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. B. Project Site Information: A geotechnical report has not been prepared for the Project area. This Section shall become active if the Contractor finds that dewatering operations are necessary. C. Survey adjacent structures and improvements, employing a qualified professional engineer or land surveyor, establishing exact elevations at fixed points to act as benchmarks. Clearly identify benchmarks and record existing elevations. a. During dewatering, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations for comparison with original elevations. Promptly notify the Engineer if changes in elevations occur or if cracks, sags, or other damage is evident in adjacent construction. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 PREPARATION A. Project structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by dewatering operations. a. Prevent surface water and subsurface or ground water from entering excavations, ponding on prepared subgrades, and from flooding site and surrounding area. b. Protect subgrades and foundation soils from softening and damage by rain or water accumulation. B. Install dewatering system to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. a. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. 3.2 INSTALLATION A. Install dewatering system utilizing wells, well points, or similar methods complete with pump equipment, standby power and pumps, filter material gradation, valves, appurtenances, water disposal, and surface -water controls. Hancock Land Application Site 02240-2 March 2007 Outfall Line Remediation B. Before excavating below ground water level, place system into operation to lower water to specified levels. Operate system continuously until drains, sewers, and structures have been constructed and fill materials have been placed, or until dewatering is no longer required. C. Provide and adequate system to lower and control ground water to permit excavation, construction of structures, and placement of fill materials on dry subgrades. Install sufficient dewatering equipment to drain water -bearing strata above and below bottom of foundations, drains, sewers, and other excavations. a. Do not permit open -sump pumping that leads to loss of fines, soil piping, subgrade softening, and slope stability. D. Reduce hydrostatic head in water -bearing strata below subgrade elevations of foundations, drains, sewers, and other excavations. a. Maintain piezometric water level a minimum of sixty (60) inches below surface of excavation. E. Dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. Dispose of water in a manner that avoids inconvenience to others. Provide sumps, sedimentation tanks, and other flow -control devices as required by authorities having jurisdiction. F. Provide standby equipment on -site, installed and available for immediate operation, to maintain dewatering on continuous basis if any part of system becomes inadequate or fails. If dewatering requirements are not satisfied due to inadequacy or failure of dewatering system, restore damaged structures and foundation soils at no additional expense to Owner. a. Remove dewatering system from Project Site on completion of dewatering. Plug or fill well holes with sand or cut off and cap wells a minimum of thirty-six (36) inches below overlying construction. G. Damages: Promptly repair damages to adjacent facilities caused by dewatering operations. 3.3 OBSERVATION WELLS A. Provide, take measurements, and maintain at least the minimum number of observation wells or piezometers indicated and additional observation wells as may be required by authorities having jurisdiction. B. Observe and record daily elevation of ground water and piezometric water levels in observation wells. C. Repair or replace, within twenty-four (24) hours, observation wells that become inactive, damaged, or destroyed. Suspend construction activities in areas where observation wells are not functioning properly until reliable observations can be made. Add or remove water from observation well risers to demonstrate that observation wells are functioning properly. a. Fill observation wells, remove piezometers, and fill holes when dewatering is completed. END OF SECTION Hancock Land Application Site 02240-3 March 2007 Outfall Line Remediation SECTION 02260 EXCAVATION SUPPORT AND PROTECTION PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General Conditions and Division 1 Specifications, apply to this Section. 1.2 SUMMARY A. This Section includes temporary excavation support and protection systems. 1.3 PERFORMANCE REQUIREMENTS A. Design, furnish, install, monitor, and maintain excavation support and protection system capable of supporting excavation sidewalls and of resisting soil and hydrostatic pressure and superimposed and construction loads. a. Prevent surface water from entering excavations by grading, dikes, or other means. b. Install excavation support and protection systems without damaging existing buildings, pavements, and other improvements adjacent to excavation. 1.4 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. PART 2 — PRODUCTS 2.1 MATERIALS A. General: Provide materials that are either new or in serviceable condition. B. Structural Steel: ASTM A36/A 36M, ASTM A690/A 690 M, ASTM A 992/ A 992M. C. Steel Sheet Piling: ASTM A 328/A 328M, ASTM A 572/ A 572M, or ASTM A690/ A 690M; with continuous interlocks. PART 3 — EXECUTION 3.1 PREPARATION A. Project structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards that could develop during excavation support and protection systems operations. a. Shore, support, and protect utilities encountered. Hancock Land Application Site 02260-1 March 2007 Outfall Line Remediation t B. Locate excavation support and protection systems clear of permanent construction so that forming and finishing of concrete surfaces is not impeded. C. Monitor excavation support and protection systems daily during excavation progress and for as long as excavation remains open. Promptly correct bulges, breakage, or other evidence of movement to ensure that excavation support and protection systems remain stable. D. Promptly repair damages to adjacent facilities caused by installing excavation support and protection systems. 3.2 SHEET PILING A. Before starting excavation, install one-piece sheet piling lengths and tightly interlock to form a continuous barrier. Limit vertical offset of adjacent sheet piling to sixty (60) inches. Accurately align exposed faces of sheet piling to vary not more than two (2) inches from a horizontal line and not more than I :120 out of vertical alignment. Cut tops of sheet piling to uniform elevation at top of excavation. 3.3 TRENCH BOXES A. Provide Engineer approved trench boxes sufficient for depth and width of open - cut trench. All exposed trench shall be protected. 3.4 TRENCHING PROCEDURES A. Proceed with work in an orderly fashion. Install trench bracing systems as soon as possible after opening trenches. Do not allow workers in trench prior to installing trench bracing systems. B. Backfill trenches as soon as possible after completion of work. C. Stockpile excavated materials at three (3) feet away from edge of trench. D. Maintain barricades and signage as required by State and Local codes to protect open excavations. E. Do not allow surface water to enter excavations. Properly grade areas adjacent to trench excavations to control surface drainage away from excavations. F. If cut back method is allowed by Owner and is employed, maintain a clear distance of three (3) feet from edge of cut to avoid allowing loose material to enter trench. Cut back method may not be used where there is insufficient work area to employ it. G. Do not operate heavy equipment except for trench digging or pipe laying equipment within twenty (20) feet of edge of excavation. Haul trucks, if needed, may operate closer than twenty (20) feet to trench edge provided the Contractor deems it safe to do so. 3.5 REMOVAL AND REPAIRS A. Remove excavation support and protection systems when construction has progressed sufficiently to support excavation and bear soil and hydrostatic pressures. Remove in stages to avoid disturbing underlying soils or damaging structures, pavements, facilities, and utilities. END OF SECTION Hancock Land Application Site 02260-2 March 2007 Outfall Line Remediation SECTION 02300 EARTHWORK PART 1— GENERAL 1.1 SECTION INCLUDES A. This section of the specifications refers to general excavation of various materials for subgrade preparation related to concrete placement and other miscellaneous grading items. For trenching -specific earthwork and excavations at least five (5) feet deep, refer to Section 02317 — Excavation and Backfill for Utilities. 1.2 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General Conditions and other Division 1 specifications, apply to this section. B. Related Sections include the following: a. Section 01400 — Quality Requirements b. Section 01500 — Temporary Facilities and Controls c. Section 02260 — Excavation Support and Protection d. Section 02317 — Excavation and Backfill for Utilities e. Section 02318 — Borrow f. Section 03300 — Cast -in -Place Concrete 1.3 REFERENCES A. ASTM C 136 — Sieve Analysis of Fine and Coarse Aggregates B. ASTM D 422 — Particle Size Analysis of Soils C. ASTM D 698 — Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-Ib/ft'). D. ASTM D 1140 — Amount of Material in Soils Finer than the No. 200 Sieve E. ASTM D 1556 — Density and Unit Weight of Soil in Place by the Sand -Cone Method F. ASTM D 1557 — Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lb/ft') G. ASTM D 1586 — Penetration Test and Split -Barrel Sampling of Soils H. ASTM D 2487 — Classification of Soils for Engineering Purposes (Unified Soil Classification System) I. ASTM D 2922 — Density of Soil and Soil -Aggregate in Place by Nuclear Methods J. ASTM D 3017 — Water Content of Soil and Rock in Place by Nuclear Methods K. ASTM D 4318 — Liquid Limit, Plastic Limit, and Plasticity Index of Soils 1.4 DEFINITIONS A. Backfill — Soil materials used to fill in an excavation. B. Borrow — Satisfactory soil imported from off -site for use as fill or backfill. ` C. Excavation — Removal of material encountered above subgrade elevations. i Hancock Land Application Site 02300-1 March 2007 Outfall Line Remediation a. Additional Excm,atio►: — Excavation below subgrade elevations as directed by the Engineer. Additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. b. Bulk Excavation — Excavations more than twenty (20) feet in width and pits of more than thirty (30) feet in either length or width, and not associated with trenching for pipe installation. c. Unauthorized Excavations — Excavation below subgrade elevations or beyond indicated dimensions without direction of the Engineer. Unauthorized excavation, as well as remedial work directed by the Engineer, shall be without additional compensation. D. Fill — Soil materials used to raise existing grades E. Structures — Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. F. Subgrade — Surface or elevation remain after completing excavation, or top surface of a fill or backfill immediately below sub -base, drainage fill, or topsoil materials. G. Utilities — Include on -site underground pipes, conduits, ducts, and cables. H. Suitable Material — Suitable soil materials are those meeting specification requirements. Unsuitable soils meeting specification requirements for suitable soils after treatment with lime or cement are considered suitable, unless otherwise indicated. 