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Resolution - 2013-R0011 - Contract - Envirocon Systems Inc.- Irrigation Pond Liner - 01_10_2013 (3)
Resolution NO. 2013-R0011 January 10, 2013 Item No. 5.17 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. 10631 for irrigation pond liner replacement at Meadowbrook Golf Course, by and between the City of Lubbock and EnviroCon Systems, Inc. of Houston, 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 January 10, 2013 -- '4 GL C. ROBERTSON, MAYOR ATTEST: D-e I -0 -- - Rebe ca Garza, City Secret t) APPROVED AS TO CON E T: Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs!RES.Contract-EnviroCon Systems, Inc. November 12, 2012 Resolution No. 2013—R0011 BID SUBIUTTAL FORM LUTNIP SUINI BID CONTRACT DATE: October 22, 2012 1TB 12-10631-RH Irrigation Pond Liner Replacement at Meadowbrook Golf Course Bid of EnviroCon Systems Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of an Irrigation Pond Liner Replacement at Meadowbrook Golf Course, having carefully examined the plans, specifications, instructions to bidders, notice to bidders 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 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. ITEM NO. DESCRIPTION LUMP SUM 1 Install irrigation pond liner at Meadowbrook Golf Course to include 71,890.50 fine grading and preparing the subgrade in accordance with project specifications, excavating and backfilling the anchor trench, installing a 60-mil high density polyethylene textured geomembrane liner, and connecting the new liner to existing concrete sump; including all other work considered incidental to the item; to include all equipment, labor, and tools to perform work. TOTAL LUMP SUM $ 71,890.50 Bidder's Initials 23 Bidder 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 TWENTY-ONE (21) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of ONE -HUNDRED DOLLARS (5100) 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. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of ONE HUNDRED AND TWENTY (120) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders 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 bid 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 bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bidder's Initials Enclosed with this bid is a Cashier's Check or Certified Check for Dollars (S- three thousand fiveDollars (S 3, 594.53 ),which ) or Bid Bond in the sum of ni note fnnr it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corp tion) ATTE T: Sec .ry Bidder acknowledges receipt of the following addenda: Addenda No. _ Date Addenda No. _ Date Addenda No. Date Addenda No. Date Date: Oc taLA Author' ed Signature Christooher H. Swires (Printed or Typed Name) EnviroCon Systems Inc. Company 1921 Greens Road Address Houston Harris City County Texas 77032 State Zip Code Telephone: 281 - 443-2592 Fax: 281 443-6227 FEDERAL TAX ID or SOCIAL SECURITY No. 76-0502330 EMAIL: Chris@enviroconsystems.com ,NI/1VBE Finn: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE CITY OF LUBBOCK INVITATION TO BID FOR Irrigation Pond Liner Replacement for Meadowbrook Golf Course ITB 12-10631-RH CONTRACT 10631 Plans & Specifications can be viewed online and downloaded from WWW.BIDSYNC.COM at no cost. ZO 13 - R oo l I CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE I Page Intentionally Left Blank 1 City of Lubbock, TX Purchasing and Contract Management Office Contractor Checklist for ITB 12-10631-RH The contract is only to submit (1) one original, unbound copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTA FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures mu: be original, in blue or black ink, and by hand. The proposer binds himself on acceptance of his bid t execute a contract and any required bonds, according to the accompanying forms, for performing an completing the said work within the time stated and for the prices stated below. In case of a discrepanc between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken." Inched corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAII 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 / 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 bid 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 Offc `prior to the deadline. Late bids will not be accepted. 6. ,/ Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explaine in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm' /FEDERAL TAXID number or Owner's SOCIAL SECURITY number. 8. ✓ Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. 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. EnviroCon Systems, Inc. (Type or Print Company Name) Page Intentionally Left Blank 1 2. 3. 4. 5. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT DAVIS BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS a s Page Intentionally Left Blank NOTICE TO BIDDERS ITB 12-10631-RH Sealed bids addressed to Marta Alvarez, Director of Purchasing & Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m. CST on the 17th day of October, 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: "Irrigation Pond Liner Replacement for Meadowbrook Golf Course" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 p.m. CST on the 17th day of October, 2012, and the City of Lubbock City Council will consider the bids on November Sth, 2012 at 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 bids and waive any formalities. The successful bidder 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 bidder 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 should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. r- The estimated budget for this project is $50,000. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on October 10th, 2012 at 10:00 am, CST, in the Clubhouse at Meadowbrook Golf Course, located inside Mackenzie Park @ 601 Municipal Drive, Lubbock, Texas, 79403. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from WWW.BIDSYNC.COM at no cost. In the event of a large file size, please be patient 7 when downloading or viewing. BUSIiVESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. f, Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's 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 bidders that in regard to any contract entered into pursuant to this t advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids 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-bidf; meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK IJ .Marta ACvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO BIDDERS 11" Pa2e Intentionally Left Blank 10 GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Irrigation Pond Liner Replacement for Meadowbrook Golf Course per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m., CST on October 17th, 2012, at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB 12-10631-RH Irrigation Pond Liner Replacement for Meadowbrook Golf Course" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Director of Purchasing & Contract Management . City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 �' 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management . Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda .. as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held on October 10, 2012 at 10:00 A.M. in the Clubhouse at Meadowbrook Golf Course, located inside Mackenzie Park (u, 601 Municipal Drive, Lubbock, Texas, 79403. 2.1 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do P not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB 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 bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be 1 available over the Internet at www.bidsylic.com and will become part of the bid package having the same binding effect as provisions of the original ITB. 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 five (5) calendar days before the bid closing date. 4 0 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB 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 bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REOUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB 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 bid shall be paid by the bidder. TRADE SECRETS. CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. �l 12 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder 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 bid, the bidder certifies and represents to the City the bidder 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 bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without f- charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice J to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or and combinations thereof, inadvertently restricts or limits the requirements stated in this TTB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Robin Holder, Senior Buyer City of Lubbock Purchasing and Contract Management Office 1625 131h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: rholder n mylubbock.us Bidsync: www.bidsyne.com 13 1__ 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within Twenty -One (21) consecutive calendar days as specified in the Notice to Proceed issued by the City of Lubbock to 4 the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to I 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. _1 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. iJ 14 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. q_ 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for use during construction.. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. ` 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have ;R been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. E. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 1 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. l 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall 15 I' 24 25 RM use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 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. 0 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S] RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETED OPERATIONS. LABOR AND WORKING HOURS-� 26.1 Attention of each bidder 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 bidders' 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 bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem 16 wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sunday 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 Sunday or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors 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 Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in 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 changed for the purpose of correcting an error in the bid price. --- 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing ' agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 17 W, 31 29.3 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name: EnviroCon Systems, Inc. 29.3.2 Bid for "ITB 12-10631-RH Irrigation Pond Liner Replacement for Meadowbrook Golf Course" Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (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. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder 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 bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This 18 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 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Item 1 plus the sum of any Alternate Bids or Options (if any) the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 32.7 The estimated budget for this project is $50,000. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 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. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage i. 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 19 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 34.2 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. .. 34.3 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: http://www.wdol.gov/dba.aspx 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 1J 34.5 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. 