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HomeMy WebLinkAboutResolution - 2012-R0455 - Contract - Allen Butler Construction Inc.- Dam Erosion Contract Project - 11_29_2012 (3)Resolution No. 2012—RO455 November 29, 2012 Item No. 5.5 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10839 for John T. Montford Dam Erosion Contract Project, by and between the City of Lubbock and Allen Butler Construction, Inc. of Ransom Canyon, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on November 29, 2012 GL C. R TSON, MAYOR ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: f Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Allen Butler October 22, 2012 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE 11/29/2012 CITY OF LUBBOCK SPECIFICATIONS FOR John T. Montford Dam Erosion Control Project RFP 12-10839-MA CONTRACT 10839 PROJECT NUMBER: 8543.9241.30000 Plans & Specifications maybe obtained from THE REPRODUCTION COMPANY www.thereDroductioncompg,nX.com Phone: (806) 763-7770 ��- foy55 b'ock TE%AS' CITY OF LUBBOCK Lubbock, Texas I Page Intentionally Left Blank I ADDENDUM(S) Page Intentionally Left Blank F i city of aback TEXAS ADDENDUM #1 UP 12-10839-MA John T. Montford Dam Erosion Control Project DATE ISSUED: September 10, 2012 CLOSE DATE & T1ME: October 11, 2012, @ 3:00 P.M. CST, 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. Please be advised: 1) The Pre -Proposal is Mandatory. MANDATORY PRE -PROPOSAL MEETING For the purpose of familiarizing Offeror's with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a Mandatory pre -proposal conference will be held at September 19th, 2012 at 10:00 a.m., CM Proiect Conference Room located on the tad floor to the right of the escalator at City Hall, 1625 13'h Street, Lubbock, Texas 79401. A site visit will follow the pre- conference meeting. A second site visit has been scheduled for September 25, 2012 and 10:00 a.m. RSVP is required 24 hours in advance with Marta Alvarez at malvarez(cr�mylubbock.us or (806) 775-2572. At this site visit, prospective proposers will have the opportunity to visually inspect the Dam. Questions arising from this site visit shall not request information verbally. Questions must be directed to Marta Alvarez at www.bidsync.com or malvarez itmylubbock.us . 2) The Evaluation Criteria has been modified as follows: BASIS OF PROPOSALS AND SELECTION CRITERIA The Maximum Point value is equal to 100 points. The weight factor is 65% for Price, 30% for Contractor Qualifications, and 5% for Safety Record. 3) Mandatory Pre -Proposal Contractors Signature page. Document is attached and must be submitted with Proposal. 4) Contractor's Checklist has been modified to include the Contractors Signature page. 5) Clarification on Substitutions and Production Options must be submitted 14 Days before the closing date for approval to : Josh Kristinek, Civil Engineer Associate Water Utilities Engineering City of Lubbock, 1625 13th Street, Lubbock, Texas 79401 6) Bid Form has been corrected for Items 3 & 4. [14� 7) Under Pre -Approved Suppliers the following has been corrected: Propex Operating Company, LLC the Territory Manager is Frank Pace @ frank.pace mropexglobal.com and cell # 816.522.1884 Contech Construction Products, INC. Jason Chamberlin's email address is wrong, the correct email is jchamberlin(cDponteches.com, All,requests for acld�tibttal inform tl nor clanficzlirpn must be sul�nOF- nitte in�,w tt i and cltr�c`t c1 to City of Lubbock Marta Alvarez, Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to malvarez(a)Lnylubbock.us THANK YOU, 7?lnta r"Wf Director of Purchasing & Contract Management 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 Director of Purchasing & Contract Management if any language, mquirements, etc., or any combinations thereoff, 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 Director of Purchasing & Contract Management no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ity of lidbbock TEXAS All bidding requirements shall conform to the bidding process set forth by the City of Lubbock Purchasing Department, and shall acknowledge by signature at the bottom of this document that all requirements where met in order to qualify as a successful candidate for this project. (' Bidding Requirements: • The contractor shall attend one of two site visits that will be scheduled and posted on bidsync. a The contractors shall acknowledge an approved mat that will be allowed for installation by A the City of Lubbock and call it out on the final bid. l` Contractors Signature Date Papte Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 12-10839-MA Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid 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. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken." 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. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 4. Clearly mark the RFP number, title, due date and time and your company name and address on the outside of the envelope or container. 5. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. 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. 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOC74L SECURITYnumber. 9. Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. 10. Attended Mandatory Pre -Proposal Contractors Signature page. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 11. _ Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON- RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. (Type or Print Company Name) d': Page Intentionally Left Blank ri H �J F� PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: RFP 12-10839-MA, John T. Montford Dam Erosion Control Project 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 Request for Proposals for the construction of a John T. Montford Dam Erosion Control Project 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. ITEM DESCRIPTION QTY U/M UNIT PRICE EXTENDED NO. (+/-) AMOUNT GENERAL ITEMS 1 Mobilization - Including Contractor mobilization, insurance, 1 LS payment bond, performance bond and demobilization. 2 SWPPP - Including preparation, NOI, implementation of a SWPPP 1 LS Ian, NOT and all other work considered incidental to this item. EARTHWORK/SITE PREPRATIONS 3 Clearing/Grubbing- Including the removal of all organics, rocks, 131,164 SY vc, valve boxes, and etc. from the proposed sitespecified herein. 4 Restoration of the Dam Face - Includes the restoration the dam face 131,164 SY including: restore the grade of the dam to a 3:1 slope typical, filling washouts ranging from two feet wide and eight feet deep to minimum washout depth while bringing all earthwork across the dam face up to 90 % compaction +/- 2% optimum moisture content. 5 Road Work - Includes the rework of existing soils and restoring 3,120 LF road to 95% compaction +/- 2% optimum moisture. 6 Drainage Channel - Installation of proposed drainage channel 6,000 LF specified herein. 7 Independent Lab Testing - Contractor will be responsible for 1 LS providing an independent lab testing to perform all compaction testing as required by the specifications herein, and cylinder breaks on concrete. The City of Lubbock will not be responsible for retesting and will not Ray for non passing tests. MAT PREPRATIONANSTALLATION 8 Mat Installation - Includes the application of the dual mat system 144,280 SY s ecified herein. TOTALS LINE ITEMS 1-8 $ 1 Offeror's Initials I Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within Two Hundred and Seventy (270) CONSECUTIVE CALENDAR thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $300 (Three Hundred) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials 1� Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a 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; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract 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 Date: Authorized Signature (Printed or Typed Name) Company Address Offeror acknowledges receipt of the following addenda: City, Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date County State Zip Code Telephone: - Fax: Email: FEDERAL TAX ID or SOCIAL SECURITY No. NMBE Firm: Woman Black American I Native American Hispanic American Asian Pacific American I Other S eci LI! CA Page Intentionally Left Blank l`bbock TEXAS ADDENDUM No. 2 RFP 12-10839-MA John T. Montford Dam Erosion Control Project DATE ISSUED: September 26 2012 NEW CLOSE DATE & TIME: OCTOBER 18, 2012, @ 3:00 P.M. CST, 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. Please be advised to the following CLARIFICATION: 1) The Pre -Proposal was not mandatory only the Site Visits are mandatory; SITE VISIT: 1) A third site visit has been schedule for Monday October 1, 2012 at 10:00 a.m. RSVP is required 24 hours in advance with Marta Alvarez at malvarez(a-),mylubbock.us or (806) 775-2572. At this site visit, prospective proposers will have the opportunity to visually inspect the Dam. Questions arising from this site visit shall not request information verbally. Questions must be directed to Marta Alvarez at www.bidsync.com or malvarezAmylubbock.us. 2) The meeting site location is a convenient store called Tripp's that is across from the Lake Alan Henry entrance to the boat ramp at the lake. 3) Mandatory Site Visit Signature page must be submitted with Proposal. SUBSTATIONS AND PRODUCT OPTIONS: 1) Clarification on Substitutions and Production Options must be submitted 14 Days before the New Date for Submittals is October 4, 2012 C.O.B., closing date for approval to: Josh Kristinek, Civil Engineer Associate Water Utilities Engineering City of Lubbock,1625 13th Street, Lubbock, Texas 79401 2) Section 01630 had been revised to include: " During evaluation period of submittals, the Owner may require material suppliers to submit product samples and or request presentations for approval." City of Lubbock Marta Alvarez, Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas 79457 r 1 Questions may be faxed to (806)775-2164 or Emailed to malvarez(c�ittylubbock.us Director of Purchasing & Contract Management It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the Offeror's resnonsibility to advise the Citv of Lubbock Director of Purchasing_ &_Contract Management if anv language. requirements, etc,. or anv 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 Director of Purchasing & Contract Management no later than five(5) business days prior to the bid close date. A review of such notifications will be made. u ,.M I'J city of u oc TEXAS All bidding requirements shall conform to the bidding process set forth by the City of Lubbock Purchasing Department, and shall acknowledge by signature at the bottom of this document that l all requirements where met in order to qualify as a successful candidate for this project. Bidding Requirements: • The contractor shall attend one of two site visits that will be scheduled and posted on bidsync. • The contractors shall acknowledge an approved mat that will be allowed for installation by the City of Lubbock and call it out on the final bid. 1 Contractors Signature Date Page Intentionally Left Blank I ci of Lubbock I[115 ADDENDUM #3 RFP 12-10839-MA John T. Montford Dam Erosion Control Project DATE ISSUED: October 5, 2012 CLOSE DATE & THVIE: October 18, 2012, (a, 3:00 P.M. CST, 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. Offeror's are invited to review the following: 1) Questions and Answers from the pre -conference meeting and on bidsync.com. 2) Revised Bid Sheet 3) Revised Section 01010 4) Revised Drawing for Sheet 2 A f%° a '�pstss f `a di�tip al tnfbrmatio�r o c Niti miss ullimtted itf writ ng' and i cCed toy City of Lubbock Marta Alvarez, Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas79457 Questions may be faxed to (806)775-2164 or Emailed to malvarez(a»mvlubbock.us THANK YOU, W41& AVMWP Director of Purchasing & Contract Management 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 thg city of Lubbock Director of Purchasing & Contract Management if any language. requirements, etc.. or any combinations thereof. inadvertently restricts or limits the requirements stated in this M to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing & Contract Management no later than five (5) business days prior to the bid close date. A review of such notifications will be made. Pate Intentionally Left Blank Addendum Questions/Answers Q1. Will there be time added to final completion? Al. The proposed contract is for 270 calendar days to substantial completion. Final completion is 30 days and will begin after the substation completion. Q2. What is the percentage required for compaction? A2. Section 02300, Earthwork, section 3.3 Subgrade Preparation states that the subgrade shall be at a minimum of ninety (90) percent of standard proctor density at moisture content of plus or minus (+/-) two (2) percent of optimum moisture content. The total compacted thickness of the subgrade underneath the proposed roadway and shall be a minimum of ninety-five (95) percent standard proctor density and plus or minus (+/-) two (2) percent of optimum moisture content. Q3. Need Clarification on the calculation for materials. A3. Refer to the new bid tab sheet for revised quantities. Q4. Will seeding be required? A4. No, this project does not include seeding. Q5. What is the warranty one or two years? A5. Refer to the updated page from Section 01010 Summary of Work from this addendum. The Contractor shall warrant 100 percent of the project for two (2) years after the date of final completion. Q6. Question on Item 6 on the bid tab sheet unit is wrong. A6. Refer to the new bid tab sheet for the revised Item. Q7. Sheet 2 what is the thickness of the proposed concrete drainage channel, and what is the road width? A7. Refer to the revised drawing Sheet 2. Q8. Is a field office required? A8. No, a field office is not required but the Contractor will be allowed to have a field office if they deem it necessary. Q9. Are waste pits allowed? What needs to be hauled offl A9. There will be a designated spot onsite for the organics and for the disposal of rocks that will be approved by the City of Lubbock. Everything else must be hauled off site to an appropriate waste disposal site by the Contractor. Q10. Water hauling, can they use the water from Lake Alan Henry? A10. Yes, the Contractor will be able to use the water from Lake Alan Henry for construction purposes only specific to this project. Additional Comments: Firearms will not be permitted on site during the construction of this project. The City will prosecute to the 1 fullest extent of the law. Work will be contained at all times to an agreed upon route thru the mitigation are between the City of Lubbock and the Contractor. If the Contractor violates this agreement they will be prosecuted for trespassing in the wildlife mitigation area. Hunting is allowed but by permit only. During the hinting season no work will be allowed on Saturday or Sunday for any reason. On Friday's the Contractor must make accommodations to allow hunters access to the wildlife mitigation area and avoid disruption of wildlife as much as possible during these dates. The proposed plans and technical specifications shall not be substantially or materially altered without prior z written approval of the Texas Commission of Environmental Quality's (TCEQ) executive director. No Text 12-10839-MA ADDENDUM 3 ** REVISED** PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: RFP 12-10839-MA, John T. Montford Dam Erosion Control Project 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 Request for Proposals for the construction of a John T. Montford Dam Erosion Control Project 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. BID DESCRIPTION QTY (+/-) U/M UNIT PRICE TOTAL COST ITEM Mobilization - Including Contractor mobilization, 1 insurance, payment bond, performance bond and 1 LS $ - demobilization. SWPPP - Including preparation, NOI, 2 implementation of a SWPPP plan, NOT and all other 1 LS $ - work considered incidental to this item. Clearing/Grubbing- Including the removal of all 3 organics, rocks, pvc, valve boxes, and etc. from the 131164 SY $ - proposed sitespecified herein. Restoration of the Dam Face - Includes the restoration the dam face including: restore the grade of the dam to a 3:1 slope from existing site 4 condition starting at the openning trench, filling 131164 SY $ - washouts ranging from two feet wide and eight feet deep to minimum washout depth while bringing all earthwork across the dam face up to 90 % compaction +/- 2% optimum moisture content. 5 Fill - Includes removal of the soil from an approved 60000 CY $ - site and hauled to the site for applaiction. Road Work - Includes the rework of existing soils 6 and restoring road to 95% compaction +/- 2% 3120 LF $ - optium mosture 12-10839-MA ADDENDUM 3 7 Drainage Channel - Installation of proposed 6000 SF $ - draina a channelspecified herein. Independent Lab Testing - Contractor will be responsible for providing an independent lab testing to perform all compaction testing as required by the 8 specifications herein, and cylinder breaks on I LS $ - concrete. The City of Lubbock will not be responsible for retesting and will not pay for non 1passing tests. 1 mm ,. 9 Mat Installation - Includes the application of the 144280 SY $ - dual mat system s ecficed herein. TOTAL PROJECT AMOUNT $ - Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within Two Hundred and Seventy (270) CONSECUTIVE CALENDAR thereafter as stipulated in the specifications and other contract documents. Offeror hereby fiwther agrees to pay to Owner as liquidated damages the sum of $300 (Three Hundred) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a 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; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. 12-10839-MA ADDENDUM 3 Pursuant to Texas Local Government Code 252.043(a), a Date: 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 Authorized Signature SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date (Printed or Typed Name) City, County State Zip Code Telephone: - Fa�r• _ TAX ID or SOCIAL SECURITY No. 1 M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) Page Intentionally Left Blank SECTION 01010 SUMMARY OF WORK PART 1— GENERAL A. The OWNER is the City of Lubbock B. The Owner's representative is: a. John Turpin P.E. Chief Water Utilities Engineer City of Lubbock (806) 745 — 2342 C. Section includes: a. Project description b. Permits and licenses c. Access to site d. Contractor's use of the premises e. Coordination requirements f. Coordination drawings g. Preconstruction meeting h. Warranty 1.2 PROJECT DESCRIPTION A. Description: This project is for the clearing, grubbing, reworking of existing soils returning the dam to its original slope, improving the existing road, drainage, and the application of a proposed soil erosion protection system at the John T. Montford Dam at Lake Alan Henry. a. The clearing, grubbing, and dam face restoration will encompass the removal of all native landscape without compromising the dam surface. This phase also includes reworking existing soils to recapture the initial typical slope of 3:1, during this phase there will be washout repairs that shall be filled. All disturbed earthwork will require being a minimum of 90 % and +/- 2% of optimum moisture content for the standard compaction this includes all washout, trenches, etc. that are filled and or cut. All lifts will have a maximum height of eight (8) inches for compacting purposes. b. The application of the permanent protection of geotextile mat will require installation specified in the plans, specifications, and as per manufactures recommendations. c. This contract also includes the removal of the existing drainage channel and replacing with a new structure specified in the plans and specifications. 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, John T. Montford Dam: 01010-1 August, 2012 Erosion Control Proejct 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 - SWPPP, 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 designed by the Owners Representative. An additional staging area will be made available for the housing of materials and equipment used during construction for this project. 1.6 PROJECT IDENTIFICATION A. A project sign shall be placed at the entrance to the Lake Alan Henry Dam prominently displaying the City of Lubbock logo, project name, project price, and the Contractor name and emergency contact number. B. Contractor shall provide sign at Contractor's expense. C. Contractor shall supply necessary tools, equipment, and labor to erect sign at Contractor's expense. D. Contractor shall be responsible for removal and proper disposal of sign upon final completion. 1.7 PROJECT SCHEDULE A. The Work summarized above shall be completed within 270 calendar days from . the date of the Notice to Proceed. There will be a $300.00 per day liquidated damages for each day that exceeds the 270 day limit. B. Within five business day after the date of the Substantial Completion Certificate, the Engineer and appointed inspector shall issue a Final Punch List of items to be corrected prior to Final Completion. Punch list items shall be complete within 30 calendar days from the date of the Final Punch List. There shall be $200 day liquidated damages assessed for each day that exceeds the 30 day limit. PART 2 — PRODUCTS Not used �> John T. Montford Dam: Erosion Control Proejct 01010-2 August, 2012 PART 3 — EXECUTION 3.1 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. 3.2 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 and ceilings as applicable. b. Coordinate shop drawings prepared by separate entities. c. Show installation sequence when necessary for proper installation. A. Contractor shall warrant 100 percent of the project for two (2) years 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 Li� John T. Montford Dam: 01010-3 August, 2012 Erosion Control Proejct f_ Page IntentionaUY Left Blank Ali, � EI Page Intentionally Left Blank L 12-10839-MA ADDENDUM 3 ** REVISED** PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: RFP 12-10839-MA, John T. Montford Dam Erosion Control Project 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 Request for Proposals for the construction of a John T. Montford Dam Erosion Control Project 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. BID ITEM DESCRIPTION QTY (+/-) U/M UNIT PRICE TOTAL COST Mobilization - Including Contractor mobilization, 1 insurance, payment bond, performance bond and 1 LS $ - demobilization. SWPPP - Including preparation, NOI, 2 implementation of a SWPPP plan, NOT and all other 1 LS $ work considered incidental to this item. em Clearing/Grubbing- Including the removal of all 3 organics, rocks, pvc, valve boxes, and etc. from the 131164 SY $ proposed sitespecified herein. Restoration of the Dam Face - Includes the restoration the dam face including: restore the grade of the dam to a 3:1 slope from existing site 4 condition starting at the openning trench, filling 131164 SY $ - washouts ranging from two feet wide and eight feet deep to minimum washout depth while bringing all earthwork across the dam face up to 90 % compaction +/- 2% optimum moisture content. 5 Fill - Includes removal of the soil from an approved 60000 CY $ site and hauled to the site for applaiction. Road Work - Includes the rework of existing soils 6 and restoring road to 95% compaction +/- 2% 3120 LF $ - optium mosture 1 12-10839-MA ADDENDUM 3 7 Drainage Channel - Installation of proposed 6000 SF $ drainage channel specified herein. Independent Lab Testing - Contractor will be responsible for providing an independent lab testing to perform all compaction testing as required by the 8 specifications herein, and cylinder breaks on 1 LS $ - concrete. The City of Lubbock will not be responsible for retesting and will not pay for non passing tests. O. WI 9 Mat Installation - Includes the application of the 144280 SY $ - dual mats stems ecficed herein. TOTAL PROJECT AMOUNT $ - Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within Two Hundred and Seventy (270) CONSECUTIVE CALENDAR thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $300 (Three Hundred) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with t instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. r, The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the r� proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute t all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a 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; otherwise, said check or bond shall be returned to the undersigned upon demand. !l Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract 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 Date: 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 Auth SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Woman Black American Hispanic American Asian Pacific American 12-10839-MA ADDENDUM 3 Signature (Printed or Typed Name) Company ICity, County Zip Code TAX ID or SOCIAL SECURITY No. Native American Other (Specify) I I Page Intentionally Left Blank mpntm ir spAcm 0 S8EFlSUFUE4 0 1 0. XKINAL TPJ3401 0 0 7-L U­il ..... . .... REVISIONS TROCH TO BE BADOPILUED Rpm TRENCH TO BE BAORUB)n WffHCDNPACTEDWLTO WnHMMACTWSOILTO 90% .2% opnmm /Hpmm 90% +2% opnm TIAMINATE"NHONWOVEN— PIN ATGROUNDEMATM L I t I I LEGEND T-C mnommmm Sit Typ GEOFECII14TY9. j ISSTEELPIR -\I STEEL WASHER 7—Ir FIR --IVSTE3ELFA STEEL P rip 3' _4" SSE FK;JRE 4 SEE FASURE 4 rp "T" 3 TBUO&ALTISENKNSLOPSMAIL 4 mgu--- 5 FIN PATTERN XT.S. N.T.S. &T.S., 3DW CVVAAPPM BXE mox7v .GuwtAL"DTB 4'MTV 0 0 XTYP 0 HEW PERFORKANCETURF REINFONCED MT (HFT" HMUVRESZS7Mr(UV) SITE FREPATATION -GRADEAND CI)MRACTAMASCHRECTEI) BYTECIMUCALSFECS. SUBGRADE SHALLBEUNIFORM ANDSMODTHLRBOMALLROM CL(ft VEGETATM DROTHER MWTS So THE INSTAILM MAT WELL HAYS DIRECT COMACT WITH SMSURFACIEL 6 504"TW CHECK SLDT INSTALLATIONONSOR.Sum OOUARDS4040M OF BOLLARDS BWAVAM A 7-0'Y YV PUNINUM INITIAL TRENCH Y-V OVER ME CREST OF SLOPE (SEE DETAIL 2). INSTALL TOP IW OF HAT WO 710" AND SWIM TO ECT" UW4 p", SPIECIFIll) efififf IS IN MAXMWK IlACXFILL AND CDWACTSOL INTO TREHCH ENDERO MDETAILIN 7LETS LWJOLL PAT DOWN SL0AE WHILEMUWAINIM INTIMATE CWtACrWrrHl THE -DDWNMU SDIL SECURE MY TO GROUND SURFACE USM FINSATFASQU84CUM -0WRIAP SPISMIED IN DIFTARS I,5,VAQ D. -r-O mom SHINMe 80 OF ROLL OVERLAP DOWNSIUM AND MM ACCORDING TO DFIALL 7. EDGE CVERLAFS SHALL ft V IN P7NIMU14 ANDSIECUERE USING FINSATTHE FMLDWING REQUBLY. -PINS-EVERY LZ IN MAO" ALONG THE WSIE OVERLAP EM OVERLAPS ARE SHINGLED AWAY FROM PREVAILING Wm (SIX DUAL IN • EXCAVATE A 7-&'. 7-V TERMIML TRENCH AT TOE OF SLOPE (SEE DETAU. 3). •PLACE BOTTOM END OF FIAT DITTO TEDIUM TRENCH AT TOE OF SLOPE. AND SECURE TO BOTMN CFTRENCH UESM PUG SPECIFIED FMW r IN Kk%UQK aACKFILL AND ODHFACT SILL INTO TRENCH M DETAIL 3), act IF TIE POTENTIAL FOR STANDINKI ANOM FLDWM WATER EXISTS AT THE. TM OF SLOPE, THEE 7MMM TROXX At THE ME DUAL Cm DUAL 3) 15 Nff SUFFICIENT. COWLrTWPRO]rLTEWFMnMAPPROPRWMDErAD- -IF EQUIMM WlJST0PVAll0NTHEKftT, P&MMSUREMSOFTHERIMM, Taw TM Ir NOTRAOWEWMWOR"MTUMARE&LMMOMTKKRT. •AVMAWTPAMCOWM7MK%TWLOOSEORWffSDLCONMnMOaST, Ir0FC"AClW&%SET0M r DAMAGED SEMONS SCH.COMPACTED REPAMM IM OR HOU&MMM SH%= BE PATCHED WITH 1001TICAL VATTM TO 90% -./- 2% MATBtLAL.KW,aRMUYQff%RTKWUM=MNWMIAVOL OFTIMUM "CKSTURE THEN AMACE ANDCOWACrSCILTO THE EIVTH ATMN OF ESURRIUNDLK QN : CMD SUBGRAMAND FLAMTSM CUT A PSEMOF REKA04M FAMOLAMINIK" OF 12 IN LARGER THAX7HIE REPOR MAR. USET1670 ATTACH THE RVLACSKEXT 8 mv AID com CHAHHEI. gVERTICALCIRSITCHOr MATERIAL TO THE BGrnN3 MATERIAL ATOVERLAPS, THE UPSIM KATERIAL NI SMILE) BE ONIM. SECUlUETHEREPLACDWR MATERIAL WITH GROUND TIE DOWN DEVICES SPACED EVERY 6 Vi AROM THECIRCUHFERM OF THE REPAIRANDAT. THE FREQLVKYAND SPACING SOWN mTmm FAnvA (sm DUAL n Dlr�Tm NOTE., .............. ---------- CONTRACTOR SHALL CONTACT DlrTESS 0- FOR NO /S.LM LATER THAN TWO FULL WOPJaNG DAYS PRIOR TO COMMENCING GRADING/ PAVINGICONSTRUCT70N. /PATOVERLAY 3,1 0 Lubbock TINAt 3.0. 112012 RFP 912-10839-MA C.I.P. #85439241-30000 DESIGNED BY: X DRAWN BY: AD CKEOCED BY: IT SCALE: I"-200' PREVAILING WIND DATE: AUGUST 2012 EARTHWORK AND MAT PLACEMENT ioSECTIONCUTOPMAT N.T.S. DRAWING 7T SHEET 2 OF'9 Page Intentionally Left Blank 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. John Turpin P.E. Chief Water Utilities Engineer City of Lubbock (806) 745 — 2342 C. Section includes: a. Project description b. Permits and licenses c. Access to site d. Contractor's use of the premises e. Coordination requirements f. Coordination drawings g. Preconstruction meeting h. Warranty 1.2 PROJECT DESCRIPTION A. Description: This project is for the clearing, grubbing, reworking of existing soils returning the dam to its original slope, improving the existing road, drainage, and the application of a proposed soil erosion protection system at the John T. Montford Dam at Lake Alan Henry. a. The clearing, grubbing, and dam face restoration will encompass the removal of all native landscape without compromising the dam surface. This phase also includes reworking existing soils to recapture the initial typical slope of 3:1, during this phase there will be washout repairs that shall be filled. All disturbed earthwork will require being a minimum of 90 % and +/- 2% of optimum moisture content for the standard compaction this includes all washout, trenches, etc. that are filled and or cut. All lifts will have a maximum height of eight (8) inches for compacting purposes. b. The application of the permanent protection of geotextile mat will require installation specified in the plans, specifications, and as per manufactures recommendations. c. This contract also includes the removal of the existing drainage channel and replacing with a new structure specified in the plans and specifications. 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, } John T. Montford Dam: 01010-1 August, 2012 Erosion Control Proejct I 1 applying, anchoring, working, finishing, curing, protecting, cleaning, and similar operations. C. Provide: To finish and install products. D. Indicated: Shown, noted, scheduled, specified, or drawn, somewhere in the contract documents. 1.4 REGULATORY REQUIREMENTS - SWPPP, 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 designed by the Owners Representative. An additional staging area will be made available for the housing of materials and equipment used during construction for this project. 1.6 PROJECT IDENTIFICATION A. A project sign shall be placed at the entrance to the Lake Alan Henry Dam prominently displaying the City of Lubbock logo, project name, project price, and the Contractor name and emergency contact number. B. Contractor shall provide sign at Contractor's expense. C. Contractor shall supply necessary tools, equipment, and labor to erect sign at Contractor's expense. D. Contractor shall be responsible for removal and proper disposal of sign upon final completion. 1.7 PROJECT SCHEDULE A. The Work summarized above shall be completed within 270 calendar days from the date of the Notice to Proceed. There will be a $300.00 per day liquidated damages for each day that exceeds the 270 day limit. B. Within five business day after the date of the Substantial Completion Certificate, the Engineer and appointed inspector shall issue a Final Punch List of items to be corrected prior to Final Completion. Punch list items shall be complete within 30 calendar days from the date of the Final Punch List. There shall be $200 day liquidated damages assessed for each day that exceeds the 30 day limit. PART 2 — PRODUCTS Not used John T. Montford Dam: 01010-2 August, 2012 Erosion Control Proejct PART 3 — EXECUTION 3.1 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. 3.2 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 and ceilings as applicable. b. Coordinate shop drawings prepared by separate entities. c. Show installation sequence when necessary for proper installation. 3.3 WARRANTY A. Contractor shall warrant 100 percent of the project for two (2) years 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 John T. Montford Dam: 01010-3 August, 2012 Erosion Control Proejct Page Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 12-10839-MA Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. Thecontractor is only to submit (1) one original copy of every item listed. 1.y Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid 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. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken." 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. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 4. Clearly mark the RFP number, title, due date and time and your company name and address on the outside of the envelope or container. 5.r� Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. an sign the CITY OF LUBBOCK INSURANCE REQUIREMENT T. cue a signature of the agent or ro er. m al. 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 8. �� Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. 10. + Attended Mandatory Pre -Proposal Contractors Signature page. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 11. _ Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON- RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. QW+lee CGJS 1. , xMc_ (Type or Print Company Name) Page Intentionally Left Blank I H INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS LOCAL GOVERNMENT CODE § 2267 4. PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS 5. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS 6. PAYMENT BOND 7. PERFORMANCE BOND 8. CERTIFICATE OF INSURANCE 9. CONTRACT 10. GENERAL CONDITIONS OF THE AGREEMENT 11. DAVIS-BACON WAGE DETERMINATIONS 12. SPECIAL CONDITIONS (IF APPLICABLE) 13. SPECIFICATIONS I Page Intentionally Left Blank I I m I NOTICE TO OFFERORS I I Paue Intentionally Left Blank NOTICE TO OFFERORS RFP 12-10839-MA Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m. on October 11, 2012 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: "John T. Montford Dam Erosion Control Project" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 3:00 p.m. on October 11, 2012, -and the City of Lubbock City Council will consider the proposals on November 8, 2012, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. The bond must be in a form accepted by the City Attorney and must be dated the same as the Contract Award date. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror 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--mandatory-pre-proposal conference on September 19th. 2012 at 10:00 a.m., CM Project Conference Room located on the 2nd floor to the right of the escalator at City Hall, 1625 13'hStreet, Lubbock, Texas 79401. A site visit will follow the pre -conference meeting. A second site visit has been scheduled for September 25, 2012 and 10:00 a.m. RSVP is required 24 hours in advance with Marta Alvarez at malvarez@mylubbock.us or (806) 775-2572. At this site visit, prospective proposers will have the opportunity to visually inspect the Dam. Questions arising from this site visit shall not request information verbally. Questions must be directed to Marta Alvarez at www.bidsync.com or malvarez ti,mylubbock.us. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://pr.therenroductioncompany.com/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents-i are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, 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 Purchasing and Contract Management Office at (806) 775-2175 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta ACvareZ DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT I GENERAL INSTRUCTIONS TO OFFERORS I Paae Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish John T. Montford Dam Erosion Control Project per the attached specifications and contract documents. Sealed proposals will be received no later than 3:00 p.m. on October 11, 2012 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 12-10839-MA, John T. Montford Dam Erosion Control Project " 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: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing and Contract Management Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 MANDATORY 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 Mandatory pre -proposal conference will be held at September 19th, 2012 at 10:00 a.m., CM Project Conference Room located on the 2nd floor to the right of the escalator at City Hall, 1625 131e Street, Lubbock, Texas 79401._ A site visit will follow the pre -conference meeting. A second site visit has been scheduled for September 25, 2012 and 10:00 a.m. RSVP is required 24 hours in advance with Marta Alvarez at malvarez@mylubbock.us or (806) 775-2572. At this site visit, prospective proposers will have the opportunity to visually inspect the Dam. Questions arising from this site visit shall not request information verbally. Questions must be directed to Marta Alvarez at www.bidsygc.com or malvarez(&,mylubbock.us . 