1. Unsatisfactory Materials — Materials, which do not comply with the requirements for satisfactory materials, are unsatisfactory. Unsatisfactory materials include man-made fills, trash, refuse, backfills from previous construction, and material classified as satisfactory which contains root or other organic matter or frozen material. The Engineer shall be notified of any contaminated materials. J. Cohesionless and Cohesive Materials — Cohesionless materials include materials classified in ASTM D 2487 as GW, GP, SW, and SP. Cohesive materials include materials classified as GC, SC, ML, CL, MH, and CH. Materials classified as GM and SM will be identified as cohesionless only when the fines are nonplastic. Testing required for classifying materials shall be in accordance with ASTM D 4318, ASTM C 136, ASTM D 422, and ASTM D 1140. K. Degree of Compaction — Degree of compaction required is expressed as a percentage of the maximum density obtained by the test procedure presented in ASTM D 698 or ASTM D 1557 as designated in the Contract Documents abbreviated as a percent of laboratory maximum density. Procedure A, B, or C shall be applied as applicable along with corrections according to ASTM D 4718. For free draining soils, use maximum reference density according to ASTM D 4253. L. Topsoil — Material suitable for topsoils obtained from offsite areas or the top three (3) feet of excavated material shall be defined as clean and uncontaminated soils capable of sustaining plant life. Hancock Land Application Site 02300-2 March 2007 Outfall Line Remediation PART 2 — PRODUCTS 2.2 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. Refer to Section 02318 — Borrow. B. Satisfactory Soils: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM, or a combination of these group symbols; free of rock or gravel larger than three (3) inches in an dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. C. Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT, or a combination of these group symbols. a. Unsatisfactory soils also include satisfactory soils not maintained within two (2) percent of optimum moisture content at time of compaction. D. Backfill and Fill: Satisfactory soil materials. E. Subgrade: Subgrade material for concrete construction shall consist of suitable native soil or off -site soil, free from vegetation or other objectionable matter. All unstable or objectionable material shall be removed from the subgrade and replaced with approved material. The material shall be suitable for forming a stable embankment and shall meet the following requirements: a. Subgrade material which does not meet the above requirements may be conditioned with lime or caliche screenings. The conditioning shall produce a uniform subgrade material which meets all of these specified subgrade requirements. PART 3 — EXECUTION 3.1 PREPARATION A. Protect structures, utilities, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. B. Provide erosion control measures to prevent erosion or displacement of soils and discharge of soil bearing water runoff or airborne dust to adjacent properties and walkways. 3.2 EXPLOSIVES A. Explosives: Obtain written permission from authorities having jurisdiction before bringing explosives to the Project site or using explosives on the Project site. a. Do not damage adjacent structures, property, or site improvements or weaken the bearing capacity of rock subgrade when using explosives. b. Explosives shall not be used in the project except as a last resort when other construction methods have failed to perform satisfactorily. Hancock Land Application Site 02300-3 March 2007 Outfall Line Remediation 3.3 STRIPPING OF TOPSOIL A. Special consideration is required for topsoil salvage in cultivated farmland. See Section 02317 — Excavation and Backfill for Utilities, and Section 02320 — Utility Backfill Materials. 3.4 EXCAVATION FOR UTILITY TRENCHES A. Refer to Section 02317 — Excavation and Backfill for Utilities. 3.5 SUBGRADE PREPARATION A. Subgrade shall be prepared in conformance with the lines and grades show on the plans, or as directed by the Engineer, by scarifying and compacting to a minimum of ninety (90) percent of Standard Proctor Density at a moisture content within four (4) percent of optimum. Subgrade shall be constructed in a maximum of eight (8) inch lifts. The total compacted thickness of the subgrade shall be six (6) inches for concrete structures. B. The compaction method for subgrade shall provide for each lift to be compacted to the specified density using appropriate equipment. At any time, the Engineer may require proof rolling to test the uniformity of compaction. 3.6 STORAGE OF SOIL MATERIALS A. Stockpile satisfactory excavated soil materials. Stockpile materials without intermixing. Place, grade, and shape stockpiles to drain surface water. a. Stockpile soil materials away from edge of excavations. Do not store within drip line of trees. 3.7 UTILITY TRENCH BACKFILL A. Refer to Section 02317 — Excavation and Backfill for Utilities. 3.8 FILL A. Preparation: Remove vegetation, topsoil, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface before placing fills. B. Plow, scarify, bench, or break up sloped surfaces steeper than one (1) vertical to four (4) horizontal so fill material will bond with existing material. C. Place and compact fill material in layers to required elevations as follows: a. Under concrete structures, use satisfactory soil material. 3.9 MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer `-' before compaction to within four (4) percent of optimum moisture content. a. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. Hancock Land Application Site 02300-4 March 2007 Outfall Line Remediation b. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds optimum moisture content by four (4) percent and is too wet to compact to specified dry unit weight. 3.10 COMPACTION OF FILLS A. Place fill materials in layers not more than eight (8) inches in loose depth for material compacted by heavy compaction equipment, and not more than four (4) inches in loose depth for material compacted by hand -operated tampers. B. Compact soil to not less than the following percentages of maximum dry unit weight according to ASTM D 698: a. Under concrete structures, scarify and recompact top six (6) inches below subgrade and compact each layer of backfill or fill material at ninety (90) percent. 3.11 OVER EXCAVATION A. The Contractor will over excavate subgrade material unsuitable as directed by the Engineer. The Contractor shall backfill the over excavation with select fill and compact to ninety (90) percent of maximum dry unit weight in accordance to ASTM D 698. Measurement for this work will be determined by the Engineer. 3.12 TESTING AND INSPECTION A. The Owner shall perform field quality control testing and inspection in conformance with Section 01400 — Quality Requirements. B. The Contractor shall allow the Owner's representative to inspect and test subgrades and each fill or backfill layer. C. If tests conducted by the Owner find that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified compaction is obtained. The Contractor shall be responsible for paying for failing tests conducted by the Owner. 3.13 GRADING A. General: Uniformly grade areas to a smooth surface free from irregular surface changes. Comply with compaction requirements and grade to cross -sections, lines, and elevations indicated. a. Provide a smooth transition between adjacent existing grades and new grades. b. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances. B. Site Grading: Finish subgrades to required elevations within the following tolerances: a. Concrete Structures: Plus or minus one (1) inch. Hancock Land Application Site 02300-5 March 2007 Outfall Line Remediation 3.1 4 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. a. Scarify or remove and replace soil material to depth as directed by the Engineer; reshape and recompact. C. Where settling occurs before the Project correction period elapses, remove finished surfacing backfill with additional soil material, compact, and reconstruct surfacing. a. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.15 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off the Owner's property according to Section 01576 — Waste Material Disposal. END OF SECTION E; Hancock Land Application Site 02300-6 March 2007 Outfall Line Remediation SECTION 02317 EXCAVATION AND BACKFILL FOR UTILITIES PART 1 — GENERAL 1.1 SECTION INCLUDES A. This section of the specifications includes information on excavation, trenching, foundation, embedment, and backfill for installation of utilities, including manholes and pipeline structures. 1.2 RELATED SECTIONS A. Drawings and General Provisions of the Contract, including General Conditions and other Division 1 specification sections apply to this section. B. Section 01300 — Submittal Procedures. C. Section 01400 — Quality Requirements. D. Section 01500 — Temporary Facilities and Controls. E. Section 02260 — Excavation Support and Protection. F. Section 02320 — Utility Backfill Materials. G. Section 02665 — Water Works Piping, Valves, and Fittings. 1.3 DEFINITIONS A. Pipe Foundation — Suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Drawings, or foundation backfill material placed and compacted in over - excavations. B. Pipe Bedding — The portion of trench backfill that extends vertically from top of foundation up to a level line at bottom of pipe, and horizontally under one-third of the pipe O.D. C. Haunching — The material placed on either side of the pipe from the foundation to the springline of the pipe for rigid wall pipe, and horizontally from one trench sidewall to opposite sidewall, excluding the bedding section as shown on the plans. D. Initial Bac>ji11— The portion of trench backfill that extends vertically from the top of haunching or cement stabilized backfill up to a level line immediately below pavement subgrade, and horizontally from on trench sidewall to opposite sidewall. E. Pipe Embedment — The portion of trench backfill that consists of bedding, haunching, and initial backfill. F. Trench Zone — The portion of trench backfill that extends vertically from top of pipe embedment up to a line immediately below pavement subgrade or up to final grade when not beneath paving. G. Backjill — Suitable material meeting specified quality requirements, placed and compacted under controlled conditions. H. Ground Water Control Systems — Installations external to trench, such as well points, eductors, or deep wells. Ground water control includes dewatering to lower ground water, intercepting seepage which would otherwise emerge from Hancock Land Application Site 02317-1 March 2007 Outfall Line Remediation side or bottom of trench excavation, and depressurization to prevent failure or heaving of excavation bottom. Refer to Section 02240 — Dewatering. 