20 BID SUBMITTAL FORM 22 \} � Page Intentionally Left Blank M � \} 2! t BID SUBMITTAL FORM LUMP SUM BID CONTRACT DATE: October 22 2012 ITB 12-10631-RH Irrigation Pond Liner Replacement at Meadowbrook Golf Course Bid of Envirocon systems Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of an Irrigation Pond Liner Replacement at Meadowbrook Golf Course, having carefully examined the plans, specifications, instructions to bidders, notice to bidders 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 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. ITEM NO. DESCRIPTION LUMP SUM 1 Install irrigation pond liner at Meadowbrook Golf Course to include $ 71,890.50 fine grading and preparing the subgrade in accordance with project specifications, excavating and backfilling the anchor trench, installing a 60-mil high density polyethylene textured geomembrane liner, and connecting the new liner to existing concrete sump; including all other work considered incidental to the item; to include all equipment, labor, and tools to perform work. TOTAL LUMP SUM $ 71,890.50 Bidder's Initials 23 Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to 3 Proceed" of the Owner and to substantially complete the project within TWENTY-ONE (21) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of ONE -HUNDRED DOLLARS ($100) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the T contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of ONE HUNDRED AND TWENTY (120) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bidder's Initials Enclosed with this bid is a Cashier's Check or Certified Check for Dollars three thousand five ($ ) or a. Bid Bond in the sum of ni nPt-i, fnii Dollars ($ 3, 594.53 ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. T ' (Seal if Bidder is a Corp tion) ATTEST: Sec wry Bidder acknowledges receipt of the following addenda: Addenda No. _ _ Date Addenda No. Date Addenda No. Date Addenda No, Date Date: Authori ed Signature Christopher H. Swires (Printed or Typed Name) EnviroCon Systems Inc. Company 1921 r ns Road Address Houston Harris City County State Zip Code Telephone: 281 - 443-2592 Fax: 281 - 443-6227 FEDERAL TAX ID or SOCIAL SECURITY No. 76-0502330 EMAIL: chris@enviroconsVstems.com MAVBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) Page Intentionally Left Blank CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent Must be submitted with Bid I, the undersigned Offeror, certify that the insurance requirements contained in this bid 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 bid. Christopher H. Swires Contrac r ( Original Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: Envirocon Systems Inc. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 1921 Greens Road Houston, TX 77032 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid 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. BID No. 12-10631-RH—Irrigation Pond Liner Replacement at Meadowbrook Golf Course Page Intentionally Left Blank 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 bids 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 bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents 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 bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory. agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO x If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid 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. Bidder's Initials 2 QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such finn, 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 X If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid 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 bidder, or the firm, corporation, partnership, or institution represented by bidder, 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 from serious bodily injury or death? YES NO X If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature Christopher H. Swires Sales Manager Title 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: EnviroCon Systems Inc. FEDERAL TAX ID or SOCIAL SECURITY No. Signature of Company Official: 76-0502330 Printed name of company official signing above: Christopher H . Swires Date Signed: October 22, 2012 4 Page Intentionally Left Blank 1 1 LIST OF SUB -CONTRACTORS Page Intentionalty Left Blank I I 1. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 14. 15. 16. BID No. 12-10631-RH—Irrigation Pond Liner Replacement at Meadowbrook Golf Course LIST OF SUB CONTRACTORS Company Name Location Services Provided Stag Golf Inc. Castroville, TX Earthwork EnviroCon Systems Inc. Company 1921 Greens Road Address Houston , Harris City, County Texas 77032 State Zip Code Telephone: 281 - 443-2592 Fax: 281 - 443-6227 Minority Owned Yes No ❑ P ❑ ❑ ❑ ❑ Cl ❑ ❑ ❑ Cl ❑ Cl ❑ ❑ ❑ ❑ ❑ ❑ Cl Cl ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Cl THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR BID. IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO. 8 Palle Intentionally Left Blank L r I . I. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. BID No. 12-10631-1111—Irrigation Pond Liner Replacement at Meadowbrook Golf Course FINAL LIST OF SUB CONTRACTORS Company Name NONE Company Address City, County State Zip Code Telephone: - Fax: - Location Services Provided Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO. 10 Page Intentionally Left Blank II I PAYMENT BOND 12 Paine Intentionally Left Blank 11 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Bond No. 5150711 KNOW ALL MEN BY THESE PRESENTS, that EnviroCan (erem I �"er aiteica�led the Principal(s), as Principal(s), and SureTec Insurance Company (hereinafter called the Suretysas Sure �Y {se), fe held aad J b$unddun�Q t�e Cityof Lubbock (hereinafter called the Obligee), in the amount ofande�t I�i�_— ousan �g un iilars WIY,890.50�-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 thi0th day of January o Bid 12-10631—RH—Irrigation Pond Liner Replacement at vneadowbrook Golf Course, Contract No. 10631 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 21st day of January , 20 -13 SureTec insurance Company Surety * By: (Title) Kimberly J. ith Attorney —In —Fact EnviroCon Systems, Inc. (Company Name) By: g.-- S lF. V045— (Pri tedName) gnature) (Title) aupiicate Originai Tke undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates oward o nt resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of process may be had in matters arising out of such suretyship. SureTec Insurance Company *Howard Cowan Surety Cowan —Hill Bond Agency 7814 Orlando Avenue *By:Kimberly J. Smith, Lubbock, TX 79423 (Title) o -y-la-Pact Approved as to fop: City of ub By: City Attorney * Note: If signed by an Office 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. 14 Duplicate Original POA it: 4221022 SureTec Insurance Company LEWTED POWER OF s! l Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Steve Berry, Nancy T. Berry, Kimberly J. Smith, Barbara A. Burcham its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogtlizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal sball be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (adopted or a meeting held on 2& ofaprd, 1999.) In Witness Wtereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. SURETEC I=I' w W 7 John o Jr., residient State of Texas ss:cr e',. County of Harris �` c On this 3rd day of September, A-D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC RJSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it w-as so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. =ub ONADO of TexasaCq elj, ald0 Z;dO, l�lOtBry 1PUbIIC xpires3 Vly comm sion ex s May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE CONTANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 21st day of Jartuary 2013 , A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. D For verification of the authority of this power you may call (713) M-0800 any business day between 8,00 am and 5.00 pm �- k 0 0rioit.l CERTIFICATE OF INSURANCE Page Intentionally Left Blank 15 ,a►4CoRor CERTIFICATE OF LIABILITY INSURANCE 1/18/2013' 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 endorsement(s). PRODUCER Guaranty Insurance Services, Inc. 13111 Northwest Freeway Suite 420 Houston TX 77040 CONTACT Vicki Pearce NAME: PHONE (800)627-6474 WC, No:(866)652-9382 ADDRESS:vpearce@guarantyins. com INSURERS AFFORDING COVERAGE NAIC # INSURERA Westchester Surplus Lines Ins. 10172 INSURED Envirocon Systems, Inc. P. 0. Box 673048 Houston TX 77267 INSURER B ACE American Ins. Co. 22667 INSURERC:Texas Mutual Ins. CO. 22945 INSURERD:Travelers Lloyds Ins. Co. 41262 INSURER E INSURERF: COVERAGES CERTIFICATFNUMBFR:12/13 Master w/S5mil Umbr 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 A D R POLICY NUMBER POLICY EFF MWDD POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX1 OCCUR X G2406427AO04 /13/2012 /13/2013 PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY (CEMBISINGLE LIMIT O.. 1 000,000 X BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X CALHO8449211 /13/2012 /13/2013 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED AUTOS X NON -OWNED AUTOS Underinsured motorist $ 1,000,000 X UMBRELLA LUAB I X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5 , 000 , 0 00 A EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10,OOC $ X 024064268004 /13/2012 /13/2013 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY- ANY PROPRIETOR/PARTNERIEXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N I A X SF0001235088 /13/2012 /13/2013 x WC STATU- OTH- E.L. EACH ACCIDENT $ 11000,000 E.L DISEASE - EA EMPLOYEd $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 D CONTRACTORS EQUIPMENT T6604262B412TLCI2 /13/2012 /13/2013 LEASEDIRENTED- ANYONE 60,000 D INSTALLATION FLOATER T6604262B412TLC12 /13/2012 /13/2013 ANY JOBSITE 200,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: ITB 12-10631-RH Irrigation Pond Liner Replacement for Meadowbrook Golf Course. Complete Certificate Holder Name: City of Lubbock, its officers, agents and employees. Page 1 of 2 City of Lubbock c/o City of Lubbock Purchasing Department 1625 13th Street Suite 204 Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Donnelly/VPEARC e ACORD 25 (2010/05) INSn25 rgrr+nnsi n1 ©1988-2010 ACORD CORPORATION. All rights reserved. The ARr ion n2mn 2nri Innn 2m mnieferod mnrlrc of Arnon COMMENTS/REMARKS The General Liability policy includes Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization (ENV-3100 08/04) that provides additional insured status for On -Going operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes a Additional Insured Endorsement - Owners, Lessees or Contractors (ENV-3101 08/04) that provides additional insured status for Completed Operations with Primary and Noncontributory wording to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile policy includes an Automatic Additional Insured endorsement (DA-6Z04 05/2000) that provides additional insured status to the certificate holder 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 waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it (forms General Liability: ENV-3143; Automobile: CA2089 0604; Workers' Compensation: WC420304A 01/00) I ' OFREMARK COPYRIGHT 2000, AMS SERVICES INC. ' 0 WORKERS' COMPENSATION AND EMPLOYERS asMttlar T LIABILITY INSURANCE POLICY InsuranceCompany WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 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-0001235088 20120313 of the Texas Mutual Insurance Company Issued to ENV 1 ROCON SYSTEMS INC Endorsement No. Premium $Ar — Authorized Representative WC420304A (ED. 1-01-2000) AGENT'S COPY MEFOLKER 3-13-2012 No Text Envirocon Systems, Inc. Policy Symbol ii Policy Number Policy Period Effective Dale of Endorser CALi H08449211 I -1113/2012_y— 3/13/,2013 3/13/2012 Issued By (Name of Insurance Company) ACE American Insurance Company The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM SECTION it - LIABILITY COVERAGE, WHO IS AN INSURED is amended to Include as an "insured" any person or organization you are required in a written contract or agreement to name as an Additional Insured on your policy but only for "bodily injury" or "property damage" to which this insurance applies if the "accident" is caused by: 1. You, while using a covered "auto"or 2. Any other person, while using a covered "auto" with your permission. The insurance provided by this endorsement shall be subject to the following additional conditions: 1. The Limit of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event, shall the policy Limits of Insurance be increased by the contract. 2. All insuring agreements, exclusions, terms and conditions of the policy shall apply to the coverage (s) provided to the Additional Insured, and such coverage shall not be enlarged or expanded by reason of the contract. 