2.2 All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.3 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. ADDENDA & MODIFICATIONS 3 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Director of Purchasing and Contract Management. At the request of the proposer, or in the event the Director of Purchasing and Contract Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at http://www.bidsync.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 Purchasing and Contract Management Office no later than seven (7) calendar 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 explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Director of Purchasing and Contract Management 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 seven (7) calendar days prior to the opening of proposals. 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b) 6.3 Marking your entire proposal CONFIDENTIAUPROPRIETARY 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 proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. t 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. r 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 P11 and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing_ and Contract Management if anylang_uage, 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 Purchasing and D Contract Management Office no later than seven (7) calendar days before the proposal closing date. A review of such notifications will be made. r Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock Purchasing and Contract Management Office 1625 13Street, Room 204 Lubbock, Texas79401 Fax: 806-775-2164 Email: malvarez@mylubbock.us Bidsync: www.bidsync.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within Two Hundred and Seventy (270) CONSECUTIVE CALENDAR from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor ► .. to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT R_ All payments due to Contractor shall be made in accordance with the provisions of the General I Conditions of the contract documents. 4 t� 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 TWO years 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 a maximum of ten sets of plans and 3' specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, 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, and/or the owning utility at the 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 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. i 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the 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 Sundays 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 Sundays 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 Sundays 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 i 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. _e 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 shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. 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, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be bidder shall submit his bid on forms furnished by the City, and all blank spaces in the changed for the purpose of correcting an error in the bid price. 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: 29.3.1 Proposer's name ALLEN BUTLER CONSTRUCTION 29.3.2 Proposal RFP 12-10839-MA, John T. Montford Dam Erosion Control Project 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 z price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 8 30 31 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfactio.i of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience -with the Owner 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 9 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 five (5) 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 uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 2267. The Maximum Point value is equal to 100 points. The weight factor is 65% for Price, 30% for Contractor Qualifications, and 5% for Safety Record. The selection criteria used to evaluate each proposal includes the following: 32.1 65% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 30% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 50/6 SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio. The Contractor must submit this ratio with his bid. Contractors with an Experience Modification Ratio greater than I will not be considered. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the Experience Modification Ratio. 32.4 EVALUATION PROCESS: Evaluators independently review and score each proposal. The 5. 10 t...1 committee meets, during which time the Committee Chairperson totals the individual scores. If 1 the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully f knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. The estimated budget for the construction phase of this project is $4,000,000 Proposals shall be made using the enclosed Proposal Submittal 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. t._ 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) 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. r 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 f -i reasonably expected values), or irregularities of any kind " 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. i � 11 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: htip://www.wdol. og v/dba.aspx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to .the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 12 TEXAS LOCAL GOVERNMENT CODE § 2267 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. (a-1) In this section "facility" means an improvement to real property. (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. Patte Intentionally Left Blank PROPOSAL SUBMITTAL FORM [I Paae Intentionally Left Blank 12-10839-MA ADDENDUM 3 ** REVISED** PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: RFP 12-10839-MA, John T. Montford Dam Erosion Control Project Proposal of (A it ea 19,;+w C 1 a (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 Request for Proposals for the construction of a John T. Montford Dam Erosion Control Project 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. BID ITEM DESCRIPTION QTY (+/-) U/M UNiT PRI TOTAL COST - Including Contractor mobilization, ss s s rMobilization 1 insurance, payment bond, performance bond and 1 LS 9391)lo. $ 815� ice• - demobilization. SWPPP - Including preparation, NOI, od 2 implementation of a SWPPP plan, NOT and all other 1 LS 3011coc0 $ 30 work considered incidental to this item. EARTHWORK/ SITE.<PREPERATION Clearing/Grubbing- Including the removal of all 3 organics, rocks, pvc, valve boxes, and etc. from the 131164 SY H °a' $133� proposed site specified herein. Restoration of the Dam Face - Includes the restoration the dam face including: restore the grade of the dam to a 3:1 slope from existing site a 9 Sb 4 condition starting at the openning trench, filling 131164 SY s ' $ G 3, &s7• - washouts ranging from two feet wide and eight feet deep to minimum washout depth while bringing all earthwork across the dam face up to 90 % compaction +/- 21/o optimum moisture content. 5 Fill - Includes removal of the soil from an approved 60000 CY O.O N $ 600 - site and hauled to the site for applaiction. Road Work - Includes the revuork of existing soils A 8 7 as 7 ry 6 and restoring road to 95% compaction +/- 2% 3120 LF $ Ste, - optium mosture 12-10839-MA ADDENDUM 3 7 Drainage Channel - Installation of proposed 6000 SF `� '%• $ 1-I b SO -VI - draina a channels ecified herein. ' Independent Lab Testing - Contractor will be responsible for providing an independent lab testing to perform all compaction testing as required by the `( g S specifications herein, and cylinder breaks on 1 LS 335o40, $ 3 giogo _ concrete. The City of Lubbock will not be responsible for retesting and will not pay for non as" tests. MAYPREPERATION/INSTALLATION Mat Installation - Includes the application of the 144280 SY M $ -::P j L? () 0Cff, - 9 dual mat system specf1ced herein. TOTAL PROJECT AMOUNT $ 33 44-ei-R" Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within Two Hundred and Seventy (270) CONSECUTIVE CALENDAR thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $300 (Three Hundred) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. _ Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%o) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of S 20 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; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. 12-10839-MA ADDENDUM 3 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 AN -TEST: Offeror acknowledges receipt of the following addenda: Addenda No. 1 Date `I -�o-►� Addenda No. Date 9 - -36-ia Addenda No. 3 Date )a; - t a Addenda No. `l Date to--Q- la M/WBE Firm: Woman Black American Hispanic American Asian Pacific American Date: /O- i8- tct Authorized Signature A Ile" av+I'Qe (Printed or Typed Name) tl-Q�'J ,Q-J-Vlor C'c„J4.,.TAX— Company ag S t aF2esko« iJf'i�� Address 00-Kat.J—Co-n-Al JiahMQ- City, County 1'escas 7 g36(o State Zip Code Telenhone: 90- - 711 - 7y?e .mail: 901, - 'EDERAL TAX ID or SOCIAL SECURITY No. 7")s-.Deodo6' 1 Native American Other (Specify) Page Intentionally Left Blank Bid Bond '- - Surety Department KNOW ALL MEN BY THESE PRESENTS, That we, Allen Butler Construction, Inc., as Principal, hereinafter called the Principal, and the Colonial American Casualty and Surety Company., a Corporation created and existing under the laws of the State of Maryland, whose principal office is in Baltimore, MD, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Lubbock, as Obligee, hereinafter called the Obligee, in the sum of Five percent (5%) of the greatest amount bid dollars ($---------- ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for RFP 12-10839-MA-- John T Montford Dam Erosion Control Project NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of October, 2012. Attest: Allen Butler Construction, Inc. (Principal) By:, By i (SEAL) Witness: y Form S-3266-4 Printed in U.S.A. 12-70 Colonial American Casualty and SEAL) �I Page Intentionally Left Blank Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by THEODORE G. MARTINEZ Vice President, and GERALD F. HALEY Assista suance of authority granted by Article VI, Section�2, of the By -Laws of said Companies, side hereof and are herebycertified to be in full force and effect on the date her int Tracy PPo Y TUCKER, Tobin TUCKER, W. Lawrence B . D I rth, Texas, EACH its true and .;' lawful agent and Attorney -in -Fact, to c d v its behalf as surety, and as its act and deed: any and all bonds and unoert o ndependent Executors, Community Survivors and Community Guar !1D xec or undertakings in pursuance of these presents, shall be as binding upon said Compani tents and purposes, as if they had been duly executed and acknowledged by the regularly elected pany at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that i s on behalf of Tracy TUCKER, Tobin TUCKER, W. Lawrence BROWN, dated October 11, 2004. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and ' affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 20th day of April, A.D. 2009. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY po C waft 86A6ONO ,,�f By. Gerald F. Haley Assistant Secretary Theodore G. Martinez State of Maryland I ss: _ City of Baltimore On this 20th day of April, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. f 1f6►,f4/�� Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 "' POA-F 168-2829 Page Intentionally Left Blank I i EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business -of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 18th day of October I 2012 Assistant Secretary Pam Intentionally Left Blank rM I a a CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. OUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A'. (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firms qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorneys fees for collecting such costs and damages. Complete the following information for your organization: Pate Intentionally Left Blank 2 F CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. O=h.- ; &Alle-v Qv4w- Contractor f Original Signature) Contractor (Print) CONTRACTOR'S BUSINESS NAME: (A A Q rJ 8,,41e4' Can si (Print or Type) CONTRACTOR'S FIRM ADDRESS: "1* Sku+ L Q ('+ ✓e- CGN,)�j T)r i Ci36G 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 Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. RFP 12-10839-MA, John T. Montford Dam Erosion Control Project No Text SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. 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 of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO t,� If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Offeror's Initials QUESTION TWO I Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO 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. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that 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. Signature PPfis rdle"If Title ,p 2( ;f _i Contractor's General Information Organization Doing Business As,, Business Address of Principle Office Telephone Numbers Main Number 'S06--145- -14 9 Fax Number 12 Q - S - Web Site Address Form of Business (Check One) A Corporation A Partnership An Individual Date of Incorporation j qq 5- State of Incorporation `(' Chief Executive Officer's Name President's Name ANN, a n -P�a ► SPY Vice President's Name(s) Secretary's Name [Treasurer's Name I PAr.v,, 3j.e ice- ,,44,o,r Date of Organization State whether partnership is general or limited Name Business Address Average Number of Current Full `.2 ^ Time Employees I 5 Average Estimate of Revenue for the Current Year 6V M, il;,�•� Contractor's Organizational Experience Organization Doing Business As .talkel- Business Address of Region Office 9 Name of Regional Office Manager 1'rtet IAAle- Telephone Numbers Q15(o—l45~-749 8 g t Z45 - '15111 Main Number Fax Number Web Site Address WU-)LO- 0,A1 W0U--Vktt/-C Qrev •. List of names that this organization currently, has or anticipates operating under over the history of the organization, Including the names of related companies p sently doing business: Names of Organization From Date To Date List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership ,to nstruction .- Years experience In projects similar to the proposed project: As a General Contractor I �,� As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal In the past ten ears? �! Iv If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agency within the last five ears? If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? If yes provide full details in a separate attachment. See attachment No. 6 Contractor's Proposed Key Personnel Organization Doing Business As Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alte ates. Include this chart at an attachment to this description. See attachment No. �,Lt ExpeHetice of Key Persoiiiiel Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Rilk%, Project Superintendent BOLJO Project Safety Officer - Quality Control Manager kwµ If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. Page Intentionally Left Blank ALLEN BUTLER CONSTRUCTION, INC. 1 #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE: 806-745-7498 FAX: 806-745-7577 Attachment C-1 Allen Butler, President of Allen Butler Const., Inc. is involved in all aspects of the operation. James J. Davis, Vice -President, oversees the construction and materials divisions from bidding through completion with Robert (Bobby Evans) in construction and Douglas O'Neil in materials. Each contract is appointed an estimator, project manager and job foreman, with these individuals working together to maintain production at optimum level. The shop foreman, Frank Groves, works directly with mechanics to insure proper care of vehicles and equipment. Cindy Riddle serves as office manager; overseeing all facets of the office operation. ATTACHMENT C-2 ALLEN BUTLER CONSTRUCTION, INC. ROBERT EVANS - GENERAL SUPERINTENDENT RONNIE STOKES - FIELD ENGINEER KEITH CARROWAY- SAFETY & QUALITY CONTROL DOUG O'NEIL -PLANT SUPERINTENDENT STEVE MOCZYGEMBA - CONCRETE SUPERINTENDENT DARREL RAMSEY - CONCRETE PLANT FOREMAN DOUG VAUGHN - ASPHALT PLANT FOREMAN FRANK GROVES - SHOP FOREMAN LYNN DAY - JOB FOREMAN ROBERT CORONA - JOB FOREMAN LOU CARISTA - JOB FOREMAN JAYSON NORBY - JOB FOREMAN RICK CAMPOS - CONCRETE CREW FOREMAN RICARDO BARBOSA - CONCRETE FOREMAN LUIS VAQUERA - ASPHALT CREW FOREMAN ALLEN BUTLER, PRESIDENT JAMES DAVIS, VICE PRESIDENT RICK HUMPHRIES - SR PROJECT MANAGER DANIEL WETZEL - PROJECT MANAGER RONNIE GILMORE - ESTIMATOR JERRY COLBURN - COMPTROLLER CINDY RIDDLE - OFFICE MGR. ALAN HANEY- HUMAN RES. HAYLEY BUTLER - MATERIALS MGR. I ._..... i i ,J ALLEN BUTLER CONSTRUCTION, INC. i 24 S. LAKESHORE DR. RANSOM CANYON, TX 79366 (806)745-7498 FAX (806)745-7577 Attachment D-1 Allen Butler, President of Allen Butler Const., Inc. is involved in all aspects of the projects. James Davis, Vice President, will oversee the construction and materail divisions. Bobby Evans, General Superintendent, will oversee the construction. Doug O'Neil will be the foreman onsite to oversee the project. Daniel Wetzel, Project Manager, will be handling the daily aspect which includes scheduling, billing and coordination with subcontractors. Keith Carroway will handle safety issues and quality control of material being used in or for this project. Attachment D-2 PROJECT MANAGER Daniel Wetzel ALLEN BUTLER CONSTRUCTION, INC. ALLEN BUTLER, PRESIDENT JAMES DAVIS, VICE PRESIDENT SUPERINTENDENT Bobby Evans SAFETY MANAGER QUALITY CONTROL Keith Carroway Keith Carroway PROJECT FOREMAN CONCRETE SUPERINTENDENI Doug O'Neil Stteve Moczygemba 14'-06LJNVne,'4 i ALLEN BUTLER CONSTRUCTION, INC. 24 S. LAKESHORE DR. RANSOM CANYON, TX 79366 (806)745-7498 FAX(806)745-7577 Allen Butler, President Allen Butler started Butler Construction in 1975. In 1995 Mr. Butler felt the need to incorporate as Allen Butler Construction, Inc. Mr. Butler as president oversees all equipment purchases, job bidding and job performance. The operation of the caliche pit, the asphalt and concrete plants are also under Mr. Butler's supervision. For the past twenty years Allen Butler Construction, Inc. has performed a large percentage of Lee Lewis Construction, Inc. site work. We have also been prevalent in grading and paving of City of Lubbock subdivisions and been involved in the major portion of expansion at Texas Tech University as well as City of Lubbock streets and Preston Smith International Airport. In the past few years the company has also expanded into performing TxDOT work & is currently working on its third project as the General Contractor. Allen Butler Construction, Inc. now owns and operates its own caliche pit, two concrete plants and an asphalt plant. Complimenting the asphalt/concrete plants is an in-house QA/QC program. The Corporation also owns the land and buildings which houses a seven bay shop and offices. The equipment inventory exceeds $15,000,000.00. With an employee average of 125-175, Allen Butler Construction, Inc. is able to consecutively serve numerous commercial projects. References: Lee Lewis Constriction, Inc. Lee Lewis (806)797-8400 Hugo Reed & Associates Bernie Oradell (806)763-5642 ALLEN BUTLER CONSTRUCTION, INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE: 806-745-7498 FAX: 806-745-7577 James Davis has been in the heavy equipment construction business since 1983. From 1992 to 1994, the Kenova Corp. of West Palm Beach, FL employed him. During this time Mr. Davis was involved in the construction of two major golf courses, one being in Guadalajara, Mexico and the other in Crofton, MD. In 1994 Mr. Davis relocated to Lubbock, TX. At that time Allen Butler Construction, Inc. hired him as General Superintendent. He quickly proved himself and was promoted to Vice President. In the capacity of Vice President, Mr. Davis assists the estimation department with technical advice. Along with Bobby Evans, Mr. Davis coordinates the job crews and equipment for the numerous projects performed by Allen Butler Construction, Inc. J -. ALLEN BUTLER CONSTRUCTION, INC. �j #24 SOUTH LAKESHORE DRIVE .1 RANSOM CANYON, TEXAS 79336 PHONE: 806-745-7498 FAX: 806-745-7577 Bobby Evans has been in construction for 34 years. He was employed with Granite Construction from 1989 through 1991. During this time he was a foreman on the I-27 project where he oversaw the construction of the excavation and building of the roadway. He then became superintendent on the I-30 expansion in Rockwell, TX. He scheduled and managed the r.o.w. prep, flexible base placement, and the asphalt and concrete paving. He oversaw the building of the overpass and bridge headers including retaining walls and structure backfilling. He moved back to Lubbock and formed Evans Excavation, doing local backhoe, dirt work, and paving Since 1998 Mr. Evans has been employed in the capacity of General Superintendent for Allen Butler Construction, Inc. Mr. Evans has been involved in overseeing the physical application of all major undertaking since that date including most of the Texas Tech projects, TXDOT projects, and City of Lubbock projects such as 98"' Street Improvements, LIA Taxiway improvements, & Slide Rd. & Erskine Improvements. ALLEN BUTLER CONSTRUCTION, INC 24 S. LAKESHORE DR. RANSOM CANYON, TX 79366 (806)745-7498 FAX(806)745-7577 Doug O'Neil, Foreman/Superintendent Mr. O'Neil has managed numerous projects for and in the City of Lubbock including Glenna Goodacre Blvd. $1,249,010.26 Vintage Township $1,167,942.00 A portion of 98th St. Improvements $12,290,648.73 US 62- TX DOT $2,444,000.00 and various other subdivisions. Due to his experience, Doug is acquainted with most of the city staff. References: Gary McBride Excel Energy (806)679-0025 Paul Stell Stellar Development (806)798-0211 Keith Smith City of Lubbock (806)775-2341 Dewey Shroyer Texas Tech University (806)742-3801 ALLEN BUTLER CONSTRUCTION, INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE: 806-745-7498 FAX: 806-745-7577 Daniel Wetzel graduated from Texas A&M University in May of 2009 with a Bachelor of Science degree in Civil Engineering. He is currently an Engineer -in -Training (EIT) and is working towards licensure as a Professional Engineer. He currently has three and a half years of experience in both engineering design and construction management. Following graduation, Daniel worked six months for the City of College Station as an assistant city traffic engineer. During this time, he performed several traffic and speed studies on local roads and compiled the data into reports for the city traffic engineer. He also was responsible for reviewing plans for new driveways and streets and verifying that plans met applicable city codes and ordinances. In January of 2010, Daniel began working for McClure & Browne Engineering/Surveying, Inc. (MBESI) as an EIT. During the year and three months at MBESI, he designed the necessary infrastructure and drainage improvements for commercial, land development, and capital improvement projects for municipal and private clients. He was responsible for all aspects of design from project conception to plan approval and bidding. He performed takeoffs and assembled engineers estimates of probable construction costs for project budgeting. Additionally, he reviewed and approved submittals, reviewed and provided responses for RFI's, and issued change orders as required. The design experience allowed him to become experienced with AutoCAD Civil 3D, HEC-RAS, and Pipes 2000. In March of 2011, Daniel moved to Lubbock and joined the team at Allen Butler Construction, Inc. as a project manager. As a project manager, Daniel is responsible for managing and overseeing projects from award to completion. This includes contract management, project scheduling, cost control, material procurement, submission of submittals, and monthly billing. Furthermore, he coordinates with the superintendents and foremen to ensure that the project is completed on time and under budget. His experience over the past year and six months at Allen Butler Constructions, Inc. includes several multimillion dollar projects including FM 2255 Improvements, US 62 Intersection Reconstruction, Lowrey Field Site Renovations, Cooper ISD Elementary and Middle Schools, Timber Ridge Subdivision Paving Improvements, City of Lubbock Citizen Convenience Station Paving, and FISD North Elementary School. ALLEN BUTLER CONSTRUCTION, INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE:806-745-7498 FAX: 806-745-7577 Keith Carroway has been a full time safety coordinator for two years at Allen Butler Construction, Inc. He has worked for us almost 6 years accumulatively. His first 4 years with us he oversaw the quality control of the asphalt and concrete division. He has filled the role of both safety coordinator and assistant safety officer. He administers safety orientations to all new hires, gives weekly safety meetings to all personnel, and investigates any accidents on the job. He has completed several training courses pertaining to his role including but not limited to; Fall Protection, Scaffolding, Nuclear safety, Personal Protective Equipment Inspection, Ladder Safety and Inspection, Forklift Training, Fire Safety, Hazard and Exposure Identification, Fleet Safety, Lifting and Rigging, Trenching and Barricading, Traffic Control, Emergency Evacuation Plans, First Aid, and Work Zone Analysis. Before coming back to Allen Butler Construction, Inc. in 2009, he was employed as a lab technician for a company out of New York from 2007 to 2009. His primary role was performing testing with a secondary role in safety. LA ti . .... nstruction, Imp.. Safety and Health Policy and Plan for Allen Butler Construction,, Inc. 1 Prepared exclusively for Allen Butler Construction, Inc. Due to the constantly changing nature of governmental regulations, It is Impossible to guarantee the absolute accuracy of the material contained herein. Therefore, we cannot assume f ' responsibility for omissions, errors, misprinting, or ambiguity contained within these materials and shall not be held liable in any degree for any loss or injury caused by such omisslon, error, ` misprinting or ambiguity presented in this material. C: C C C C r �e 2 c a Management Safety Policy Allen Butler Construction, Inc. Is committed to providing employees with a safe and healthful workplace. It is the policy of this organization that employees report unsafe conditions and do not perform work tasks if the work Is considered unsafe. Employees must report all accidents, injuries, and unsafe conditions to their supervisors Immediately. No such report will result in retaliation, penalty, or other disincentive. Employee recommendations to improve safety and health conditions will be given thorough consideration by this company. Management will give true attention to and provide the financial resources for the correction of unsafe conditions. Management will promote and influence safe behavior. This will be accomplished by both positive reinforcement of correct and safe activity, and by disciplinary action for those who willfully or repeatedly work In an unsafe manner. Disciplinary action will take the form of 1) Written warning or, 2) Written warning and suspension without pay or, 3) Termination of employment. . Management reserves the right to terminate the employment of any employee at any time for violation of company policies. Management will participate in establishing and maintaining an effective safety program. This will Include the following: • Holding all management and supervisory staff accountable for their safety responsibilities In their respective departments, jobs, crews or workplaces; • Providing safety and health education and training as needed; and • Reviewing and updating workplace safety policies, practices and performances. This policy statement serves to express this company's commitment to and involvement in providing our employees a safe and healthy workplace. This workplace safety and health program will be incorporated as the standard of practice for this organization. Compliance with these safe practices and those of any regulatory agency will be required of all employees as a condition of continued employment, Signature of CEO/President 3 f Allen Butler Construction, Inc. Safety Plan l Responsibilities Senior Managers / Managers • Ensure that safety is adequately budgeted for the department, job, etc. • Communicate safe work practices regularly within the department. • Attend departmental and company -wide safety meetings. Formally recognize outstanding safety performance by any/all personnel. Assist the Supervisor/Superintendent or any other personnel with the safety process as needed or as requested. This can include formal worksite periodic inspections. Uphold and enforce all known safe work practices. iSupervisors / Superintendents Ensure new -hire orientation is given to new employees, or is followed up at the work level • Ensure employees are given training that Includes safe work practices on equipment, tools, machines, processes, etc. Personally conduct --or designate a qualified personnel to conduct-- regular Inspections of the workplace, this will include the Safety Manger and Superintendents. j Conduct frequent (daily) work discussions prior to the start of work that Include safe work practices • Uphold and enforce safe work practices. This includes Influencing safe behavior by positive reinforcement such as recognition of worker's safe work performance. Enforcement action can also influence safe behavior when applied towards workers who blatantly perform unsafe acts, or who continually perform in an unsafe manner • Investigate all Incidents and take appropriate corrective action to prevent re -occurrence • Provide safety meetings on a regular basis and require attendance of all workers. All Employees • Are to follow safe work practices, and If they are unsure of what is the correct/safe way to perform a task or a job, they are to ask their foreman, supervisor or manager. • Must immediately report all unsafe equipment or tools to their foreman, supervisor or L� manager. This includes reporting unsafe behavior of other workers if these workers are approached and remain unwilling to correct their unsafe actions or conditions. • Are to uphold the safe work practices this company has established • If Injured on the job, or become iII, immediately inform their supervisor, foreman or manager C; WORKSITE ANALYSIS All work areas, departments, and jobs need to be Inspected on a regular basis to ensure safe work practices and safe and healthy conditions. For the most part, these Inspections are to be conducted by the Supervisor/Superintendent or his/her qualified and designated worker. Each Inspection may not be required to be formal (written) although regular documentation of these Inspections will be expected. This Includes the purchase of new equipment or tools, or the re -working or retrofitting of workstations or equipment so as to ensure that safety and health is considered. • If approached by workers who appear to have a true concern regarding a safety or health Issue, supervisors or managers need to act accordingly and give attention to the matter. 4 11 L.1 All Incidents (this Includes property damage, equipment damage, Incidents involving Injury or illnesses, and near -miss type Incidents) need to be reported to the Safety Coordinator and Investigated. In most cases, the Safety Coordinator, job foreman or supervisor will complete this investigation. Managers will be Involved as necessary or when requested. Incidents that Involve Injury and illnesses will be evaluated and analyzed for trends, common causes, and patterns so as to prevent further incidents. HAZARD PREVENTION AND CONTROL • If feasible, engineering controls will be used first, rather than Immediately providing personal protection equipment (PPE). • Safe work practices will be developed and employees will be trained on using these safe work practices to avoid Injury and illnesses. This may Include the implementation of task or job hazard analyses. • PPE will be provided as necessary, and its use enforced by Supervisory and Management staff. • If feasible, administrative controls, such as reducing the duration of exposure can be Implemented. • Equipment, tools, machines, trucks, vehicles, and structures/facilities etc., need to be maintained in good working order by a continued preventative maintenance process. • All workers will be made aware of workplace emergency procedures. Training on this process will begin at orientation. Drills will be conducted periodically to assist In making all workers aware of the procedures In the event of an emergency such as fire or explosion. SAFETY AND HEALTH TRAINING Safety and Health Orientation Workplace safety and health orientation begins on the first day of initial employment or job transfer. Each employee should have access to a copy of the written safety program, through his or her supervisor, for review and future reference, and will be given a personal copy of any safe work practices, policies, and procedures pertaining to his / her job. Supervisors should question employees and should answer employees' questions to ensure knowledge and understanding of safe work practices, policies, and job -specific procedures. Supervisors are responsible to inform all employees that compliance with the safe work practices 'is required. Job -Specific Training • Managers, Supervisors and Foremen should receive basic safety and health training as it relates to their positions • The Safety Coordinator/Supervisors will initially train employees on how to perform assigned job tasks safely. The Safety Coordinator/Supervisors will carefully review with each employee any speciflc safe work practices, policies, and procedures that are applicable. Supervisors will observe employees performing the work. If necessary, the supervisor will provide a demonstration using safe work practices, or remedial instruction to correct training deficiencies before an employee is permitted to do the work without supervision. • All employees will receive safe operating instructions on seldom -used or new equipment before using the equipment. E r r f� • Supervisors will review safe work practices with employees before permitting the g I_ a performance of new, non -routine, or specialized procedures.' Periodic Retraining of Employees All employees will be retrained periodically on safe work practices, policies and procedures, and when changes are made to the written safety program. If necessary, Individual employees will be retrained after the occurrence of a work -related Injury caused by an unsafe act or work practice, or when a supervisor observes employees displaying unsafe acts, practices, or behaviors. FIRST AID AND MEDICAL ASSISTANCE There will be adequate first aid supplies and /or an adequate first aid kit available at each workplace. Where required, or in the case of an emergency where the workplace is located In a remote location and emergency medical assistance can not arrive within a few minutes, there will ^, be a designated certified first aid (and possibly CPR) trained employee who can assist In first aid J emergency cases. Employees who receive work related injuries or Illnesses will be given immediate attention in regards to the nature of their injury or Illness. Employees In more remote locations such as the Matador will be given Instructions to follow in the L event of a serious accident. _ INCIDENT INVESTIGATION Incident Investigation Procedures e supervisor at the location where the incident occurred will The up r c I perform an incident investigation. The Supervisor will Immediately notify the Safety Coordinator in the event of an accident, the Safety Coordinator will assist In the Investigation If possible. Incidents can include property damage, near misses and workplace Injuries and illnesses. These Investigations are to assess the [ nature and the cause of the Incident, not to place blame on personnel. Supervisors need to investigate Incidents using that Include: procedures • Implement temporary control measures to prevent any further Injuries to employees or �+ damage to equipment or property or the public. • Review the equipment, operations, and processes to gain an understanding of the accident situation. • Identify and interview each witness and any other person who might provide clues to the causes. • Investigate causal conditions and unsafe acts; make conclusions based on existing facts. • Complete the Incident Investigation report. [' • Provide recommendations for corrective actions. • Indicate the need for additional or remedial safety training, if needed.