1. Sui face Water Control — Diversion and drainage of surface water runoff and rain water away from trench excavation. Rain water and surface water accidentally entering trench shall be controlled and removed as a part of excavation drainage. J. Excavation Drainage — Removal of surface and seepage water in trench by sump pumping or other approved means. K. Trench Conditions are defined with regard to the stability of trench bottom and trench walls of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill, except where structural trench support is necessary. a. Dry Stable Trench — Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressurization) for trenches extending below ground water level. b. Stable Trench with Seepage — Stable trench in which ground water seepage is controlled by excavation drainage. i. Stable Trench with Seepage in Clayey Soils — Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. ii. Stable Wet Trench in Sandy Soils — Excavation drainage is provided in the embedment zone in combination with ground water control in predominately sandy or silty soils. c. Unstable Trench — Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes soil disturbances, such as sloughing, sliding, boiling, heaving, or loss of density. L. Subtrench — Subtrench is a special case of benched excavation. Subtrench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of a Subtrench depends upon trench stability and safety as determined by the Contractor. M. Over -Excavation and Backfill — Excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on Drawings, and backfilled with foundation backfill material. N. Foundation Backfll Materials —Natural soil or manufactured aggregate of controlled gradation, to control drainage and material separation. Foundation backfill material is placed and compacted as backfill to provide stable support for bedding. O. Trench Safety Systems include both protective systems and shoring systems as defined in Section 02260 — Excavation Support and Protection P. Trench Shield (Trench Box) — A portable worker safety structure moved along the trench as work proceeds, used as a protective system and designed to withstand forces imposed on it by cave-in, thereby protecting persons within the trench. Trench shields may be stacked if so designed or placed in a series depending on depth and length of excavation to be protected. Q. Shoring System — A structure that supports sides of an excavation to maintain stable soil conditions and prevent cave-ins, or to prevent movement of the ground affecting adjacent installations or improvements. I Hancock Land Application Site 02317-2 March 2007 Outfall Line Remediation 1.4 SCHEDULING A. Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation, manhole, or other structures. 1.5 SUBMITTALS A. Conform to Section 01300 — Submittal Procedures B. Submit a written description for information only of the planned typical method of excavation, backfill placement, and compaction, including: a. Sequence of work and coordination of activities. b. Selected trench widths. c. Procedures for foundation and embedment placement and compaction. d. Procedure for use of trench boxes and other premanufactured systems while assuring specified compaction against undisturbed soils. C. Submit record of location of pipe as installed from a reference location chosen by the Contractor. Include locations of utilities encountered that are not shown on drawings or rerouted for the convenience of the Contractor, reference station chosen by Contractor for horizontal location and reference elevations from ground level. 1.6 TESTS A. The Owner will have a representative observing backfill and compaction at the construction site. Should the representative observe circumstances that warrant compaction testing, the testing shall be conducted at the Owner's expense. Any tests that fail to meet the minimum requirements stated herein shall be charged to the Contractor. PART 2 — PRODUCTS 2.1 EQUIPMENT A. Perform excavation with hydraulic excavator or other equipment suitable for achieving the requirements of this Section. B. Use only hand -operated tamping equipment until a minimum cover of twelve (12) inches is obtained over pipes, conduits, and ducts. Do not use heave compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. Do not use vibratory equipment until five (5) feet of cover over pipes, conduits, or ducts is obtained. Do not use vibratory equipment if adjacent structures are affected. C. Use trench shields or other protective systems or shoring systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. 2.2 MATERIAL CLASSIFICATIONS A. Embedment and Trench Zone Backfill Materials: Conform to classifications and product descriptions of Section 02320 — Utility Backfill Materials. Hancock Land Application Site 02317-3 March 2007 Outfall Line Remediation 2.3 ACCESSORIES A. Warning Tape: Install eighteen (18) inches below finished grade acid and alkali resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, six (6) inches wide and four (4) mils thick, continuously inscribed with a description of the utility; as follows: a. Red — Electric b. Yellow — Gas, oil, steam, and dangerous materials. c. Orange — Telephone and other communications. d. Blue — Water systems. e. Green — Sewer systems. B. Install continuously coated ten (10) gauge locating wire on top of the pipe. PART 3 — EXECUTION 3.1 INSTALLATION A. Install flexible pipe to conform to the trench details shown in the drawings. B. Install rigid pipe to conform with the trench details shown in the drawings. 3.2 PREPARATION A. Perform Work to conform with applicable safety standards and regulations. Employ a trench safety system as specified in Section 02260 — Excavation Support and Protection. B. Immediately notify the agency or company owning any existing utility line which is damaged, broken, or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. 3.3 PROTECTION A. Protect and support above grade and below grade utilities which are to remain. ...; B. Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment of facilities are indicated on the Drawings. _J C. Take measures to minimize erosion of trenches. Do not allow water to pond in trenches. Where slides, washouts, settlements, or areas with loss of density or pavement failures or potholes occur, repair, recompact, and pave those areas at not additional cost to the Owner. D. The Contractor shall locate all existing underground lines, whether or not they are shown on the Drawings, sufficiently in advance of trenching operations to prevent any damage thereto. Verification of location, size, and burial depth of existing utilities shall be the complete responsibility of the Contractor. E. The Contractor is responsible for notifying pipeline and cable utility owners of F the intention to cross said utility no less than seven (7) days prior to crossing the utility. Coordinate vertical separation requirements with utility owners and any other special construction considerations. Notify the Engineer if required changes in the vertical profile shown on the Drawings prior to constructing these changes. I lancock Land Application Site 023174 March 2007 Outfall Line Remediation f F. 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. 3.4 EXCAVATION A. Perform excavation work so that pipe, conduit, or ducts can be installed to depths and alignments shown on the Drawings. Avoid disturbing surrounding ground and existing facilities and improvements. B. Determine trench excavation widths based on the requirements shown on the plans. C. Provide sufficient space between shoring cross braces to permit equipment operations and handling of forms, pipe, embedment and backfill, and other materials. D. Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that location. Notify the Engineer and obtain instructions before proceeding. E. Shoring of Trench Walls. a. Install special shoring in advance of trench excavation or simultaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will remain laterally supported at all times. b. For all types of shoring, support trench walls in the pipe embedment zone throughout the installation. Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out behind the trench wall support. c. Unless otherwise directed by the Engineer, leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment materials. Leave rangers, walers, and braces in place as long as required to support the sheeting, which has been cut off, and the trench wall in the vicinity of the pipe zone. d. Employ special methods for maintaining the integrity of embedment or foundation material. Before moving supports, place and compact embedment to sufficient depths to provide protection of pipe and stability of trench walls. As supports are moved, finish placing and compacting embedment. e. If sheeting or other shoring is used below top of the pipe embedment zone, do not disturb pipe foundation and embedment materials by subsequent removal. Maximum thickness of removable sheeting extending into the embedment zone shall be the equivalent of a one (1) inch thick steel plate. Fill voids left on removal of supports with compacted backfill material. f. Wherever necessary to prevent caving, the trench shall be adequately supported as required by the Drawings and Specifications. The Contractor is entirely responsible for assuring that trenches are adequately supported to protect both the workers and the public. F. Use of Trench Shields. When a trench shield (trench box) is used as a worker safety device, the following requirements apply: a. Make trench excavations of sufficient width to allow shield to be lifted or pulled feely, without damage to the trench sidewalls. b. Move trench shields so that pipe, and backfill materials, after placement and compaction, are not damaged or disturbed, or the degree of compaction reduced. Hancock Land Application Site 02317-5 March 2007 Outfall Line Remediation t c. When required, place, spread, and compact pipe foundation and bedding materials beneath the shield. For backfill above bedding, lift the shield as each layer of backfill is placed and spread. Place and compact backfill materials against undisturbed walls and foundation. d. Maintain trench shield in position to allow sampling and testing to be performed in a safe manner. 