3. Coverage provided by this endorsement shall be excess over any other valid and collecti- ble insurance available to the Additional Insured (s) whether primary, excess, contin- gent or on any other basis unless the contract specifically requires that this insurance be primary or you request that it apply on a primary basis prior to loss. Authorized Agent nA..R7n4 (nr,19nnn 1 Ptrl in 1 t 5-, A No Text POLICY NUMBER: CAL H08449211 COMMERCIAL AUTO CA 20 89 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. .JAN . gatilga This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE 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: Count By: 31/2I2 NameddInsured: Envirocon Systems, Inc. '� S (Authorized Representative) SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization for whom you are required in a written contract or agreement to waive any right of recovery we may have against the person or organization, but only for "bodily injury" or "property damage" to which this insurance applies if the "accident" is caused by a) you, while using a covered "auto", or b) any other person, while using a covered "auto" with your permission. Additional Premium (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or or- ganizations) shown in the Schedule. We will retain the additional premium shown above, regardless of any early termination of this endorsement or the policy. CA 20 89 06 04 © ISO Properties, Inc., 2003 Pace 1 of 1 Named Insured Endorsement Number Envirocon Systems, Inc. Policy Symbol Policy dumber Policy Period Effective pate of Endorsement GLW 2406427AO04 3/13/2012 — 3/13/2013 3/13/2013 Issued $y {Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to Iha preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Oraanizaiion: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO iS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV-3100 (08-04) Includes copyrighted material of Insurance Services Office, Inc, with its permission Page 11 of 1 Named Insured Endorsement Number Envirocon Systems, Inc. Policy Symbol I Policy Number Policy Period Effective Dale of Endorsement GLW IG2406427AO04 3/13/2012 - 3/13/2013 3/13/2012 Issued By (Name or Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is Issued subsequent to the preparation of the porky. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT - OWNERS, LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to include: A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. ENV-3101 (08-04) Includes copyrighted material of Insurance Services Office, inc. with its permission Page 1 of 1 Narned Insured Endorsement Number Envirocon Systems, Inc. Policy Symbol ' f olicv'Numbw Policy Pe -rind Effective Date of Endorsement GLW G2406427AO04 3/13/2012 — 3/13/2013 3/13/2012 Issued By (Name of Insurance company) Westchester Surpius Lines Insurance Company Insert the policy number The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organizatlon: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations, (If no entry appears above, information required to complete this endorsement wilt be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your worst done under a contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143 (03-05) Includes copyrighted material of Insurance Services Office, Inc. wish hs permission Page 1 of 1 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDERS RISK 100% of the Total Contract Price $ INSTALLATION FLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Fore WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ OTHER u The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock It shall be the contractor's responsibility to provide the owner all proof of coverage insurance documents including worker's compensation coverage for each sub -contractor. The additional insured endorsement shall include products and complete operations. CONTRACTOR CHECKLIST N A CONTRACTOR SHALL: X (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; X (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; ; X 3 provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage J () P g Y,P g p g showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; 3 X (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;kJ X (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; X (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 I" coverage of any person providing services on the project; 1 X (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. �I 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 infonnation 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 X (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the vY provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. Page Intentionally Left Blank No Text PAGE INTENTIONALLY LEFT BLANK CONTRACT 10631 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this loth day of January, 2013 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 EnviroCon Systems, Inc, of the City of Houston, County of Harris, 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: BID 12-10631-RH—Irrigation Pond Liner Replacement at Meadowbrook Golf Course 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 Conditions of Agreement. EnviroCon Systems, Inc's bid dated October 22, 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 perfonnance of the contract in accordance with the bid 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: EnviroCon Sysftms, Inc. By: Printed Name: C:rm Title: Cow c,��r , (IL1e� V11 a r- COMPLETE ADDRESS: Company: !.s✓ ire. ��., Svs �e.+►s �i�c . Address: I Oi Z I CGrceh i Qc2,% 4 - City, State, Zip: W 4-% 77n Z ATTEST: /t CITY OF LUBBOCK, TEXAS (OWNER): By: Glen erts , Aayor ATTEST: Rebec a Garza, City Secretary APPROVED -A§ TO C TENT: ` A Scott Snider, Assistant City Manager APP V A O FORM: City Attorney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT I Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT 3 OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2_ CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit EnviroCon Systems, Inc. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Scott Snider, Assistant City Manager, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular manner under this agreement. Engineers, supervisors or inspectors shall 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 Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the 1 Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 1 1 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 performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an Office 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. 10 11 12. 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 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. 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 shall 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 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 shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension shall 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 are needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) �f calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE l _ $ 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 t ` 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 Office, 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. � 4 18. 19 20 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. ...i 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. 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 are 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. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall 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 S. tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. `" 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or 8 Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. 25 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 shall 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. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, 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 bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its Offices, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED 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 WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. A. C. Commercial General Liability Insurance (Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury WITH HEAVY EQUIPMENT ENDORSEMENT Owner's and Contractor's Protective Liability Insurance. (DELETED) 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. Builder's Risk Insurance/Installation Floater Insurance. (DELETED) Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) (DELETED) 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 Definiti ns: 2. 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 a entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor tj Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without. limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to a provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement; from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to frilly protect all adjacent property. Without limiting, in any way, manner and form, the inden-mity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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. 16 42 43 44. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 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. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK{ Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which 17 �_s b shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative: 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. { 47. CLAIM OR DISPUTE r 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 t 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, shalli 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 refiise to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials ..'- and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: fifi 18 L.' (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 bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. 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 lereinabove 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_j 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 I 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 f notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public _ or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 19 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 t r 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 $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so Fi, furnished. 51. SPECIAL CONDITIONS In the events special conditions are contained herein as art of the contract documents and said special conditions P p p 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 t- Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a 20 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 - P q p ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time finds 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 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. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek 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. } If 21 DAVIS BACON WAGE DETERMINATIONS Page Intentionally Left Blank ' EXHIBIT A General Decision Number: TX120007 01/06/2012 TX7 Superseded General Decision Number: TX20100001 State: Texas .r Construction Types: Heavy and Highway Counties: Armstrong Y, 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 LABORER 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, 3CY 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 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. I SPECIFICATIONS f' 1 ( _' Page Intentionally Left Blank Specifications Lubbock IFMIS City of Lubbock, Texas Meadowbrook Golf Course Irrigation Pond Liner Construction February 2012 PSC Project # 01276212 I � Specifications 1 tubv4ot- bock TEXAS City of Lubbock, Texas Meadowbrook Golf Course Irrigation Pond Liner Construction B* �e-!►R 92189 !►�13r�1r,T February 2012 PARKHfLLSMITH&COOPER PSC Project # 01276212 in TABLE OF CONTENTS DIVISION 0 - BIDDING REQUIREMENTS AND CONTRACT INFORMATION 00805 Supplementary General Conditions........................................................................................... 6 DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work..................................................................................................................... 2 01019 Contract Considerations ........................................................................................................2 01025 Measurement and Payment........................................................................................................ 2 01039 Coordination and Meetings........................................................................................................ 