- i� Incident Investigation reports must be submitted to the designated management personnel as soon as possible after the incident. ' Incident Report Form The incident report form should be a simple format for the supervisor to complete In a timely manner. It can be similar to the OSHA 301 "Injury and Illness Incident Report" form. To correctly L assess the nature and causes of the incident, the form should contain questions such as • What was the employee doing just prior to the incident L: Were there an witnesses? What were their names? Did the witnesses provide statements h y of the incident? What happened? ("Ladder kicked out and employee fell to floor", "forklift struck wall, wall collapsed.") What part of the body was affected by the incident? (eye, arm, leg, fingers, hand, etc.) And what was the nature of the Injury? (object in eyes, fractured arm, sprained leg, lacerated finger, cut In right hand, etc.). I What was the object or substance that directly harmed the employee (if substance/object is known). Was the Injury fatal? RECORD KEEPING PROCEDURES The company will control and maintain all employee accident and injury records. Records are maintained for a minimum of five (5) years following the end of the year to which they relate. The data on the Injury and Illness log and posting of the Summary of Work -related injuries and Illnesses will be In accordance with government regulations. The following will be Included in the record keeping process; �_ • Log of Work -related Injuries and Illnesses (OSHA form 300) • Summary of Work -related Injuries and Illnesses (OSHA form 300A _ • Incident Investigation reports (OSHA form 301 or similar) • Workers' Compensation Notice of Injury LS i C } M 1. f Allen Butler Construction, Inc. l Safety Program Contents General Safety Work Practices PPE r General Safe Work Practices 1, General Vehicle Operations Statement Safety Surveys and Loss Control Evaluations by third parties Allen Butler Construction, Inc. Hazard Communication Program - Body r The Haz-Com program with MSDS sheets is contained separately. L.� Emergency Action Plan Lock -Out / Tag -Out procedures Personal Protective Equipment Policy CAutomobile Rules, Guidelines and Policy First Aid Guidelines LAccident Investigation Forklift Safety Plan �-= WorkZone Safety Plan L� C C C 8 SAFE WORK PRACTICES AND PROCEDURES (Including use of Personal Protective Equipment) These safety work practices and procedures are developed to assist In achieving job safety by having no employee accidents. Some of these are OSHA, or MSHA requirements. For these reasons, every employee Is expected to abide by our safety work practices and procedures at all times. These are general requirements, specific requirements for each of the different operations are Included further in the Allen Butler Construction, Inc. Safety Program. Hard Hats -All employees are required to wear a hard hat on every job site at all times. Eye Protection - All employees are required to wear safety glasses on the job site at all times. Fail Protection - All employees exposed to falls over 6ft are required to be trained and use proper fall protection equipment and/or be protected by adequate guardrail systems or adequate safety nets. �- Hand Protection - All employees Involved In operations exposing hands to cuts, chemicals, burns, etc. are required to wear gloves that are appropriate to the exposure. The material safety ( data sheet (MSDS) should be used If in doubt about what type of glove to use. Rubber Boots - Employees Involved In operations exposing the feet/legs to such hazards as concrete burns during placing uncured concrete are required to wear rubber boots In good l condition. L High Visibility Vests -- Employees on street and road crews, working around mobile equipment, in the quarries, around the batch plants, concrete crews adjacent roadways or any employees working around vehicular traffic must wear the appropriate colored high visibility vest. Other Specific jobs may cause the need for other personal protective equipment, When this C occurs, the employee is expected to utilize this equipment. It is the Job Superintendent's responsibility to see that equipment in use be appropriate and in good condition. [, GENERAL: Employees must follow the safety policy, safe work practices and procedures established by Allen C.; Butler Construction, Inc.. Violations may result in disciplinary action, as described in the Safety Policy section. Employees should report any equipment or condition considered to be unsafe, as well as what they consider to be unsafe work practices. This type of information should be reported to the Superintendent or to the person in charge of the job. Be courteous. Avoid distracting others as distractions may cause or contribute to accidents. If you engage in horseplay, you will be subject to disciplinary actions including dismissal. t Caution should be exercised when answering cell phones, be considerate of co workers and do not answer the cell phone while In the middle of a task. Cell phone calls should be made when tasks are completed and it Is safe to do so. ad I an e raise the load When lifting, bend your knees, grasp the to firmly, d then a e e with your legs, keeping the back as straight as possible. Don't twist body with a load, move your feet. GET HELP for HEAVY LOADS. L L 9 C L' r When in doubt about the safety of a situation that is out of the norm, contact the Superintendent to find the proper procedure. Good housekeeping practices Improve safety for everyone. When you create clutter, clean It up. When clutter is left in the work area by someone else, clean It up and report this to the Superintendent. The possession or consumption of alcohol, drugs or any control substance Is against policy and violators are subject to dismissal. Additionally if you are using prescribed medications which may affect your job, you must notify your supervisor, incase that a worker needs to be temporarily reassigned to another task. VEHICLE OPERATIONS: Employees driving company vehicles, their personal vehicle on company business must have a current driver's license and an acceptable driving record. Employees driving their personal vehicle on company business must provide proof of liability insurance to IBTX. When driving a company vehicle or their personal vehicle on company business, all traffic laws must be obeyed and driver and any passengers must wear a seat belt. SAFETY SURVEYS: The Job Superintendent will complete an Inspection from a safety stand- point at the start of each new job and weekly on -going jobs. Areas to check would include, but should not be limited to, proper tools on the job site to do the job safely, any unusual hazards, such as stumbling hazards or fail exposure, any overhead objects that could fall, any special personal protective equipment needed or special procedures due to job location, areas-operatlons known to have contributed to employee accidents in the past, and other Items that may be peculiar to the job or location. The results of each internal inspection will be recorded on the CONSTRUCTION INSPECTION FORM (on next page) or Alien Butler Construction, Inc. Safety Survey Form. Additional Safety Loss Control Evaluations will be conducted on a quarterly basis as a minimum by IBTX Risk Services Safety and Loss Control Personnel. In addition to IBTX Risk Services, C N A Insurance may also conduct Safety and Loss Control Evaluations. These Evaluations by IBTX and C N A will be aimed at reducing the overall employee exposure to loss from accidents or Injuries. IBTX will provide quarterly training available to all levels of workers, and will use information gathered from the Loss Control Surveys to focus training efforts, identify trends, and modify procedures as needed. 10 11 Construction Inspection Form Inspection Bv: Pro'ect: Date: Description X OK Comments/Correction Date X = Needs Improvement/correction 1 Fall protection 2 Electrical --temporary panel, GFCI, no exposed wires 3 Electrical tools cords 4 Ladders 5 Scaffolds 6 Personal protection equipment: hard hat, safety glasses, gloves, respirators if needed 7 Site housekeeping, trip/slip hazards, puncture hazards, clear stairways- 8 Other Additional Comments: I rr ALLEN BUTLER fwONSTRUCTION,r INC. HAZARD ly r•nRARA11MVr•w*rrnwV nonr_%oAnw GENERAL INFORMATION �,. In order to comply with 29 OFR 1926.59, Hazard Communication, the following written Hazard Communication Program has been established by IBTX. All work units of the company are included within this program. The written program will be available in the office, located at and through a superintendent for review by any Interested employee. The Safety Coordinator is responsible for the implementation and ongoing compliance with the program. l ° EMPLOYEE TRAINING AND INFORMATION The Job Superintendent is responsible for the employee training program. He/She will ensure that C.. all elements specified below are carried out. C Prior to starting --work each new employee of Allen Butler Construction, Inc. will attend a health and safety orientation and will receive information and training on the following; . L • An overview of the requirements contained in the Hazard Communication Standard. • Chemicals present in their workplace operations • Location and availability of our written hazard communication program, • Physical and health effects of the hazardous chemicals. • Methods and observation techniques used to determine the presence or release of hazardous chemicals in the work area. • How to lessen or prevent exposure to these hazardous chemicals through usage of control/work practices and personal protective equipment. fSteps Allen Butler Construction, Inc. has taken to lessen or prevent exposure to these L-- chemicals. • Emergency procedures to follow if they are exposed to these chemicals, • How to read labels and review MSDSs to obtain appropriate hazard Information. After attending appropriate training, each employee will sign a form to verify that they received C and understood the training, procedures and policies within the Allen Butler Construction, Inc. Hazard Communication Program Prior to a new chemical hazard being Introduced into any section of this company, each employee C of that section will be given information as outlined above. The Safety Coordinator with assistance of the Job Superintendent is responsible for ensuring that MSDS on the new chemicals are f r available. C c LU 12 rr Written Hazard Communication Program 1. It is the policy of Allen Butler Constructlon,.-Inc. that the first consideration in the performance of work shall be the protection of the safety and health of all employees. The company has developed this Hazard Communication Program to ensure that all employees receive adequate Information relevant to the possible hazards that may be involved with the various hazardous substances used in the company's operations and processes. The following program outlines how we will accomplish this objective. SCOPE Thispolicy covers all potential workplace exposures Involving hazardous substances as defined by federal, state and local regulations. r HAZARD DETERMINATION The company does not intend to evaluate any of the hazardous substances purchased from suppliers and/or manufacturers but have chosen to rely upon the evaluation performed by the suppliers or by the manufacturers of the substances to satisfy the requirements for hazard determination. CONTAINER LABELING No container or hazardous substances will be released for use unless the container is correctly L labeled and the label Is legible. All chemicals In bags, drums, barrels, bottles, boxes, cans, cylinders, reaction vessels, storage tanks, or the like will be checked by the receiving department to ensure the manufacturer's label .Is Intact, Is legible, and has not been damaged in any manner during shipment. Any containers found to have damaged labels will be quarantined until a new label has been Installed. The label must contain the chemical name of the contents, the appropriate hazard warnings, and the name and address of the manufacturer, and any other Information required. All secondary containers shall be labeled. The Information must include details of all chemicals that are in the referenced container. MATERIAL SAFETY DATA SHEETS (MSDS) Each location must maintain a master MSDS file as well as a department -specific file. These Material Safety Data Sheets are available to all employees, at all times, upon request. The Safety Coordinator or a designee will be responsible for reviewing all incoming MSDSs for new and significant health/safety Information (the company will ensure that any new information is passed on to the employees Involved). } The Safety Coordinator will review all Incoming MSDSs for completeness. If any MSDS is missing or obviously Incomplete, a new MSDS will be requested from the manufacturer or distributor. OSHA is to be notified if the manufacturer or distributor will not supply the MSDS or if it is not ' received after 30 days from request. Any new information will be passed on to employees Involved. New materials will not be Introduced Into the work area until an MSDS has been received. t Supervisors in cooperation with the purchasing department will make it an ongoing part of its function to obtain -MSDSs for all new materials when they are first ordered. The Safety Coordinator or his or her designee shall coordinate with appropriate departments to make sure all MSDSs are obtained, distributed and communicated. 13 l.. -r LIST OF HAZARDOUS SUBSTANCES We will compile, annually review, and update as necessary a complete inventory of all substances present in our facilities or work sites. The name of those materials determined to be hazardous are defined in applicable federal and state standards. NON -ROUTINE TASKS Infrequently, employees may be required to perform non -routine tasks that Involve the use of { hazardous substances. Prior to starting work on such projects, each involved employee will be given information by his or her supervisor about hazards to which they may be exposed during such an activity. This Information will include: • The specific hazards. • Protective/safety measures that must be utilized. • The measures the company has taken to lessen the hazards, including special ventilation, respirators, the presence of another employee, air sample readings, and emergency procedures. PLAN ADMINISTRATION This Hazard Communication program will be monitored by the job superintendant. CQuestions regarding this program should be directed to the Safety Coordinator. r L Signature i Printed Dame Title 1 Date L C C f L C14 _ NISDS INFORMATION _ OSHA - safe work practices outline the content, but not the exact form, of every Material Safety Data Sheet. Here is what OSHA requires each data sheet to contain; �' • IDENTITY - the data sheet must contain the name of the chemicals found on the label. In addition, subject to deletion of legitimate trade secrets, it must give the chemical and common name of the substance. If the substance Is a mixture and has not been tested as such, the data sheet must give the name of each hazardous constituent. • CHARACTERISTICS. The data sheet must recite the physical and chemical characteristics of the chemical, such as vapor.pressure, flash point, etc. • PHYSICAL HAZARDS. Any potential for fire, explosion or reaction must be included In the data sheet. • HEALTH HAZARDS. Signs and symptoms of exposure must be entered, as must all medical conditions that are likely to be aggravated by exposure. • ROUTES OF ENTRY. The data sheet must specify whether the chemical typically enters the system by ingestion, inhalation, dermal exposure or some other route. • EXPOSURE LIMITS. If OSHA has established an exposure limit for the chemical, or If a Threshold Limit Value has been established by the American Conference of Governmental [, Industrial Hygienists, these must be entered on the data sheet, as must any exposure limit used by the authority preparing the data sheet. • CARCINOGENS. The data sheet must indicate whether the chemical is listed as a carcinogen by [, the National Toxicology Program, by OSHA, or by the International Agency for Research In Cancer. • USE AND HANDLING. The data sheet must recite any general applicable precautions for safe handling and use that are known to the firm preparing the data sheet, including hygiene practices, protective measures during repair and maintenance of contaminated equipment and procedures for clean-up of spills and leaks. Industrial chemical consumers often might add site - specific procedures to the more general Information offered by the chemical manufacturer. • EXPOSURE CONTROLS. The data sheet must include a description of special procedures to be employed in emergencies, as well as a description of appropriate first aid. • DATES. The sheet must bear the date of Its preparation or of its latest revision. • INFORMATION SOURCE. Finally, the sheet must recite the name, address and telephone number of the•person who prepared the data sheet or of some other person who can provide additional Information relating to the chemical, such as citations to scientific literature or specialized emergency procedures. 15 I I I! HAZARD COMMUNICATION TRAINING CHECKLIST Has the employee been informed of and trained in the following: 1.-Information: Has the employee been informed of the following? -YES --NO (a) The requirements of this section.--- (b) Any operation in the work area where hazardous substances are present. - (c) The location of the written Hazard Communication Program.=-- (d) Availability of the written program.:-- (e) Location and availability of hazardous substances lists) _-- (f) Location and availability of Material Safety Data Sheets.;-- 2.- Training: Has the employee been trained in the following? --- (a) Methods and observations that may be used to detect the presence or release of hazardous substances in the work areas.--- . (b) The physical and health hazards of the substances in the work areas._ - (c) How employees can protect themselves from these hazards.:-- (d) Procedures the employer has implemented for employee protection.--- (e) Appropriate work practices.--- (f) Emergency procedures.--- (g) Personal protective equipment to be used.--- (h) Explanation of labeling systems.--- (1) Explanation of material safety data sheets.--- q) How employees can obtain and use appropriate hazard information.--- (k) Personal hygiene when working with substances.--- (1) General first aid for contact with hazardous substances. --- Employee's Signature Manager's Signature 16 Date Date RE -QUEST FOR MATERIAL SAFETY DATA SHEETS Date of Request Department To From I hereby request that I be given the Material Safety Data Sheets on the following hazardous substa nce(s) : Date Received Acknowledged by Dept. Manager Date (Requesting Employee) cc: Corporate Safety Department 17 PROGRAM/TRAINING DOCUMENT TRAINING ACKNOWLEDGMENT I have received information on the Hazard Communication Standard 29 CFR 1910.1200 or the appropriate state standard and understand how to interpret and to use the labeling systems and Material Safety Data Sheets (MSDSs) that are in use and accessible to me in my work area. I agree to observe and follow the safe work practices as presented to me In the training sessions I attended on Employee Signature Date The above named employee has been informed and instructed by regarding work practices, chemical hazards recognition, interpretation and use of chemical labels, MSDSs, the CFR 29, 1910.1200 (e) or appropriate state standard and the location at which these items are accessible to the employee. Supervisor Date 18 EXPL4NATION OF TERMS USED ON MATERIAL SAFETY DATA SHEETS SECTION I Chemical Name and Synonyms —The product Identification. The chemical or generic name of single elements and compounds. Trade Names and Synonyms —The name under which the product Is marketed and the common commercial name of the product. Chemical Family —Refers to a grouping of chemicals that behave and react with other chemicals in a similar manner. [✓ Formula —The chemical formula or single elements or compounds. CAS Number —The Chemical Abstracts Service number, if applicable. EPA —The code number assigned by the Environmental Protection Agency, If applicable. DOT Classiflcatlon—The appropriate classiflcation as determined by the regulations of the Office of Hazard Material, Department of Transportation. SECTION II Hazardous Ingredients —The major components as well as any minor one(s) having potential for harm that are considered when evaluating the product. TLV—Threshold Limit Value (TLV) indicates the permissible exposure concentration, a limit established by a government regulatory agency, or an estimate If none has been established. r 519CTION III Physical Data Boiling Point (OF) —The temperature in degrees Fahrenheit at which the substances will boil. Vapor Pressure —The pressure of saturated vapor above the liquid expressed In mm Hg at 20°C. L Vapor Density —The relative density or weight of a vapor or gas (with no air present) compared with an equal volume of air at ambient temperature. Solubility in Water —The solubility of a material by weight in water at room temperature. The Cterms negligible, less than 0.1 percent, 0.1 to 1 percent; moderate 1 to 10 percent, applicable 10 percent or greater. Appearance and Odor —The general characterization of the material, i.e., powder, colorless liquid, aromatic odor, etc. _• Specific Gravity (H2O=1)—The ratio of the weight of a volume of the material to Its weight of an equal volume of water. Percent, Volatile by Volume (%)—The percent by volume of the material that Is considered volatile, (The tendency or ability of a liquid to vaporize.) Evaporation Rate —The ratios of the time required to evaporate a measured volume of a liquid to the time required to evaporate the same volume of a reference liquid (ethyl ether) under Ideal test conditions. The higher the ratio, the slower the evaporation rate. SECTION IV C Flash Point (Method Used) —The temperature in degrees Fahrenheit at which a liquid will give off enough flammable vapor to ignite in the presence of a source of ignition. C SECIION V Conditions to Avoid —Conditions that, If they exist with the substance present, could cause it to become unstable. 3 Incompatibility (Materials to Avoid) —Materials that will react with the substance. Hazardous Decomposition Products —Refers to that reaction that takes place at a rate that releases large amounts of energy. Indicates whether or not it may occur and under what storage { conditions, L [., 19 SECTION VI Health Hazard Data—Posslble health hazards as derived from human observation, animal studies or from the results of studies with similar products. Threshold Limit Value (TLV)—The value for airborne toxic material that are to be used as guides In the control of health hazards and represent concentrations to which nearly all workers may be exposed eight hours per day over extended periods of time without adverse effects. Effects of Overexposure —The effects on or to an individual who has been exposed beyond the specified limits. Emergency and First -Aid Procedures —Gives first-ald and emergency procedures in case of eye and/or skin contact, ingestion and Inhalation. SECTjQN V11 Stability —Whether the substance Is stable or unstable, an unstable substance Is one that will vigorously polymerize, decompose, condense, or will become self -reactive under conditions of (' shock, pressure, or temperature. A copy of the form you may want to use to list your hazardous substances by work area follows this page. This information would be based on the initial survey and subsequent hazard determination. C SECTION_ VIII Spill or Leak Procedures —Steps to be taken If material is released or spilled. Method and L materials to use to clean up or contain. Waste Disposal Method —Method and type of disposal site to use, SECTION IX Special Protection information Resplratory Protection Specific type should be specified, i.e., dust mask, NIOSH-approved cartridge respirator with organic -vapor cartridge. Ventilation —Type of ventilation recommended, i.e., local exhaust, mechanical, etc. Protective Gloves —Refers to the glove that should be worn when handling the product, I.e., cotton, rubber. Eye Protection —Refers to the type of eye protection that is to be worn when handling or around the product. Flammable Limits —The range of gas or vapor concentration (percent by volume in air) that will burn or explode if an ignition source is present. (Lei) means the lower explosive limits and (Uel) the upper explosive limits given in percent. Extinguishing Media —Specifies the fire -fighting agent(s) that should be used to extinguish fires. Special Fire -Fighting Procedures/Unusual Fire and Explosion Hazards —Refer to special procedures required if unusual fire or explosion hazards are involved. I 20 e WORK AREA HAZARDOUS SUBSTANCE LIST Work Area: Chemical Identity Label/Special Information CAS # or Serial # Vendor 21 I r c r. c MATERIAL SAFETY DATA SHEETS (Place into this section those that apply to your company.) 22 Emergency Action Plan SCOPE The following Emergency Action Plan applies to all situations where a particular OSHA Standard specifies that a plan be established. {� ELEMENTS A. Emergency Escape Procedures and Routes Emergency escape procedures and route assignments have been posted in each work area and all employees have been trained by supervision In the correct procedures to follow. New employees are trained when assigned to the work area. A sample escape procedure and route sheet that is posted In work areas is �f attached. B. Procedures for Employees Who Remain to Operate Critical Operations Before They Evacuate f' The attached she describes those operations, procedures, and personnel C required for critical operations before the assigned personnel evacuate during emergency situations. A description of the special training provided is also included. C. Employee Accountability Procedures After Evacuations Each company supervisor is responsible for accounting for all their assigned Lr employees b the supervisor or his or her designee b reporting to a Y P Y P 9 predetermined, designated rally point and conduction of a head count. Each assigned employee will be accounted for by name. All supervisors are required to report their head count (by name) to the Emergency Evacuation Coordinator. A summary of the evacuation rally points and the supervisors and their assigned 1 employees who must report to the designated rally point is attached. D. Rescue and Medical Duties Specific rescue and medical duties have been assigned to designated company Individuals. These personnel have received special training and instructions to properly carry out these assignments. E. Preferred Means of Reporting Fire and Emergencies U1, All company fires and emergencies will be reported by: On Site Supervisor 1 L 23 j l�, 11 ri L. r; c L", F. Emergency and Fire Protection Coordinator The Company's Emergency and Fire Protection Plan Coordinator: Keith Carroway 806-441-4769 Bobby Evans 806-438-8600 Doug O'Neil 806-535-1695 Department: Safety Department / Superintendents The Coordinators may be contacted for further Information or explanation of the Company's Emergency and Fire Protection Plans. G. Alarm System Company employee alarm systems for notifying all employees In case of an emergency are: Radios, Phones, Air Horns, Visual Recognition, and Employee Verbal Communication When required by speclfic OSHA standards, the company will comply with OSHA standard 1910.165.- Employees Alarm Systems. These requirements are shown on the attached sheet. H. Fire Protection and Prevention Assignments Appropriate company personnel have been assigned specific fire protection and prevention responsibilities. Fire prevention equipment must be routinely inspected and tested. Systems that can increase the likelihood or severity of a fire must be inspected and maintained. 24 EMPLOYEE ACCOUNTABILITY l.. FOLLOWING AN EMERGENCY EVACUATION Each company supervisor is responsible for accounting for each of his or her assigned employees following an emergency evacuation. This will be accomplished by following the ' procedures shown below. Employee Accountability 1. Rally points have been established for all company evacuation routes and procedures. These points are designated on each posted work area escape route. 2. All work area supervisors and employees must report to their designated rally points immediately following an evacuation. 3. Each employee Is responsible for reporting to his or her supervisor so an accurate J headcount can be made. Supervisors will check off all those reporting and report those not checked off as missing to the Emergency Evacuation coordinator. 4. The Emergency Evacuation coordinator will be located at the following location: 1.� A. Primary Location: 2413 118t' St. Lubbock, TX 79423 L� S. The Emergency Evacuation Coordinator will determine the method that will be utilized to locate missing personnel. C 25 1. . L, EMERGENCY ESCAPE PRODECURES AND ESCAPE ROUTE ASSIGNMENT *This form is to be completed by the Job Superintendant prior to starting any work. **This form must be reviewed by all employees prior to starting any work. wORKAREA: SKETCH: C C Supervisor and Employee Rally Points SPECIAL INSTRUCTIONS: EMERGENCY PLAN AND FIRE PROTECTION COORDINATOR: Keith Carroway Signature• C L 26 Date: c Lockout rout: The Control of Hazardous Energy T. OBJECTIVES To establish a means of positive control to prevent the accident starting or activating of machinery or systems while they are being repaired, cleaned and/or serviced. A. To establish a safe and positive means of shutting down machinery, equipment and systems. B. To prohibit unauthorized personnel or remote control systems from starting machinery or equipment while it is being serviced. C. To provide a secondary control system (tagout) when it is Impossible to positively lockout the machinery or equipment. D. To establish responsibility for implementing and controlling lockout/tagout procedures. E. To ensure that only approved locks, standardized tags and fastening devices provided by the company will be utilized in the lockout/tagout procedures. H. AREAS OF RESPONSIBILITY A. The employee will be responsible for implementing the lockout/tagout program and procedures. B. The Job Foreman or Superintendant is responsible to enforce the program and Insure compliance with the procedures In their department. C. The Safety Coordinator is responsible for monitoring the compliance of this procedure and will conduct the annual inspection and certification of the authorized employees. 27 D. Authorized employees (those contained In attachment #A-1) are responsible to follow established lockout/tagout procedures. E. Affected employees (all other employees in the facility) are responsible for Insuring they do not attempt to restart or re -energize machines or equipment which are locked out or tagged out. PROCEDURES PREPARATION FOR LOCKOUT OR TAGOUT Employees who are required to utilize the lockout/tagout procedure (see attachment #A-1) must be knowledgeable of the different energy sources and the proper sequence of shutting off or disconnecting energy means. The four types of energy sources are: (1) Electrical (most common form) (2) Hydraulic or pneumatic (3) Fluids and gases (4) Mechanical More than one energy source can be utilized on some equipment and the PROPER procedure must be followed In order to identify energy sources and lockout/tagout accordingly. See Attachment D for specific procedure format. ELECTRICAL A. Shut off power at machine and disconnect. B. Disconnecting means must be locked or tagged. C. Press start button to see that correct systems are locked out. D. All controls must be returned to their safest position. E. Points to remember: 1. If a machine or piece of equipment contains capacitors, they must be drained of stored energy. 28 2. Possible disconnecting means Include the power cord, power panels (look for primary and secondary voltage), breakers, the operator's station, motor circuit, relays, limit switches, electrical interlocks. NOTE: i. Some equipment may have a_ motor isolating shgt-off and a control isolating shutoff. 2. If the electrical energy is disconnected by simply unplugging the power cord, the cord must be kept under the control of the authorized employee or the plug end of the cord must be locked out or tagged out. HYDRAULIC/PNEUMATXC A. Shut off all energy sources (pumps and compressors). If the pumps and compressors supply energy to more than one piece of equipment, lockout or tagout the valve supplying energy to this piece of equipment, B. Stored pressure from hydraulic/pneumatic lines shall be drained/bled when release of stored energy could cause injury to employees. C. Make sure controls are returned to their safest position (off, stop, standby, inch, jog, etc.). FLUIDS Ai1iD GASES A. Identify the type of fluid or gas and the proper personal protective equipment needed. B. Close valves to prevent flow, lockout/tagout. C. Determ--I'me-the Isolating device, close, and lockout or tagout. D.. Drain and bleed lines to zero energy state. NOTE. Some systems may have efectrlcally controlled valves; If so, they must be shut off, locked or tagged out. E. Check for zero energy state at the equipment. c L. r. L MECHANICAL ENERGY (Gravity activation, or stored in springs, etc) A. Block out or use die ram safety chain. B. Lockout or tagout safety device. C. Shut off, lockout or tagout electrical system. D. Check for zero energy state. E. Return controls to safest positlbn. RELEASE FROM LOCKOUT/TAGOUT A, Inspection - - Make certain the work is completed and inventory tools and equipment used. B. Clean-up - - Remove all towels, rags, work -aids, etc. C. Replace guards - - Replace all guards possible. Sometimes a particular guard may have to be left off until the start sequence Is over due:,Jo possible adjustments, however, all other guards should be put back into place, D. Check controls - - All controls should be in their safest position. E. The work area shall be checked to ensure that all employees have been safely positioned or removed and notified that the lockout/tagout devices are being removed. F. Remove locks/tags - - Remove only yaur lock or tag. PROCEDURE INVOLVING MORE THAN ONE PERSON When servicing and/or maintenance Is performed by more than one person, each authorized employee shall place his own lock or tag on the energy isolating source. This shall be done by utilizing a multiple lock scissors clamp if the equipment Is capable of being locked out. If the equipment cannot be locked out, then each authorized employee must place his tag on the equipment. 30 ( PROCEDURE FOR THE REMOVAL OF AN AUTHORIZED l.� EMPLOYEE'S LOCKOUT/TAGOUT BY THE COMPANY f Each location must develop written procedures under the above heading that compiles with 1910.147(e)(3) that can be utilized at that location. Your procedures should Include the following: l Y 1. Verification by employer that the authorized employee who applied the device is not r in the facility. `-, 2. Make reasonable efforts to advise the employee that his device has been removed. (� (This can be done when he returns to the facility). L .. 