3.5 HANDLING EXCAVATION MATERIALS A. Use only excavated materials which are suitable as defined in this Section and conforming with Section 02320 — Utility Backfill Materials. Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. B. Protect excess stockpiles for use on site. Maintain site conditions in accordance with Section 01500 —Temporary Facilities and Controls. 3.6 TRENCH FOUNDATION A. 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 the pipe. B. Any part of the trench excavated below grade shall be corrected by filling with approved material and compacting thoroughly. C. 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 (6) inches below grade, refilled with selected material, and thoroughly compacted. D. 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. 3.7 GROUND WATER CONTROL A. Implement ground water control according to Section 02240 — Dewatering. Provide a stable trench to allow installation in accordance with the Specifications. 3.8 PIPE EMBEDMENT, PLACEMENT, AND COMPACTION A. Immediately prior to placement of embedment materials, the bottoms and sidewalls of trenches shall be free of loose, sloughing, caving, or otherwise unsuitable soil. B. Place embedment including bedding, haunching, and initial backfill as shown on the Drawings. C. For pipe installation, manually spread embedment materials around the pipe to provide uniform bearing and side support when compacted. Do not allow materials to free -fall from heights greater than twenty-four (24) inches above top of pipe. Perform placement and compaction directly against the undisturbed soils in the trench sidewalls, or against sheeting which is to remain in place. D. Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. Hancock Land Application Site 02317-6 March 2007 ``' Outfall Line Remediation If moveable supports are used in embedment zone, lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. E. Do not damage coatings or wrappings of pipes during backfilling and compacting operations. When embedding coated or wrapped pipes, do not use crushed stone or other sharp, angular aggregates. F. Place haunching material manually around the pipe and compact it to provide uniform bearing and side support. If necessary, hold small -diameter or lightweight pipe in place with sand bags or other suitable means during compaction of haunch areas and placement beside the pipe. G. Shovel in -place and compact embedment material using pneumatic tampers in restricted areas, and vibratory -plate compactors or engine -powered jumping jacks in unrestricted areas. Compact each lift before proceeding with placement of the next lift. Water tamping and water jetting are not allowed. H. For flowable fill, such as cement stabilized backfill, vibrate flowable backfill with concrete vibrator to consolidate material under haunches. I. Install specified location tape and wire as shown on the drawings and per Section 02317 — Excavation and Backfill for Utilities 2.3.A and 2.3.B. 3.9 TRENCH ZONE BACKFILL, PLACEMENT, AND COMPACTION A. Place backfill for pipe or conduits and restore as soon as practicable. Leave only the minimum length of trench open as necessary for construction. B. Where damage to completed pipe installation work is likely to result from withdrawal of sheeting, leave the sheeting in place. Cut off sheeting two (2) feet or move above the crown of the pipe. Remove trench supports within five (5) feet from the ground surface. C. Place trench zone backfill in lifts and compact by methods selected by the Contractor. Fully compact each lift before placement of the next lift. a. Cement Stabilized BackfilULean Concrete Backfill i. Place in depths as shown on the Plans on sheet 5 of 5. The cement stabilized backfill should be placed in the top twelve (12) inches of the trench to prohibit erosion on the dam. ii. Use vibratory equipment to ensure consolidation of the CSB. b. Native Material/Borrow Material (Pipe Installation) i. Place in depths as shown on the Plans, sheet 5 of 5. ii. Use shovel slicing to ensure placement under the haunches of the pipe. iii. Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding eight (8) inches. iv. Compaction by trench sheep's foot or by vibratory equipment to a minimum of ninety (90) percent of the maximum dry density determined according to ASTM D 698. Use of vibratory equipment limited as specified in paragraph 2.I.B. v. Moisture content within two (2) percent of optimum determined according to ASTM D 698. c. Topsoil i. Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding eight (8) inches. Hancock Land Application Site 02317-7 March 2007 Outfall Line Remediation ii. Compaction by sheep's foot, by steel wheel roller, or by vibratory equipment to a minimum of ninety (90) percent of the maximum dry density determined according to ASTM D 698. Use of vibratory equipment limited as specified in paragraph 2.I.B. iii. Moisture content within two (2) percent of optimum determined according to ASTM D 698. d. Bedding Material i. Native material bedding shall be loosely placed in trench as shown on the Drawings. - 3.10 FIELD QUALITY CONTROL A. Provide excavation and trench safety systems at locations and to depths required for testing and retesting during construction at no additional cost to the Owner. B. In -place density tests of compacted pipe foundation, embedment, and trench zone backfill soil materials may be performed by the Owner at the discretion of the Owner's representative, at no cost to the Contractor for tests meeting the minimum criteria, according to ASTM D 1556, or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions. C. Recondition, recompact, and retest at Contractor's expense if tests indicate Work does not meet specified compaction requirements. For hardened cement stabilized backfill with nonconforming density, core and test for compressive strength at Contractor's expense. 3.11 DISPOSAL OF EXCESS MATERIAL A. Dispose of excess materials in accordance with requirements of Section 01576 — Waste Material Disposal. END OF SECTION Hancock Land Application Site 02317-8 March 2007 Outfall Line Remediation SECTION 02318 BORROW PART 1— GENERAL 1.1 SECTION INCLUDES A. This section of the specifications shall consist of the removal and proper utilization of materials secured from sources obtained by the Contractor and approved by the Engineer. 1.2 RELATED SECTIONS A. Drawings and General Provisions of the Contract, including General Conditions and other Division 1 specification sections apply to this section. B. Section 01400 — Quality Requirements. C. Section 02260 — Excavation Support and Protection. D. Section 02300 — Earthwork. E. Section 02317 — Excavation and Backfill for Utilities. 1.3 REFERENCES A. ASTM D 698 — Test Methods for Moisture -Density Relations of Soils and Soil - Aggregate Mixtures Using 5.5-lb. Rammer and 12 inch Drop. B. ASTM D 1556 — Test Method for Density in Place by the Sand -Cone Method. C. ASTM D 2487 — Classification and Soils for Engineering Purposes. D. ASTM D 2922 — Test Method for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth). E. ASTM D 3017 — Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). F. ASTM D 4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. G. ASTM C 136 — Sieve Analysis of Fine and Coarse Aggregates. H. ASTM D 422 — Particle Size Analysis of Soils. 1.4 DEFINITIONS A. Refer to Section 02300 — Earthwork and Section 02317 — Excavation and Backfill for Utilities. PART 2—PRODUCTS 2.1 MATERIALS A. Class A (Select Borrow): This material shall consist of sand or other suitable granular material, free from vegetation or other objectionable matter and reasonably free form lumps of earth. Hancock Land Application Site 02318-1 March 2007 Outfall Line Remediation B. Class B: This material shall consist of suitable non -swelling (soils with a plasticity index less than 20) earth material such as loam, clay, or other materials that will form a stable embankment. C. Topsoil: This material shall consist of approved topsoil material and shall be clean, friable soil capable of supporting plant life. This material shall also be free of stones and all other debris. Topsoil for a particular location shall closely match the original topsoil removed from that particular location in terms of color, Atterberg limits and texture. PART 3 — EXECUTION 3.1 METHODS OF CONSTRUCTION A. Prior to commencing this work, all erosion control and environmental measures required shall be in place. B. Use all suitable materials removed from excavation insofar as practicable. C. All complicated excavation grade work shall conform to the established alignment, grades, and cross-section required of the Contractor by the borrow pit owner. D. The Contractor shall arrange for borrow from one of the following sources: a. Existing borrow pit. b. New borrow pit. c. Surplus excavated material from a site, which has all required permits. E. The Contractor shall notify the Engineer one (1) weeks prior to opening pit to permit necessary testing for approval of materials. All borrow sites shall comply with the requirements of the permit. F. During construction, keep borrow sources drained insofar as practicable to permit final cross sections to be taken, when required. G. Maintain borrow sites to minimize the impact on the appearance of the natural topographic features and at no time create a potential hazard to the public. END OF SECTION Hancock Land Application Site 02318-2 March 2007 Outfall Line Remediation SECTION 02320 UTILITY BACKFILL MATERIALS PART 1— GENERAL 1.1 SECTION INCLUDES A. This Section of the specification covers materials related to the backfill of utilities. Included are the following: a. Native soil materials. b. Topsoil. c. Cement stabilized backfill. 1.2 RELATED SECTIONS A. Drawings and General Provisions of the Contract, including General Conditions and other Division 1 specification sections apply to this section. B. Section 01300 — Submittal Procedures C. Section 01400 — Quality Requirements D. Section 02317 — Excavation and Backfill for Utilities. 1.3 DEFINITIONS A. Refer to Section 02317 — Excavation and Backfill for Utilities. 