2 01090 Reference Standards.................................................................................................................. 2 01300 Submittals..................................................................................................................................3 01356 Storm Water Pollution Prevention Measures.............................................................................2 01400 Quality Control.......................................................................................................................... 2 01500 Construction Facilities and Temporary Controls . ............................................................. 3 01600 Material and Equipment............................................................................................................ 3 01700 Contract Closeout......................................................................................................................2 DIVISION 2 - SITE WORK 02200 Excavation and Earthwork.......................................................................... ................ ...... 7 02245 Geomembrane Liner................................................................................................................ 12 DIVISIONS 3 —16 Not Used APPENDICES APPENDIX A Irrigation Pond Liner Construction Plan Sheets 01276212 TABLE OF CONTENTS TOC - 1 02/ 12 [I SECTION 00805 SUPPLEMENTARY GENERAL CONDITIONS PARTI-GENERAL The following paragraphs identify and describe changes to specific paragraphs in the General Conditions. 1.1 ADDITIONS, DELETIONS, AND REVISIONS 1.1.1 General Conditions "13. LINES AND GRADES", add a second paragraph as follows: All lines and grades (field surveys) furnished by the Owner's Representative are for initial construction layout and final constriction verification. If a portion of the work fails and requires additional work by the Contractor, additional surveys will be provided by the Owner's Representative at Contractor's expense. The Contractor shall be billed directly for additional surveys by the surveyor at the rates being paid by the Owner. Failure of the Contractor to pay for additional surveys will result in a reduction of that amount from the final payment. 1.1.2 General Conditions "21. OBSERVATION AND TESTING", add a fourth paragraph as follows: The Contractor shall pay all costs for pre -construction testing called for in the Technical Specifications and for all failing tests during construction. The Owner shall pay for all construction testing expect for failed tests. The Contractor shall be billed directly for failed tests by the testing laboratory at the rate per test being paid by the Owner. Failure of Contractor to pay for failed tests will result in a reduction of that amount from final payment. 1.1.3 General Conditions "26. RIGHT OF OWNER TO MODIFY METHODS AND EOUIPMENT", delete the first paragraph of this section. 1.1.4 General Conditions "27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC", modify as follows: Delete the fourth sentence of the first paragraph, i.e., "The Contractor, his sureties... including attorney's fees." and replace it with the following: "The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents, including Engineer, and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault ofthe Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and project which is the subject matter of this contract, on account of the failure of the Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, including Engineer, or employees including attorneys fees." 01276212 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 1 02/12 H I l 1.1.5 General Conditions "28. CONTRACTOR'S INSURANCE", modify as follows: A. Add the following paragraph after the first paragraph: "All insurance, as hereafter specified, shall include a waiver of subrogation against the Owner, the Owner's agents, and the Owner's Engineer." B. In addition to the City, the Engineer is to be named as an additional insured on the Comprehensive General Liability Insurance, the Owner's Protective or Contingent Public Liability and Property Damage Liability Insurance, the Comprehensive Automobile Liability Insurance and the Excess or Umbrella Liability Insurance policies, and a copy of the endorsement doing the foregoing is to be attached to the Certificates of Insurance for such policies. C. The Engineer is to be named as an additional insured on the Builder's Risk Insurance Policy, as its interests may appear. 1.1.6 General Conditions "39. PROTECTION OF ADJOINING PROPERTY", modify as follows: Delete the last sentence of the paragraph, i.e., "without limiting, in any way, manner and form, the indemnity provided ... out of the performance of this contract." and replace it with the following: "The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any adjacent or adjoining property arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work." 1.1.7 General Conditions "51. SPECIAL CONDITIONS", modify as follows: ( Delete the paragraph and replace it with the following: "In the event any special or supplementary general conditions that are a part of the contract documents conflict with any of the general conditions contained in this contract, then in such event the special or supplementary general conditions shall control." 1.2 ADDITIONAL PARAGRAPHS 1.2.1 General Conditions 58. CONSTRUCTION PROCEDURES AND SAFETY:" Owner's Representative and the Engineer shall not specify construction or service -related procedures and shall not manage, control or have charge of construction, nor shall Owner's Representative or Engineer implement or be responsible for health or safety procedures. Owner's Representative and Engineer shall not be responsible for the acts or omissions of Contractor or other parties on the project and shall not be responsible for construction means, methods, techniques, sequences, or procedures, nor for precautions or programs. All of these matters shall be responsibility of the Contractor. Owner's Representative's and Engineer's monitoring or review of portions ofthe work performed under any construction contracts shall not relieve the Contractor from its responsibility for performing the work in accordance with the applicable contract documents." Contractor shall defend, indemnify and hold harmless Owner, Engineer, their officials, officers, directors, consultants, agents and employees from and against all claims, damages, whether direct, indirect or consequential, losses and expenses (including but not limited to attorney's fees and court costs) connected with any illness, injury or loss to the person or property of Contractor, its subcontractors, suppliers, their employees 01276212 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 2 02/12 and agents, or any other person, arising out of or resulting from Contractor's responsibilities under this paragraph; the foregoing shall apply notwithstanding the negligence of any person or entity indemnified hereunder. Not withstanding the above, the Contractor will not be required to indemnify the Owner's Representative or the Engineer to causes arising out of the Engineer's negligent acts, errors, or omissions. 1.2.2 General Conditions 59. RESIDENT PROJECT REPRESENTATIVE (RPR): General: RPR is Engineer's agent at the site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general be with Engineer and Contractor keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. n Duties and Responsibilities of RPR: Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents, and assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. Shop Drawings and Samples: Record date of receipt of Shop Drawings and samples. Receive samples which are furnished at the site by Contractor, and notify Engineer of availability of samples for examination. 3. Advise Engineer and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by the Engineer. 01276212 SUPPLEMENTARY GENERAL CONDITIONS 02/12 00805 - 3 ! 1 t_a C. Review of Work, Rejection of Defective Work, Inspections and Tests: 1. Conduct on -site observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 2. Report to Engineer whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 3. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to Engineer appropriate details relative to the test procedures and startups. 4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. D. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Engineer. Transmit to Contractor decisions as issued by Engineer. E. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor decisions as issued by Engineer. F. Records: 1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 2. Keep a diary or log book, recording Contractor hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. 01276212 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 4 02/12 G. Reports: 1. Furnish Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 2. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work. 3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from Contractor and recommend to Engineer Change Orders, Work Directive Changes, and Field Orders. 4. Report immediately to Engineer and Owner upon the occurrence of any accident. H. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values. Work completed and materials and equipment delivered at the site but not incorporated in the Work. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer for review and forwarding to Owner prior to final payment for the Work. Completion: Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. 2. Conduct final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. Observe that all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance. K. Limitations of Authority: Resident Project Representative: Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Engineer. Shall not exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superintendent. 01276212 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 5 1 02/ 12- i 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 7. Shall not authorize Owner to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01276212 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 6 02/12 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1- General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site. C. Owner occupancy. 1.3 RELATED SECTIONS A. General Conditions of the Agreement. 1.4 WORK COVERED BY CONTRACT DOCUMENTS A. Identification: City of Lubbock, Texas, Meadowbrook Golf Course, "Irrigation Pond Liner Construction". B. Location: Lubbock, Texas, Meadowbrook Golf Course. C. Verbal Summary: Without force or effect on requirements of the Contract Documents a brief description of the Project is as follows: The City of Lubbock Meadowbrook Golf Course has an existing lined irrigation pond that requires the existing liner system to be removed and a new liner installed in its place. The City will perform the following work prior to the Contractor beginning construction: drain pond, dredge and dispose of sediment, remove existing liner, clear and grub around the pond perimeter up to the existing fence line and rough grade and rework the subgrade to the approximate lines and grades shown in the drawings. The Contractor will then be responsible for fine grading and preparing the subgrade in accordance with the project specifications, excavating and backfilling the anchor trench, installing a 60-mil high density polyethylene textured geomembrane liner, and connecting the new liner to an existing concrete sump. 1.5 CONTRACTOR USE OF SITE A. Limit use of site to allow Owner occupancy. B. Construction Operations will be limited to areas adjacent to construction site as designated by the Owner. 01276212 SUMMARY OF WORK 01010 - 1 02/12 1.6 OWNER OCCUPANCY A. The Owner will occupy the site during construction for the conduct of normal operations. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01276212 SUMMARY OF WORK 01010 - 2 02/12 SECTION 01019 CONTRACT CONSIDERATIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Application for Payment. B. Change procedures. 1.3 RELATED SECTIONS A. Section 01300 — Submittals. B. Section 01600 - Material and Equipment. 1.4 PROJECT DURATION A. Definitions 1. Substantial Completion — The point at which the liner system has been satisfactorily installed and all related work complete. B. Substantial Completion — Work associated with the project shall be substantially complete within 21 days of Notice -to -Proceed for the liner system. 1.5 APPLICATIONS FOR PAYMENT A. Submit four copies of each application to the Engineer. B. Payment Period: As defined in Owner -Contractor agreement. C. Waiver of liens from subcontractor. 