3. Ensure that the authorized employee has this knowledge before he resumes work at the fadiity. {� PROCEDURES FOR SHIFT OR PERSONNEL CHANGES Each facility must develop their own written procedures based on their need and capabilities. However, your procedure must specify how you will ensure the continuity of lockout or tagout protection during that time. See 1910.147(e)(4), C PROCEDURES FOR OUTSIDE PERSONNEL/CONTRACTORS Outside personnel/contractors shall be advised that the company has and enforces the use of lockout/tagout procedures. They will be Informed of the use of locks and tags and notified about the prohibition relating to attempts to restart or re -energize machines or equipment that are locked out or tagged out. GThe company will obtain Information from the outside personnel/contractor about their lockout/tagout procedures and advise affected employees of this information. The outside personnel/contractor will be required to sign a certification form (see attachment Q. If outside personnel/contractor has previously signed a certification that is rr� on file, their is no need to have them sign a new certification. l� �,� 31 TRAINING AND COMMUNICATION: Each authorized employee who will be utilizing the lockout/tagout procedure will be trained In the recognition of applicable hazardous energy sources, type and magnitude of energy available In the work place, and the methods and means necessary for energy isolation and control. Each affected employee (all employees other than authorized employees utilizing the lockout/tagout procedure) shall be instructed In the purpose and use of the lockout/tagout procedure and the prohibition relating to attempts to restart or re -energize machines or equipment which are locked out or tagged out. Training will be certified using attachment #A-2 (Authorized personnel) or #A-3 (Affected rrPersonnel). The certification will be retained In the employee's personnel file. l� PROCEDURES FOR PERIODIC INSPECTION A periodic Inspection (at least annually) will be conducted of each authorized employee under the lockout/tagout procedure. This inspection shall be performed by the Department CSupervisor provided they are not the ones utilizing the energy control procedure being inspected. The inspection will Include a review between the inspector and each authorized employee, of L that employee's responsibilities under the energy control (lockout/tagout) procedure. The Inspection will also consist of a physical Inspection of the authorized employee while E performing work under the procedures. I E;` Ll L 32 ATTACHMENT A-2 CERTIFICATION OF TRAINING (AUTHORIZED PERSONNELI I CERTIFY THAT I RECEIVED TRAINING AS AN AUTHORIZED EMPLOYEE UNDER THE ALLEN BUTLER CONSTRUCTION, INC. LOCKOUT / TAGOUT PROGRAM. I FURTHER CERTIFY THAT I UNDERSTAND THE PROCEDURES AND WILL ABIDE BY THOSE PROCEDURES. AUTHORIZED EMPLOYEE SIGNATURE DATE 33 m l.' [_ ATTACHMENT B C . LOCKOUT/TAGOUT INSPECTION CERTIFICATION I CERTIFY THAT WAS INSPECTED ON C THIS DATE [; UTILIZING LOCKOUT/TAGOUT PROCEDURES. THE INSPECTION WAS PERFORMED WHILE WORKING ON C C C L AUTHORIZED EMPLOYEE SIGNATURE DATE C C INSPECTOR SIGNATURE DATE C 34 I Alien Butler Construction, Inc. Personal _Protective Equipment Policy Allen Butler Construction, Inc., is committed to providing a safe and healthful work environment for all our employees and others that may work, visit, or enter or worksites. It is our policy to manage and conduct business operations in a manner that offers maximum protection to each and every employee and any other person that may be affected by our business operations. It is the policy of Allen Butler Construction, Inc. to require the use of and provide the appropriate personal protective equipment to provide for protection against recognized C hazards correctable via the proper use of personal protective equipment (PPE), k is the responsibility of Supervisors to identify potential hazards in the work area and require that employees wear the appropriate PPE to alleviate the potential exposure and protect the employees. Workers are responsible for wearing the required PPE once a hazard r Is identified. L, Personal protective equipment should be used as a last resort, efforts should be made to eliminate the potential exposure (engineering controls) such as ventilation, exhausting, substituting hazardous chemicals for non hazardous. l� PPE should not create or place the employee In additional danger. • PPE must meet all applicable American National Standards Institute (ANSI) requirements. • PPE must be maintained in a clean and sanitary condition. • PPE must be must be inspected regularly for adequacy. Workers are responsible for inspecting and maintaining the PPE in their possession. CPossible required PPE may Include but not be limited to the following: • High Visibility Vests - Are required of all employees working on or adjacent to roadways, wherever potentially exposed to vehicular traffic and on sites where exposed to mobile equipment. • Eye protection - must be used whenever the possibility of foreign objects entering the eyes. Activities such as but not limited to: sawing, cutting, running equipment, using chemicals. Face protection - Required when using chop saws, grinders, welding etc. Safety Glasses must be used in conjunction with face shields. �.: • Work Boots - Proper work Boots must be used by all workers, tennis shoes are not r allowed. Steel toed shoes may be required per your supervisor. I� 35 i L: c C • Gloves - Gloves offering protection from chemical exposures must be used when handling certain chemicals. Refer to the Material Safety Data Sheet (MSDS) for specific types of gloves. Leather gloves may be required when handling rough or sharp materials, see your supervisor for specific determination. • Head Protection - Hard Hats are required for all employees of Allen Butler Construction, Inc. while on all jobsites. Bump caps are required by shop personnel in the mechanics shop. • Respiratory Protection - At this time the use of respirators is not warranted. However, should employees be exposed to nuisance levels of dust "dust masks" may be requested and used on a voluntary basis. Remember to use ventilation to reduce potential air contaminants. • Fall Protection - A harness Is required for all employees exposed to a potential fall of six feet or greater. This provision does apply to work from boom lifts as well. This policy is intended to address some of the potential PPE requirements at Allen Butler Construction, Inc.. Should you encounter any situation that you are unsure of, do not hesitate to consult your supervisor or the Safety Coordinator. Should any employee have questions regarding the PPE required to safely perform his or her job consult with your supervisor or department manager, This policy applies to all employees and persons affected or associated in any way by the scope of this business. 36 Personal Protective Equipment (PPE) Written Hazard Assessment Selecting Personal Protective Equipment • Identifying and evaluating equipment and processes • Reviewing injury/accident/incident records • Reviewing previously selected PPE Date of Evaluation: Workplace Evaluated By: HAZARD TYPE pmpact, penetration, chemical— (corrosive, reactive, to)ic, irritant, flammable, etc), heat, hamfui (or nutsance) dust, light / radiation, electrical, biohazard, noise, other] LOCATION/ SOURCES/ TASKS ANALYSIS OF RISK (Low/ Medium / High) Seriousness Level of Risk of Potential Injury PPE [REQUIRED? PPE (OPTIONAL) 37 Personal Protective Equipment Training Meeting Record Company Name Company Address Date of Training Training Provided By INING T0- PIC_00-VEi.ED (1) A summary of the standard and our written program (2) When PPE is necessary (3) What PPE is necessary (4) Flow to properly don, doff, adjust, and wear PPE (5) Limitations of the PPE (6) Proper care, maintenance, useful life, and disposal of the PPE EMPLOYEE NAME DEPARTMENT TITLE SIGNATURE 38 Employee Acknowledc jement Personal Protective Equipment Training 1, have been trained In the company's personal protective equipment program. The protective equipment required In my work area has been explained and I am aware of the company's pollcy and requirement. Supervisor's Signature 39 -; Allen Butler Construction, Inc. Automobile Rules Guidelines and Safety PoliU �^ Allen Butler construction, Inc., is dedicated to eliminating conditions that adversely affect the well being of our employees and otherwise threaten our business assets through accidental losses. A Our policy Is to insist that employees operate all vehicles owned or used In behalf of the I Company In a safe and economical manner. In order to accomplish this, the following "Safe Driver Practices" will be followed and reviewed In this policy: r 1. All drivers have a valid Driver's License for the vehicle operated. {: 2. All applicable Motor Vehicle Laws of the State, County or City will be adhered to. 3. No unauthorized passengers or drivers will be allowed to either operate or ride In f vehicle. 4. Seat belts will be worn at all times while either operating or riding as an authorized passenger in the vehicle. S. All vehicle or property damage accidents must be reported immediately to your C Supervisor. 6. Vehicles will be operated only when they are In safe operating condition. Continuous awareness of your vehicle's condition should be accomplished and operating defects reported to management or corrected prior to operation. Written Vehicle Safety Checklist should be done on a weekly basis. 7. Vehicles will not be used for personal business. 8. Each driver's privilege to operate a company vehicle lasts only as long as the driver operates the vehicle in a safe and efficient manner. A record of "preventable" accidents will result In removal of the driver's privilege to drive or placement into a position which does not require driving. C Driver Selection: L Evaluations of driver qualifications may be made through: 1. Employment application. 2. Previous employer Reference Checks. 3. MVR. 4, Previous experience In type of vehicle to be operated. S. Road test. f� C 40 L: Motor Vehicle Record Program (MVR): PURPOSE - The purpose of this program is to help control the vehicle accident exposures created by drivers. Drivers that have an excessive number of moving violations and/or [ accidents on their driving record are considered to be a higher risk and cause unnecessary liability exposures to this company. POLICY - It is the policy of this company that no job is so urgent that it cannot be performed safely. It is the goal of this company to provide a safe work place for its employees, to operate in a profitable manner and to provide the best possible service to our customers. Preventing accidents is important to this goal. Rules, MVR Criteria, and Procedures-. r Under the Fair Credit Reporting Act, a signed release Is required from the Individual whose (: report Is being ordered for employment purposes, and additional disclosure Information may be required. MVR's may be ordered without disclosure If they are forwarded directly to the Insurance company for underwriting purposes. L 1. Prospective employees whose job will involve driving a company vehicle or their own vehicle on company business will be required to present an original and current Motor Vehicle Record (MVR) obtained from their local Department of Public Safety office. All prospective employees whose job will involve driving a company vehicle or their own vehicle on company business will be required to list all accidents and moving violations C they have had In the past three years on the Employment Application. An MVR will be obtained from the state to verify this information. Any misrepresentations may be grounds for termination. C2. The MVR will be evaluated according to company standards. This evaluation will be based on the fol[owing criteria: • Acceptable - no violations or accidents over the past 36 months. • Marginal - up to 2 violations or accidents over the past 36 months. • Probation - 3 violations and/or accidents over the past 36 months. • Unacceptable - more than 3 violations and/or accidents over the past 36 months. Any of the below violations should be considered an automatic Probation grading: • Hit and run • Leaving the scene of an accident • Suspended license Any of he following violations will be mandatory Unacceptable: DWI • DUT • Felony or Manslaughter involving the Use of a Motor Vehicle j . Excessive Speeding (25 MPH over speed limit) 41 All employees authorized to drive company vehicles will have their MVR's reviewed prior to entrustment of a vehicle, and on an annual basis. Driver with Acceptable, Marginal, and Probation gradings may be allowed to operate company vehicles or their personal vehicles on company business. Driver with Marginal and Probation gradings may have their MVR's reviewed semi-annually. Any increase In violations or accidents will result in removal of driving privileges. Drivers with Unacceptable will not be able to drive company vehicles or their personal vehicles on company business. If an accident Is shown on the MVR, it shall be assumed that it is an at -fault chargeable accident. Any change to such a classification will be made only upon receipt of a police report showing that the driver in question was not at fault. 3. In the event of violations or accident which might make the driver uninsurable or place a risk on this company, the driver is subject to termination or probation. If at any time the Insurance company states the person is uninsurable because of their driving record said driver will be subject to termination. 4. A driver on probation will remain on probation until the MVR is again within company standards. This will occur when any violations drop off the MVR at the end of the year. S. If a driver Is removed from driving because of failure to meet these company standards, a non -driving position may be offered If one is available, or the driver may be terminated. Any job re -assignment may result in a salary evaluation. 6. Any driver currently employed as of this date who has already exceeded these company standards may be placed on probation Immediately. The rules and procedures regarding the period of probation and removal of driving privileges will apply as outlined above if another moving violation or preventable accident occurs. Driver Training: C It is the intent of Allen Butler Construction, Inc. that all drivers attend the IBTX "Driver Awareness Training Program". This training will be scheduled as needed. L.� Alcoholic Beverages and Substance Abuse Policy: C 1. It is a serious violation of corporate policy to drive while impaired. Any employee arrested and convicted of driving while intoxicated or driving under the influence of alcohol, medication or illegal drugs while on company business is subject to disciplinary action. I 2. Consumption of any alcoholic beverages, Including beer, is prohibited on the company's premises unless specillcaiiy authorized. f' 42 j L i� 1 3. Possession of or use of any Illegal drug on company premises or In a company vehicle is prohibited. �C 4. No employee while operating a company vehicle is allowed to consume alcoholic beverages on or off the job. f_. 1 Personal Use Policy: Personal use of a company owned or leased vehicles is not allowed. No other drivers are permitted Including family, friends or neighbors. There are no vacations allowed in company vehicles. No hitchhikers or other riders are allowed unless an approved company employee. Exception:, Approved Officers/Managers operating a company owned or leased vehicle scheduled on the Business Automobile Policy. However no unscheduled drivers are permitted Including family, friends or neighbors. Management does reserve the right to -, amend this policy and may consider special situations on a case by case basis. Personal Use Policy / Proof of Personal Automobile Liability: 1.1 Applies to Individuals authorized to operate a personally owned vehicle on company business. These individuals must maintain a Personal Automobile Policy with Liability limits of at least $100,000. Bodily Injury any one person, $300,000. Bodily Injury any one accident, and $100,000 Property Damage. The Personal Automobile Policy must be endorsed to name as Additional Insured: Allen Butler Construction, Inc.. It Is required that proof of such coverage be maintained and kept in force at all times. Maintenance Policy: CAllen Butler Construction, Inc. will maintain and service company owned vehicles. Authorized drivers must observe their vehicle's condition on a continuous basis, report defects for correction, and maintain weekly documented checklists. 4J Accident Reporting and Investigation: f Any accident in company owned or leased vehicles must be reported immediately to your t� supervisor. Your supervisor will then communicate promptly to the company office or Safety Coordinator. The following Is a procedure for reporting an accident: I [� a.) Remain calm and polite. Inquire to ensure everyone Involved is not injured, but do not admit fault. This is for the Insurance company to determine. b.) If Incident Is minor, remove vehicle to the closest parking lot or shoulder as not to endanger yourself, your passengers or other drivers. If an accident Is major, an investigation may be necessary, so do not move vehicle and remain calm and safe. rJ 43 L ,5 i c.) Call the local police department and report the accident so a police report can be processed and filed. If possible, get a copy of the report Immediately. Be sure that if there are any witnesses, their statements are Included for the record. d.) Exchange all Insurance Information with the other vehicle driver. Be sure to get full name, date of birth, address, work and home phone numbers, license plate numbers, and Insurance company and insurance policy number, e.) An Incident report form will be completed In detail with your supervisor. The original copies of ail documents must be signed by the employee and supervisor and delivered to the company office Immediately. Management will investigate each vehicle accident and determine its cause, preventability, L l and ways to prevent re -occurrences, r Enforcement of Policy: l.. Any employee of Allen Butler Construction, Inc.; who Is convicted of an alcohol or drug related driving offense is required to inform his or her supervisor of that conviction immediately. Failure to do so may be grounds for dismissal. If the Incident occurred during normal business hours or, In the supervisor's judgment, while the employee was on company business, the employee has committed a serious violation of Allen Butler Construction, Inc. policy. In such cases the supervisor is required to: CFile a complete report concerning the conviction with their immediate supervisor to whom the employee's operating unit reports. That report should include the following: ALL CIRCUMSTANCES ASSOCIATED WITH THE INCIDENT ANY OTHER CHARGES WHICH RESULTED FROM THE INCIDENT THE FINE OR SENTENCE IMPOSED BY THE COURT A RECORD OF ANY PREVIOUS VIOLATIONS OR CONVICTIONS A RECOMMENDATION FOR APPROPRIATE DISCIPLINARY ACTION C' There will be no exceptions to these policies. Any employee found to be In violation of these policies will be subject to appropriate disciplinary action up to and Including dismissal. Any disputes over these policies will be mediated and resolved by the Owners. All resolutions by s the Owners are "FINAL u I 44 r F Employee Acknowled emend: I, the undersigned, have read all company policies including RULES, MVR CRITERIA, AND r PROCEDURES and ALCOHOLIC BEVERAGES AND SUBSTANCE ABUSE and PERSONAL USE l POLICY and I understand the impact in violation of any policy on my employment or my ability to drive a company vehicle. �- Date Signed i Employee ryDate Signed ' DRIVER RULES & RESPONSIBILITIES L 1. ALL drivers are responsible for PRE -TRIPPING and POST -TRIPPING their trucks EVERYDAY. This is to include, but Is not limited to: l.� PRE -TRIP o Make sure MUD FLAPS are on properly. r o Make sure all BRAKES are adjusted property. 1..; o Make sure ail EXTERNALLY MOUNTED items are secure. o Check all HYDRAULIC FLUID TANKS, HOSES, and CYLINDERS to Fi' be sure that all work properly before leaving yard. POST-TRIP o Clean out the inside of truck putting all garbage in the correct trash rcan NOT in the grease barrels or oil barrels. Trash should be placed In `— Trash cans ONLY. o Turn In all PAPERWORK for the day. If paperwork is not turned In each r` and every day, you will NOT be paid for that day. .. i o If you worked In the pit, you are required to turn in 2 copies of all paperwork. o BLOW OUT THE AIR FILTER. [ o Document the TIME that you fueled your truck and whether you SHUTOFF the fuel truck. 2. Work tickets must be turned In EVERY NIGHT. 3. All paperwork must have both the correct DATE: and DRIVER SIGNATURE. Without this you will NOT be paid for the day. 4. All drivers will have ASSIGNED TRUCKS and are responsible for taking PROPER CARE of their assigned truck. 5. WATER TRUCK drivers are responsible for all METERS, HOSES, and WRENCHES. 6. After loading at the pit as well as every other job site ALL drivers will do a walk L; 45 ,J r I I L C C I r;* c FJ, C� L;1 Li I-] around on the TRUCK & TRAILER to make sure that there Is NO DEBRIS that may fail off as this debris can damage other vehicles on the roads. 7. All drivers must know the WEIGHT of their truck and its WEIGHT LIMITS. 8. LOAD COUNTS must be reported at the end of EVERY DAY. 9. All BOARD REPAIRS on trailers are the responsibility of the driver unless the driver knows who broke the board, in which case the person who broke the board WILL replace it. 10. On the last load of the day, the driver must BANG THE DOORS of their trailer to be sure that all or as much as possible, of the load Is emptied out of the trailer. This is to prevent ANYTHING being dumped In the yard. 11. There will ABSOLUTELY NO BACKING at the job site, or in the yard, without a SPOTTER. 12. When calling for help, all drivers must Identify their TRUCK NUMBER, WHAT IS WRONG and the LOCATION of where they are at. Those with FLAT TIRES must also report TRAILER NUMBER, POSITION OF TIRE and the TIRE SIZE. 13. HARD HATS, SAFETY VEST, and SAFETY GLASSES will be worn at all times, NO EXCEPTIONS. 14. Drivers must be able to be reached by RADIO at ALL TIMES, 15. All BELLY DUMP TRAILERS must be SAFETY CHAINED every time the trailer is dropped. 16. EVERY FRIDAY, every driver, will be responsible for making sure that the following are PROPERLY GREASED: * 5th Wheel * Belly hinges * Door hinges * ALL grease zerks on both the TRACTOR and TRAILER 17. PROPER ATTIRE will be worn at all times. * Boots. NO TENNIS SHOES. * Jeans or work pants. * Work shirts. NO MUSCLE SHIRTS or TANK TOPS. 18. There will be NO stopping at stores or any other place during a haul. 19. ALL TRAFFIC LAWS WILL BE OBEYED, AT ALL TIMES. NO EXCEPTIONSI This Includes, but is not limited to WEARING YOUR SEATSELT. Violation of ANY of these RULES and REGULATIONS will be cause for Termination of Employment. I certify that on I received, read, understand and agree to the above stated DRIVER RULES and REGULATIONS and will abide by each and every one. Driver Signature 46 Date i FIRST AID PROCEDURES ' EMERGENCY PHONE NUMBERS Safety Coordinator 806-441-4769 Poison Control 1-800-222-1222 First Aid Notify Supervisor _ Fire Department 911 Ambulance 911 Police 806-775-2865 or 911 (t Medical Clinic Lakeridg d Primary Health Center - Phone# 806-794-9378 Clinic Address 5130 82 St, Lubbock, TX 79424 Minor First Aid Treatment ` First aid kits are kept in the offices, shops, plants, and all supervisor vehicles. If you sustain an Injury or are Involved In an accident requiring minor first aid treatment: �. Inform your supervisor. • Administer first aid treatment to the Injury or wound. (� If a first aid kit is used, indicate usage on the accident investigation report. 1 Access to a first aid kit is not Intended to be a substitute for medical attention. Provide details for the completion of the accident Investigation report. L; Non -Emergency Medical Treatment For non -emergency work -related injuries requiring professional medical assistance, management must first authorize treatment. If you sustain an Injury requiring treatment other than first aid: • Inform your supervisor. Proceed to the posted medical facility. Your supervisor will assist with transportation, if necessary. • Provide details for the completion of the accident investigation report. Emergency Medical Treatment If you sustain a severe injury requiring emergency treatment: • Call for help and seek assistance from a co-worker. Use the emergency telephone numbers and Instructions posted next to the telephone In • r9 cy p p p your work area to request assistance and transportation to the local hospital emergency room. • Provide details for the completion of the accident investigation report. First Aid Training C Each employee will receive training and Instructions from his or her supervisor on our first aid procedures, i 47 t r r c FIRST AID INSTRUCTIONS In all cases requiring emergency medical treatment, immediately call, or have a co- worker call, to request Emergency Medical Assistance. WOUNDS: Minor: Cuts, lacerations, abrasions, or punctures « Wash the wound using soap and water; rinse it well. • Cover the wound using clean dressing. Major: Large, deep and bleeding • Stop the bleeding by pressing directly on the wound, using a bandage or cloth. • Keep pressure on the wound until medical help arrives. BROKEN BONES: • Do not move the victim unless It is absolutely necessary. • If the victim must be moved, "splint" the injured area. Use a board, cardboard, or rolled newspaper as a splint. BURNS: Thermal (Heat) • Rinse the burned area, without scrubbing it, and immerse it in cold water; do not use ice water. • Blot dry the area and cover it using sterile gauze or a clean cloth. Chemical • Flush the exposed area with cool water Immediately for 15 to 20 minutes. EYE INJURY: Small particles • Do not rub your eyes. • Use the corner of a soft clean cloth to draw particles out, or hold the eyelids open and flush the eyes continuously with water. Large or stuck particles • If a particle Is stuck in the eye, do not attempt to remove it. • Cover both eyes with bandage. Chemical • Immediately Irrigate the eyes and under the eyelids, with water, for 30 minutes. NECK AND SPINE INJURY: • If the victim appears to have injured his or her neck or spine, or is unable to move his or her arm or leg, do not attempt to move the victim unless It is absolutely necessary. 48 HEAT EXHAUSTION: Loosen the victim's tight clothing. Give the victim "sips" of cool water. Make the victim lie down In a cooler place with the feet raised. 49 f ACCIDENT INVESTIGATION Accident Investigation Procedures An accident investigation will be performed by the supervisor at the location where the accident occurred. The safety coordinator is responsible for seeing that the accident investigation reports are being filled out completely, and that the recommendations are Eyeing addressed. Supervisors (with the assistance of the Safety Coordinator) will investigate all accidents, injuries, and occupational diseases using the following investigation procedures: Implement temporary control measures to prevent any further injuries to employees. ( • Review the equipment, operations, and processes to gain an understanding of the accident situation. ( Identify and interview each witness and any other person who might provide clues to L.. the accident's causes. • Investigate causal conditions and unsafe acts; make conclusions based on existing C facts. • Complete the accident investigation report. CProvide recommendations for corrective actions. • Indicate the need for additional or remedial safety training. Accident investigation reports must be submitted to the safety coordinator within 24 hours of the accident. C Ll L ti �.1 50.-� a Li tS L. r ACCIDENT INJURY REPORT This form must be completed for all accidents involving Company Employees, Vehicles, or Property. Please complete all related sections, front and back, and send to Management within 3 days of the accident. This form must be signed by the employee involved and the employee's supervisor; however, if signatures cannot be obtained within 3 days, the form should be forwarded to Management and a signed form forwarded as soon as possible. SECTION A - GENERAL INFORMATION Employee Name: Home Phone #: ( k Home Address: City, State, Zip Code: County: Job Title: Date of Hire: Dept.#: Years with company: Years in Occupation: Company ID #: Date of Birth: Race: Sex: M❑ F❑ Does employee speak English? Yes ❑ No ❑ Marital Status: Married ❑ Widowed ❑ Separated ❑ Single ❑ Divorced ❑ Spouse's Name: Number of Dependent Children: Date of Occurrence: Time of Occurrence: am❑ pmo Date Reported: Workslte Location If Injury (stairs, dock, etc.): Address/Location of Occurrence: Describe Injury or Accident and How or Why it Occurred: Witness' Name (Include Address if Not a Company Employee): Was drug test given? Yes ❑ No ❑ If not, state reason: 51 f SECTION B -- EMPLOYEE INJURY Professional Medical Attention Needed? Yes ❑ No 0 If so, Hospftal/Clinic: Doctor: Last Workday Other Than Day of Injury? First Full Workday Lost After Injury: Date Returned to Work: Hourly Rate of Pay: # Hours Scheduled Per Week: Employee Doing Regular Job? Yes ❑ No ❑ Supervisor: Supervisor Notified? Yes 0 No 0 Part of Body Injured: Tool, Equipment or Other Cause of Injury: Type of Safety Equipment Provided: Equipment in Use? Yes ❑ No ❑ If "No", Why Not? Did Failure to Use Safety Equipment Contribute to Injury? Yes 0 No ❑ SECTION C - VEHICLE ACCIDENT OR DAMAGE Company Vehicle #: Company Vehicle License #: Company Vehicle Damaged? Yes 0 No 0 Other Vehicle License #: Year: Make and Model: Other Driver's Name: Address: Phone Number: ( L Other Vehicle Identification Number: Insurance Company: Policy Number: Insurance Agent's Phone #: ( ) Weather Conditions: Road Conditions: Description of Damage: SECTION D - DAMAGE TO PROPERTY (OTHER THAN Type of Property Damaged: Owner: Description of Damage: Address: 52 Was Company Owned? Yes 0 No ❑ Phone #: ( } SECTION E — IWURY TO MEMBER OF THE PUBLIC Other Party Name: Address: City, State, Zip Code: Phone #:( Nature of and Part of Body Injured: Ambulance Needed? Yes ❑ No ❑ Hospital: Doctor: COMMENTS: Employee Signature: Supervisor's Signature: 53 Date: Date: C C L INSTRUCTIONS FOR COMPLETION OF ACCIDENT INJURY REPORT �:• Please use Ink and print. All information Is Important so please complete every applicable box. This form should be completed under the following situations: ■ VEHIcu AccIDEinvolving Company vehicles or equipment where damage occurs to Company vehicle or equipment and/or vehicles belonging to the third parties. Complete Sections A and C. ■ ON -THE -Jos INJURIES to Company employees where the employee receives medical attention ( Nurse, doctor, hospital) or loses more than four (4) hours from work. Complete Sections A and B. ■ DAMAGE TO COMPANY PROPERTY other than vehicles 9X DAMAGE TO PROPERTY BELONGING TO A THIRD PARTY, other than vehicles, caused by activities during the course and scope of work. Complete Sections A and D. ■ INJURIES TO HIRD,PA&TY Complete Sections A and E. ➢NOTE: If said Injury resulted from a vehicle accident involving a L., Company vehicle, complete Section C as well. r C I C r, G c Vehicle accidents that result In absolutely no damage or on-the-job injuries that require no medial_ ttentlo and no time away from work need not be reported on this form. Complete an incident report enclosed. All reports should be submitted to Management no later than three (3) business daylfollowing the date of the occurrence. If all signatures required on the report cannot be obtained by this deadline, a copy of the report containing the necessary information and at least the supervisor's signature should be forwarded to Management to meet the required deadline. The remaining signatures should be obtained and the original forwarded to Management as soon as possible. Follow-up: Once the investigation is complete, the safety coordinator shall review and follow- up the investigation to ensure that corrective actions recommended by the safety committee and approved by the employer are taken, and control measures have been Implemented. 54 RECORDKEEPING PROCEDURES Recordkeeping Procedures The safety coordinator will control and maintain all employee accident and Injury records. Records are maintained for a minimum of three (3) years and Include: • Accident Investigation Reports, • Workers` Compensatlon Notice of Injury Reports TWCC 1, and • Log & Summary of Occupational Injuries and Illnesses OSHA 300, 55 i � n L Allen Butler Construction Inc. L l Forklift Operation Plan This written Forklift Operation Program establishes guidelines to be followed whenever any of our employees work with powered Industrial trucks at this company. The rules established are to be followed to: * Provide a safe working environment, fib * Govern operator use of powered industrial trucks, and * Ensure proper care and maintenance of powered industrial trucks. [� The procedures here establish uniform requirements designed to ensure that powered Industrial truck safety training, operation, and maintenance practices are communicated to and understood by the affected employees. These requirements also are designed to ensure that procedures are in place to safeguard the health and safety of ail employees. It is our intent to comply with the requirements of OSHA's 29 CFR 1926.600, 1926.602(c), and 1926.441 for construction activities. Administrative Duties LThe Safety Coordinator and the Superintendents are our Forklift Operation Program Coordinators, who have overall responsibility for the plan. Copies of this written program may be obtained from Main Office, Training The Safety Coordinator and the Superintendents will identify all new employees in the employee orientation program and make arrangements with department management to schedule training. Before we begin training a new employee, our Forklift Operation Program Administrator, The Safe Coordinator and the Superintendents, determine if the potential powered Safety P P industrial truck operator Is capable of performing the duties necessary to be a competent and safe driver, This is based upon his/her physical and mental abilities to perform job functions that are essential to the operation of the vehicle. .. tJ EFttF L 56 L L f. C These capabilities Include the level at which the operator must: * See and hear within reasonably acceptable limits, (this Includes the ability to see at a distance and peripherally, and in certain instances, it is also necessary for the driver to discern different colors, primarily red, yellow, and green); * Endure the physical demands of the job; and * Endure the environmental extremes of the job, such as the ability of the person to work in areas of excessive cold or heat. An operator must be able to climb onto and off of a truck, to sit in the vehicle for extended periods of time, and to turn his/her body to look in the direction of travel when driving in reverse. Once our Administrator determines that a potential operator Is capable of performing powered industrial truck duties, the following person(s) will conduct Initial training and evaluation: The Safety Coordinator, Superintendents and or Outside Source. This/These instructor(s) have the necessary knowledge, training, and experience to train new powered Industrial truck operators. His/Her/Thelr qualifications include: Knowledge and years of experience. l , Initial irafnfng u I I During an operator's initial training, the Instructor(s) combine(s) both classroom Instruction and practical training. Our Instruction includes the following formats: TRUCK -RELATED: * Operating instructions, warnings, and precautions for the types of trucks the operator will be authorized to operate; * Differences between the truck and automobiles; * Truck controls and instrumentation: where they are located, what they do, and how they work; * Engine or motor operation; * Steering and maneuvering; * Visibility ( including restrictions due to loading); * Fork and attachment adaptation, operation, and use limitations; * Vehicle capacity; * Vehicle stability; * Any vehicle inspection and maintenance that the operator will be required to perform; * Refueling and/or charging and recharging of batteries; * Operating limitations; * Any other operating instructions, warnings, or precautions listed in the operator's manual for the types of vehicle that the employee Is being trained to operate. WORKPLACE -RELATED: * Surface conditions where the vehicle will be operated; * Composition of loads to be carried and load stability; * Load manipulation, stacking, and unstacking; * Pedestrian traffic In areas where the vehicle will be operated; 57 C -. * Narrow aisles and other restricted laces where the vehicle will be operated; p p f * Hazardous locations where the vehicle will be operated; * Ramps and other sloped surfaces that could affect the vehicle's stability. * Closed environments and other areas where insufficient ventilation or poor vehicle ` maintenance could cause a buildup of carbon monoxide or diesel exhaust; l . * other unique or potentially hazardous environmental conditions In the workplace that could affect safe operation,. The work areas where these trucks are being used also present particular hazards. For these reasons, it is impractical to develop a single "generic" training program that fits all of our powered Industrial trucks. * General hazards that apply to the operation of all or most powered industrial trucks; _ * Hazards associated with the particular make and model of the truck; L• * Hazards of the workplace in general; and * Hazards of the particular workplace where the vehicle is operated. L; If each potential operator has received training in any of the elements of our training program, and Is evaluated to be competent, they need not be retrained In those elements before Initial assignment In our workplace. The training must be specific for the types of trucks that employee will be authorized to operate and for the type of workplace In which the `-' trucks will be operated. Training Certificatlon After an employee has completed the training program, the Instructor will determine whether the potential driver can safely perform the job. At this point, the trainee will take a test or exercise through which the Instructor(s) will decide If the performance practical training has been adequate. All powered industrial truck trainees are tested on the L equipment they will be driving. The Safety Coordinator and/or Human Resources Manager Is responsible for keeping records certifying that each employee who has successfully completed operator training and testing. Each certificate Includes the name of the driver, the date(s) of the training, and the name of the person who did the training and evaluation. II ' Training Is done in house. La Performance Evaluatlon r' Each certified powered industrial truck operator Is evaluated at least once every 3 years to verify that the operator has retained and uses the knowledge and skills needed to drive safely. This evaluation is done by the Safety Coordinator and/or the Supervisors. If the r! evaluation shows that the operator Is lacking the appropriate skills and knowledge, the E operator Is retrained by our instructor(s). 