1.4 REFENCES A. ASTM C 33 — Specification for Concrete Aggregate. B. ASTM C 40 — Test Method for Organic Impurities in Fine Aggregates for Concrete. C. ASTM C 123 — Test Method for Lightweight Pieces in Aggregate. D. ASTM C 131 — Test Method for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. E. ASTM C 136 — Test Method for Sieve Analysis of Fine and Coarse Aggregates. F. ASTM C 142 — Test Method for Clay Lumps and Friable Particles in Aggregates. G. ASTM D 698 — Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft ). H. ASTM D 1140 —Test Method for Amount of Materials in Soils Finer Than Number 200 Sieve. I. ASTM D 2487 — Classification of Soils for Engineering Purposes (Unified Soil Classification System). J. ASTM D 2488 — Standard Practice for Description and Identification of Soils (Visual -Manual Procedure). K. ASTM D 4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. L. ASTM D 4643 — Method for Determination of Water (Moisture) Content of Soil by the Microwave Oven Method. M. TxDOT Tex-101-E — Preparation of Soil and Flexible Base Materials for Testing. Hancock Land Application Site 02320-1 March 2007 Outfall Line Remediation N. TxDOT Tex- 104-E — Test Method for Determination of Liquid Limit of Soils (Part 1). O. TxDOT Tex- 106-E — Test Method — Methods of Calculating Plasticity Index of Soils. P. TxDOT Tex- 110-E — Determination of Particle Size Analysis of Soils. 1.5 TESTS A. The Owner, at the Owner's expense, may perform verification tests of backfill materials; however, failing tests will be charged to the Contractor. PART 2 — PRODUCTS 2.1 MATERIAL DESCIRPTIONS A. Native Soil Material for Backfill a. Provide backfill material that is free of stones greater than two (2) inches, free of roots, waste, debris, trash, organic material, unstable material, non - soil matter, hydrocarbons, or other contamination. B. Topsoil a. Provide topsoil material that is free of stones greater than two (2) inches, free of roots, waste, debris, trash, organic matter, unstable material, non -soil matter, hydrocarbons, or other contamination. b. Surface should be made clear of rock and other debris before planting. C. Cement Stabilized Backfill a. Cement Content — 1 1/2 sack mix per cubic yard. b. Water/Cement Ratio — 0.60. c. Maximum aggregate size shall not exceed one (1) inch diameter for backfilling sizes less than forty-eight (48) inches in diameter. PART 3 — EXECUTION 3.1 SOURCES A. Use of material encountered in the trench excavations is acceptable, provided applicable specification requirements are satisfied. if excavation material is not acceptable, provide from other approved source. B. Identify off -site sources for backfill material at least seven (7) days ahead of intended use so that the Engineer may obtain samples for verification testing. C. Obtain approval for each material source by the Engineer before delivery is started. if sources previously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. Materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements of the specifications will be rejected. Do not use material which, after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, expense for sampling and testing required to change to a different material will be at the Contractor's expense with no additional cost to the Owner. Hancock Land Application Site 02320-2 March 2007 Outfall Line Remediation 3.2 MATERIAL HANDLING A. Cement stabilized backfill shall be consolidated upon placement by using concrete vibrators to ensure filling of voids. Vibration shall not be applied to the utility pipe itself. 3.3 FIELD QUALITY CONTROL A. Quality Control a. The Engineer may sample and test backfill at: i. On -site stockpiles. ii. Materials placed in the Work. b. The Engineer may resample material at any stage of work or location if changes in characteristics are apparent. B. Quality Control Testing: The Owner's testing laboratory will provide verification testing on backfill materials, as directed by the Engineer. Samples may be taken at the source or at the production plant, as applicable. Contractor shall cooperate with the Owner and Engineer in allowing access to materials. END OF SECTION Hancock Land Application Site 02320-3 March 2007 Outfall Line Remediation SECTION 02665 WATER WORKS PIPING, VALVES, AND FITTINGS PART 1— GENERAL 1.1 WORK INCLUDED A. 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. Drawings and General Provisions of the Contract, including General Conditions and other Division 1 specification sections apply to this section. B. Section 01300 — Submittal Procedures C. Section 01400 — Quality Requirements D. Section 01500 — Temporary Facilities and Controls E. Section 02320 — Utility Backfill Materials 1.3 MATERIAL SCHEDULE A. 12-inch water line shall be polyvinyl chloride (PVC) AWWA C-900 Class 150 (DR 18) pipe or Class 150 ductile iron pipe as noted on the Plans. B. Ductile Iron Fittings (AWWA C 153) C. Gate Valves D. Valve Boxes E. Fire Hydrants (AWWA C 502) F. Mechanical Joint Restraints 1.4 SUBMITTALS A. Submit all manufacturers' data for all pipe and fittings including all pipe thickness class calculations. B. Submit affidavits of compliance with appropriate standards. C. Submit product warranties. D. Submit manufacturer's installation instructions. E. Submit manufacturer's loading, unloading, and storage requirements. F. Submit product information for pipe identification tape. G. Submit concrete mix design for concrete thrust blocking. 1.5 REFERENCES A. AWWA C 104 — Cement Mortar Lining for Ductile Iron Pipe and Fittings for Water. B. AWWA C 110 — Ductile Iron and Gray Iron Fittings, 3 inch through 48 inch, for Water. - C. AWWA C I I I — Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. Hancock Land Application Site 02665-1 March 2007 Outfall Line Remediation D. AWWA 509 — Resilient Seated Gate Valves for Water Supply. E. AWWA C 900 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 inch through 12 inch, for water distribution. F. AWWA C 905 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 inch through 48 inch, for water transmission and distribution. G. AWS B2.1 Standard for Welding Procedure and Welding Qualifications. PART 2 — PRODUCTS 2.1 GENERAL A. All pipe, fittings, and valves shall be new and of the best quality in material and workmanship. B. All pipe, fittings, and valves shall conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61. 2.2 POLYVINYL CHLORIDE (PVC) PIPE A. PVC pipe 12 inches and smaller shall be AWWA C 900, Class 150 (DR 18). B. PVC pipe shall be formed with an integral ball and shall be joined using a gasketed bell and spigot joint. Spigot ends shall be beveled and reference marked to facilitate joining and insure proper seating depth. Gaskets shall conform to ASTM F 477. The nominal joint length shall be twenty (20) feet. C. AWWA C 900 pipe shall be marked as prescribed by AWWA standards including nominal size, dimension, ratio, AWWA pressure class, manufacturer's name and code, and seal of testing agency that verified the suitability of the pipe material for potable water. D. Pipe shall meet all additional test requirements as described in AWWA C 900. 2.3 DUCTILE IRON PIPE A. Ductile Iron pipe shall be Mechanical Joint or Push -on joints. Pipe thickness shall be designed in accordance with ANSI/AWWA CI50/A21.50 and shall be based on laying conditions and internal pressure as specified by project plans. B. The pipe shall be double cement lined (1/8"), bituminous coated, 18-20 ft. lengths. Pipe shall be manufactured in full conformance with AWWA/ANSI C 151/A21.51, AW WA/ANSI C 111/A21.11 (for mechanical joints) and AWWA/ANSI CI04/A21.4 (for cement mortar lining and seal coating). 2.4 PIPE FITTINGS A. General: Pipe fittings shall be of a type and design especially suitable for use with the type of piping with which they are installed. Pressure rating of fittings shall not be less than that of the pipe. All ductile iron fittings shall have an external bituminous coating and shall be cement lined in accordance with AWWA C 104. B. Fittings shall be ductile iron and shall be mechanical joint or push -on joint unless otherwise specified or shown on the Drawings. a. 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 shall be of length and diameter required by Hancock Land Application Site 02665-2 March 2007 Outfall Line Remediation 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. C. Ductile Iron Fittings — Ductile iron fittings shall conform to AWWA C 153 110. 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. a. Unless otherwise indicated, all ductile iron fittings shall have an external bituminous coating and shall be cement -lined in accordance with the specifications for coating and lining the pipe. b. All ductile iron fittings shall be cast from the same quality of metal used in casting ductile iron pipe and shall be subjected to the same test requirements. Marking and weighing shall be as required for ductile iron pipe. c. Where flanged fittings are used, the flanges shall be of the same material as the fitting. Where bell or mechanical joint fittings are used, the bells shall be cast integrally with the fitting. Screwed -on bells will not be acceptable. 2.5 FLEXIBLE COUPLINGS AND FLANGED COUPLING ADAPTERS A. Flanged coupling adapters and flexible couplings shall be provided at the locations shown on the Drawings and at other locations required for installation of the piping system. Flanged coupling adapters will be provided with anchoring studs to provide thrust restraint. Epoxy coated sheet construction shall be used for all couplings. All bolts, nuts, and washers shall be stainless steel. 2.6 PIPE JOINTS - A. 12-inch Water: a. Push -on Joints — Push -on joints shall be as specified in AWWA Standard -' C111. b. Mechanical Joints — Mechanical joints shall be as specified in AWWA Standard C 111. 2.7 VALVES A. General: Valves that are twelve (12) inches and smaller 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: a. All gate valves shall be resilient seat or double disk parallel seat, iron body; bronze mounted throughout and shall meet all requirements of AWWA C 509. b. The valves shall be of the type of joint used in the piping. c. 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 (2) inch operating nut when valves are buried and shall be furnished with hand wheels when exposed. d. Gate valves shall be furnished with 0-ring stem packing. e. All gate valves shall be designed to withstand a working pressure of 200 psi unless otherwise noted. f. Gate valves shall be Mueller, M&H, Darling, or Clow. Hancock Land Application Site 02665-3 March 2007 Outfall Line Remediation g. All ductile iron shall conform to A536 Grade 65-45-12. Castings shall be clean and sound without defects that will impair their service. No plugging or welding of such defects will be allowed. h. Bolts shall be electro-zinc plated steel with hex heads and hex nuts in accordance with ASTM A307 and A563, respectively. i. All parts for valves furnished must be standard and completely interchangeable with valves of the same brand. Successful bidder to furnish to the Owner, upon request, a letter stating the type of valves to be installed and a letter from the manufacturer stating that the parts are standard and interchangeable. C. Check Valve: a. The check valve shall be a Tideflex Check Valve Series TF-2 or approved equal. b. An approved equal shall have stainless steel mounting bands and be constructed with a curved bill. D. Valve Boxes and Extension Stems: a. Extension stems shall be furnished on buried valves where the top of the operating nut is more than thirty-six (36) inches below finished grade. Top of the extension stem shall not be more than nine (9) inches below the top of the valve box. b. Buried valves shall be provided with cast iron valve boxes. The boxes shall be designed to fit over a section of six (6) inch C 900 PVC riser pipe, which will be used, as an extension from the top of the valve to within eight (8) inches of the ground surface. The box shall have a heavy cast iron cover marked "Water". The box shall have a flange type base, with the base being approximately four (4) inches larger in diameter than the outside diameter of the barrel of the box. The necessary length of the six (6) inch C 900 PVC riser pipe required for the extension shall be considered as a part of the box. Valve boxes shall be East Jordan Iron Works No. 8453, or approved equal. 