1.6 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adj ustment to Contract Sum/Price or Contract Time. B. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the General Conditions of the Contract. C. All Change Orders must be approved and signed by Owner. Do not commence with work included in a Change Order until it has been approved and signed by the Owner. PART 2 - PRODUCTS Not Used 01276212 CONTRACT CONSIDERATIONS 01019 - 1 02/12 PART 3 - EXECUTION Not Used END OF SECTION 01276212 CONTRACT CONSIDERATIONS 01019 2 02/12 SECTION 01025 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.1 REQUIREMENTS A. The unit price or lump sum price bid on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. B. All estimated quantities for unit price bid items stipulated in the bid proposal are approximate and are to be used only (a) as a basis for estimating the cost of the work and (b) for the purpose of comparing the bids submitted for the work. The actual amount of work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for unit price work and materials will be the actual amount of work done and material furnished as measured by the Engineer. C. All measurements and payments will be based on completed and accepted work performed in strict accordance with the Drawings and Specifications and in accordance with contract bid prices. All incidental work and subsidiary items whether shown or not or listed for measurement or payment will not be paid for separately, but will be included in the payment for the bid items stated in the contract and shall be full compensation for all labor, equipment, materials, testing and incidentals necessary to perform the work in accordance with the Contract Documents. D. Cost of work or materials shown on the Drawings, called for in the Specifications and on which no separate payment is made; shall be included in the bid price for the various items for which they are associated. A claim by the Contractor for extra compensation for an item. required but not shown on the Drawings or described in the Specifications will not be considered. E. It is anticipated that the interconnections between the various items of equipment and the control system will require coordination and in some cases interface devices such as, but not limited to, couplings, flanges, reducers, converters, conduit, relays, contacts, wiring, etc., will be required whether or not these items are shown on the Drawings. It is the General Contractor's responsibility to provide the necessary coordination and interface devices at no additional cost to the Owner. 1.2 BASE BID — IRRIGATION POND LINER CONSTRUCTION A. Mobil ization/Demobilization (Bid Item 1) 1. Payment will be made for mobilizing and demobilizing all equipment, tools insurance, bonds and all other job -related items to and from the job site. Price will be on a lump sum basis and shall include all equipment, labor, materials, superintendence and all incidentals necessary to become fully mobilized at the start of the project and demobilized when work is complete. Mobilization related expenses include Contractor's cost for the following: obtaining a construction staging area; obtaining storage areas for equipment and construction office facilities; obtaining and setting up construction office facilities; obtaining and paying for electric power required for construction; providing sanitary facilities for construction personnel; obtaining and paying for water needed for 1 1 01276212 MEASUREMENT AND PAYMENT 01025 - 1 02/12 construction; and all other incidentals required for Contractor to complete mobilization. This bid item shall not exceed 3% of the contract price. B. Textured Geomembrane Liner (Bid Item 2) 1. Payment will be made for providing and installing a textured 60-mil, high density polyethylene liner including all labor, equipment, materials, supplies, etc., for complete installation. Price shall also include cost of connections to existing structures in irrigation pond, fine grading, subgrade preparation, and construction of anchor trenches. Payment will be made on a lump sum basis. C. Erosion Control 1. No separate payment will be made for erosion control as required for this project. This item shall be considered incidental to all other bid items. D. Survey 1. No separate payment will be made for construction survey as required for this project. This item shall be considered incidental to all other bid items. E. Cleaning 1. The project site shall be returned to pre -construction conditions. No separate payment will be made for cleaning as required for this project. This item shall be considered incidental to all other bid items. PART 2-PRODUCTS Not Used PART 3-EXECUTION Not Used END OF SECTION 01276212 MEASUREMENT AND PAYMENT 01025 - 2 02/12 SECTION 01039 COORDINATION AND MEETINGS PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Coordination. B. Field engineering. C. Site mobilization conference. 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion and for portions of Work designated for Owner's occupancy. 1.4 FIELD ENGINEERING A. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. 1.5 SITE MOBILIZATION CONFERENCE A. Engineer will schedule a conference at the Project site prior to Contractor occupancy. B. Attendance Required: Engineer and Contractor's Project Manager and Jobsite Superintendent. C. Agenda: 1. Use of premises by Owner and Contractor. 2. Owner's requirements. 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. 5. Survey layout. 6. Security and housekeeping procedures. 7. Schedules and Coordination. 8. Procedures for testing. 9. Procedures for maintaining record documents. D. Record minutes and distribute copies within three days after meeting to participants with two copies to Engineer and those affected by decisions made. 01276212 COORDINATION AND MEETINGS 01039 - 1 02/12 1.6 BI-WEEKLY MEETINGS A. Bi-weekly meetings will be held at the work area on a day agreeable to all parties. At minimum, the meeting will be attended by the Contractor and the Engineer. The purpose of the meeting is to: 1. Review the work activity and location for the week. 2. Discuss the Contractor's personnel assignment for the week. 3. Review the previous week's activity. 4. Review the work schedule. 5. Discuss the possible problem areas and situations. 6. Review of submittals schedule and status of submittals. 7. Maintenance of progress schedule. 8. Planned progress during succeeding work period. 9. Coordination of projected progress. 10. Maintenance of quality and work standards. 11. Review status of"as-buiIt" drawings prepared by Contractor to ascertain that Contractor is keeping "as -built' drawings CURRENT. 12. Other business relating to Work. B. Record minutes, and distribute copies within three days to Engineer, participants, and those affected by decisions made. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01276212 COORDINATION AND MEETINGS 01039 - 2 02/12 SECTION 01090 REFERENCE STANDARDS PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1- General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance. B. Schedule of references. 1.3 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. 1.4 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date for receiving bids. C. Obtain copies of standards when required by Contract Documents. 1.5 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 N. Capitol St. NW Washington, DC 70001 ACI American Concrete Institute Box 19150, Reford Station Detroit, MI 48219 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 CFR Code of Federal Regulations U.S. Government Printing Office Washington, DC 20402 01276212 REFERENCE STANDARDS 01090 -1 02/12 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60195 GRI Geosynthetic Research Institution Drivel University West Wing - Rush Bldg. #10 Philadelphia, PA 19104 NSF National Sanitation Foundation 3475 Plymouth Road P.O. Box 130140 Ann Arbor, Michigan 48113-0140 NSWMA National Solid Wastes Management Association 1730 Rhode Island Ave., N.W. Washington, DC 20036 TCEQ Texas Commission on Environmental Quality Box 13087 Austin, Texas 78711-3087 USCOE U.S. Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01276212 REFERENCE STANDARDS 01090 - 2 02/12 SECTION 01300 SUBMITTALS PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Submittal procedures. B. Resubmittal requirements. C. Construction progress schedules. D. Proposed products list. E. Proposed equipment list. F. Shop drawings. G. Product data. H. Manufacturers' instructions. I. Manufacturers' certificates. 1.3 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01400 - Quality Control. D. Section 01700 - Contract Closeout. 1.4 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. C. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. D. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. F. Provide space for Contractor and Engineer review stamps. G. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 01276212 SUBMITTALS 01300 - 1 02/12 H. Format 1. Submit all submittals digitally using .PDF file extension. Each submittal shall be a single .PDF file including transmittal letter. Multiple files for the same submittal will not be accepted. 2. Submittals in any other format, including .ZIP files, will be rejected. 3. Hard copies will not be accepted. 4. To ensure each page is legible, .PDF pages of drawings shall be the same size/scale as a hard copy. Where applicable, scale symbols should be provided to indicate scale. Illegible submittals will be rejected. 5. Submittals will be uploaded to Architect's Info Exchange website. I. The submittal procedures described in this Article applies to the Construction Progress Schedule, Products List, Shop Drawings, Product Data, Samples (actual samples to be submitted, not digital files), Design Data, Test Reports, Certificates, Manufacturer's Instructions and Field Reports, and any other type of submittal submitted to Engineer. 1.5 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required identifying all changes made since previous submittal and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. 1.6 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date established in Notice to Proceed for Engineer review. B. Revise and resubmit as required. C. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates. 1.7 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.8 SHOP DRAWINGS A. Submit in a reproducible form. B. Drawing size shall be minimum 8 1/2 x 11 inches and maximum of 24 x 36 inches. 1.9 PRODUCT DATA A. Mark each copy to identify applicable products, models, options, and other data. B. Include recommendations for application and use, compliance with specified standards oftrade 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. 01276212 SUBMITTALS 01300 - 2 02/12 1.10 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data- B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.11 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. PART2-PRODUCTS Not Used PART 3-EXECUTION Not Used END OF SECTION 01276212 SUBMITTALS 01300 - 3 02/12 SECTION 01356 STORM WATER POLLUTION PREVENTION MEASURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1- General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Where required, the Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP), file a Notice of Intent (NOI) and implement storm water pollution prevention measures shown on the drawings. 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, and/or failure to adequately implement and adjust the storm water pollution prevention measures where a SWPPP is implemented. 1.3 SUBMITTALS A. Inspection Reports. 1.4 EROSION AND SEDIMENT CONTROLS A. General 1. 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 in a timely manner during the construction process to minimize erosion and sediment run-off. B. Stabilized Ingress/Egress 1. Stabilized access to and from the construction site shall be installed as soon as practical where a SWPPP is required. 2. In all cases, 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 1. Where necessary, the Contractor shall provide silt fences and/or diversion berms as a temporary structural practice to minimize erosion and sediment runoff. Silt fences and/or diversion berms shall be properly installed to effectively retain sediment immediately after completing each phase of work where erosion would occur in the form of sheet and rill erosion (e.g. clearing and grubbing, excavation, embankment, and grading). D. Sand/Gravel Bags 1. 