68 C. Refresher Training I. Refresher training is triggered by any of the following situations: * If the operator Is Involved In an accident or a near -miss Incident; �-' * If the operator has been observed driving the vehicle In an unsafe manner; * When the operator Is assigned to a different type of truck; * If It has been determined during an evaluation that the operator needs additional training; or * When there are changes In the workplace that could affect safe operation of the truck. This could include a different type of paving, reconfiguration of the storage racks, new construction leading to narrower aisles, or restricted visibility. Pre -Operational Inspection Procedures The company requires operators to perform pre -operational equipment checks on powered industrial trucks prior to the beginning of each shift In which those trucks will be utilized to C ensure the safe operating condition of the vehicle. The pre -operational check Is performed by completing a daffy truck Inspection checklist. Periodic Inspection Procedures Periodic Inspections are in conjunction with the particular powered industrial truck's - maintenance or service schedule. Maintenance schedules are normally expressed In days and operating or running hours. Most manufacturers' operator Instruction manuals contain the recommended maintenance schedule. Inspections and maintenance or repair beyond the recommended service schedules are done by authorized workshops and/or service . technicians. J Operating Procedures Powered industrial trucks can create certain hazards that only safe operation can prevent. That's why we have created sets of operating procedures. Our operating procedures follow. t i Driving Driving a powered industrial truck is fundamentally different than driving a car or other L_ trucks. In fact, powered industrial trucks: * Are usually steered by the rear wheels, * Steer more easily loaded than empty, * Are driven in reverse as often as forward, * Are often steered with one hand, and 59 I Have a center of gravity toward the rear, shifting to the front as forks are raised. Unlike cars, some powered Industrial trucks have a greater chance of tipping over when suddenly turned. Because of the design of powered industrial trucks, they have a very short �.= rear wheel swing. This means that, at high speeds, sudden turns can tip them and could result in serious injury and damage. Speed can cause the center of gravity to shift dramatically. Similarly, speeding over rough surfaces can cause tipping. I Although structurally different than cars, powered industrial trucks, like cars, can collide with property and people. Therefore it Is our policy for all operators to follow these driving procedures: ' Load Llfiting and CarryIng �•• Powered Industrial trucks can lift only so much. Each truck has its own load capacity, which *rating �.,. is Indicated on the plate. Powered industrial trucks also have three-point suspension that forms an imaginary triangle from the left front wheel to the right front wheel to the point between the two back wheels. The center of gravity for a powered industrial truck must lie somewhere within this triangle or else the truck will tip over. The load and its position on - the forks, as well as traveling speed and slopes, all affect the center of gravity. Loads, L themselves, have gravity with which to contend. Loads need special care so that they do not fall. In order to prevent tipping and load failing hazards, we have established the following load lifting and carrying procedures: L, Fuel Handling and Storage CILI Some of our powered industrial trucks operate with highly flammable and combustible fuels. L The storage and handling of liquid fuels, Including gasoline and dlesel fuel are done in accordance with NFPA Flammable and Combustible Liquids Code (NFPA 30-1969). All employees who handle or use flammable liquids are Instructed b the Supervisors in their q Y p safe handling and use and made aware of the specific OSHA requirements for what they are doing with the liquids. More specifically, employees are Instructed in the following procedures: I' Never smoke in fueling areas. Prevent open flames, sparks, or electric arcs while fueling. Never fuel a powered Industrial truck while the engine is running. CJ Keep solvent waste, oily rags, and flammable liquids (liquids having a flashpoint below 140 deg. F and capable of being easily Ignited, burning intensely, or having a rapid rate of flame spread) In fire resistant covered containers until removed from the workplace. L We have assessed our workplace and determined that the hazards which threaten our 60 L l C c c operators include: Struck by and or extreme heat or cold; For this reason, we require that our powered industrial truck operators wear the following PPE and equipment: Protective helmets; * Warm clothing or suits; All operators required to wear this equipment are trained: * When PPE is necessary; * What PPE is necessary; * How to properly put on, take off, adjust, and wear PPE; * limitations of the PPE; and * Proper care, maintenance, useful life, and disposal of PPE. Pedestrians All pedestrians must: Use designated pedestrian walkways. Look out for powered industrial trucks and give them the right of way. Listen for horns and other warning devices. Use any provided mirrors to assist with vision around corners. Maintenance Investing time and effort into the proper upkeep of our equipment results in day-to-day reliability. Keeping up with the manufacturer's recommended maintenance and lubrication schedules, and completing the proper records, will also Increase our trucks' longevity and enhance its resale value. See attached manufacturer's operator instruction manual(s). Periodic maintenance (those completed monthly, every 6 months, or annually) is done by a factory -trained expert or a dealer. 61 Allen Butler Construction, Inc. Safety Procedures For Work on or a iacent to Roadways Allen Butler Construction, Inc. is committed to making "Work Zone Safety" a priority for those employees on street and road projects, adjacent to roadways and of course we are committed to protecting the public. In order to accomplish this goal, the following program is adopted: Prior to beginning any project where lanes must be closed, traffic diverted or exposing the public to changes in roadways a Traffic Control Plan must be developed, and the Traffic Control Plan must be in accordance with the Manual On Uniform Traffic Control Devices (MUTCD), However keep in mind that a traffic control plan must be in place when required by the contract with the owner. Training of employees -- Employees and supervisors working In Work Zones need to be trained In the recognition and avoidance of work zone hazards and the rules associated with this type of work. PM— Employees working in roadway work zones are required to wear the appropriate PPE which consists of but is not limited to the following: Hard Hats Safety Glasses High Visibility Vests Sturdy Work Boots nosport shoes Proper Clothing Pace Protection Hearing Protection Hand Protection Traffic Control Devices — All traffic control devices must be placed In accordance with the traffic control plan, placing emphasis on distance, spacing and location. Traffic control devices (barricades, posts, sign boards etc,, barrels etc) must be regularly inspected by the Supervisor and as required by the contract must be inspected by the contractor responsible for setting up the workzone. The workzone and its signs should be inspected daily for spacng, damage or changes made by unauthorized persons. A properly set up workzone should let drivers know what is expected of them when driving through the workzone, and the workzone serves two main purposes: to divert traffic, around your work area, and to protect workers by the traffic diversion. 62 a' Purpose of Work Zone Signage: When approaching a work zone: • Proper Signage should let the public know that there is work ahead. (l Allowing sufficient time to reduce speed, and take other precautions. L • Barricades are designed to divert traffic around your work area once traffic has been warned via signs. Traffic Posts, Barrels, etc., route traffic safely along your work area. Do not assume that the public driving through your work area knows what to do, it �-, Is our job to inform them. Do make every effort reasonably possible to ensure that signs clearlly demark the work zone area. Equipment Operations-- Equipment must be operated by authorized personnel only, the r equipment must be Inspected prior to use. Document all discrepancies and damage, and LL notify the Supervisor of all serious issues that could affect the safety of the vehicle or equipment. Seatbelts must be worn, horns operational, back up alarms must be audible on equipment with an obstructed view to the rear, and parking brakes must be functional on all equipment, When equipment must drive into, or across roadways a trained flagman must be used. No Riders other than the operators, one seat and seatbelt means one rider, additionaily slow moving equipment being driven on public streets must display a "slow �moving vehicle emblem" to the rear: When parking equipment adjacent to roadways, be sure to set the parking brake, park equipment In a line, close to each other close and lock all doors and windows. Equipment parked close to roadways must be parked away from intersections, and have reflectors, and if possible place barricades on either end. Equipment unsafe to operate or being worked on must be tagged using proper lock -out tag - out procedures. FIGg9JM- Only trained, certified and authorized employees are allowed to flag traffic. Approved flagmen need to carry their training wallet card on their person at all time. Flags are no longer acceptable, A Stop/Slow paddle must be used at all times, the paddle handle must be seven feet In length. Again, flags are not acceptable. Flagmen must be considered as the "Competent Person" for traffic control, must communicate clearly with other flagmen In the workzone, and must be able to clearly convey Instructions to drivers. 63 r r r F. r r Inspections Work Zones and Work areas must be inspected daily, the Supervisor should make sure that whoever Is in charge of setting up the work zone Inspects on a regular basis. The Supervisor In charge of the job should Inspect the workzone himself on a daffy basis. Drive the entire workzone and note any items needing action. Document that the workzone was Inspected In your daily log. Accidents - All accidents and Incidents must be reported immediately and a thorough investigation must be performed. If there is evidence of an auto accident during non- working hours, preserve the scene and Inform the Superintendent and the Safety Coordinator immediately. During accident Investigations, photographs, witness statements and drawings all help in avoiding litigation. When taking statements or conducting Interviews state or document facts only, no speculation. Refer to the accident Investigation section of the Allen Butler Construction, Inc. Safety Program. 64 FF� � �struction, Inc. Allen Butler Construction Inc. Safety Orientation and Indoctrination The below signed employee has successfully completed the "New Hire Safety Orientation and Indoctrinafion" provided by Allen Butler Construction, Inc.. The listed employee understands that items covered in this orientation are to be followed during employment, and failure to comply with Allen Butler Construction, Inc. safety program can result in termination. The employee's signature on this sheet indicates his or her acknowledgement and receipt of the "Safety and Health Policy and Plan for Allen Butler Construction, Inc." Printed Name Signed Date, Administering Supervisor or Manager (Printed) Signed Date. Proposed Project Managers Organization Doing Business As�( Name of Individual DA,,►/,:f- A A)emFz, 6Z7- Years of Experience as Project Manager j yOAt 6 Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Fiu /24A y ,210/3 Reference Contact Information listin names indicates ap oval to contactingthe names individuals as a reference Name 141"' a r' Name So Sa. N ,a , Title/ Position flu Title/ Position Organization y Xt)o7- Organization Telephone it66.7419, 4f 46 Telephone i 3 E-mail :11. r o E-mail Sk ., .� Project /Naas;' ek roject F &.v ,ylameg Candidate role on Project P1 g&Y ATA.,wae2 andidates role Tri Project �aos�. 7-/fi•4.vitd�E� Name of Individual Years of Experience as Project Manager Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title! Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project C ALLEN BUTLER CONSTRUCTION, INC. #24 SOUTH LAKESHORE DRWE RANSOM CANYON, TEXAS 79336 PHONE: 806-745-7498 FAX: 806-745-7577 Daniel Wetzel graduated from Texas A&M University in May of 2009 with a Bachelor of Science degree in Civil Engineering. He is currently an Engineer -in -Training (EIT) and is working towards licensure as a Professional Engineer. He currently has three and a half years of experience in both engineering design and construction management. Following graduation, Daniel worked six months for the City of College Station as an assistant city traffic engineer. During this time, he performed several traffic and speed studies on local roads and compiled the data into reports for the city traffic engineer. He also was responsible for reviewing plans for new driveways and streets and verifying that plans met applicable city codes and ordinances. In January of 2010, Daniel began working for McClure & Browne Engineering/Surveying, Inc. (MBESI) as an EIT. During the year and three months at MBESI, he designed the necessary infrastructure and drainage improvements for commercial, land development, and capital improvement projects for municipal and private clients. He was responsible for all aspects of design from project conception to plan approval and bidding. He performed takeoffs and assembled engineers estimates of probable construction costs for project budgeting. Additionally, he reviewed and approved submittals, reviewed and provided responses for RFI's, and issued change orders as required. The design experience allowed him to become experienced with AutoCAD Civil 31), HEC-RAS, and Pipes 2000. In March of 2011, Daniel moved to Lubbock and joined the team at Allen Butler Construction, Inc. as a project manager. As a project manager, Daniel is responsible for managing and overseeing projects from award to completion. This includes contract management, project scheduling, cost control, material procurement, submission of submittals, and monthly billing. Furthermore, he coordinates with the superintendents and foremen to ensure that the project is completed on time and under budget. His experience over the past year and six months at Allen Butler Constructions, Inc. includes several multimillion dollar projects including FM 2255 Improvements, US 62 Intersection Reconstruction, Lowrey Field Site Renovations, Cooper ISD Elementary and Middle Schools, Timber Ridge Subdivision Paving Improvements, City of Lubbock Citizen Convenience Station Paving, and FISD North Elementary School. Proposed Project Superintendent Organization Doing Business As Ilea (O'ZI. Name of Individual pl: Years of Experience as Project Superintendent p Years of Experience with this organization 1 b Number of similar projects as Superintendent 10 t- Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information(listing names indicates ap oval to contactingthe names individuals as a reference Name U-0 - N Name 30,h v C- e.- 5 Title/ Position N C i Title/ Position V ye t-4 -F Organization Organization lee ket-yf,4 Telephone Telephone - W900 E-mail E-mail Project U 6 N�tare-.-t. Project ,lc\ _ Q 4a,( Candidate role on Project s`'� C�'��"e "+ Candidate role on Project 5v�2� 1 ardQ,�t Name of Individual Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Com letion Date Reference Contact Name Information (listing nanieq indicates app'roval to contactin- the Name nanies individtials as a reference) Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project ' ALLEN BUTLER CONSTRUCTION, INC 24 S. LAKESHORE DR. RANSOM CANYON, TX 79366 (806)745-7498 FAX (806)745-7577 Doug O'Neil, Foreman/Superintendent Mr. O'Neil has managed numerous projects for and in the City of Lubbock including 1! :.! Glenna Goodacre Blvd. $1,249,010.26 Vintage Township $1,167,942.00 A portion of 98th St. Improvements $12,290,648.73 US 62- TX DOT $2,444,000.00 w and various other subdivisions. Due to his experience, Doug is acquainted with most of the city staff. References: Gary McBride Excel Energy (806)679-0025 Paul Stell Stellar Development (806)798-0211 Keith Smith City of Lubbock (806)775-2341 Dewey Shroyer Texas Tech University (806)742-3801 Proposed Project Safety Officer Organization Doing Business As a v+)Qer t-0 40. Name of Individual Ka Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer 30 -)r Number of similar projects in other positions 30 + Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date .• /r� Reference Contact Information(listing names indicates a roval to contacting the names individuals as a reference Name Name C�cc Title/ Position W Title/ Position Cd fv.}401 ;4LQC' c:: T- Or anization .�,uc co S Organization Telephone eLq - 1 Telephone E-mail n) -T-M E-mail t3�� ►� Project Project Candidate role on Project Candidate tole on Project Name of Individual Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project r,'(' r ALLEN BUTLER CONSTRUCTION, INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE: 806-745-7498 FAX: 806-745-7577 Keith Carroway has been a full time safety coordinator for two years at Allen Butler Construction, Inc. He has worked for us almost 6 years accumulatively. His first 4 years with us he oversaw the quality control of the asphalt and concrete division. He has filled the role of both safety coordinator and assistant safety officer. He administers safety orientations to all new hires, gives weekly safety meetings to all personnel, and investigates any accidents on the job. He has completed several training courses pertaining to his role including but not limited to; Fall Protection, Scaffolding, Nuclear safety, Personal Protective Equipment Inspection, Ladder Safety and Inspection, Forklift Training, Fire Safety, Hazard and Exposure Identification, Fleet Safety, Lifting and Rigging, Trenching and Barricading, Traffic Control, Emergency Evacuation Plans, First Aid, and Work Zone Analysis. Before coming back to Allen Butler Construction, Inc. in 2009, he was employed as a lab technician for a company out of New York from 2007 to 2009. His primary role was performing testing with a secondary role in safety. Proposed Project Quality Control Manager Organization Doing Business As�t- 116mary Candidate Name of Individual Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager 14 Number of similar projects in other positions 3d ^r Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date AA CC,OOw4 Reference Contact Information(listing names indicates ap vat to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project I Candidate role on Project Name of Individual Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date appi-o\,al Name to contacting the names individLials as a reference) Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 8 ALLEN BUTLER CONSTRUCTION, INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE: 806-745-7498 FAX: 806-745-7577 Keith Carroway has been a full time safety coordinator for two years at Allen Butler Construction, Inc. He has worked for us almost 6 years accumulatively. His first 4 years with us he oversaw the quality control of the asphalt and concrete division. He has filled the role of both safety coordinator and assistant safety officer. He administers safety orientations to all new hires, gives weekly safety meetings to all personnel, and investigates any accidents on the job. He has completed several training courses pertaining to his role including but not limited to; Fall Protection, Scaffolding, Nuclear safety, Personal Protective Equipment Inspection, Ladder Safety and Inspection, Forklift Training, Fire Safety, Hazard and Exposure Identification, Fleet Safety, Lifting and Rigging, Trenching and Barricading, Traffic Control, Emergency Evacuation Plans, First Aid, and work Zone Analysis. Before coming back to Allen Butler Construction, Inc. in 2009, he was employed as a lab technician for a company out of New York from 2007 to 2009. His primary role was performing testing with a secondary role in safety. Contractor's Project Experience and Resources ri Organization Doing Business As I Ail eN J�-I e J` i CrivS ). 1'n2— Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five ears which specifically illustrate the organizations capability to provide best value to the Owner for this project. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the proposed key personnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control Set— cL t -cam*' O� i2. 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meeting HUB / MWBE Participation Goal Provide a list of major equipment proposed for use on this project Attach Additional Information if necess Equipment Item Primary Use on Project Own BWiill Lease L Division of Work between • What work will the or anization complete using its own resources? CL ilk %"V,.M i' ix, fi What work does the organization propose to subcontract on thisproject? z Attachment A Current Projects and Project Completed within the last 10 Years Project Owner Project Name +I - keco CJS General Description of Project: (k) 0 4- j s j c7o, uk� Project Cost y i wod bate Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager • Name TC,,-C4J lie ifl e,4 "Z A,. (r-.Vc,,c.. Aq C,;01 'zMk..5 Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Ne,\ we)`h ;A,_( ,Nw C_" of J jbhx%4 1Q06 775^-3oZsq ae.Jc,ho) aq lu66,,11.,n Designer E.M00 J beer go3.s9S-3'It Construction Manager M ep m6S e G N �Pe/' x aT �j'Q ro ^(037 -' 4561 < re M1prj .5� Project Owner Project Name ts4oeer y M Move General Description of Project: o@,n e Project Cost !t{ -b �-� Date Project Completed 1 O - 30-02? Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name t -W Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) .r Name Title/ Position Organization Telephone E-mail Owner 1'k; 0\ S M : iM C i-{ +� d� b6c k b •=71 --3341 w& n ai jA k 4.vS1 Designer Pau\ M1 iA{cam `tj r ;c1N 3Mi ,JAn MG <-aa.00 PMC4(\t11('2WCDJ-e&A xy Construction Manager Project Owner I C t bc,c tZ Project Name y" o,_i yp fifro,j3jf rVc4 It Al General Description of Project: 0+ %6, Roctg 4 u/ i cko � Project Cost 8 -1.5a {p Date Project Completed � b c31 l i Key Project Personnel Project Manager Project Superintendent Safety Officer Qom' Control Manager Name t,\�_ htteSd3,, tr.+ _5 Ccw , rc Reference Contact Information (listing names indicates approval to contacting the names individuals as a ref ence) Name Title/ Position Organization Telephone E-mail Owner N;\'Ve)c.VN i 1 P f F C. 0� J 6 c �CYo•'1>s - J'L{ n/weft�IC3 M 4h6'11,,,5 Designer AAk -r t• O.W_ isZ' rin ( ( o Aj l y - LL:�v,52,o0 fGQ Tf,b6t ec?i1` f -(fcr Construction Manaeer Attachment A Current Projects and Project Completed within the last 90 Years Project Owner Project Name 5 General Description of Project-e- �» i Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Mana er Name r a &r t o ma M=e Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner � �/y l� t Designer - - K• ne Construction Manager Project Owner (;,a �� ��� Project Name L D�Spm General Description of Project ` Project Cost Date Project Completed Key Project Personnel Project Manager Project Su erintendent Safety Officer Quality Control Manager Name j rWril!i$ ' W Dta7Ck Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name a�. Title/ Position Organization Telephone E-mail Owner G �a -Z�S�aI't C• Designer Construction Manager Project Owner p �, Project Name �- �, �' road General Description of Project: `R*_ft 3q Project Cosh , pb Date Project Completed lD Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name ; ,g Reference Contact Information (listing names indicates approval to contacting the names indivi uals as a ference) Name Title/ Position Organization Telephone E-mail Owner - (_',i cF Lub6 'g0(r, 45- C� ' � Designer14eolyL ap_65= eni ? WC61S ZLI - X11 - a IR I Yzrl E Gc9,nn. Construction Manager 14 Y.." Attachment A Current Projects and Project Completed within the last 10 Years Project Owner 'j xb07— Project Name rAl gg_. - ,Grekou,� y ri�rpiz�YE�rE.vrs General Description of Project: ileavc AY /,J ,,vsrrtncrrow.4�v� srntiz,- .401002 ��+Sr4�z.a r oil Project Cost I Date Project Completed /4.4y R0/3 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name DA,4,e1- PJCr&,Ft_ I &Zity rVA,/S 60rN G4R aa4 KLIfH G4'0,e,OtafiY Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Lr. .u,E �. � • �2 A uG+wEER72 L07— :906 • q s.4g4(o wi 1, rnadl (i f xelof. Designer Construction Manager Project Owner f X b07 7 Project Name 6 General Description of Project: oc �„7 �,,,�j j�,v�vxsiryy ,a�ve3ivi,�,JeF ,vt. Project Cost I Date Project Completed A wo-e 7 o?01,9 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name �A.ur�Cz- t��;�EL oo& Lail% is X&rq 6k "kjAy 90,tH Gtizno..r � Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner q- AP-r-A E,v& /E rt --N4$ • 4&(v W/ll•barna (s tx , Designer Construction Manager Project Owner Project Name �,� - 7 ,n, S�r� ��.ue✓.�rn�+�os General Description of Project: 4'+W I&eU h vA �14cseml�'r�t: Ts cF �'.a�ui.�� C+�rs ,Qs�+b E,ur-.rfe,vc s. Project Cost ,�, /y(lLyJ Date Project Completed Apt« 20 /$ Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name D re-L IV�9L &99V EiA V.S 64AA4.JXY 44.,L.c, Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner A'EAar LJ4,.-rr,25 L 15 P So& . AJ q 1, ,q I S Designer 9FN7' 14 T , O� Construction Manager 14 Attachment A Current Projects and Project Completed within the last 10 Years Project Owner % Projecf Name General Description of Project: Project Cost F �-.2 , 0 Date Project Completed is-5- 012 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name o �„ ; ' Own Reference Contact Information (listing names indicates approval to contacting the names individKials as a r erence) Name Title/ Position Organization Telephone E-mail Owner - c{ Designer Construction Manager Project Owner t" �,��. ,f,�Jip� t P Project Name i5�tfo 4 uo("Iees ib= pvp— General Description of Project ivav��SJoaJ p� ar/ ,� Project Cost 3 k1o, - w5` Date Project Completed 1"k oto l Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name ide aJ2sT *Zo. � � i�2i+Kcwn!k kk o-,-CarRo Reference Contact Information (listing names indicates approval to contacting the names indivi uals as a reference) Name Title/ Position Organization Telephone E-mail Owner '•.e _kV,, Srn,��n. Ce L �sj� C f ar` c�v5bcc� ©f�>�s �3�} j;Sro,� j-tw�.�e,�\•ci.ly Designer Construction Manager Project Owner 1 `J'yc oOor Project Name General Description of Project: .Q 00 t kiCj ; QV Project Cost Date Projecl Completed _gyp y\ Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name �c�qSoo rteovot vj%ZQ J 1v2i `�• C l�^t�-h C � Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner " . sOp") POP-7- Designer Construction Manager 14 4• Gals J i Project Information Project Owner 1344 0; Project Name General Description of Project 3A' < W;Jr -�Pro:ject Budget and �chedule Performance Budget History Schedule Performance Amount % of Bid Amount Date Days Bid Notice to Proceed Nat Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed tlJoel Unforeseen Conditions dq Change Order Authorized Substantial Completion Date la Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost Key Profec'�'J,Personnel Actual / Estimated Final Project Manager Completion Date Project Sup Safety Officer Quality Control Manager Name j{ ,,� Percentage of Time Devoted to the Project o Proposed for this Project L05 To 0 1.00 p Did Individual Start and Complete the Project? fn If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner L "NV" �.i irk' ,. k $o-714 - 3�5 @ Designer ,� i {-at'1- 01 l ' 0- Construction Manager Suretydi A.1 ri esol6tion� by Arbitration,: Litigation or Number of Issues Total Amount involved in Resolved Resolved 4ssues t 8►n-3�b- �i�a�C) a .c,o Dispute Review Boards, Number of Issues Total Amount involved in Pendin Resolved Issues 16 tT Project Information Project Owner c Project Name General Description of Project �wen.l�,q �1 S�i nq �A1i'F.Yh»�� Smarm �plrJeY' 2.y�o�nSia+� 1 S�eW'eY6i►Me E1�or� Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 4 152) 00+- is Notice to Proceed -5- 0 (o 4BI) Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date - 8 q gp Final Cost 1� �© , a p - • - �6rsonnel Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer a D $ 1Jr� Quality Control Manager Name •eRe R-101FE Percentage of Time Devoted to the Project p Proposed for this Project 3 0 o2b Did Individual Start and Complete the Project? hn If not, who started or completed the project in their place.rick fiwtokrl RUck 6nL4,-rfe6 Reason for change. - ontact Inf6rhi8tion'• • _•• • to contacting -8� individuals Name Title/ Position Organization Telephone E-mail Owner iL to - 4 l .c+ Designer erg �,w;, - �xby Constriction Manager Sure OWN Number of Issues Total Amount involved in - Resolved Resolved Issues 4, vag dad Number of Issues Total Amount involved in Pendin Resolved Issues 16 i Project Information Project Owner I QY FiAbe Project Name M L V, Re Jaw't General Description of Project oA WV61L. orn E. O�dW -� �• t��` Project BUdq',et and Schedule Performance Budget History Schedule Performance Amount % of Bid Amount Date Days Bid �$ $ , "' Notice to Proceed Change Orders , 443 Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Ll - a - p Final Cost 1 150, Sty. -y "Pro�ect Personnel Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer Quality Control Manager Name kctk htti,e ire.enni� �lJo�5 Percentage of Time Devoted to the Project p Proposed for this Project $ 35 .;qa o2z Did Individual Start and Complete the Project? If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner ,� � k to- 5- 7 Designer Construction Manager Sure Number of Issues Total Amount involved in - Resolved Resolved Issues D� - �- / @, 61i In- 3.8 r Number of Issues i7Total Amount inin Pendin Resolved issues 16 Abzc X6 Proieet information Project Owner � /fib 7— Project Name 6 General Description of Project Budget History Schedule Performance Amount of Bid Amount Date Days Bid y7, 4 �{q, 3�y, o Notice to Proceed os /b 1AQ 1A Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total 1 Actual / Estimated Substantial Completion Date Cslvc /fora Final Cost 1,107, qW. o:sr Actual / Estimated Final Completion Date D 9/ps/ac i A Key ProJect Personnel Project Manager Project Sup Safety Officer Quality Control Manager Name Z WVrVLr.L OV4 0iV41L r X&,,4 E Y 96V Percentage of Time Devoted to the Project 'ZO % 5 /o % may. Proposed for this Project 9616 9 51 s /07.. /o Did Individual Start and Complete the Project? j/Es YES yF,s If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner t /? iv 7'7�ba ' 4 S.4 q &4,. Designer Construction Manager Sure Di�PWCS lZesolved or Pending lZesoltition by Arbitration, Litigation or DiSpUte Number of Issues Total Amount involved in Resolved Resolved Issues lZeview Boards Number of Issues Total Amount involved in Pending Resolved Issues 16 gf",, ORGANIZATIONAL APPROACH ATTACHMENT K 1. CONTRACT ADMINISTRATION: Contract and Subcontract Award James Davis, vice President, and Jerry Colbum, Comptroller, will review/approve all contracts and subcontracts for the project. RFI's and Submittals Daniel Wetzel, project manager, will oversee all RFI's and submittals for the project. Billing and Payroll Daniel Wetzel, project manager, will draft and summit all payment requests to the owner. Cindy Riddle, office manager, will oversee all certified payrolls and accounting documents for the project. 2. MANAGEMENT OF SUBCONTRACTORS AND SUPPLIERS Daniel Wetzel, project manager, will oversee all scheduling and payment requests for all subcontractors and suppliers. Doug O'Neil, project superintendent, will manage subcontractor operations onsite. 3. TIME MANAGEMENT Daniel Wetzel, project manager, will create and maintain a Primavera P6 schedule for the project. This schedule will be submitted and discussed at the project progress meetings with all parties. Project schedule will be communicated daily with James Davis, vice president, and Doug O'Neil, project superintendent. 4. COST CONTROL Internal cost control will be recorded by Jerry Colburn, comptroller, and managed by Allen Butler, President, and James Davis, Vice President. External cost controls, including change orders, will be the responsibility of James Davis and Daniel Wetzel. 5. QUALITY MANAGEMENT Keith Carroway, quality control/assurance manager, will oversee all work items to ensure they meet or exceed all plans specifications. Daniel Wetzel and Doug O'Neil will be knowledgeable of all plans and specifications for the project and act a further layer of inspection for all items of work. a 6. PROJECT SITE SAFETY Doug O'Neil, Project Superintendent, will be the first line of safety inspection for the project as he will be onsite at all times. Keith Carroway, Safety Manager, and Daniel Wetzel, project manager, will make daily visits to the site. All employees and subcontractors will be made aware and trained on wearing all personal protective equipment, haul routes, trench protection, and first aid. All Allen Butler Construction, Inc. pickups also carry first aid kits as well as fire extinguishers. 7. MANAGING CHANES TO THE PROJECT James Davis and Daniel Wetzel will draft, negotiate, and approve all change orders for the project. 8. MANAGING EQUIPMENT Doug O'Neil, project superintendent, will handle and schedule all equipment operations, haul routes, maintenance, and repairs for the project. 9. MEETING HUB/MWBE PARTICIPATION GOAL Allen Butler Construction, Inc. solicits HUB/DBE every month through advertising in the local newspaper. Any quotes that are received from HUB/DBE contractors are given the same attention as all contractors. ALLEN BUTLER CONSTRUCTION, INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE:806-745-7498 FAX:806-745-7577 Attachment L Allen Butler Construction, Inc. owns over 900 pieces of equipment to handle any type of project. We are proposing to use the following for this project. 