2.8 POLYETHYLENE WRAP A. All buried valves and fittings shall be thoroughly wrapped prior to installation with a polyethylene material meeting the requirements of ASTM D 1248. The polyethylene material shall have a minimum thickness of eight (8) mils. The wrap shall be secured by two (2) inch duct tape. 2.9 JOINT RESTRAINTS (12-INCH PIPING) A. Uniflange series 1500 joint restraint for PVC pipelines or approved equal. B. Must meet all pressure testing requirements of ASTM F-1674. C. Materials must meet requirements of ASTM A-536. D. Install per manufacturer's recommendations. 2.10 CONCRETE A. Concrete shall be used for blocking 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 2,800 psi will be acceptable. Hancock Land Application Site 026654 March 2007 Outfall Line Remediation PART 3 — EXECUTION 3.1 GENERAL A. All pipe and accessories shall be unloaded, handled, laid, jointed, tested for defects and for leakage, and disinfected in the manner herein specified. 3.2 INSPECTION A. The pipe, fittings, 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 A. The Contractor shall be responsible for all material furnished and shall replace, at the Contractor's 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 A. All pipe, fittings, 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 skyways must not be skidded or rolled against pipe already on the ground. B. 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 A. 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. B. The Contractor shall verify horizontal and vertical locations of items critical to the alignment and grade of the proposed water line. Confirm compliance with the Drawings and Specifications. C. 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 IN TRENCH A. After the trench grade has been completed, all bell holes dug and the grade j inspected, the pipes and accessories may be placed in the trench. All pipe and fittings 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 a Hancock Land Application Site 02665-5 March 2007 Outfall Line Remediation prevent damage to the material in any way. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. 3.7 CLEANING AND INSPECTING A. Before lowering into the trench, the pipe shall be again inspected for defects and the pipe, while suspended, shall be lightly hammered to detect cracks. Any defective, damaged, or unsound pipe and materials shall be rejected. B. 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. C. At a time when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and no trench water shall be allowed to enter the pipe. 3.8 LAYING AND JOINTING PVC AND DUCTILE IRON PIPE 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. B. Cutting of pipe for inserting fittings or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or the cement lining. C. 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 closed by approved means, and not trench water shall be permitted to enter the pipe. D. 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. E. 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. F. Defective joints shall be repaired as directed by the Engineer. G. Flanged joints shall be used where shown on the plans. Mechanical joints, or other approved joints shall be installed with materials furnished by the manufacturer and in accordance with the manufacturer's specifications. H. Mechanical Joint Piping: The last eight (8) inches 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. a. 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. Hancock Land Application Site 02665-6 March 2007 Outfall Line Remediation b. Nuts spaced 180 degrees apart shall be tightened alternately in order to produce an equal pressure on all parts of the gland. 1. Flanged Joints: Flanged joints were 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 of best quality rubber composition sheet packing, 1/8 inch thick, of a brand and quality approved by the Engineer. a. 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. J. 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 re-laid. K. 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. L. 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 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 PLUGGING DEAD ENDS A. Standard plugs shall be inserted into the bells of all dead ends and pipes, tees, or crosses and spigot ends shall be capped. Plugs or caps shall be jointed to the pipe or fittings in the same manner used in jointing the pipe. All plugs and caps shall have horizontal, concrete thrust blocks. 3.10 FITTINGS A. 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. Concrete blocking shall be provided for all buried fittings. 3.11 SETTING VALVES, VALVE BOXES, AND FITTINGS A. General: Valves and fittings shall be set at the locations shown on the Drawings G ' and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. All valves shall be hub end as required and all valves buried in the ground shall have a cast iron or precast concrete valve box set over the valve. All valves shall be set vertical, unless otherwise specified, and shall be thoroughly checked for operation prior to installation. After pressure has been applied to the line, stuffing boxes shall be checked for operation prior to installation. After pressure has been applied to the line, stuffing boxes shall be checked and tightened if necessary. B. Valve Boxes: Valve boxes shall be firmly supported and maintained centered .., and plumb over the wrench nut of the valve, with the box cover flush with the -t surface of the ground or at such a level as directed by the Engineer. All valve boxes under pavement shall be adjusted to finished pavement grades. i Hancock Land Application Site 02665-7 March 2007 Outfall Line Remediation 3.12 CONCRETE THRUST BLOCKING A. Anchorage or Bends, Tees, and Plugs, Etc.: Reaction or thrust blocking shall be applied to all pipe lines at all tees, plugs, caps, and bends. The blocking shall be placed between solid ground and the fittings to be anchored; the area of bearing on pipe and the ground in each instance shall be sufficient to withstand the maximum thrust anticipated and as shown on the Drawings. The blocking shall be so placed that the pipe and fitting joints will be accessible for repair. B. Restrained Joints: At the Contractor's option, restrained joints may be installed on the pipe at fittings and valves in lieu of concrete thrust blocking. Pipe restraints shall be suitable for the pipe with which they are installed and shall have the ability to withstand a maximum pressure of no less than 150 psi. Pipe restraints shall be installed at all joints and fittings within the length specified on the Drawings. 3.13 EXCAVATION, TRENCHING, AND BACKFILLING A. Refer to Section 02317 —Excavation and Backfill for Utilities. 3.14 LINE TESTING A. 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 percent, but not greater than 120 percent of the pressure class of the pipe, and the minimum pressure at the highest point in the test section is not less than 85 percent of the 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 = ND(P) 7,400 where: Ductile Iron: L = SD(P) "i" 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 maximum and minimum pressures within the test section in psi Hancock Land Application Site 02665-8 March 2007 Outfall Line Remediation d. 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. 3.15 PIPE IDENTIFIERS A. Marking Tape: All pipes installed in an open trench will be identified with the appropriate color and description of three (3) inch wide pipe identification tape. Install the tape parallel to the pipe it identifies at a distance above the pipe of twelve (12) to eighteen (18) inches. Above non-metallic (PVC) pipe material, install a tape detectable with a metal detector from the top of finished grade. Install detectable tape as deep as it can be detected but no closer to the non- metallic pipe than twelve (12) inches. 3.15 CLEANUP A. 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. B. 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 areas in a presentable condition. END OF SECTION [[ Hancock Land Application Site 02665-9 March 2007 L_va' Outfall Line Remediation SECTION 03300 CAST -IN -PLACE CONCRETE PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes, but is not limited to cast -in -place concrete, including formwork, reinforcing, mix design, placement procedures, curing, and finishes. B. Cast -in -place concrete includes, but is not limited to the following: a. Foundations and footings. b. Slabs -on -grade. c. Inlets, headwalls, and wingwalls. 1.3 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash or other pozzolans, ground granulated blast -furnace slag, and silica fume. 1.4 SUBMITTALS A. Product Data: For each type of manufactured material and product indicated. B. Design Mixes: For each concrete mix, include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. a. Indicate amounts of mix water to be withheld for later addition at Project site. Water added at project site will not be permissible without paperwork showing how much water has been withheld. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed concrete work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. C. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. D. ACI Publications: Comply with the following, unless more stringent provisions are indicated: Hancock Land Application Site 03300-1 March 2007 Outfall Line Remediation a. ACI 301 — Specification for Structural Concrete b. ACI 117 — Specifications for Tolerances for Concrete Construction and Materials. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle steel reinforcement to prevent bending and damage. PART 2 — PRODUCTS 2.1 FORM -FACING MATERIALS A. Smooth -Formed Finished Concrete: Form -facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. a. Plywood, metal, or other approved panel material. B. Rough -Formed Finished Concrete: Plywood, lumber, metal, earth, or another A. approved material. Provide lumber dressed on at least two edges and one side for tight fit. C. Chamfer Strips: Wood, metal, PVC, or rubber strips, '/e by % inch, minimum. D. Form -Release Agent: Commercially formulated form -release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. a. Formulate form -release agent with rust inhibitor for steel form -facing materials. E. Form -Ties: Factory -fabricated, removable or snap -off metal or glass -fiber - reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. a. Furnish units that will leave no corrodible metal closer than one (1) inch to the place of the exposed concrete surface. _., b. Furnish ties that, when removed, will leave holes less than one (1) inch in diameter in concrete surface. - c. Furnish ties with integral water -barrier plates to walls indicated to receive damp proofing or waterproofing. 2.2 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615, Grade 60, deformed 2.3 REINFORCEMENT ACCESSORIES A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. Manufacture bar supports according to CRSI's Manual of Standard Practice from steel wire, plastic, and as follows: LA a. For concrete surfaces exposed to view, where legs of wire bar supports contact forms, use CRSI Class 1 plastic -protected or CRSI Class 2 stainless - steel bar supports. b. For slabs -on -grade, use supports with sand plates or horizontal runners where base material will not support chair legs. C. Wood, concrete, or clay blocks are not permissible. Hancock Land Application Site 03300-2 March 2007 Outfall Line Remediation B. Joint Dowel Bars: Plain -steel bars, ASTM A 615, Grade 60. Cut bars true to length with ends square and free of burrs. 2.4 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I. a. Fly Ash: ASTM C 618, Class C. B. Normal -Weight Aggregate: ASTM C 33, uniformly graded, and as follows: a. Class: Moderate weathering region, but not less than 3M. C. Water: Potable and complying with ASTM C 94. 2.5 ADMIXTURES A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water-soluble chloride ions by mass of cementitious material and to be compatible with other admixtures and cementitious materials. Do not use admixtures containing calcium chloride. B. Air -Entraining Admixture: ASTM C 260. C. Water -Reducing Admixture: ASTM C 494, Type A. D. High -Range, Water -Reducing Admixture: ASTM C 494, Type F. E. Water -Reducing and Accelerating Admixture: ASTM C 494, Type E. F. Water -Reducing and Retarding Admixture: ASTM C 494, Type D. G. Moisture Retaining Film: Dayton Superior — Sure Film J-74. 2.6 CURING MATERIALS A. Clear, Waterborne, Membrane -Forming Curing Compound: ASTM C 309, Type 1, Class B. B. Curing blankets approved by the Engineer. 2.7 REPAIR MATERIALS A. Repair Underlayment: Cement -based, polymer -modified, self -leveling product that can be applied in thicknesses from 1/8 inch and that can be feathered at the edges to match adjacent elevations. a. Cement Binder: ASTM C 150, Portland Cement or hydraulic or blended hydraulic cement as defined in ASTM C 219. b. Primer: Product of underlayment manufacturer recommended for substrate, conditions, and application. c. Aggregate: Well -graded, washed gravel, 1/8 to 1/4 inch, or coarse sand as recommended by underlayment manufacturer. d. Compressive Strength: Not less than 4100 psi at 28 days when tested according to ASTM C 109. 2.8 CONCRETE MIXES f A. Prepare design mixes for each type and strength of concrete determined by either G laboratory trial mix or field data bases, as follows: i a. Proportion normal -weight concrete according to ACI 211.1 and ACI 301. i Hancock Land Application Site 03300-3 March 2007 Outfall Line Remediation b. Proportion lightweight structural concrete according to ACI 211.2 and ACI 301. B. Standard design mix to be used unless noted otherwise, provide normal weight concrete with the following properties: a. Compressive Strength (28 days): 3000 psi b. Type I cement c. Fly Ash: Allow up to 25% of cementitious material d. Minimum Slump: 4 inches e. Maximum Slump: 6 inches f. Maximum Slump for Concrete Containing High -Range Water -Reducing Admixture: 8 inches after admixture is added to concrete with 2 to 4 inch slump. g. Maximum Water/Cementitious Materials Ratio: 0.50 h. Add air -entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of five (5) to seven (7) percent, unless otherwise indicated. C. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than Portland cement in concrete as follows: a. Fly Ash: 20 percent D. Admixtures with chloride ions are prohibited. E. Admixtures: Use admixtures according to manufacturer's written instructions. a. Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in concrete, as required, for placement and workability. b. Use water -reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions. c. Use water -reducing admixture in pumped concrete, concrete for heavy -use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a water/cementitious materials ratio below 0.50. 2.9 FABRICATING REINFORCEMENT A. Fabricate steel reinforcement according to CRSI's Manual of Standard Practice. 2.10 CONCRETE MIXING A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94, and as specified. a. When air temperature is between 85 degrees Fahrenheit and 90 degrees Fahrenheit, reduce mixing and delivery time from ninety (90) minutes to seventy-five (75) minutes, and when air temperature is above 90 degrees Fahrenheit, reduce mixing and delivery time to sixty (60) minutes. PART 3 — EXECUTION 3.1 FORMWORK A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until concrete structure can support such loads. Hancock Land Application Site 033004 March 2007 Out -fall Line Remediation B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. C. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual, as follows: a. Class B, 1/4 inch D. Construct forms tight enough to prevent loss of concrete mortar. E. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for included surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts form forming keyways, reglets, recesses, and the like, for easy removal. a. Do not use rust -stained steel form -facing material. F. Set edge of forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips, use strike -off templates, or compacting type screeds. G. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. H. Chamfer exterior corners and edges of permanently exposed concrete. I. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items. J. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. K. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. L. Coat contact surfaces of forms with form -release agent, according to manufacturer's written instructions, before placing reinforcement. 3.2 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast -in -place concrete. Use Setting Drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 3.3 REMOVING AND REUSING FORMS t_ A. General: Formwork, for sides of beams, walls, columns and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50 degree Fahrenheit for 52 hours after placing concrete provided concrete is hard enough to not be damaged by form - removal operations and provided curing and protection operations are maintained. B. Leave formwork, for beam soffits, joist, slabs, and other structural elements, that supports weight of concrete un place until concrete has achieved the following: a. At least 70 percent of 28-day design compressive strength. b. Determine compressive strength of in -place concrete by testing representative field or laboratory cured test specimens according to ACI 301. Hancock Land Application Site 03300-5 March 2007 Outfall Line Remediation C. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form -facing material will not be acceptable for exposed surfaces. Apply new form -release agent. D. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect. 3.4 SHORES AND RESHORES A. Comply with ACI 318, ACI 301, and recommendations in ACI 347R for design, installation, and removal of shoring and reshoring. B. Plan sequence of removal of shores and reshore to avoid damage to concrete. Locate and provide adequate reshoring to support construction without excessive stress or deflection. 3.5 STEEL REINFORCEMENT A. General: Comply with CRSI's Manual of Standard Practice for placing reinforcement. a. Do not cut or puncture vapor retarder. Repaid damage and reseal vapor retarder before placing concrete. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. D. All reinforcement to be in place prior to placing of concrete. Equipment will not be allowed to drive over reinforcement. 3.6 JOINTS A. General: Construction joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. a. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs. b. Form from preformed galvanized steel, plastic keyway -section forms, or bulkhead forms with keys, unless otherwise indicated. Embed keys at least 1-1/2 inches into concrete. c. Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and girders and at the top of footings or floor slabs. d. Space vertical joints in walls as indicated. Locate joints beside piers integral with walls, near corners, and in concealed locations where possible. e. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. C. Contraction Joints in Slabs -on -Grade: Form weakened -plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of concrete thickness, as follows: Hancock Land Application Site 03300-6 March 2007 Outfall Line Remediation a. Sawed Joints: Forth contraction joints with power saws equipped with shatterproof abrasive or diamond -rimmed blades. Cut 1/8 inch wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks. D. Expansion joint material shall be an approved preformed bituminous impregnated non -extruding type jointing material, meeting the requirements of AASHTO M 213. The joint material shall be 1/2 inch thick, and shaped to the section of the curb and gutter or other work. E. Sidewalk Joints: Space contraction joints at 4 feet and expansion joints every 20 feet. Expansion joints shall be placed between existing and new setting of concrete. F. Dowel Joints: Install dowel sleeves and dowels or dowel bar and support assemblies at joints where indicated. a. Use dowel sleeves or lubricate or asphalt -coat one-half of dowel length to prevent concrete bonding to one side of joint. 3.7 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. B. Do not add water to concrete during delivery, at Project site, or during placement, unless approved by the Engineer. C. Before placing concrete, water may be added at Project site, subject to limitations of ACI 301. a. Do not add water to concrete after adding high -range water -reducing admixtures to the mix. b. Water may not be added beyond the limit of water withheld from the plant. D. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete to avoid segregation. E. Deposit concrete in forms in horizontal layers no deeper than 24 inches and in a manner to avoid inclined construction joints. Place each layer while preceding layer is still plastic, to avoid cold joints. a. Consolidate placed concrete with mechanical vibrating equipment. Use equipment and procedures for consolidating concrete recommended by ACI 309R. b. Do not use vibrators to transport concrete inside forms. Inset and withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. Place vibrators to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix constituents to segregate. F. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete. a. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners. b. Maintain reinforcement in position on chairs during concrete placement. Hancock Land Application Site 03300-7 March 2007 Outfall Line Remediation c. Screed slab surfaces with a straightedge and strike off to correct elevations. d. Slope surfaces uniformly to drains where required. e. Begin initial floating using bull floats or darbies to form a uniform and open - textured surface plane, free of humps or hollows, before excess moisture or bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations. G. Hot Weather Placement: Place concrete according to recommendations in ACI 350R and as follows, when hot weather conditions exist: a. Cool ingredients before mixing to maintain concrete temperature below 90 degrees Fahrenheit at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. b. Cover steel reinforcement with water -soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. c. Fog -spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.8 FINISHING FORMED SURFACES A. Rough -Formed Finish: As -cast concrete texture imparted by form -facing material with tie holes and defective areas repaired and patched. Remove fins and other projections exceeding ACI 347R limits for class of surface specified. B. Smooth -Formed Finish: As -cast concrete texture imparted by form -facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defective areas. Remove fins and other projections exceeding 1/8 inch in height. a. Apply to concrete surfaces exposed to public view or to be covered with a coating or covering material applied directly to concrete, such as waterproofing, dampproofing, veneer plaster, or painting. C. Rubbed Finish: Apply the following to smooth -formed finished concrete: a. Smooth -Rubbed Finish: Not later than one day after form removal, moisten concrete surfaces and rub with carborundum brick or another abrasive until producing a uniform color and texture. Do not apply cement grout other than that created by the rubbing process. D. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise r , indicated. 3.9 FINISHING FLOORS AND SLABS A. General: Comply with recommendations in ACI 302.1R for screeding, L restraighting, and finishing operations for concrete surfaces. Do not wet concrete surfaces. `, B. Scratch Finish: While still plastic, texture concrete surface that has been screeded and bull -floated or darbied. Use stiff brushes, brooms, or rakes. H Hancock Land Application Site 03300-8 March 2007 Outfall Line Remediation a. Apply scratch finish to surfaces indicated and to surfaces to receive concrete floor topping or mortar setting beds for ceramic or quarry tile, Portland cement terrazzo, and other bonded cementitious floor finishes. C. Float Finish: Consolidate surface with power -driven floats or by hand floating if area is small or inaccessible to power driven floats. Restraighten, cut down high spots, and fill low spots. Repeat float passes and restraighting until surface is left with a uniform, smooth, granular texture. a. Apply float finish to surfaced indicated, to surfaces to receive trowel finish, and to floor and slab surfaces to be covered with fluid -applied or sheet waterproofing, built-up or membrane roofing, or sand -bed terrazzo. D. Trowel Finish: After applying float finish, apply first trowel finish, and consolidate concrete by hand or power -driven trowel. Continue troweling passes and Restraighten until surface is free of trowel marks and uniform in texture and appearance. Grind smooth any surface defects that would telegraph through applied coatings or floor coverings. a. Apply a trowel finish to surfaces indicated and to floor and slab surfaces exposed to view or to be covered with resilient flooring, carpet, ceramic or quarry tile set over a cleavage membrane, paint, or another thin film -finish coating system. b. Finish and measure surface so gap at any point between concrete surface and an unleveled freestanding 10-foot long straightedge, resting on two high spots and placed anywhere on the surface, does not exceed the following: i. 1/16 inch E. Trowel and Fine -Broom Finish: Apply a partial trowel finish, stopping after second troweling, to surfaces indicated, and to surfaces where ceramic or quarry tile is to be installed by either thickset or thin -set method. Immediately after second troweling, and when concrete is still plastic, slightly scarify surface with a fine broom. 3.10 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. Mix, place, and cure concrete, as specified, to blend with in -place construction. Provide other miscellaneous concrete filling indicated or required to complete Work. 3.11 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold -weather protection and with recommendations in ACI 305R for hot -weather protection during curing. B. Formed Surfaces: Cured formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. a. Leave forms in place for a minim of 3 days. b. Upon removal of forms, apply approved curing compound. C. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces, by the following method: Hancock Land Application Site 03300-9 Outfall Line Remediation March 2007 a. Concrete shall be wet cured for 3 days after concrete placement. Wet curing shall begin immediately after final finishing of slab surface and shall consist of continuous misting by sprinkler or wet burlap. b. No work will be permitted on the slab during wet curing. c. Immediately after removal of sprinkler or burlap, Contractor shall apply approved curing compound. d. During cold weather concrete placement, in lieu of wet curing, the Contractor shall place plastic sheets over the concrete surface with blankets over the plastic. Plastic shall remain in place for 3 days. D. Sealing Coat: Uniformly apply a continuous sealing coat of curing and sealing compound to hardened concrete by power spry or roller according to manufacturer's written instructions. 3.12 CONCRETE SURFACE REPAIRS A. Defective Concrete: Repair and patch defective areas when approved by the Engineer. Remove and replace concrete that cannot be repaired and patched to the Engineer's approval. B. Patching Mortar: Mix dry -pack patching mortar, consisting of one part Portland cement to two and one-half parts fine aggregate passing a No. 16 sieve, using only enough water for handling and placing. C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins, and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. a. Immediately after form removal, cut out honeycombs, rock pockets, and voids more than 1/2 inch in any dimension in solid concrete but not less than 1 inch in depth. Make edges of cuts perpendicular to concrete surface. Clean, dampen with water, and brush -coat holes and voids with bonding agent. Fill and compact with patching mortar before bonding agent has dried. Fill form -tie voids with patching mortar or cone plugs secured in place with bonding agent. b. Repair defects on surfaces exposed to view by blending white Portland cement and standard Portland cement so that, when dry, patching mortar will match surrounding color. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface. c. Repair defects on concealed formed surfaces that affect concrete's durability and structural performance as determined by the Engineer. D. Repairing Unformed Surfaces: Test unformed surfaces, such as floors and slabs, for finish and verify surface tolerances specified for each surface. Correct low and high areas. Test surfaces sloped to drain for trueness of slope and smoothness; used sloped template. a. Repair finished surfaces containing defects. Surface defects include spalls, popouts, honeycombs, rock pockets, crazing and cracks in excess of 0.01 inch wide or that penetrate to reinforcement or completely through unreinforced sections regardless of width, and other objectionable conditions. b. After concrete has cured at least 14 days, correct high areas by grinding. c. Correct localized low areas during or immediately after completing surface finishing operations by cutting out low areas and replacing with patching mortar. Finish repaired areas to blend into adjacent concrete. Hancock Land Application Site 03300-10 March 2007 Outfall Line Remediation E. F d. Correct other low areas scheduled to receive floor coverings with a repair underlayment. Prepare, mix, and apply repair underlayment and primer according to manufacturer's written instructions to produce smooth, uniform, plane, and level surface. Feather edges to match adjacent floor elevations. e. Correct other low areas scheduled to remain exposed with a repair topping. Cut out low areas to ensure a minimum repair topping depth of 1/4 inch to match adjacent floor elevations. Prepare, mix, and apply repair topping and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface. f. Repair defective areas, except random cracks and single holes I inch or less in diameter, by cutting out and replacing with fresh concrete. Remove defective areas with clean, square cuts and expose steel reinforcement with at least 3/4 inch clearance all around. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Mix patching concrete of same materials and mix as original concrete except without coarse aggregate. Place, compact, and finish to blend with adjacent finished concrete. Cure in same manner as adjacent concrete. g. Repair random cracks and single holes 1 inch or less in diameter with patching mortar. Groove top of cracks and cut out holes to sound concrete and clean off dust, dirt, and loose particles. Dampen cleaned concrete surfaces and apply bonding agent. Place patching mortar before bonding agent has dried. Compact patching mortar and finish to match adjacent concrete. Keep patched area continuously moist for at least 72 hours. Perform structural repairs of concrete, subject to Engineer's approval, using epoxy adhesive and patching mortar. Repair materials and installation not specified above may be used, subject to the Engineer's approval. END OF SECTION Hancock Land Application Site 03300-11 March 2007 Outfall Line Rcmcdiation