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., clearing and grubbing, 01276212 STORM WATER POLLUTION PREVENTION MEASURES 01356 - 1 02/12 excavation, embankment, and grading) in each independent runoff area (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 1. Contractor shall disturb the least amount of site area as possible. 2. Stabilization measures may include any of the following measures: a. temporary or permanent seeding or sodding, b. mulching, C. geotextiles, d. vegetative buffer stips, e. paving. PART 2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN A. A SWPPP is only required if the limits of disturbance exceed 1.0 AC. The limits of disturbance for this project are anticipated to be LESS than LOAC. B. If limits of disturbance exceed 1 AC, the Contractor is responsible for meeting requirements of TPDES. (Contractor shall develop SWPPP, file aNOI and implement SWPPP measures). C. A completed Construction Site Notice form in accordance with the requirements of the State's general permit for storm water discharges from construction sites will be prepared by the Contractor (where a SWPPP is required). D. The SWPPP (where required) 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. END OF SECTION 01276212 STORM WATER POLLUTION PREVENTION MEASURES 01356 - 2 j 1 02/12 -' SECTION 01400 QUALITY CONTROL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1- General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance and control of installation. B. Inspection and testing laboratory services. 1.3 RELATED SECTIONS A. Section 00805 - Supplementary General Conditions. B. Section 01090 - Reference Standards. C. Section 01300 — Submittals. D. Section 01600 - Material and Equipment. 1.4 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Perform work by persons qualified to produce workmanship of specified quality. 1.5 INSPECTION AND TESTING LABORATORY SERVICES A. Contractor will perform all testing services of geomembrane liner. B. Owner will appoint, employ, and pay for services of an independent firm to perform inspection and testing if deemed necessary. C. The Contractor or the independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the Engineer. D. .Reports will be submitted by the Contractor or the independent firm to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. E. Retesting required because of non-conformance to specified requirements shall be performed by the either the Contractor or the same independent firm on instructions by the Engineer. Payment for retesting will be charged to the Contractor. 01276212 QUALITY CONTROL 01400 - 1 02/ 12 PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01276212 QUALITY CONTROL 01400 - 2 02/12 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1- General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Temporary Utilities: Electricity, water, and sanitary facilities. B. Temporary Controls: Barriers, water control, protection of the Work, and security. C. Construction Facilities: Progress cleaning and removal of utilities. 1.3 RELATED SECTIONS A. Section 00805 - Supplementary General Conditions. B. Section 01700 - Contract Closeout. 1.4 CONSTRUCTION ENTRANCE A. Contractor shall coordinate construction entrance location and vehicle and equipment access to the project site with Owner. B. Contractor to install construction entrances as directed by Owner. Size of construction entrance is at the Contractor's discretion. C. Contractor shall remove gates and return construction entrances to original pre-existing condition upon completion of the project. 1.5 TEMPORARY ELECTRICITY A. Contractor shall contact electric company to provide service for temporary power. B. Owner will not pay cost of energy used. Exercise measures to conserve energy. C. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required by Contractor's operations. Provide flexible power cords as required. D. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electrical Code. 1.6 TEMPORARY WATER SERVICE A. Contractor shall provide temporary water service for all purposes (potable and nonpotable). B. Owner will not pay cost of water used. Exercise measures to conserve water. C. Contractor must provide a means at Contractor's expense to pump the water from the source and load water transport vehicles. 01276212 CONSTRUCTION FACILITIES 01500 - 1 02/12 AND TEMPORARY CONTROLS 1.7 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. B. Permanent building facilities shall not be used during construction operations. Maintain daily in clean and sanitary condition. 1.8 BARRIERS/TRAFFIC CONTROL A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Furnish all necessary traffic control signs and flag personnel. The Contractor shall establish a parking area in a location approved by the engineer and Owner. 1.9 STORM WATER CONTROL A. Grade site to drain. Maintain excavations free of water. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. C. Protect all lining materials from water before, during, and after installation. 1.10 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. 1.11 SECURITY/WORKING HOURS A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. Cost for security shall be included in bid price. B. The Contractor shall coordinate with Owner for work outside of the normal hours of operation of the facility. The Contractor shall be responsible for securing the site when working beyond normal hours of operation. 1.12 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site and dispose at TCEQ-permitted landfill at intervals as required to maintain clean site. 1.13 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. 01276212 CONSTRUCTION FACILITIES 01500 - 2 02/12 AND TEMPORARY CONTROLS PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01276212 CONSTRUCTION FACILITIES 01500 - 3 02/12 AND TEMPORARY CONTROLS SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1- General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. 1.3 RELATED SECTIONS A. Section 00805 - Supplementary General Conditions. B. Section 01400 - Quality Control. 1.4 PRODUCTS A. Products shall be new material, components, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. 1.5 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction process. B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 01276212 MATERIAL AND EQUIPMENT 01600 - 1 02/ 12 3. Provide off -site storage and protection when site does not permit on -site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Provide cover to stockpile to prevent windblown contaminants from mixing with the stockpile. Granular materials shall not be stored on bare ground or asphalt surfaces. C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.6 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. 1.7 EQUIPMENT LIST A. Submit in accordance with Section 01300 Submittals. 1.8 SUBSTITUTIONS A. Engineer will consider requests for substitutions only within 30 days after date established in Notice to Proceed. B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A request constitutes a representation that the Bidder: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the Substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be required or the Work to be complete with no additional cost to Owner. 4. Waives claims for additional cost or time extension which may subsequently become apparent. 5. Will reimburse Owner and Engineer for review or redesign services associated with re - approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit four copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The Engineer will notify Contractor, in writing, of decision to accept or reject request. 01276212 MATERIAL AND EQUIPMENT 01600 - 2 02/12 PART 2 - PRODUCTS Not Used PART 3-EXECUTION Not Used END OF SECTION 01276212 MATERIAL AND EQUIPMENT 01600 - 3 02/12 SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Project record documents. D. Warranties. 1.3 RELATED SECTIONS A. Section 01500 - Construction Facilities and Temporary Controls. 1.4 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.5 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site as directed by Engineer. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site, two sets of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. 01276212 CONTRACT CLOSEOUT 01700 - 1 02/12 D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1.. Measured depths of foundations in relation to finish first floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract Drawings. 6. Changes made by addenda and modification. F. Submit documents to Engineer with claim for final Application for Payment. 1.7 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01276212 CONTRACT CLOSEOUT 01700 - 2 02/12 i SECTION 02200 EXCAVATION AND EARTHWORK PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1- General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Project site has been excavated to near final grades. Earthwork shall include the following. 1. Miscellaneous grading to repair erosion, fine grading, and proof rolling subgrades for liner systems at Meadowbrook Irrigation Pond. 2. Excavating and backfilling anchor trenches. 1.3 RELATED SECTIONS A. Section 01090 — Reference Standards. B. Section 01500 — Construction Facilities and Temporary Controls. C. Section 02245 - Geomembrane Liner. 1.4 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation, title or are used to establish criteria. The latest publication in use at the time of the executed contract shall be the one used on this project. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM D 698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft) ASTM D 6938 Standard Test Method for In -Place Density and Water Content of Soil and Soil Aggregate by Nuclear Methods (Shallow Depth) ASTM D 4318 Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TCEQ Texas Commission on Environmental Quality, Municipal Solid Waste Management Regulation, 30 TAC Chapter 330 01276212 EXCAVATION AND EARTHWORK 02200 - 1 02/12 1.5 DEFINITIONS A. Backfill 1. A specified material used in refilling a cut, trench, over excavation or other excavation, placed at a specified degree of compaction. B. Compaction 1. The process of mechanically stabilizing a material by increasing its density at a controlled moisture condition. "Degree of Compaction" is expressed as a percentage of the maximum density obtained by the test procedure described in ASTM D 698 for general soil types abbreviated in this specification as " 95 percent ASTM D 698 maximum density". C. Embankment 1. A "fill" having a top that is higher than adjoining ground. D. Excavation 1. Excavation consists of the removal of material encountered to subgrade elevations and the reuse or disposal of materials removed. E. Fill 1. Specified material placed at a specified degree of compaction to obtain an indicated grade or elevation. F. Hard Material 1. Weathered rock, dense consolidated deposits or conglomerate materials, (excluding manmade materials such as concrete) which are not included in the definition of"rock" but which usually require the use of heavy excavation equipment with ripper teeth or the use of jack hammers for removal. G. In Situ Soil 1. Existing in place soil. H. Lift l . A layer (or course) of soil placed on top of a previously prepared or placed soil. I. Rock 1. Solid, homogeneous, interlocking crystalline material with firmly cemented, laminated, or foliated masses or conglomerate deposits, neither of which can be removed without systematic drilling and blasting, drilling and the use of expansion jacks or feather wedges, or the use of backhoe-mounted pneumatic hole punchers or rock breakers; also large boulders, buried masonry, or concrete other than pavement, exceeding 1 cubic yard in volume. Removal of "hard material" will not be considered rock excavation because of intermittent drilling and blasting that is performed merely to increase production. J. Soil 1. The surface material of the earth's crust resulting from the chemical and mechanical weathering of rock and organic material. K. Subgrade 1. The material in excavation (cuts) and fulls (embankments) immediately below any subbase, base, liner, or other improvement. Also, as a secondary definition, the level below which work above is referenced. L. Subgrade 1. The uppermost surface of an excavation or the top surface of a fill or backfill immediately below geomembrane liner, geosynthetic clay liner, or reinforced concrete. M. Topsoil 1. In natural or undisturbed soil formations, the fine-grained, weathered material on the surface or directly below any loose or partially decomposed organic matter. Topsoil may be a dark -colored, fine, silty, or sandy material with a high content of well decomposed 01276212 EXCAVATION AND EARTHWORK 02200 - 2 I 02/12 s organic matter, often containing traces of the parent rock material. Gradation and material requirements specified herein apply to all topsoil references in this contract. The material shall be representative of productive soils in the vicinity. N. Unauthorized excavation consists of removing materials beyond indicated subgrade elevations or dimensions without direction by the Engineer. Unauthorized excavation, as well as remedial work directed by the Engineer, shall be at the Contractor's expense. O. Unsatisfactory Material 1. Existing, in situ soil or other material which can be identified as having insufficient strength characteristics or stability to carry intended loads in fill or embankment without excessive consolidation or loss of stability. Unsatisfactory materials also include man-made fills, refuse, frozen material, uncompacted backfills from previous construction, unsound rock or soil lenses, or other deleterious or objectionable material. P. Working Platform 1. A layer of compacted crushed rock or natural stone that replaces the in situ soil to provide a stable, uniform bearing foundation for construction equipment to facilitate further site construction. 