2 —140H Motor graders 3 — 815 Cat Compactors 2 — Dynapac Vibratory Compactors 2 — 4000 gallon Water Trucks 2 — Dynapac 25 ton Rubber Tire Roller 1— Dynapac Steel Wheel Roller 1— 4 yd Cat Loader 3 — Excavators 2 — Dynapac Sheepfoot 2 — Gomaco Paving machine (concrete) 1 — Gomaco Placer 1 — Gomaco Cure & Tine Machine 2 — Rubber Tire Backhoe/Loader 1 — Central Mix Concrete Plant 2 — Front End Loaders 3 — 623 Scrapers 15 — Belly Dump Tractors and Trailers 10 — Tandem Axle Dump Trucks 10 — Concrete Mixer Trucks 10 — Dump Trucks for Concrete Placement Contractor's Subcontractors and Vendors Organization Doing Business As Projcct Subcontractors Provide a list of subcontractors that will provide more than 10 percent of the work aced on contract amounts Name Work to be Provided Est. Percent of Contract HUB/MWBE Firm Provide information on the proposed key personnel, project experience and a description of past relationship and work experience for each subcontractor listed above using the Project Information Forms. Provide a list of major equipment proposed for use on this project. Attach Additional Information if necess Vendor Name Equipment / Material Provided Furnish Only Furnish and Install HUB/M WBE Firm l� r 10 L CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a proposal must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of proposal submittal. Failure to submit the following Proposal Evaluation information may result in the OWNER considering the proposal non -responsive and fs result in rejection of the proposal by the OWNER. Offerors are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to'secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? k4(,{cl me� E C. SAFETY: Does the organization stress and support safety as an important function of the work process? A^ &"er4 D. OUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? A—TT1V awt+ G (' (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? if so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment'X. E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. _v e The qualifications of a firm shall not deprive the OWNER of the right to accept a proposal, which in its judgment is (- the lowest and best proposal, to reject any and all proposals, to waive irregularities in the proposals, or to reject nonconforming, non -responsive, or conditional proposals. In addition, the OWNER reserves the right to reject any proposal where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material nsstatements on the qualifications forms may be grounds for rejection of the firm's proposal on this -' project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: 444c.hmtoA : 0-o- ALLEN BUTLER CONSTRUCTION, INC. 24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TX 79366 (806)745-7498 (806)745-7577 — FAX RE: QUALIFYING STATEMENTS D. 1— COMMITMENT TO QUALITY Allen Butler Const., Inc. is highly dedicated to producing a quality product in each and every facet of operation. If you will note the organization chart, we have quality control officers which inspect and approve projects — from start to finish. We also have in house lab testing to insure quality of materials. H ALLEN BUTLER CONST., INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TX 79366 (806)745-7498 (806)745-7577 — FAX RE: QUALIFYING STATEMENTS D.2 - QUALITY OF WORK Duties of Project Managers and Quality Control Personnel: The reputation of this company relies on you performing your duties to insure the highest quality of performance on each and every project. Communication between yourself and all foremen is necessary to obtain this goal. ALLEN BUTLER CONSTRUCTION, INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE:806-745-7498 FAX: 806-745-7577 Attachment: I Allen Butler Construction, Inc. has been recognized by the City of Lubbock for the construction of Westchester Park Lots 414-481. Texas Chapter American Public Works Association awarded Allen Butler Construction, Inc., Public Works Project of the Year 2008. Texas Mutual Insurance Co. has recognized Allen Butler Construction, Inc. for our dedication to employee health and safety for the past 2 years. Jewel Davis, Orchard Park, offered to buy lunch for the entire company for the excellent job that was done on Orchard Park. ,47-rt+ekryLe4 -E- - ,3 ALLEN BUTLER CONST., INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TX 79366 (806)745-7498 (806)745-7577 —FAX RE: QUALIFYING STATEMENTS EA — CONFORMANCE TO CONTRACT DOCUMENTS Allen Butler Const., Inc. takes the commitment to conformance of contract documents seriously. Before any project is begun the entire staff comes together to be informed as to what is expected of them. Not only the project manager, but the team from quality control, continues the inspection of each project on a regular basis. Page Intentionally Left Blank SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: FEDERAL TAX ID or SOCIAL SECURIT o. 7 © Ze)/ Signature of Company Official: _0i'l., r WJL�' Printed name of company official signing above: 14H eN J�V+)-e^ R Date Sig ned: �o ��' ►a Page Intentionally Left Blank PROPOSED LIST OF SUB -CONTRACTORS Company Name Location 1. N O N2 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Services Provided Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: a+Wf . I (PRINT NAME OF COMPANY) RFP 12-10839-MA, John T. Montford Dam Erosion Control Project Page Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank Company Name 1. M y Ne 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13, 14. 15. 16. FINAL LIST OF SUB -CONTRACTORS Minority Owned Location Services Provided Yes No 0 ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ o ❑ 0 ❑ o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ 0 ❑ 0 ❑ SUBMITTED BY: (PRINT NAME OF COMPANY) THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 12-10839-MA, John T. Montford Dam Erosion Control Project Paae Intentionally Left Blank PAYMENT BOND Pate Intentionally Left Blank Bond No.PRF09102265 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF TIIE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Allen Butler Construction, Inc (hereinafter called the Principal(s), as Principal(s),and Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Three Million Four Hundred Forty -Eight Thousand Nine Hundred Forty -Four Dollars and Eighty Cents ($3,448,944.80) 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 29th day of November, 2012, to Proposal 12-10839-MA, John T. Montford Dam Erosion Control Project and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 3rd day of December 2012. Colonial American Casualty And Surety Company 1 r y Allen Butler Construction, Inc. (Company Name) By. Allen Butler (Printed Name) (Signature) President (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn 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. Colonial American Casualty And Surety Company Fidelity And Deposit Company Of Maryland Surety *g (Title) Kevin J Dunn Attorney -In -Fact Approved as to form: City of Lu k By: Ci Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 PERFORMANCE BOND Page Intentionally Left Blank Bond No.PRF09102265 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Allen Butler Construction, Inc KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and Colonial American Casualty And Surety Company and Fidelity And Deposit Company Of Maryland (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Three Million Four Hundred Fortv-Eight Thousand Nine Hundred Forty -Four Dollars and Eighty -Cents ($3,448,944.80) 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 29th day of November, 2012, to Proposal 12-10839-MA, John T. Montford Dam Erosion Control Project and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 3rd day of December ,2012. Colonial American Casualty And Surety Company Fidelity And Deposit Company f Maryland Allen Butler Construction, Inc Surety % / / (Company Name) * By: nIn-Fact By; Allen Butler (Tltle)Kevin J. Dunn, tt (Printed me) Ira", '/"�/r&l A Signa e) President (Title) 1 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J . Dunn 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. Colonial American Casualty And Surety Company Fidelity And Deposit Company Of Maryland Surety * (Title) Ke in J. Dunn, Attorney -In -Fact Approved as to Form City of u oc By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the Sasuance aryland, by THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assista gc4 of authority granted by Article Vl, Section 2, of the By -Laws of said Companies, n side hereof and arein hereby certified to be in full force and effect on the date her ppoint Tracy TUCKER, Tobin TUCKER, W. Lawrence BR . D 1 h, Texas, EACH its true and lawful agent and Attorney -in -Fact, to ni,,o d v i behalf as surety, and as its act and deed: any and all bonds and un t� o ndependent Executors, Community Survivors and Community Guar ' it,, e xecu or undertakings in pursuance of these presents, shall be as binding upon said Co [Ma a � tents and purposes, as if they had been duly executed and acknowledged by the regularly electedWF)h mpany at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that ' s on behalf of Tracy TUCKER, Tobin TUCKER, W. Lawrence BROWN, dated October 11, 2004. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals, of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 20th day of April, A.D. 2009. ATTEST: �•�q 9EPps�f �--�1' J rq1,� SEAL State of M?rvland City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Gerald F. Haley Assistant Secretary By: 7heodore G. Martinez On this 20th day of April, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINE.Z, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,•``"u +r' r�'• Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 168-2829 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 168-2829 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3rd day of Iecanber 1 2012 Assistant Secretary Fidelity and Deposit Companies U Home Office: 3910Keswick Road Baltimore, MD 21211 IMPORTANT NOTICE To obtain information or male a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR. POLICY: This notice is for information only and does not become a part*or condition of the attached document. S8543f(TX) (08/01) CERTIFICATE OF INSURANCE Page Intentionallv Left Blank ACCU v® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/3/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER C' Dianne Link NAME: IBTX Risk Services 6363 N. State Highway 161 Suite #100 PHONE FAX EM 2 4- -71 Alc No : 14- 6- 9030 EMINIo ADDRESS: - INSURE S AFFORDING COVERAGE NAIC # Irving TX 75038 INSURERA.Valley Forge Insurance Company 20508 INSURED INSURER B:Texas Mutual Insurance Co 22945 INSURER C:St Paul Fire & Marine Ins Co 47 7 Allen Butler Construction, Inc. 24 South Lakeshore Drive Ransom Canyon TX 79366 INSURER D:National Fire Insurance of Hartford 20478. INSURER E INSURER F : -1 COVERAGES CERTIFICATE NUMBER: 1nn4Rsq iriq REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR BR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD LIMITS D GENERAL LIABILITY 4013609294 /1/2012 /1/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTS PREMISES Ea occunence $300,000 CLAIMS -MADE a OCCUR MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2,000,000 $ POLICY x PRO- El LOC A AUTOMOBILE LIABILITY 4013609280 41112012 /1/2013 Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS E AUTOS C X UMBRELLA LIAR X OCCUR ZUP-11 P31277-12-NF /1/2012 /1/2013 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAR CLAIMS -MADE DED X RETENTION $10,000 $ B WORKERS COMPENSATION SF-0001074270 12/1/2012 2/1/2013 X WCSTATULIM - I OTH- ER AND EMPLOYERS' LIABILITY Y / N ANY OFFICER/MEMBER EXCLUDED PROPRIETOR/PARTNERIEXECUTIVE NIA E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The General Liability and Automobile policies include a blanket automatic additional insured endorsement [G-140331-C 10/10, G-18652-1 07/09 & CA0403 06/04] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Automobile, and Workers' Compensation policies include a blanket automatic waiver of subrogation endorsement [CG2404 10/93, CA2089 06/04 & WC420304A 01100] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires such status. Cancellation per attached [CG0205 12/04, CA0244 06/04 & WC420601 01/94]. Re: John T. Montford Dam Erosion Control Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lubbock ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 2000, Room 204 Lubbock TX 79457 - I AUTHORIZED REPRESENTATIVE 0.. OAY� L.J ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ALLEN BUTLER CONSTRUCTION, INC POLICY NO. C 4013609294 0 0 CNA_ G-140331-C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITiJ 00f% flitra-,o mm tCrch f ocoATinkIQ nf1\/CDA1*C This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract' per Paragraph A. below.) Locations of Covered Operations (As per the 'written contract,' provided the location is within the 'coverage territory' of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by 'written contract' to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for 'bodily injury," 'property damage,' or 'personal and advertising Injury' caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract'; or c. 'Your work' that is specified in the 'written contract° but only for 'bodily injury' or 'property damage' included in the "products - completed operations hazard,' and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the "written contract'; b. Described in B.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract,' this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to 'bodily injury,' 'property damage,' or 'personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or -"` G-140331-C Includes copyrighted material of Insurance Services Off loe, Inc., with its permission Page 1 of 2 (Ed. 10/10) b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, -, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: -' (1) Give us written notice of an "occurrence" or an offense which may result in a claim or 'suit' under this insurance, and of any claim J or 'suit" that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) sand us copies of all iogaal pap 'e`.Di-4, _ papers v vrvu and otherwise cooperate with us in the investigation, defense, or settlement of the claim or 'suit'; and (4) Tender the defense and indemnity of any - claim or 'suit" to any other insurer or self Insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the 'written contract" requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. G-140331-C (Ed. 10/10) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or 'suit.' 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other insurance a. (Primary Insurance This insurance is primary and non- contributory- except when rendered excess by endorsement G-140331-C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V - DEFINITIONS is amended to add the following definition: 'Written contract' means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury' or 'property damage"; or b The offense that caused the "personal and advertising injury' for which the additional insured seeks coverage under this Coverage Part. G-140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 (Ed. 10/10) ALLEN BUTLER CONSTRUCTION, INC. POLICY NO. C 4013609294 G-18652-I (Ed. 07/09) 1. MISCELLANEOUS ADDITIONAL INSUREDS; b. Controlling Interest Section II Who Is An Insured is amended to include Any persons or organizations with a —' as an insured any person or organization (called controlling interest in you but only with additional insured) described in Paragraphs 2.a. respect to their liability arising out of: through 2.g. below whom you are required to add as (1) Their financial control of you; or an additional insured on this policy under a written contract or written agreement. However, the written (2) Premises they own, maintain or contract or written agreement must be: control while you lease or occupy these premises. 1. Currently in effect or becoming effective during the term of this policy; and This insurance does not apply to structural alterations, new construction - 2. Executed prior to the "bodily injury," 'property and demolition operations performed by damage' or 'personal injury and advertising or for such additional insured. Injury,' but c. Managers or Lessors of Premises Only the following persons or organizations are additional insureds under this endorsement and A manager or lessor of premises but only coverage provided to such additional insureds is with respect to liability arising out of the limited as provided herein: ownership, maintenance or use of that specific part of the premises leased to a. State or Governmental. ;Agency or you and subject to the following additional Subdivision or Political Subdivisions exclusions: A state or governmental agency or This insurance does not apply to: subdivision or political subdivision subject to the following provisions: (1) Any 'occurrence" which takes place -G after you cease to be a tenant in that (1) This insurance applies only with premises; or - _ respect to the following hazards for which the state or governmental (2) Structural alterations, new agency or subdivision or political construction or demolition operations subdivision has issued a permit or performed by or on behalf of such authorization in connection with additional insured. premises you own, rent, or control d. Mortgagee, Assignee or Receiver and to which this insurance applies: (a) The existence, maintenance, A mortgagee, assignee or receiver but only with respect to their liability as repair, construction, erection, or mortgagee, assignee, or receiver and removal of advertising signs, arising out of the ownership, awnings, canopies, cellar maintenance, or use of a premises by entrances, coal holes, driveways, you. manholes, marquees, hoistaway openings, sidewalk vaults, street This insurance does not apply to banners, or decorations and structural alterations, new construction or similar exposures; or demolition operations performed by or for (b) The construction, erection, or such additional insured. removal of elevators; or e. Owners/Other Interests — Land Is (2) This insurance applies only with Leased respect to operations performed by An owner or other interest from whom you or on your behalf for which the land has been leased by you but only with state or governmental agency or respect to liability arising out of the subdivision or political subdivision ownership, maintenance or use of that has issued a permit or authorization. specific part of the land leased to you and subject to the following additional This insurance does not apply to "bodily exclusions: injury," 'property damage' or 'personal and advertising injury" arising out of This insurance does not apply to: -- operations performed for the federal government, state or municipality. (1) Any 'occurrence° which takes place after you cease to lease that land; or G-18652-1 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 (Ed. 07/09) ALLEN BUTLER CONSTRUCTION, INC. POLICY NO. C 4013609294 G-18652-1 (Ed. 07/09) (2) Structural alterations, new required by written contract or written construction or demolition operations agreement, we will consider any performed by or on behalf of such other insurance maintained by the additional insured, additional insured for injury or f. Co-owner of Insured Premises f damage covered by this endorsement to be excess and noncontributing A co-owner of a premises co -owned by with this Insurance. you and covered under this insurance but 2. EMPLOYEES AS INSUREDS — HEALTH CARE _.. only with respect to the co -owners liability SERVICES as co-owner of such premises. ` g. Lessor of Equipment Paragraph 2.a.(1)(d) of Section If — Who is An Insured is deleted. Any person or organization from whom 3. JOINT VENTURES / PARTNERSHIP / LIMITED you lease equipment. Such person or LIABILITY COMPANY COVERAGE organization are insureds only with respect to their liability arising out of the A. The following is added to Section II — Who Is An maintenance, operation or use by you of Insured: -! equipment leased to you by such person •wi 4. You are an insured when you had an interest or organization. A person's or organization's status as an insured under in a joint venture, partnership or limited this endorsement ends when their written liability company which terminated or ended contract or written agreement with you for prior to or during this policy period but only to such leased equipment ends. the extent of your Interest in such joint venture, partnership or limited liability With respect to the insurance afforded company. This coverage noes not apply: these additional insureds, the following -- additional exclusions apply: a. Prior to the termination date of any joint venture, partnership or limited liability This insurance does not apply: company; or (1) To any 'occurrence' which takes b. If there is other valid and collectible place after the equipment lease insurance purchased specifically to insure expires; or the partnership, joint venture or limited (2) To 'bodily injury,' 'property damage,' liability company. or 'personal and advertising injury' c. To a joint venture, partnership or limited arising out of the sole negligence of liability company which is or was insured such additional insured. under a 'consolidated (wrap-up) o Any insurance provided to an additional insured insurance program.' �a designated under Paragraphs a. through g. above 'Consolidated (wrap-up) insurance program' does not apply to 'bodily injury' or 'property means a construction, erection or demolition damage' included within the 'products -completed project for which the prime contractor/project _-_ operations hazard.' manager or owner of the construction project T As respects the coverage provided under this has secured general liability insurance covering some or all of the contractors or provision, Paragraph 4.b.(1) of Section IV — subcontractors involved in the Project, Commercial General Liability Conditions is otherwise referred to as an Owner Controlled deleted and replaced with the following: Insurance Program (O.C.I.P.) or Contractor 4. Other Insurance Controlled Insurance Program (C.C.I.P.). b. Excess Insurance B. The last paragraph of Section II — Who Is An Insured Is deleted and replaced by the following: (1) This Insurance is excess over: Except as provided in Paragraph 4. above, no Any other insurance naming the person or organization Is an insured with respect additional Insured as an insured to the conduct of any current or past partnership, whether primary, excess, contingent joint venture or limited liability company that is not or on any other basis unless a written shown as a Named Insured in the Declarations. =_ contract or written agreement - specifically requires that this insurance be either primary or primary and noncontributing. Where I G-18652-1 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 3 of 8 (Ed. 07109) POLICY NUMBER: C 4013609294 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Allen Butler Construction, Inc. CQ 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES AMENDMENT OF I[�i�E� �I N PROVISIONS OIL COVERAGE GANG This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGEPART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the Insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: "PER SCHEDULE ON FILE WITH COMPANY° 2. Address: 3. 1 Number of days advance notice:6 0 Information required to complete this Schedule if not shown above will be shown In the Declarations. CQ 02 0512 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 NAMED INSURED: Allen Butler Construction, Inc. POLICY NUMBER: C 4013609294 CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL, GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: RSt?W Olt C)R�ANIZ�IT�0 WHQ `$i t ,]F !XW 4919- _REQLT I $p TPI 0"�W THIS-:1iV A' OUR R.WT %O R$QA FROM; UNIJ* A WIftE T COXT"CT Oli . CAI iS;NT' ^� (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST because of payments we make for injury or damage arising OTHERS TO US Condition (Section IV —COMMERCIAL out of your ongoing operations or "your work" done under a -- GENERAL LIABILITY CONDITIONS) Is amended by the contract with that person or organization and included in the addition of the following: "products -completed operations hazard." This waiver We waive any right of recovery we may have against the applies only to the person or organization shown in the Schedule above. { person or organization shown in the Schedule above CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 ._� �1 C 4036p9280 GPo[IcYNUM EW: D)M RCL AUTO CA $ OB 04 THIS ENDORSIEMENT CHANGES THE POLICY. pLEASE READ IT CAREFULLY. DIT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERACRE FORM QARAGE G.OVERAOE FORM 10070RCAR IEi'i CCVERAGI FORM TRU kk dbitRA E PORM with respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modlfled by the endorsement. This endorsement changes the policy effeotive on the inception date of the policy unless another date is Indicated below, Endorsement Effective: 04/01/12 Counts alkittrized Named MET n B.U., Con8trUgt;.oh, Ind, Ren SCHEDULE Namo Afid Address of Additlorial lnOlMd:BLA KET - ANY PERSON OR ORGhNizATION iJa _ llll 1 m. t1d A -WO, A t C- c-T on MAXIM*"' t"' (if no entry appears, above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. Who Is An insured (Section ii) is amended to include C. You are authorized to act for the additional Insured as an 'Insured' the person(s) or organizations) named in the Schedule or Declarations in all matters shown in the Schedule, but only with respect to their pertaining to this Insurance. legal liability for acts or omissions of a person for D. We will mail the additional insured named in the whom Liability Coverage Is afforded under this schedule or Declarations notice of any cancellation policy. of this policy. i# we cancel, we will give 10 days S. The additional insured named In the Schedule or notice to the additional insured. Doolaratlons Is not required to pay for any premiums E. Tha additional Insured named In the Schedule or stated In the policy or earned from the policy. Any Declarations will retain any right of recovery as a return premium and any dividend, If applicable, claimant under this policy. declared by us shall be paid to you. CA 04 03 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 POLfCYNUMf§Ei ; 4013609280 COMMERCIALAUTO CA 20 80 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS C HANGES IN TRANSFER OF FIGHTS OF RECOVERY A .AWN fi OT46 H If TO U This endorsement.modiffea Insurance provided under the following; BUSINESS AUTQ CO VERAQ , POt�hA BUSiN15SS AUTO rHYSIC . DAMAGE COVERAGE FORM GAAAGE COVERAGE FORM MOTOR CAI iFiIR. CcVERAa FORM TRUCKIERS COVERAGE -FOAM With respect to cov®rage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below. endorsement Ef f6611M. 04/01 /12 County ne ; Auth r ed ® en & ive Named fnsuMen Butler Ccnectzuation, Tna. SCHODULE Name Of Person(s) Or OrganG111 att(s),M� Ok ti% Sox 09 bROAVXZATXgX ti*6-OR"t-k. y Aft$ AnStUfi tED 0 lY3 MAIN I iT1T 8 QL?; OUT# t f�Q o &&G0i%1 8WK 10 100N13]Btt A Wlt"R C01+Y 9AdT 09 AOAAWVN ' Additional Premium- 50,0.0 (if no entry appears above, Information required to complete This endorsement will be shown In the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To additional premium shown above, regardless of any Us Condition doe's not apply to the persons) or early termination of this endorsement or the policy. organizatlon(s) shown In the Schedule. We will retain the CA 20 89 06 04 Copyright, ISO Properties, inc,, 2003 Page 1 of 1 POLICY NUMBER C 4013609280 COMMERCIAL AUTO CA 44 06 04 THIS ENDOREEME14T CHANCES THE POLICY, PLEASE READ IT CAREFULLY. TEXAS PROVISION OR COVEMOE FRANC ENDORSEMENT This endorsement modifies lnsurahce provided under the fofiowtnW. BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date Is Indicated below. Endorsement Effective; 04/01/12 Count n By: Named Insured ilen Butler Conatxuatic>n, Inc. SCHEDULE Number of Days' NONCOM Name Of Person Or OrganizationPER SCHEDULE ON TILE WITH COMPANY Address It this policy Is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named In the Schedule. We will give the number of days' notice indicated in the Schedule. . CA 02 44 06 04 Copyright, 180 Properties, Inc., 2003 Pagel of 1 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A TEXAS WAIVER-6 5OUR RIGHT TO RECOVER, -FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1 ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named' Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001074270 of the Texas Mutual Insurance Company Issued to ALLEN BUTLER CONSTRUCTION INC Premium $ WC420304A (ED.1-01-2000) INSURED'S COPY Endorsement No. Authorized Representative in ® WORKERS' COMPENSATION AND EMPLOYERS easmutual LIABILITY INSURANCE POLICY ins>iva me mpm WC 42 06 01 TEXAS NOTICE P MATERIAL: CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A, of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: "AS REQUIRED IN WRITTEN CONTRACT CERTIFICATE HOLDER IS BEING ENDORSED ON POLICY" This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No_ TSF-0001074270 of the Texas Mutual Insurance Company IssuedtoAllen Butler Construction, Inc. Premium $ WC420601 (ED.1-94) Endorsement No. �F Authorized Representative 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 CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP 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 WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. COPIES OF ENDORESEMNTS ARE REQUIRED. a Page Intentionally Left Blank 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 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 512-305-7238 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 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; 03) provide a certificate of coverage to the contractor prior to that person beginning work on 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: (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; (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 (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 (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - ", with the certificate of coverage to be provided to the person for whom they are providing services. u Pate Intentionally Left Blank CONTRACT 1 Page Intentionally Left Blank CONTRACT 10839 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 29�'day of November, 2012 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 Allen Butler Construction's of the City of Ransom Canyon, 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: PROPOSAL 12-10839-MA, John T. Montford Dam Erosion Control Project 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. Allen Butler Construction's proposal dated October 18, 2012 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: By:(W'z�d COMPLETE ADDRESS: Company tc. L Address City, State, Zi ATTEST: orp a re CITY OF LUBBOCK AS (OWNER): By: MA ATTEST: V Ae.'o � —�>� City S etary TO CONTENT: APP O A O FORM: City Attorney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank L GENERAL CONDITIONS OF THE AGREEMENT 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 Allen Butler Construction who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative John Turnin. 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. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for j performance of work on the project contemplated by these contract documents. Owner shall have no a 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 "7 Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE 7 G3 9. 10. 11. 12. 13 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. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents y....' 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. The pipeline must be backfilled, tested, final grading and seeding performed for substantial completion. 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. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 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, U 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 r failure to perform the work in accordance with the Contract Documents. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be fuunished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work Pa 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 (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, 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 Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. 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 4 [11 Owner's Representative has previously accepted the work. 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 t 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 finnished 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 in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation 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 to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; 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, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the 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 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 seven (7) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 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 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 j municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and 1, hold harmless the Owner and Engineer 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 J 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 7 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 CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP 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 WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. COPIES OF ENDORESEMENTS ARE REQUIRED. COPIES OF THE ENDORSMENTS ARE REQUIRED. j A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury Heavy Equipment - Endorsement B. Owner's and Contractor's Protective Liability Insurance. DELETED 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, $1,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance. DELETED E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) DELETED 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 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which finnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 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 receipi 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. 9 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. 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 1 project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 1 (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 ll whom they are providing services. I 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 10 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. F. 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 800-372-7713 or 512-804- 4000 (www tdi.state.tr- 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."; 12 (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; (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 Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION 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 Engineer, 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, 13 [1, 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 Engineer 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 Notice to Proceed and contract documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $300 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. If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $300 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 fail to meet the time requirements stipulated for substantially completing the work. 14 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 (as distinguished from the Resident Project 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. L ° 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 y! 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 within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 15 38. OUANTPTIES 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, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 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 Engineer, and any of its officers, agents s 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. f..i 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the, performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment if submitted, and 16 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 1 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. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. 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 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming i to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay ? all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, jattorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. 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 WITHI3ELD 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, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. 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. 18 In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount- of such excess to the Owner; or (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. 19 The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent i permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the 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 a Surety Company listed on the State Treasury's "Approved" list and 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, necessaryto provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIA.TION 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. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION L. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. r Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek a_ judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. i 21 Ct.� Page Intentionally Left Blank DAVIS-BACON WAGE DETERMINATIONS Page Intentionally Left Blank EXHIBIT A General Decision Number: TX120007 01/06/2012 TX7 Superseded General Decision Number: TX20100008 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 * SUTX2011-002 08/02/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving & Structures) ... $13.55 ELECTRICIAN ...................... $ 20.96 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 12.36 Structures .................. $ 13.52 • : fTj" Asphalt Raker ............... $ 12.28 Flagger.....................$ 9.30 Laborer, Common ............. $ 10.30 Laborer, Utility ............ $ 11.80 Work Zone Barricade Servicer....................$ 10.30 POWER EQUIPMENT OPERATOR: Asphalt Distributer ......... $ 14.87 Asphalt Paving Machine ...... $ 13.40 Broom and Sweeper ........... $ 11.21 Crane, Lattice Boom 80 Tons or Less ................ $ 16.82 Crawler Tractor Operator .... $ 13.96 Excavator, 50,000 lbs or less ........................ $ 13.46 Front End Loader Operator, Over 3 CY................... $ 12.77 Front End Loader, 3 CY or less ........................ $ 12.28 Loader/Backhoe.............. $ 14.18 Mechanic .................... $ 20.14 Milling Machine ............. $ 15.54 Motor Grader, Rough ........ $ 16.15 Motor Grader, Fine .......... $ 17.49 Pavement Marking Machine .... $ 16.42 Reclaimer/Pulverizer........ $ 12.85 Roller, Asphalt ............. $ 10.95 Roller, Other ............... $ 10.36 Scraper ..................... $ 10.61 Spreader Box ................ $ 12.60 Servicer .........................$ 13.98 Steel Worker (Reinforcing) ....... $ 13.50 TRUCK DRIVER Lowboy -Float ................ $ 14.46 Single Axle ................. $ 12.74 Single or Tandem Axle Dump..$ 11.33 Tandem Axle Tractor with Semi ........................ $ 12.49 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/O1/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B 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 C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. Paye Intentionally Left Blank SPECIFICATIONS Page Intentionally Left Blank OA lubb'ock T E X A S EROSION CONTROL PROJECT TECHNICAL SPECIFICATIONS ............ ................................. JOHN TURPIN ........................ 96600 . 2,v August, 2012 �x P, b bock ity of TEXAS All bidding requirements shall conform to the bidding process set forth by the City of Lubbock Purchasing Department, and shall acknowledge by signature at the bottom of this document that all requirements where met in order to qualify as a successful candidate for this project. Bidding Requirements: • The contractor shall attend one of two site visits that will be scheduled and posted on bidsync. • The contractors shall acknowledge an approved mat that will be allowed for installation by the City of Lubbock and call it out on the final bid. S (mac ,via 11 w Il 6a S �p�ol,�0 b( Contractors Signature TABLE OF CONTENTS JOHN T. MONTFORD DAM: EROSION CONTROL PROJECT DIVISION 1— GENERAL REQUIREMENTS 01010 Summary of Work....................................................................4 01019 Contract Considerations..............................................................1 01028 Change Order Procedures...........................................................3 01039 Coordination of Meetings...........................................................3 01140 Work Restrictions....................................................................3 01300 Submittal Procedures.................................................................4 01310 Progress Schedules..................................................................2 01322 Photographic Documentation ..... .............:................................... 2 01356 Storm Water Pollution Prevention Plan...........................................3 01400 Quality_ Requirements...............................................................4 01410 Testing Laboratory Services.........................................................3 01500 Temporary Facilities and Control...................................................3 01576 Waste Material Disposal............................................................2 01630 Substitutions and Product Options.................................................1 01700 Contract Closeout.....................................................................3 DIVISION 2 — SITE WORK 02110 General Clearing and Grubbing.......................................................2 02300 Earthwork..............................................................................6 02318 Borrow..................................................................................2 02373 Permanent Erosion Protection of Soil Slopes.....................................5 DIVISION 3 — CONCRETE 03300 Cast -in -Place Concrete...............................................................13 APPENDIX A United States of America Army Corps of Engineers —No Permit Required Letter 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. John Turpin P.E. Chief Water Utilities Engineer City of Lubbock (806) 745 — 2342 C. Section includes: a. Project description b. Permits and licenses c. Access to site d. Contractor's use of the premises e. Coordination requirements f. Coordination drawings g. Preconstruction meeting h. Warranty 1.2 PROJECT DESCRIPTION A. Description: This project is for the clearing, grubbing, reworking of existing soils returning the dam to its original slope, improving the existing road, drainage, and the application of a proposed soil erosion protection system at the John T. Montford Dam at Lake Alan Henry. a. The clearing, grubbing, and dam face restoration will encompass the removal of all native landscape without compromising the dam surface. This phase also includes reworking existing soils to recapture the initial typical slope of 3:1, during this phase there will be washout repairs that shall be filled. All disturbed earthwork will require being a minimum of 90 % and +/- 2% of optimum moisture content for the standard compaction this includes all washout, trenches, etc, that are filled and or cut. All lifts will have a maximum height of eight (8) inches for compacting purposes. b. The application of the permanent protection of geotextile mat will require installation specified in the plans, specifications, and as per manufactures recommendations. c. This contract also includes the removal of the existing drainage channel and replacing with a new structure specified in the plans and specifications. 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, John T. Montford Dam: 01010.1 August, 2012 Erosion Control Proejct "xunl'�..�, y, >'-'.."�f.„�..„��'�+?vl�:�^y.n R"""�aVY+.F"-"� `.TK. �SN`!,•yxG4^` 3`..,y�-,., `T�s_ ""^rK!'_C�,'�t.�'A+�F.v�' `"ys' ��.,�.-�rT°^^.flR��CRC.^..�KfC.:C.+s++.gip= I 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 - SWPPP, 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 designed by the Owners Representative. An additional staging area will be made available for the housing of materials and equipment used during construction for this project. 1.6 PROJECT IDENTIFICATION A. A project sign shall be placed at the entrance to the Lake Alan Henry Dam prominently displaying the City of Lubbock logo, project name, project price, and the Contractor name and emergency contact number. B. Contractor shall provide sign at Contractor's expense. C. Contractor shall supply necessary tools, equipment, and labor to erect sign at Contractor's expense. D. Contractor shall be responsible for removal and proper disposal of sign upon final completion. 1.7 PROJECT SCHEDULE A. The Work summarized above shall be completed within 270 calendar days from the date of the Notice to Proceed. There will be a $300.00 per day liquidated damages for each day that exceeds the 270 day limit. B. Within five business day after the date of the Substantial Completion Certificate, the Engineer and appointed inspector shall issue a Final Punch List of items to be corrected prior to Final Completion. Punch list items shall be complete within 30 calendar days from the date of the Final Punch List. There shall be $200 day liquidated damages assessed for each day that exceeds the 30 day limit. PART 2 — PRODUCTS Not used John T. Montford Dam: 01010-2 August, 2012 Erosion Control Proejct _.. PART 3 — EXECUTION t 3.1 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. 3.2 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 and ceilings as applicable. b. Coordinate shop drawings prepared by separate entities. c. Show installation sequence when necessary for proper installation. 3.3 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 John T. Montford Dam: 01010-3 August, 2012 Erosion Control Proejct - . ..-..__ r^ -s-r-^ ^ Svp ..�*%f- ,� _ y„4 "--.-• ,w^�^rrs?rtr� re.r � :'a:nrrrr 'ii".r -- -"°"' r _. ,."'y.-•"`»a T!7H. 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 within 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 two (2) 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 10h day of each month. a. Each payment shall be reviewed by the Inspector and Contractor before payment is submitted to review quantities installed and materials stored on hand. 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 John T. Montford Dam: Erosion Control Project END OF SECTION 01019-1 August, 2012 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 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. John T. Montford Dam: Erosion Control Project 01028.1 August, 2012 N 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 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. John T. Montford Dam: 01028-2 August, 2012 Erosion Control Project .zm�x"`"...«.- •r. --- �: ,- .r .., zw,a k .rraw�.-s«•-.,++sv^^-Aan s---;;;�-�a- 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 John T. Montford Dam: 01028-3 August, 2012 Erosion Control Project I SECTION 01039 COORDINATION AND MEETINGS PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings: General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division 1— General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Coordination B. Field engineering C. Pre -Bid Meeting D. Preconstruction meeting E. Progress meetings F. Preinstallation meetings 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of the Project to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and cleanup of Work of separate Sections in preparation for Substantial Completion. C. 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 existing and proposed grade or the dam face, confirm drawing dimensions, and elevations. C. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. D. Submit a copy of registered site drawing and certificate signed by Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. 1.5 PREBID MEETING A. It will be a requirement for the Contractor to visit the site after the pre -bid meeting. The Contractor may appoint a representative to visit the site on their behalf, as long as the representative is employed by the Contractor. John T. Montford Dam: 01039-1 August, 2012 Erosion Controi Project T'.m5",.","` "v==..,'"-??°"-�t-�".7-'=n^;...^.�,7�?„---..;.,--T.c +.»,vr.aaarFa^xer7s"r^v s-�.a •..'--r. _ "r 1.6 PRECONSTRUCTION MEETING A. The Engineer will schedule a preconstruction meeting after the City of Lubbock Council has approved the bid and awarded a Contractor. B. Procedures and processing of field decisions, submittals, and substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. C. Agenda: a. Notice to Proceed b. Use of premises by Owner and Contractor. c. Distribution of executed Contract Documents. d. Submission of list of Subcontractors, list of products and progress schedule. e. Designation of personnel representing the parties in Contract and the Engineer. f. Owner's requirements. g. Construction facilities and controls provided by Owner. h. Survey and layout. i. Security and housekeeping procedures. j. Schedules. k. Procedures for testing. 1. Procedures for maintaining record documents. D. Inspection and acceptance E. Record minutes and distribute copies within five (5) days after meeting to participants and those affected by decisions made. 1.7 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. 1. 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. John T. Montford Dam: 01039-2 August, 2012 Erosion Control Project ef. vvy_ ••�..r r.. �. 3 3 PART 2 -- PRODUCTS Not used PART 3 — EXECUTION 3.1 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. 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. Mobile 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Fully compact any cracks or openings of subgrade prior to applying the permanent erosion control protection system. END OF SECTION f John T. Montford Dam: 01039-3 August, 2012 Erosion Control Project ` ra-r.:-^ ?s�aX mom'.._ .--, ..wm-_.r^,.","'vX£E¢d^x LeyaY t^.arra;.;,'??K4 :" "'°+`T -., ,,,. •s,r�., .., tC_xx-?"---"�':-a-"-e-i^f�`k'r.;jc^^uulra-r-TF Ce"sr"'--'"-;",w.,:-¢.r. r1 I a SECTION 01140 WORK RESTRICTIONS PART 1— GENERAL 1.1 SECTION INCLUDES tj, A. Use or premises B. Special scheduling requirements C. Working period D. Utility cutovers and interruptions E. 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 within the limits of the John T. Montford Dam:.A staging area will be arranged on site once a Notice -To - Proceed is established. b. Firearms will not be permitted on site at any time within the confinements of the Lake Alan Henry Mitigation area. c. Contractors found trespassing outside of the Dam work area will be prosecuted to the fullest extent of the law. 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 utility service shall be requested in writing a minimum of fourteen (14) calendar days prior to the desired date of interruption. 1.5 WORKING PERIOD A. Working Hours: Regular working hours shall be within an eleven (11) hour period between 7:00 a.m. and 6:00 p.m., Monday through Friday, Saturday work shall be restricted to those activities that do not require observation by the Owner and must be granted permission in advanced before construction on the weekend can take place. The Owner reserves the right, at the Owner's discretion, to disallow work 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 John T. Montford Dam: 01140-1 August, 2012 Erosion Control Project 5�-�M°r.�+r-:'�'�-� ..?�-t.r�ix+�.^^.e�k-- s,. a�e,m'S��.^`.""J"er!: ds'!`�:�:1kM*^7FJRYx"".'�...` ..,> �,_t c r—^-cs+—�+`&^�^-'�`—�._ r _ �m^4.,��, L+s'�n....q,^^^^r^-••:, 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 during the Hunting Season shall be restricted to 7:00 a.m. and 6:00 p.m., Monday through Thursday, and Friday from 7:00 a.m. until 12:00 p.m. Work outside regular working hours requires Owner's approval. Make application twenty-one (21) calendar days prior to such work to allow arrangements to be made by the Owner for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. Based on the justification provided, the Owner 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 Owner and meeting all OSHA requirements. 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. B. Water will be available from the lake but will be the Contractor's responsibility to provide the means and methods for extracting and using the water as deemed necessary for construction purposes. C. This section does not preclude the Contractor from seeking other water sources for use in construction. Such water resources shall meet the purity requirements for the intended use. Such arrangements for water from other sources are the responsibility of the Contractor. PART2—PRODUCTS Not used PART 3 — EXECUTION 3.1 WORK AREA LIMITS A. Prior to any construction, the Contractor shall mark the areas that need not be disturbed under this contract. Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. The Contractor's personnel shall be knowledgeable of the purpose for marking and/or protecting particular objects. John T. Montford Dam: Erosion Control Project END OF SECTION 01140-2 August, 2012 .::.,..�....,.....-.-�-....na.:.,ar..:....ed..w:x...s4.....;.....e�,:.-..�..,xwxdi._.,m..t.�.:w;,_..,A...W..,.,�...�...�r.v:b�..: .-v>.....�,:x..�,w:�.,..,�_-.�.�-....,......,m.._..w.A.,:�-�:M.v..�,...-�-�.__.w.,�e. .g �x .-. a.,...>e�«.a�,�',.... _....cew�w._.,.,..___„�__• 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 and Video 1.2 RELATED SECTIONS A. Section 01410 —Testing Laboratory Services B. 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 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. b. Submittals maybe delivered to the Engineer at the following address: i. Water Utilities Engineering PO Box 2000 1625 13'h Street Lubbock,Texas 79457 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. John T. Montford Dam: 01300-1 August, 2012 ( ? Erosion Control Project Ll ..q*�.... ^r. a. -:- `"^.,.' .-e— -::,, -� rnra:nexm^- cT ":` re a _ ..-e.:.c•�1'-a-R...:.. .-. _ _ _ . "' 've+-�.,....,..y..w ..,.n.G—Ti _ i 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. 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 three (3) copies of each submittal, unless otherwise indicated. The three (3) copies will be retained by the Owner's representative. Any additional copies that the Contractor may need for his operations will be in addition to the three (3) copies required. B. Proposed Products List a. Within fifteen (15) days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model 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. John T. Montford Dam: Erosion Control Project 01300-2 August, 2012 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. d. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section'01700 — Contract Closeout. D. Shop Drawings: Prepare Project specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. a. Include the following information, as applicable: i. Dimensions ii. Identification of products iii. Fabrication and installation drawings iv. Schedules v. Design calculations vi. Compliance with specified standards vii. Notation of coordination requirements viii. Notation of dimensions established by field measurement b. For drawings larger than 11 x 17 inches, submit in the form of one reproducible transparency and one opaque reproduction. c. For drawings 11 x 17 inches and smaller, submit the number of opaque reproductions which Contractor requires, plus three (3) copies which will be retained by Engineer. d. Drawing size shall be minimum of 8 '/x x 11 inches and a maximum of 24 x 36 inches. e. Draw details to a minimum size of/z inch equal to 1 foot. f. After review, produce copies and distribute in accordance with SUBMITTAL PROCEDURES article above and for record document purposed 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. C. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by John T. Montford Dam: 01300-3 August, 2012 Erosion Control Project —.-.-...�.ewe.,,.:.._..:.:..+.F.,..:sa-.-':: c.«:«:..a.;..............::.. ..... ..a-..-.. _.,.- �....:x::«.:..h..:..w.::.wc:.-�....'......:....-_ .. �-...-....®..--�.....>......... w._:�.-.w.wr�.,.t v.,z..:........«.s,a.�.�.Y�.......+'-....-..e.....are...c..«.-..z._.....;u:4.w.-..rn.-.....w .w...v .....«—.,--w insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. 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: 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 John T. Montford Dam: 01300-4 August, 2012 Erosion Control Project -�...� 'F' R'S';V�4Vr7F Ln�F':S >y 4X'�YP - '.P _ ^off".y",�y'�"r%:ry•-M1•r'.'^.^.]fl:1:M'?..^"y-:-s^Ym�^^.c^KMR'fl�e:3X "�v^!^+>pP9"s...3 `...Y.?A'�C'J Y'SC�Y'.eT'GY I 1 SECTION 01310 PROGRESS SCHEDULES PART 1— GENERAL 1.1 SECTION INCLUDES A. Format B. Content C. Revisions to schedules D. Submittals 1.2 RELATED SECTIONS A. Section 0 10 10 — Summary of Work B. Section 01019 — Contract Considerations C. Section 01300 — Submittal Process D. Section 01322 — Photographic Documentation 1.3 FORMAT A. Sequence of Listings: The chronological order of the start of each item of Work. B. Scale and Spacing: To provide space for notations and revisions. C. Sheet Size: Minimum 8 1/2 x 11 inches D. Submit only if requested by the Engineer or Owner at preconstruction or partnering conference. 1.4 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. a. Identify each item by specification Section number. b. Provide sub -schedules to define critical portions of the entire Schedule. c. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. d. Provide separate schedule of submittal dates for shop drawings, product data, samples, and dates reviewed submittals will be required from the Engineer. Indicate decision date for selection of finishes. e. Contractor will be required to submit a progress schedules and construction photos at the monthly progress meeting. 1.5 REVISIONS TO SCHEDULES A. Contractor shall provide a detail schedule at the monthly progress meeting including pictures from the previous month of work, time frame of completion of previous months work, and work for the next mouth. B. Indicate progress of each activity to date of submittal, and projected completion date of each activity. John T. Montford Dam: 01310-1 August, 2012 Erosion Control Project C. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. D. Provide narrative'report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 1.6 SUBMITTALS A. Submit initial Schedules within ten (10) days after date established in Notice to Proceed. After review, resubmit required revised data within ten (10) days. B. Submit revised Progress Schedules with each Application for Payment. C. Submit the number of opaque reproductions which the Contractor requires, plus two (2) copies which will be retained by the Engineer. 1.7 DISTRIBUTION A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION John T. Montford Dam: 01310-2 August, 2012 Erosion Control Project 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. Construction photographs at each monthly meeting. 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 and Supplementary 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 sets of prints. a. Identification: On back of each print provide an applied label or rubber- stamped impression with the following information: i. Name of Project ii. Name and address of photographer iii. Name of Engineer iv. Name of Contractor v. Date photograph was taken vi. Description of vantage point, indicating location, direction (by compass point), and elevation or story of construction. b. Digital Images: Submit a complete set of digital image electronic files with each submittal of prints. Identify electronic media with date photographs were taken. Submit images that have the same aspect ratio as the sensor, uncropped. 9 PART 2 — PRODUCTS Not used John T. Montford Dam: 01322-1 August, 2012 Erosion Control Project �. ;; •_._. "�11 F--'S i..twI.F.F.7 „+�; '�^:'x':: -»ryy^_ •,-.. _ „ x-^,q�";'ra-^M'ra»T+°2`: PART 3 — EXECUTION 3.1 PHOTOGRAPHS, GENERAL A. Field Office Prints: Retain one set of prints of preconstruction photograph in the field office at the Project site, 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 photographs of Project site and surrounding properties from different vantage points, or as directed by the Engineer. a. The Contractor will be required to submit a minimum of forty-five (45) preconstruction photos before starting construction, with proper labeling on the back of the photos that captures the existing conditions. B. Monthly Construction Photographs: At each monthly progress meeting it will be the Contractor's responsibility to provide twenty-five (25) pictures and an electronic copy of the photos following the guidelines, specified in this section, showing the work progression from the following month. END OF SECTION John T. Montford Dam: 01322-2 August, 2012 Erosion Control Project 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 (SWPPP) 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 SWPPP 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 SWPPP 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 SWPPP 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 SWPPP. 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.) b. Silt Fences/Diversion Berms shall be kept in good and functional condition for as long as they are required and until they are removed from the site. D. Sand/Gravel Bags John T. Montford Dam: 01356-1 August, 2012 Erosion Control Project __i a. The Contractor may provide sand/gravel bags as a temporary structural practice to minimize erosion and sediment runoff. Bags shall be properly 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 SWPPP. 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 six (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" John T. Montford Dam: 01356-2 August, 2012 Erosion Control Project [ ..1 ,-e,_ �ae>., •`���:"�''--� ,k-^-,�-�-."'•-»�z^�✓°�n:�Yt�Ci�. . ��: xrr� _'.-_ .r _. __ _._'"�`s--n�ro,;�-�s�a+wr"�;3^?r, i 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. 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 SWPPP 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 SWPPP shall be continually updated as necessary to reflect current and changing conditions on site. Additional measures not specifically shown in the SWPPP 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 John T. Montford Dam: 01356-3 August, 2012 Erosion Control Project 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 1 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 complies with requirements. B. Quality Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction complies with the project requirements. 1.4 SUBMITTALS A. Qualification Data: For individuals employed by the Contractor who will perform testing as required by the various specification Sections, submit at least fourteen (14) days prior to being used on the project the capabilities and experience of such individuals and the types of tests that the individual will perform. For outside testing agency employed by the Contractor, submit at least fourteen (14) days prior to being used on the project the name, address, and manager of such testing agency and the types of tests that the agency will perform. Such testing agency shall be acceptable to the Owner prior to being used on the project. B. Reports: Prepare and submit written reports within fourteen (14) days following the date of the test that include the following: John T. Montford Dam: Erosion Control Project 01400-1 August, 2012 ,fir _,.<�. 7e�✓rr.'�°q""°"'"+�tr-°.k.�°>-.....,^^s.^„:'s" i;.'"�a� .....n. .- - --�- -��nrpee��ers�<+-��w";rv.+w+j�r^�cxr,+�nanew!rxp!re.-,r^-r. ..:".r�,x a. Date of issue b. Project title and number. c. Name, address, and telephone number of testing agency. If the individual is employed by the Contractor, use Contractor's name, address, and telephone number. d. Dates and locations of samples and test e. Names of individuals making tests f. Description of the work and test method g. Identification of material, product, and specification Section. h. Complete test or inspection data i. Test results and interpretation of test results j. Ambient conditions at time of sample taking and testing. k. Comments and opinion on whether tested Work complied with the Contract Document requirements and the applicable specification Section. I. Name and signature of individual performing the test if employee of the Contractor, or name and signature of testing agency responsible person. in. For failing tests, recommendations on retesting unless specification Sections provide procedure for retesting. C. Professional Engineer Qualifications: Where a Professional Engineer is required in the specification Sections, this means a Professional Engineer who is legally qualified to practice in the jurisdiction where the project is located and who is experienced in providing engineering services of the kind indicated. D. Test Agency Qualifications: An agency with the experience and capability to conduct testing indicated, as documented by ASTM E 548, and that has the capability and experience in the types of tests to be performed. E. Preconstruction Testing: Testing agency shall perform preconstruction testing with specified requirements for performance and test methods. The Contractor shall not perform preconstruction testing except through a third party testing agency. F. Testing Agency Responsibilities: Submit certified written report of each test and similar Quality Assurance service to the Contractor. Interpret tests and state in each report whether tested work complies with or deviates from the Contract Document requirements. 1.5 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 or by a qualified testing agency to perform these services. a. The Owner or Engineer will furnish the Contractor with names, addresses, and telephone numbers of testing agencies engaged by the Owner. B. Contractor Responsibilities: Provide quality control services required in the various specification Sections. a. Where third party testing is engaged by the Contractor, notify testing agency sufficiently in advance of the time and date when work that requires testing will be performed. John T. Montford Dam: 01400-2 August, 2012 Erosion Control Project b. The Contractor shall not engage the same testing agencies as the Owner, unless Owner agrees in writing to such engagement. c. Where testing is indicated as the Contractor's responsibility, submit certified written reports in duplicate of each testing service, whether performed by the Contractor's personnel or Contractor engaged testing agency. Such reports shall include failing tests and retests. d. Testing requested by the Contractor and not required by the Contract Documents are the Contractor's responsibility. e. Where the Contractor's personnel are performing tests, provide individuals with appropriate equipment to perform the tests in accordance with the test method requirements. Provide alternate equipment where the specified test method cannot be applied, and where alternative test methods and equipment must be employed to provide the necessary quality control. C. Retesting: Regardless of whether original tests were the Contractor's responsibility, provide quality control services, including retesting, for construction that revised or replaced work that failed to comply with requirements established by the Contract Documents. D. Testing Agency Responsibilities: Cooperate with the Engineer and Contractor in performance of duties. Provide qualified personnel and necessary equipment to perform required tests and inspections. a. Notify the Engineer or Contractor promptly of irregularities or deficiencies observed in the work during performance of its services. b. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the requirements. c. Submit a certified written report, in triplicate, of each test, inspection, and similar quality control service through the Contactor. d. Do not release, revoke, alter, or increase requirements of the Contract Documents or approve or accept any portion of the Work. e. Do not perform any duties of the Contractor. E. 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 of 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. 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 agencies. g. Preliminary design mix proposed for use for material mixes that require control by testing agency. h. Security and protection for samples and for testing and inspecting equipment at Project site. John T. Montford Dam: 01400-3 August, 2012 Erosion Control Project ..i F. 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 patching. 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 M John T. Montford Dam: 01400.4 August, 2012 Erosion Control Project Ili ..:..�. .' . >°.mv ,-y*•�,:;. � :'.. _.""'"°-' ""x' ..-:'F'-,��.... �„ fin: y"°'-'"-.�..�='�";,R .,�!", v"�i, r�; _ =�- _'-'i4`?:,.'��.�'%�°''w i SECTION 01410 TESTING LABORATORY SERVICES PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division 1— General Requirements apply to Work of this Section 1.2 SECTION INCLUDES A. Selection and payment B. Contractor submittals C. Laboratory responsibilities D. Laboratory reports E. Limits on testing laboratory authority 171 F. Contractor responsibilities 1.3 RELATED SECTIONS A. Section 01300 — Submittals B. Section 01700 — Contract Closeout C. Individual Specification Sections: Inspection, tests, and standards for testing are required. 1.4 REFERENCES A. ANSUASTM D3740 — Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. B. ANSUASTM E329 — Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction. 1.5 SELECTION AND PAYMENT A. An independent testing firm, provided at the Contractor's expense, will perform inspection, tests, and other services specified in individual specification Sections and as required by the Engineer. A representative from the testing lab provided by the Contractor shall be on site every day that construction is ongoing as it relates to that particular testing lab. B. Compactions test shall be performed in areas that are being rework and additional soil is replaced to comply with the specified proctor density and moisture content. The Contractor shall allow an inspector to test any spots deemed necessary at no additional cost to the City of Lubbock. John T. Montford Dam: 01410.1 August, 2012 Erosion Control Project j' r .',.�'..� �:. _�¢..acs�.a raes.�--';z :� u�a+w•r=r _ ^^!xn!rr.3t.-:t+#r,�*.!°�a.� Win`._`.`.. ... .... ..... �.__ _ ::�,'���`'"m.,".'__"�..�,x�„'.."`r'�»`°. ... ... .,.. at^. ^�s�--ram.-.ter+ v C. Reports will be submitted by the independent firm to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non- compliance with Contract Documents. D. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. a. Notify the Engineer and independent firm forty-eight (48) hours prior to expected time for operations requiring services. b. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. E. Testing or inspecting does not relieve Contractor from performing Work to contract requirements. F. The cost associated with compliance testing shall be paid by the Contractor. Re- testing required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. Payment for re -testing will be paid by the Contractor at no additional cost to the City of Lubbock. 1.6 QUALITY ASSURANCE A. Comply with requirements of ANSUASTM E329 and ANSUASTM D3740R. B. Laboratory Staff: Maintain a full time registered Engineer on staff to review services. C. Testing Equipment: Calibrated at reasonable intervals with devices of accuracy C...� traceable to either National Bureau of Standards (NBS) standards or accepted values of natural physical constants. D. All tests must be submitted including all passing and failing test. 1.7 LABORATORY RESPONSIBILITIES 6-, A. Test samples of mixes submitted by Contractor. B. Provide qualified personnel at site. Cooperate with the Engineer and Contractor in performance of services. C. Perform specified inspection, sampling, and testing of Products in accordance with specified standards and manufactures specifications. D. Ascertain compliance of materials and mixes with requirements of Contract Documents. E. Promptly notify Engineer and Contractor of observed irregularities or non- conformance of Work or Products. F. Perform additional inspections and tests required by the Engineer, 1.8 LABORATORY REPORTS A. After each inspection and test, promptly submit three (3) copies of laboratory report to the Engineer and to the Contractor. B. Include: a. Date issued b. Project title and number John T. Montford Dam: 01410-2 August, 2012 Erosion Control Project c. Name of inspector d. Date and time of sampling or inspection e. Identification of product and Specification Section f. Location in the Project g. Type of inspection or test h. Date of test i. Results of tests j. Conformance with Contract Documents C� When requested by the Engineer, provide interpretation of test results. 