1.6 DELIVERY AND STORAGE A. Deliver and store materials as needed in a manner to prevent contamination or segregation. 1.7 QUALITY ASSURANCE A. Codes and Standards: Perform earthwork complying with requirements of authorities having jurisdiction. 1.8 CRITERIA FOR BIDDING A. Base bids on the following criteria: 1. Surface elevations as indicated. 2. The character of the material to be excavated or used for subgrade is as indicated. Hard material shall not be considered as rock and removal of such material shall not give cause for a claim for additional compensation regardless of hardness or difficulty in removing. Rock as defined in the paragraph entitled, "Definitions," should not be encountered. 3. Suitable backfill and fill material in the quantities required is available at the project site. 4. Blasting will not be permitted. Remove material by drilling and use of expansion jacks or feather wedges, or the use of backhoe-mounted pneumatic hole punchers or rock breakers, or as approved by the Engineer. PART 2-PRODUCTS 2.1 REQUIRED EQUIPMENT A. Subgrade preparation for areas to receive geomembrane liner must include rolling with a self-propelled smooth drum roller. B. No equipment will be allowed within the limits ofthe lining system without prior approval from the Engineer. Submit all equipment to be used within the limits of the liner in accordance with 01276212 EXCAVATION AND EARTHWORK 02200 - 3 02/ 12 Section 01300, Submittals including equipment weights, ground pressures, required lift thickness, etc. PART 3 - EXECUTION 3.1 PREPARATION A. Protection and Restoration of Surfaces 1. Protect newly graded areas from traffic, erosion, and settlements. Repair and reestablish damaged or eroded slopes, elevations or grades and restore surface construction prior to acceptance. Protect existing streams, ditches and storm drain inlets ftom water -borne soil by means of straw bale dikes or filter fabric dams as needed. Conduct work in accordance with requirements specified in Section 01356 - Storm Water Pollution Prevention Measures. B. Stockpile of Excavated Material l . Stockpile excavated material in such a manner that it will not obstruct the flow of runoff, streams, endanger a partly finished structure, impair the efficiency or appearance of facilities, or be detrimental to the completed work. 3.2 SURFACE PREPARATION A. Clearing 1. Brush, refuse, stumps, roots, and unmerchantable timber shall become the property of the Contractor and be removed as directed by the Engineer. Conduct work in accordance with requirements specified in Section 01356, "Storm Water Pollution Prevention Measures." B. Stockpiling Topsoil 1. Strip approved topsoil from the site where excavation or grading is indicated and stockpile separately from other excavated material. Locate topsoil as shown on plans so that the material can be used readily for the finished grading. Protect and store in segregated piles until needed. C. Unsatisfactory Material 1. Remove organic matter, sod, muck, rubbish, and unsuitable soils under the limits of construction. Typical depth of removal of such unsuitable material will not be less than 12 inches. D. Protect structures, utilities, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. E. Provide erosion control measures to prevent erosion or displacement of soils. 3.3 DEWATERING A. Prevent surface water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area. B. Protect subgrades from softening and damage by rain or water accumulation. 3.4 GENERAL EXCAVATION A. Excavate to the indicated slopes, lines, depths and elevations. The Engineer will verify that the excavation has been performed in accordance with the Project Drawings. Stockpile excavated 01276212 EXCAVATION AND EARTHWORK 02200 - 4 02/12 material as directed by Owner and Engineer. Prepare subgrade in accordance with paragraph 3.6, PREPARATION OF SUBGRADE AND COMPACTED BERMS, of this section. B. Unclassified Excavation: Excavation is unclassified and includes excavation to required subgrade elevations regardless of the character of materials and obstructions encountered. C. Keep excavations free from water while construction is in progress. Notify the Engineer immediately in writing in the event that it becomes necessary to remove rock, hard material, or other material defined as unsatisfactory to a depth greater than indicated. Refill excavations cut below required subgrade elevations. 3.5 EXCAVATION FOR ANCHOR TRENCHES A. Excavate trenches to indicated slopes, lines, depths, and elevations. The Engineer shall verify that the trench has been constructed according to Project Drawings. B. Excavate trenches to uniform widths as shown on Project Drawings. Excavate trench walls vertically from trench bottom to top, except rounded edges will be provided where liner materials enter anchor trenches so as to avoid sharp bends in the geosynthetic materials. C. If the trench is located in clay susceptible to desiccation, only the amount of trench required for one day of installation shall be excavated to minimize desiccation of trench soils. 3.6 PREPARATION OF SUBGRADE AND COMPACTED BERMS A. Fine -grade subgrade to smooth, uniform and compacted conditions. Remove all stones larger than 3/4-inch in diameter and any other objects which could damage overlying geosynthetic materials. B. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by the Engineer. C. Proof roll subgrade with self propelled smooth drum roller or by methods acceptable to the Engineer to remove clods and non -uniform subgrade. D. Use suitable fill materials from on site as directed by the Owner and compact to 95% standard proctor density (ASTM D698). Control the development of rills, repairing any that occur, and maintain the side slopes for the duration of the project. 3.7 UNAUTHORIZED EXCAVATION A. Fill unauthorized excavations as directed by the Engineer. 3.8 ANCHOR TRENCH BACKFILL A. The trenches shall be backfilled and compacted in loose lifts not to exceed 8-inches. Compaction shall be achieved using light, rubber -tired equipment or other light compaction equipment. Care shall be taken to prevent damage to the geosynthetic materials. At no time shall construction equipment come into direct contact with the geomembrane liner. If damage occurs, it shall be repaired by the Contractor, in accordance with the specifications, prior to completion of backfilling. B. The trenches shall be compacted to the Maximum Dry Density shown on the plans as determined by ASTM D698. 01276212 EXCAVATION AND EARTHWORK 02200 - 5 02/ 12 3.9 MOISTURE CONTROL A. Uniformly moisten or aerate subgrade or backftll layer before compaction to optimum moisture content or higher. 1. Do not place backftll or fill material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air-dry satisfactory soil material that is too wet to compact to specified density. a. Stockpile or spread and dry removed wet satisfactory soil material. 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. Provide a smooth transition between existing adjacent grades and new grades. Correct and control wind and water erosion. B. Site Grading 1. Grade to finished grades indicated within 0.10 foot. No rock will protrude above the finished grade elevation. Rock that protrudes will be removed below grade and the void backfrlled and compacted to ASTM D698 (95%). Grade areas to drain where possible. Existing grades which are to remain but are disturbed by the Contractor's operations shall be restored to preconstruction condition. C. Protection of Surfaces 1. Protect newly graded areas from traffic, erosion, and settlements that may occur and as required in the Section 01356, "Storm Water Pollution Prevention Measures" and as specified in paragraph 3.1.A of this Section entitled "Protection and Restoration of Surfaces." Repair or reestablish damaged grades, elevations, or slopes before work will be accepted. 3.11 FIELD QUALITY CONTROL A. The Contractor shall test each subgrade and each fill or backftll layer. Do not proceed until test results for previously completed work verify compliance with requirements. 1. Liner Subgrade: Proof roll to smooth surface such that no ruts or other surface indentions exceed one inch in depth. 2. Trench Backfrll: In each compacted initial and final backftll layer, perform at least one field in -place density test for each 150 feet or less of trench, but no fewer than two tests. B. When test results report that subgrades, fills, or backfrlls are below specified density, scarify and moisten or aerate, or remove and replace soil to the depth required, recompact and retest until required density is obtained. 3.12 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and re-establish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace material to depth directed by the Engineer; reshape and recompact at optimum moisture content to the required density. 01276212 EXCAVATION AND EARTHWORK 02200 - 6 02/12 C. Settling: Where settling occurs during the Project correction period, remove finished surfacing, backfill with additional approved material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.13 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Transport surplus satisfactory soil to designated storage areas on the Owner's property. Stockpile or spread soil as directed by Engineer. 1. Remove waste material, including unsatisfactory soil, trash, and debris, and dispose of it at a permitted landfill. END OF SECTION 01276212 EXCAVATION AND EARTHWORK 02200 - 7 02/ 12 SECTION 02245 GEOMEMBRANE LINER PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division I - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. 60-Mil High Density Polyethylene (HDPE) textured geomembrane liner (GML). B. Installation procedures for HDPE GML. 1.3 REFERENCES Applicable Publications: The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. The latest publication in use at the time of the executed contract will be the one that governs this project. A. American Society for Testing and Materials (ASTM) Standards: I. ASTM D 413 Standard Test Methods for Rubber Property -Adhesion to Flexible Substrate. 2. ASTM D 638 Standard Test Methods for Tensile Properties of Plastics. 3. ASTM D 746 Standard Test Methods for Brittleness Temperature of Plastics and Elastomers by Impact. 4. ASTM D 751 Standard Test Methods for Coated Fabrics. 5. ASTM D 792 Standard Test Methods for Density and Specific Gravity (Relative Density) of Plastics by Displacements. 6. ASTM D 882 Standard Test Methods for Tensile Properties of Thin Plastic Sheeting. 7. ASTM D 1004 Standard Test Method for Initial Tear Resistance (Graves Tear) of Plastic Film and Sheeting. 8. ASTM D 1204 Standard Test Method for Linear Dimensional Changes of Nonrigid Thermoplastic Sheeting or Film at Elevated Temperature. 9. ASTM D 1238 Standard Test Method for Melt Flow Rates of Thermoplastic by Extrusion Plastometer. 10. ASTM D 1505 Standard Test Method for Density of Plastics by the Density - Gradient Technique. 11. ASTM D 1593 Standard Specification for Nonrigid Vinyl Chloride Plastic Sheeting. 12. ASTM D 1603 Standard Test Method for Carbon Black in Olefin Plastics. 13. ASTM D 1693 Standard Test Method for Environmental Stress -Cracking of Ethylene Plastics. 01276212 02/12 GEOMEMBRANE LINER 02245 - 1 Ci 14. ASTM D 1822 Standard Test Method for Tensile -Impact Energy to Break Plastics and Electrical Insulating Materials. 15. ASTM D 4437 Standard Practice for Non-destructive Testing (NDT) for Determining the Integrity of Field Seams Used in Joining Flexible Polymeric Sheet Geomembrane. 