1.9 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of the Contractor. D. Laboratory has no authority to stop the Work. 1.10 CONTRACTOR RESPONSIBILITIES A. Deliver to laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with laboratory personnel, and provide access to the Work. C. Provide incidental labor and facilities to provide access to Work to be tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify the Engineer and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. 1.11 SCHEDULE OF INSPECTIONS AND TESTS A. As indicated in individual Specification Sections. PART 2 -- PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION John T. Montford Dam: 01410-3 August, 2012 Erosion Control Project r7f . Y b::: ''"S" --:=s"—e"' .:ems .....�!`�s+"...rMn?^?'ti;..'4'' s ";'7 1�0: _''1"."•.`•3.,'_ ... -.._ ........... .: ..-x"�+'.'., ,_';�" ` _ = ""G f SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Condition of the Contract for Construction. Supplement 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 HEAT A. Provide and pay for heat devices and heat as required to maintain specified conditions for construction operations, as applicable. B. The Contractor will pay cost of energy used. Enclose building prior to activating temporary heat in accordance with Article 1.14 — Exterior Enclosures, in this Section, and exercise measures to conserve energy. 1.5 TEMPORARY VENTILATION A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 1.6 TELEPHONE SERVICE A. Provide, maintain, and pay for telephone service to field office or field superintendent at time of project mobilization. 1.7 TEMPORARY WATER SERVICE A. Provide, maintain, and pay for suitable quality water service required for construction operations. B. Exercise measures to conserve water. John T. Montford Dam: Erosion Control Project 01500-1 August, 2012 1 1.8 TEMPORARY SANITARY FACILITIES 1 A. Provide and maintain required facilities and enclosures. s B. Permanent building facilities shall not be used during construction operations. Maintain daily in clean and sanitary condition. 1.9 BARRIERS A. Provide protection for plant life designated to remain out sided the area of work. B. Protect vehicular traffic, stored materials, site, and structures from damage as needed. 1.10 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 during site work. 1.11 EXTERIOR ENCLOSURES A. Provide temporary insulated weather -tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification Sections, and to prevent entry of unauthorized persons. B. Provide access doors with self -closing hardware and locks. 1.12 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. 1.13 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.14 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 of legally at intervals as required to maintain clean site. John T. Montford Dam: 01500-2 August, 2012 Erosion Control Project 1.15 PROJECT IDENTIFICATION A. Project sign is required. B. A project sign shall be placed at the dam sight entrance, construction prominently, displaying the City of Lubbock logo, project name, contractor name, dates of beginning and ending of construction, and the term. C. Contractor shall be responsible for providing a sign at the Contractor's expense. D. Contractor shall supply necessary tools, equipment, and labor to erect sign at Contractor's expense. E. Contractor shall be responsible for removal and proper disposal of sign upon final completion. 1.16 FIELD OFFICES AND SHEDS A. Office: Weather -tight, with lighting, electrical outlets, heating, cooling and ventilating equipment, and equipped with sturdy furniture drawing rack and drawing display table. 1.17 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 John T. Montford Dam: Erosion Control Project END OF SECTION 01500-3 August, 2012 71rYlkisf4.ij.' Ypq. 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 02221 Removing Existing Pavements. B. Section 02317 — Excavation and Backfill for Utilities. 1.3 SUBMITTALS A. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. B. 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 SALVAGEABLE MATERIAL A. Asphalt Pavement and Asphalt Stabilized Base: Conform to requirements of Section 02221-Removing Existing Pavements. 3.2 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/digs osaUdisfeet.htm. There will also be a fee of $15.00 per load for every truck that is not covered JohnT. Montford Dam: 01576-I August, 2012 Erosion Control Project properly when coming to the landfill. All tipping fees shall be considered to be included in the Contractor's bid prices. B, Excess soil and shrubbery 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 1.33 above. C. Waste materials shall be removed from the site on a weekly basis, such that the site is maintained in a neat and orderly condition. D. It is the Contractor's responsibility to haul of any spoils associated with this project. John T. Montford Dam: Erosion Control Project END OF SECTION 01576-2 August, 2012 SECTION 01630 SUBSTITUTIONS AND PRODUCT OPTIONS PART 1— GENERAL 1.1 In the event that the clause "or equal" is used in the specifications pertaining to materials; all proposed substitutions must be submitted to the Owners Representative no later than ten (14) calendar days before the closing date for approval. Substitution submittals must include all manufacture's literature, certifications and operating instruction as well as shop drawings proving services and performance equal to or better than that depicted on the plans. Bidder shall provide the same warranty for substitution as for product specified. 1r2 The Owner reserves the right to deny any request for substitution when the required information is not submitted. The Owner reserves the right to deny any substitution that does not provide equal performance or quality. END OF SECTION John T. Montford Dam: 01630-1 August, 2012 Erosion Control Project SECTION 01700 CONTRACT CLOSEOUT PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Instructions to Bidders, General Conditions of the Agreement, Special Provisions 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 G. Spare parts and maintenance materials. 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. a. Should the Engineer consider the work incomplete or defective: i. The Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. ii. The Contractor shall take immediate steps to remedy the stated deficiencies and submit a second written certification that the work is complete. iii. The Engineer will reinspect the Work. 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. D. Submit a memo stating that all subcontractors, supplies, affidavits, and etc. have been paid. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. C. Repair, patch, and touch-up maned surfaces to match adjacent finishes. John T. Montford Dam. 01700-1 August, 2012 Erosion Control Project l .t i 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 e. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 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 and Shop Drawings: Legibly mark each item to record actual construction including: a. 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 final survey showing new elevations and grade. G. Submit two (2) copies to the Engineer with claim for final Application for Payment. 1.7 WARRANTIES A. Contractor shall provide a written warranty guaranteeing his work for one (1) year prior starting after final completion. B. Provide duplicate notarized copies. C. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. D. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. E. Submit prior to final Application for Payment. F. 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. John T. Montford Dam. 01700-2 August, 2012 Erosion Control Project 1.8 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities. specified in individual specification Sections. B. Deliver to project site and place in location as directed; obtain receipt prior to final payment. PART 2—PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION John T. Montford Dam. 01700-3 August, 2012 Erosion Control Project SECTION 02110 GENERAL CLEARING AND GRUBBING PART 1— GENERAL 1.1 WORK INCLUDED A. Provide labor, materials, equipment, and incidentals necessary to perform operations in connection with clearing, grubbing, and disposal of cleared and grubbed materials. 1.2 DEFINITIONS; QUALITY ASSURANCE A. Clearing— Clearing is defined as the removal of trees, shrubs, and bushes above original ground level. B. Grabbing— Grubbing is defined as the removal of stumps, roots, boards, logs, and other organic matter found at or below ground level. PART 2 — EXECUTION 2.1 PREPARATION A. Mark areas to be cleared and grubbed prior to commencing clearing operations. The Owner's Representative shall approve clearing and grubbing limits prior to commencement of clearing operations. B. The clearing limits shall not extend beyond the project limits 2.2 INSTALLATION A. Clearing shall consist of the filling, cutting up, and satisfactory disposal of trees and other vegetation, together with the down timber, snags, brush, rubbish, rocks, and debris occurring within the area to be cleaned that is not consistent with a suitable soil. B. Grubbing shall consist of using a modified excavator or other means for the removal and disposal of stumps and roots. C. Extend grubbing in areas shall consist of the entire site down to 12" for removal of unwanted organic matter if necessary. 2.3 FIELD QUALITY CONTROL A. Timber, logs, roots, brush, rotten wood, rocks, and other refuse from the clearing and grubbing operations must be removed from the site at the Contractor's expense and option. John T. Montford Dam: 02110-1 August, 2012 Erosion Control Project B. Completely remove timber, logs, roots, brush, rotten wood, rocks, and other refuse from the Owner's property. Disposal of materials in streams shall not be permitted and no materials shall be pilled in stream channels or areas where it might be washed away by floods. Timber within the area to be cleared shall become the property of the Contractor, and the Contractor may cut, trim, hew, saw, or otherwise dress felled timber within the limits of the Project Site property, provided timber and waste material is disposed of in a satisfactory manner at the Contractor's expense. Material shall be removed from the site daily, unless permission is granted by the Engineer or the Engineer's Representative to store the waste for an extended amount of time. John T. Montford Dam: Erosion Control Project END OF SECTION 02110-2 August, 20 SECTION 02300 EARTHWORK PART 1— GENERAL 1.1 SECTION INCLUDES A. This section of the specifications refers to general rework of various materials for subgrade preparation related to geotextile placement, gabion placement, concrete placement, and other miscellaneous grading items. 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 02318 — Borrow d. Section 02373 - Permanent Erosion Protection of Soil Slopes e. Section 02374 — Gabions and Gabion Mattresses 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-lb/fl). 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/ft3) 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 a washout. B. Borrow — Satisfactory soil imported from off -site for use as fill or backfill. C. Excavation — Removal of material encountered above subgrade elevations. John T. Montford Dam: 02300-1 August, 2012 Erosion Control Project _,m a. Additional Excavation —Excavation below subgrade elevations as directed 4_4 by the Engineer. Additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. 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 — Cohesion less 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. M. Washout - is the sudden erosion of soft soil or other support surfaces by a gush } of water, usually occurring during a heavy downpour of rain (a flash flood) or other stream flooding. John T. Moniford Dam: 02300-2 August, 2012 Erosion Control Project .... .: ::. .. _ 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 all 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 before the application of the erosion prevention method provided 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 property, or site improvements or weaken the bearing capacity of rock subgrade when using explosives. b. Explosives shall not be used for any reason. 3.3 SU13GRADE 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 John T. Montford Dam: 02300-3 August, 2012 Erosion Control Project minimum of ninety (90) percent of Standard Proctor Density at a moisture content within two (2) percent of optimum. a. Subgrade shall be constructed in a maximum of eight (8) inch lifts. B. The total compacted thickness of the subgrade underneath the proposed roadway and drainage channel shall be a minimum of ninety-five (95) percent of Standard Proctor Density at a moisture content within two (2) percent of optimum. C. Subgrade shall be constructed in a maximum of six (6) inch lifts, and rework of a minimum of six (6) inches. D. 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. 3.4 STORAGE OF SOIL MATERIALS A. Stockpile satisfactory excavated soil materials. Stockpile materials without intermixing. Place, grade, and shape stockpiles to drain surface water. 3.5 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. 3.6 MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before compaction to within two (2) percent of optimum moisture content. a. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. b. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds optimum moisture content by two (2) percent and is too wet to compact to specified dry unit weight. 3.7 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 two (2) 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-five (95) percent. C. All disturbed soils other than roadway work shall be brought up to ninety percent (90%) compaction +or- two percent (2%) optimum moisture content. John T. Montford Dam: 02300-4 August, 2012 Erosion Control Project 3.8 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 and paid for at the Contractor's expense. 3.9 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. D. Soil Compaction test shall be conducted every 150 linear feet, and in washout areas the soil must be compacted in eight (8) inch lifts and tested before addition soils are added to the washout. 3.10 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. 3.11 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from 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. John T. Montford Dam: 02300-5 August, 2012 Erosion Control Project a. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.12 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. John T. Montford Dam: Erosion Control Project END OF SECTION 02300-6 August, 2012 a 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 02300 — Earthwork. 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 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. 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. John T. Montford Dam: 02318-1 August, 2012 Erosion Control Project 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. H. Before a borrow pit is established soil test are required and shall be submitted as per Section — 01300 Submittal Procedures for approval before the site can be used, and done at the Contractor's expense. END OF SECTION John T. Montford Dam: 02318-2 August, 2012 Erosion Control Project ss-v-�-�-,.:>,-: -: ...._ : �- x =•T-:-s-- :<, � ,_ :.. ... mom» .. �.���, _�-� �-;-�^.� .. . SECTION 02373 PERMANENT EROSION PROTECTION OF SOIL SLOPES PART 1— GENERAL 1.1 SECTION INCLUDES A. Permanent erosion control High Performance Turf Reinforcement Mat with high Ultra -Violet (UV) resistance to protect newly constructed or excavated soil slopes. 1.2 UNIT PRICE A. Method of Measurement: By square yard- as specified in contract documents including seams, overlaps, anchor trenches, and wastage. 1.3 REFERENCES A. American Society of Testing and Materials (ASTM): a. D 570 - Standard Test Method for Water Absorption of Plastics b. D 6524 — Standard Test Method for Measuring the Resiliency of Turf Reinforcement Mats (TRM's). c. D 6525 — Standard Test Method for Measuring Nominal Thickness of Reinforcement Mats. d. D 6566 - Standard Test Method for Measuring Mass per Unit Area of Turf Reinforcement Mats. e. D 6567 — Standard Test Method for Measuring Light Penetration of Turf Reinforcement Mats. f. D 6575 —Test Method for Stiffness of Geosynthetics Used as Turf Reinforcement Mats. g. D 4354 — Practice for Sampling of Geosynthetics for Testing. h. D 4355 —Test Method for Deterioration of Geotextiles from Exposure to Ultraviolet Light and Water (Xenon -Arc Type Apparatus). i. D 4439 Terminology for Geotextiles j. D 4595 —Test Method for Tensile Properties of Geotextiles by the Wide - Width Strip Method. k. D 4632 —Test Method fro Grab Breaking Load and Elongation of Geotextiles. 1. D 4533 — Test Method for Trapezoid Tearing Strength of Geotextiles. m. D 4751 — Test Method of Determining Apparent Opening Size of a Geotextile n. D 4491—Test Method for Water Permeability of Geotextiles by Permittivity o. D 6818 — Test Method for Ultimate Tensile Properties of Turf Reinforcement Mats. p. D 4759 — Practice for Determining the Specification Conformance of Geosynthetics. q. D 4873 — Guide for Identification, Storage, and Handling of Geotextiles. John T. Montford Dam: 02373-1 August, 2012 Erosion Control Project i r. D 5035 — Standard Test Method for Breaking Force and Elongation of Textile Fabrics (Strip Force). s. D 6475 — Test Method for Measuring Mass Per Unit Area of Erosion Control Blankets. B. Federal Test Method of America (FTMA) CCC-5-191 B — Smolder Resistance of Textile Materials. C. Geosynthetics Accreditation Institute (GAI) — Laboratory Accreditation Program (LAP) D. International Standards Organization (ISO) 9001:2000 — Quality System Certification. 1.4 DEFINITIONS A. Minimum Average Roll Value (MARiq: Properly Value Calculated as typical minus two standard deviations. Statistically, it yields a 97.7 percent degree of confidence that any sample taken during quality assurance testing will exceed value recorded. B. High Performance Turf Reinforced Mat (HPTRM) — A long-term, non- degradable matting composed of UV -Stabilized, non -degradable, synthetic fibers, netting and/or filaments processed into three-dimensional reinforcement matrices designed for permanent and critical hydraulic applications where design discharged exert velocities and shear stress that exceed the limits of mature natural vegetations. HPTRMs provide sufficient thickness, strength and void space to permit soil filling and/or retention and the development of vegetation within the matrix. C. High UV Resistant (HUVJ - A nonwoven geotextile that is resistant to ultraviolet degradation and to biological and chemical environments normally found in soils made from polypropylene staple fiber. 1.5 SUBMITTALS A. Manufacturer Qualifications: a. The Contractor shall provided the engineer a certificate stating that name of the Geotextile and HPTRM and HUV Nonwoven Geotextiles manufacturer, product name, style, chemical composition of filaments or yarns and other pertinent information to fully describe the HPTRM & HUV nonwoven geotexti les. b. Manufacture shall demonstrate having manufactured a minimum of 5,000,000 square yards of HPTRM during the past 5 year and shall submit a listing of at least five (5) projects similar in complexity to the project described in the contract documents. c. The Manufacture is responsible for establishing and maintaining quality control program to assure compliance with the requirements of the specification. The Manufacturer's Quality Assurance/Quality control Manual (MQA/MQC) shall be submitted prior to acceptance. d. The Manufacturer's certificate shall state that the furnished HUV nonwoven geotextiles and HPTRM meets all MARV requirements of this specification as evaluated under the Manufacturer's quality control program. The John T. Montford Dam: 02373-2 August, 2012 Erosion Control Project certificate shall be attested to by a person having legal authority to bind the Manufacturer. 1. HPTRM Manufacture shall provide the owner with a written ten (10) year product warranty. 2. HPTRM Manufacture shall provide the City of Lubbock with a written five (5) year maintenance warranty. B. Manufacturing Quality Control (MQC) test results shall be provided upon request. C. Independent Performance Test Results from an accredited laboratory shall be provided with the mat submittal before the project is out for bid. Test shall conform to section 2.1 of Permanent Erosion Protection of Soil Slopes 1.6 DELIVERY, STORAGE, AND HANDLING A. HPTRM and HUV Nonwoven Geotextiles labeling, shipment and storage shall follow ASTM D 4873. B. Product labels shall clearly show the manufacturer name, style name, and roll number. C. Each HPTRM and HUV Nonwoven Geotextiles roll shall be wrapped with a material that will protect the geotextile from damage due to shipment, water, sunlight, and contaminants. D. The protective wrapping shall be maintained during periods of shipment and storage. E. During storage, HPTRM and HW Nonwoven Geotextiles rolls shall be elevated off the ground and adequately covered to project them from the following: Site constructions damage, extended exposure to ultraviolet radiation, precipitation, chemicals, that are strong acids or strong bases, flames, sparks, temperature in excess of 71 degrees C (106 degrees F) and any other environmental condition that might damage the RECP. 1.7 QUALITY ASSURANCE SAMPLING, TESTING, AND ACCEPTANCE A. HPTRM and HUV Nonwoven Geotextiles shall be sampled and tested as a condition of acceptance to verify conformance with the specification. Sampling for testing shall be in accordance with ASTM D 4354. B. Acceptance shall be in accordance with ASTM D 4759 based on testing of either conformance samples obtained using Procedure A of ASTM D 4354, or based on manufacturer's certifications and testing of quality control samples obtained using Procedure B ASTM D 4354. C. Quality assurance sampling and testing will be waived for ISO 9001:2000 Certified Manufacturing Facilities. Documentation of ISO 9001:2000 certifications shall be provided. D. Hydraulic performance testing is required to be provided by a third party accredited testing lab. Bench or small scale testing results shall not be accepted. PART 2 — PRODUCTS 2.1 MATERIALS A. HPTRM John T. Montford Dam: 02373-3 August, 2012 Erosion Control Project a. A lofty woven polypropylene geosynthetic specially designed for erosion control application on steep slopes and vegetated waterways. b. The matrix shall be composed of TAN, multi -lobed, polypropylene monofilament yarns, featuring X3TM technology woven into a uniform configuration of resilient pyramid -like projections, or equivalent pre - approved mat. c. TRM's manufactured from dissentious or loosely held together by stitched or glued netting, or composite of any type, shall not be allowed in this category. d. HPTRM's shall be defined as a High Survivability Long -Term Non- degradable material designed to reduce soil erosion and assist in the growth, establishment and protection vegetation for a period of time exceeding 50 years. e. All components shall be 100% synthetic and resistant to biological, chemical, ultraviolet degradation. E Required Minimum Average Roll Values for Acceptance Property Test Method Units property Requirements Color Observed N/A Sand Thickness ASTM D 6525 mm 10.2 in .40 Resiliency ASTM D 6524 Percent 80 Mass Per Unit Area ASTM D 6566 g/m^2 455 ozl d^2 13.5 Tensile Strength' ASTM D 6818 kN/m 58.4 x 43.8 lbs/ft) 4000 x 3000 Tensile Elongation ASTM D 6818 Percent 65 (max) Flexibility ASTM D 6575 mg -cm (avg) 615000 (in -lb) .534 UV Resistance ASTM D 4355 Percent 90 @ 6000 hrs 80 @ 10000 hrs Functional Longevity Observed Years >50 Maximum Velocity' Large Scale Flume m/sec 7.6 Test (ft(sec) (25 Maximum Shear Stress' Large Scale Flume N/m^2 718 Test Ib(ft^2) (15 Value of both machine and cross machine directions, respectively, under dry or saturated conditions. Tensile Strength retained of all components after exposure. Maximum permissible design values based on short-term peak flow duration (.05 hr.), vegetated data obtained at Colorado State University hydraulics testing facility on an erodible soil bed. Calculated as average values from large scale flexible channel lining test programs with a flow depth of 6 to 12 inches. MARV indicates minimum average role value calculated as the typical minus two standard deviation. Statistically, it yields a 97.7% degree of confidence that any sample take during quality assurance testing will exceed the values reported. John T. Montford Dam: 02373-4 August, 2012 Erosion Control Project a g. Manufacturing Quality Control: Testing shall be performed at a laboratory accredited by GAI-LAP for test required for the geosynthetic, at frequency exceeding ASTM D 4354, with following minimum acceptable testing frequency: Test Frequency Property sq in s d Mass Per Unit Area 1/20,000 1/24 000 Tensile Strength 1/20,000 1/24,000 Tensile Elongation 1/20,000 1/24,000 Light Penetration (% Passing) 1/20,000 1/24,000 B. HUV Nonwoven Geotextiles a. Nonwoven polypropylene geosynthetic specially designed to have a long- term resistance to ultraviolet light specially designed to provide erosion control protection for areas where little to no vegetation is expected. b. HW Nonwoven Geotextiles shall have not less than ninety percent 90% strength retention at 500 hours and no less than seventy percent 70% strength retention at 1000 hours per ASTM D 4355. c. HUV Nonwoven Geotextiles shall be made from 100% synthetic and resistant to biological, chemical, and ultraviolet radiation. d. Required minimum average roll values for acceptance. 11 Property Test Method Units Property the typical minus two standard deviations. Statistically, it yields a 97.7% degree of confidence that any sample take during quality assurance testing will exceed the values reported John T. Montford Dam: 02373-5 August, 2012 Erosion Control Project 2.2 ACCESSORIES A. Ground Anchoring Devices: a. Length: 450 mm (18 inches); sufficient ground penetration to resist pullout. 1.. Use longer anchors for loose soils. b. Metal pins: Steel, minimum 5mm (.20) in diameter with 40 mm (1.5 inches) steel washers. 2.3 PRE -APPROVED SUPPLIERS A. Propex Operating Company, LLC., Chattanooga, Tennessee 37422 Phone Number— (800) 621-1273 Fax Number - (432) 899-5005 Propex Territory Manager _ Quiana Cleveland, P.E. Phone Number - (281) 725-4230 E-mail- quiana.clevelandtpropexus.com. B. Contech Construction Products INC. 2201 W. Royal Lane Suite 170 Irving, Texas 75063 Phone Number (972) 590-2000 Fax Number— (972) 590-2039 Contech - Sales Engineer. Jason Chamberlin Phone Number - (817) 403-3667 E-mail - chaberlinjftontech-cpi.com C. All material suppliers that qualify can submit their products for consideration; the material supplier product must conform to the technical specifications of permanent erosion protection of soil slopes specified in this document. All material suppliers products will be considered for this project, but must be submitted within in the time frame granted by the City of Lubbock Purchasing Department posted on bidsync and turned into: • Purchasing Department City of Lubbock 1625 13th Street Lubbock, Texas 79401 PART 3 — EXECUTION 3.1 INSTALLATION A. Install BPTRM and HLTV Nonwoven Geotextiles at Elevation and alignment indicted in the contract plans. B. Extend 1-IPTRM and HiJV Nonwoven Geotextiles900 mm (3feet) over crest of slope, secure into trench with anchoring devices as detailed in the contract plana backfill, and compact with specified soil and brought up in 8" lifts to ninety percent (90%),compaction +or- two percent (2%) optimum moisture. C. Secure BPTRM and HUV Nonwoven Geotextiles to slope with ground anchoring devices in the pattern and depth prescribed by the contract plans. D. In the event of a conflict between the general installation guidelines given here and the contract plans, the contract plans will prevail. John T. Montford Dam: 02373-6 August, 2012 ` Erosion Control Project U 3.2 PREPARATION A. Grade and compact areas to be treated with the HPTRM and HUV Nonwoven Geotextiles to ninety (90%) compaction + or — two percent (2%) optimum moisture content. All site preparation must follow the plans and specifications provided for the constructions of this project. B. Remove large rocks, soil clods, vegetation, and other sharp objects that could. keep the HPTRM and HUV Nonwoven Geotextiles from intimate contact with subgrade. END OF SECTION John T. Montford Dam: 02373-7 August, 2012 Erosion Control Project 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. 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 withheld for later addition at Project site. Water added at project site will not be permissible without paperwork showing how much water has been with held. 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 44 requirements for production facilities and equipment. a. Manufacturer must be certified according to the National Ready Mixed Concrete Association's Certification of Ready Mixed Concrete Production Facilities. 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: a. ACI 301— Specification for Structural Concrete John T. Montford Dam: 03300-1 August, 2012 Erosion Control Project j__ N '..r :2:<i^,...;..4—+»L.-�•e -.a:m.:::dnx...:c.:�....'..',.ei.i�:.XF.+_+��a:.ae'am5:.—i. .•Yul�.ruGmw.J«4 n.34d+iui':.:.»t..,.,,_..�._..�.�.��«...._....::....V...'ti.V'Si.�•• ___ .�...�:.M.+m:aY+� � •row.v"row«•wvaw��,ee:-..�-::c 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. a. Avoid damaging coatings on steel reinforcement. 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 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, % 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: a. For concrete surfaces exposed to view, where legs of wire bar supports contact forms, use CRSI Class l 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. John T. Montford Dam: 03300-2 August, 2012 Erosion Control Project 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 1. 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 A. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field data bases, as follows: a. Proportion normal -weight concrete according to AC1211.1 and ACI 301. B. Standard design mix to be used unless noted otherwise, provide normal weight concrete with the following properties: John T. Montford Den: 03300-3 August, 2012 Erosion Control Project 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: 0.55 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: For concrete exposed to deicers, limit percentage, by weight, of cementitious materials other than Portland cement according to ACI 301 requirements. D. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than Portland cement in concrete as follows: a. Fly Ash: 20 percent E. Do not air entrain concrete to trowel -finished interior floors and suspended slabs. Do not allow entrapped air content to exceed 3 percent. F. Admixtures with chloride ions are prohibited. G. 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 degree 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. John T. Montford Dam: 03300-4 August, 2012 Erosion Control Project 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 famished with items to be embedded. a. Install anchor bolts, accurately located, to elevations required. 3.3 REMOVING AND REUSING FORMS 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. John T. Montford Darn: 03300-5 August, 2012 Erosion Control Project i b. Determine compressive strength of in -place concrete by testing representative field or laboratory cured test specimens according to ACI 301. 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 joints for beams, slabs, joists, and girders in the middle third of spans. Offset joints in girders a minimum distance of twice the beam width from a beam -girder intersection. d. Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and girders and at the top of footings or floor slabs. e. Space vertical joints in walls as indicated. Locate joints beside piers integral with walls, near corners, and in concealed locations where possible. John I Montford Dam: 03300-6 August, 2012 Erosion Control Project f. 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: a. Sawed Joints: Form 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. Curb and Gutter Joints: Curbs and gutter shall be constructed with an expansion joint at the tangent point on each return at intersections and at the end of each day's concrete pour. A construction or contraction joint shall be located at intervals corresponding to the joint interval of the adjacent concrete pavement or as directed by the Owner's Representative. Joints in the new concrete pavement shall extend through the new curb and gutter unless otherwise directed by the Owner's Representative. All joints shall be perpendicular to the surface of the concrete and to the axis of the section. The contraction joints shall be made by cutting into the curb and gutter sections with a trowel a depth of 22 inches; these joints shall be finished as specked under finishing. E. 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. F. 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. G. 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. John T. Montford Dam: 03300-7 August, 2012 Erosion Control Project 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. 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. Cold Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. a. When air temperature has fallen to or is expected to fall below 40 degree Fahrenheit, uniformly heat water and aggregates before mixing to obtain a concrete mix temperature of not less than 50 degrees Fahrenheit and not more than 80 degrees Fahrenheit at point of placement. b. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. c. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved in mix designs. H. Hot Weather Placement: Place concrete according to recommendations in ACI 35OR 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 MISCELLANEOUS CONCRETE ITEMS John T. Montford Dam: 03300-8 August, 2012 Erosion Control Project 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. 3.9 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: 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. 3.10 FIELD QUALITY CONTROL A. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device will be permitted by the Engineer. END OF SECTION John T. Montford Dam: 03300-9 August; 2012 Erosion Control Project John T. Montford Darn: Erosion Control Project APPENDIX A U.S. CORP OF ENGINEERS LETTER Appendix August, 2012 0T" DEPARTMENT OF THE ARMY Fort Worth District, Corps of Engineers LYTO P.O. Box 17300 Fort Worth. TX 76102-0300 ENn0N0FF July 18, 2012 Planning, Environmental, and Regulatory Division Regulatory Branch SUBJECT: Project Number SWF-2012-00312, John T. Monford Dam: Erosion Control Project Mr. John Turpin The City of Lubbock 1625 13th Street P. O. Box 2000 Lubbock, Texas 79457 Dear Mr. Turpin: Thank you for your letter received July 16, 2012, concerning the proposal by The City of Lubbock to address erosion that has occurred on the dam located in the City of Lubbock, Garza County, Texas. This project has been assigned Project Number SWF-2012-00312. Please l include this number in all future correspondence concerning this project. Under Section 404 of the Clean Water Act the U.S. Army Corps of Engineers (USACE) a regulates the discharge of dredged and fill material into waters of the United States, including wetlands. USACE responsibility under Section 10 of the Rivers and Harbors Act of 1899 is to r-1 regulate any work in, or affecting, navigable waters of the United States. Based on your U description of the proposed work, and other information available to us, we have determined this project will not involve activities subject to the requirements of Section 404 or Section 10. r Therefore, it will not require Department of the Army`authorization pursuant to Section 404 I and/or Section 10. The USACE based this decision on a preliminary jurisdictional determination that there are no waters of the United States within the project site. Thank you for your interest in our nation's water resources. If you have any questions concerning our regulatory program, please contact Ms. Cynthia Partee at the address above or .telephone 817-886-1461 and refer to your assigned project number. Please help the Regulatory Program improve its service by completing the survey on the following website: http://per2.nwp.usace.army.mil/survey.html. Sincerely, Stephen L. Brooks Chief, Regulatory Brand Page Intentionally Left Blank