16. ASTM D 4833 Standard Test Method for Index Puncture Resistance of Geomembranes and Related Products. 17. ASTM D 5199 Standard Test Method for Measuring Nominal Thickness of Geosynthetics. 18. ASTM D 5321 Standard Test Method for Determining the Coefficient of Soil and Geosynthetic or Geosynthetic and Geosynthetic Friction by the Direct Shear Method. 19. ASTM D 5397 Standard Test Method for Evaluation of Stress Crack Resistance of Polyolefin Geomembranes using Notched Constant Tensil Load Test. 20. ASTM D 5596 Standard Test Method for Microscopic Evaluation of the Dispersion of Carbon Black in Polyolefin Geosynthetics. 21. ASTM D 5594 Standard Test Method for Measuring Core Thickness of Textured Geomembrane. 22. ASTM D 6392 Standard Test Method for Determining the Integrity of Nonreinforced Geomembrane Seams Produced Using Thermo - Fusion Methods. 23. ASTM D 6693 Standard Test Method for Determining Tensile Properties of Nonreinforced Polyethylene and Nonreinforced Flexible Polypropylene Geomembranes. B. Geosynthetics Research Institute: 1. GRI GM 13 HDPE Liners. C. Texas Natural Resource Conservation Commission: 1. TCEQ Texas Commission on Environmental Quality, Municipal Solid Waste Management Regulation, 30 TAC Chapter 330. D. Owner: 1. MSW Permit Owner's TCEQ MSW Permit No. 69. 1.4 QUALITY ASSURANCE A. Manufacturing 1. The Manufacturer shall have at least five (5) years continuous experience in the manufacture of HDPE geomembrane rolls and/or experience totaling 10,000,000 square feet of manufactured HDPE geomembrane. The manufacturer shall permit the owner and the Engineer to visit the manufacturing plant. B. Installation 1. The installation contractor shall be the manufacturer or an approved contractor trained and licensed to install the manufacturer's geomembrane. 2. Installation shall be performed under the constant direction of a single Field Installation Supervisor who shall remain on site and be responsible, throughout the liner installation, for liner layout, seaming, patching, testing, repairs, and all other activities by the Installer. This Installation Supervisor shall have installed or supervised the installation and seaming of a minimum of 2,000,000 square feet of HDPE geomembrane. Actual seaming shall be performed under the direction of a Master Seamer (who may also be the Installation Supervisor) who has seamed a minimum of 2,000,000 square feet of HDPE geomembrane, using the same type of 01276212 GEOMEMBRANE LINER 02245 - 2 02/12 seaming apparatus specified in the current project. This Installation Supervisor and/or Master Seamer shall be present whenever seaming is performed. 1.5 SUBMITTALS A. Manufacturer 1. Quality control program and manual, or descriptive documentation. 2. List of material properties and samples of liner. 3. A list documenting no less than 5 completed facilities totaling a minimum of 2,000,000 square feet. 4. Certification that all resin used in the manufacture of geomembrane for this job meets the specifications. 5. Copy of quality control certificates issued by the HDPE resin supplier. 6. Copy of quality control certificates in conformance with Sections 2.2 and 2.5. 7. Certification that the geomembrane and extrudate produced for this project have the same properties. B. Installation Contractor 1. Certification that both the Installation Supervisor for the installer and the Master Seamer have reviewed the Quality Assurance Plan, the Project Plans, and these specifications, as applicable to the project. 2. The Contractor shall provide a list of seam properties, minimum values (see section 2.4), and test methods employed. 3. A list of at least 5 completed facilities, totaling a minimum of 2,000,000 square feet for which the Contractor has installed an HDPE geomembrane. 4. Proposed Installation Panel layout identifying seams and details. a. Layout plan must be approved by the Engineer at least 10 days before materials are ordered. The panel layout shall provide that: 1) Seams run up and down slopes. 2) Field seam lengths are to be minimized. 3) GML shall not have any penetrations. 5. Any proposed variance or deviation from these documents shall be submitted in writing by the Installer to the Engineer a minimum of seven (7) working days prior to the scheduled start of geomembrane installation and will be accepted/rejected by the Engineer prior to start of installation activities. C. Materials 1. Submit four samples of each different liner material to be used. Sample size shall be four -inches by five -inches. 1.6 WARRANTY A. A written Warranty shall be obtained from the Manufacturer (for material) and the Installation Contractor (for workmanship). These documents shall warrant the quality of the in -place liner. B. Manufacturer 1. Furnish a written warranty on a pro-rata basis for a period of 20 years. The warranty shall be against manufacturing defects or workmanship and against deterioration due to ozone, ultraviolet or other normal weather aging. The warranty shall be limited to replacement of material only, and shall not cover installation. C. Installation Contractor 1. Furnish a written warranty that the entire lining installed to be free of defects in material and workmanship and installed pursuant to the project documents for a 01276212 GEOMEMBRANE LINER 02245 - 3 02/12 period of 2 years following the date of the Certificate of Completion. The Contractor shall agree to make any repairs or replacements made necessary by defects in materials or workmanship which become evident during the 2 year warranty period. 1.7 DELIVERY, STORAGE AND HANDLING A. Transportation 1. The geomembrane rolls or panels shall be packaged and shipped by appropriate means so that no damage is caused. Transportation shall be the responsibility of the Installer. B. Delivery 1. Off-loading and storage of the geomembrane is the responsibility of the Installer. The Installer shall be responsible for replacing any damaged or unacceptable material at no cost to the Owner. No off-loading shall be done unless the Engineer is present. Damage during off-loading shall be documented by the Engineer and Installer. All damaged rolls must be separated from the undamaged rolls until the proper disposition of that material has been determined by the Owner's Representative. The Owner's Representative will be the final authority on determination of damage. C. On -Site Storage 1. The geomembrane shall be stored so as to be protected from puncture, dirt, grease, water, moisture, mud, mechanical abrasions, excessive heat, or other damage. 2. The rolls shall be stored on a prepared surface (not wooden pallets) and shall not be stacked more than two rolls high. PART 2-PRODUCTS 2.1 MATERIALS A. The geomembrane shall be High -Density Polyethylene that meets material properties shown in Table 1. B. Textured HDPE will have a coefficient of friction of GM to subgrade and protective soil cover of not less than 22 degrees. 2.2 GEOMEMBRANE RAW MATERIALS A. The geomembrane shall be manufactured of new, first -quality resin and shall be t compounded and manufactured specifically for the intended purpose. Carbon black shall be added to the resin if the resin is not compounded for ultra -violet resistance. The resin manufacturer shall certify each batch for the properties shown in Table 1. 2.3 ROLLS A. The geomembrane shall be supplied in rolls with a minimum width of 15 feet. Labels on t ' each roll shall identify the thickness of the material, the length and width of the roll, batch and roll numbers, and name of manufacturer. The roll length shall be maximized to provide the largest manageable sheet for the fewest field seams. B. The geomembrane rolls shall meet the properties shown on Table 1 for textured geomembrane material. _a 01276212 GEOMEMBRANE LINER 02245 - 4 s 02/12 C. Prior to use, the material shall be certified in writing by the manufacturer to meet the minimum physical properties shown on Table 1. The certificate must include roll identification number, testing procedure and test results. Test results are required for every 50,000 square feet of material shipped to site. TABLE 1 TYPICAL PROPERTIES: 60 mil, HDPE Textured Geomembrane Liner TEST RESULTS Pra` er < Test Method.` Nflm nai, Mini numi Thickness, mils ASTM D 5994 60 54 Sheet Density, g/cc ASTM D 1505 / D 792 0.94 Melt Index, g/10 minutes ASTM D 1238 <1.0 Carbon Black Content, % ASTM D 4218 2.0 Carbon Black Dispersion ASTM D 5596 (1) TENSILE PROPERTIES ASTM D 6693 1) Tensile Strength at Yield, ppi. Type IV 132 2) Tensile Strength at Break, ppi (mod per NSF Std. 54) 132 3) Elongation at Yield, % 12 4) Elongation at Break "(2.0" G.L.)% 200 Tear Strength, lbs. ASTM D 1004 45 Puncture Resistance, lbs. ASTM D 4833 108 Low Temperature Brittleness ASTM D 746 <60°F Environmental Stress Crack ASTM D 1693 200 Resistance, hours (Cond. B) Dimensional Stability, % ASTM D 1204 +/-2.0 SEAM PROPERTIES - Fusion Weld ASTM D 6392 1) Shear Strength, ppi 120 2) Peel Strength, ppi 78 SEAM PROPERTIES - Extrusion Weld ASTM D 6392 1) Shear Strength, ppi 120 2) Peel Strength, ppi 78 (1) 9 of 10 Views in Categories 1 or 2 and 1 of 10 Views in Category 3. 2.4 FIELD SEAMS A. Approved field seaming processes are hot shoe fusion welding and extrusion welding. B. Welding rods or beads used for extrusion welding shall be HDPE and the physical properties shall be the same as those of the resin used in the manufacture of the HDPE geomembrane. 01276212 GEOMEMBRANE LINER 02245 - 5 02/12 2.5 QUALITY CONTROL SPECIFICATIONS A. Raw Materials 1. Resin a. All resins for use in Geomembrane must pass a candidate pre -approval process before being eligible for use. Each incoming rail car shall be sampled by compartment with the following testing performed and compared to the manufacturer's specifications: 1) Density: ASTM D 1505/D792. 2) Melt Index: ASTM D 1238. 2. Additives i a. All additives and concentrates must pass a candidate pre -approval process. All _j incoming materials are to be statistically sampled with the following testing performed and compared to the manufacturer's specifications: 1) Density: ASTM D 1505/D792. 2) Melt Index: ASTM D 1238. 3) Carbon Black Content: ASTM D 4218. B. Finished Product: On -Line During Production 1. Coverage A minimum of one person from the Quality Department, independent of the Production Department, shall be present for on-line inspection of every roll for 100% of every run. 2. Inspection a. Performed on each roll. 1) Thickness: A full width sample shall be cut from the end of each roll, and thickness shall be checked across the entire sample. 2) Appearance: There shall be constant monitoring of the following. (a) Sheet surface appearance. C (b) Knife -cut edge. (c) Folds, holes, creases, abrasions, or other damage. 3. Roll Identification a. The Q.C. Engineer controls all paperwork, including roll tags. Four tags per roll shall be used on the following: ' 1 On the roll sleeve. 2) Inside the core. 3) On the production roll sample. 4) On the roll surface. 4. Out -of -Spec. Material Any roll not meeting the specification for any of the above inspections shall be placed on hold. C. Finished Product: Post Production 1. Sampling a. Test samples shall be obtained from the rolls of material to be delivered to the site for conformance testing. The samples shall be tested for the following requirements at the rates specified. 2. Testing Requirements - Resin a. Specific Gravity/Density 1) Test Method: ASTM D 1505 / D 792. 2) Test Frequency: Not less than 1 test per 50,000 square feet with not less than 1 test per resin lot. i 01276212 GEOMEMBRANE LINER 02245 - 6 02/12 I b. Melt Flow Index 1) Test Method: ASTM D 1238. 2) Test Frequency: Not less than 1 test per 50,000 square feet with not less than 1 test per resin lot. 3. Testing Requirements - Finished Product a. Thickness 1) Test Method: ASTM D 5994 (Textured). 2) Test Frequency: 1 per 50,000 ft.' and 1 test per resin lot. b. Density 1) Test Method: ASTM D 1505 / D 792. 2) Test Frequency: Not less than 1 test per 50,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. C. Carbon Black Content 1) Test Method: ASTM D 4218. 2) Test Frequency: Not less than I test per 50,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. d. Carbon Black Dispersion 1) Test Method: ASTM D 5596. 2) Test Frequency: Not less than I test per 50,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. e. Tensile Properties 1) Test Method: ASTM D 6693. 2) Test Frequency: Not less than I test per 50,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. f. Puncture Resistance 1) Test Method: D 4833. 2) Test Frequency: Not less than 1 test per 50,000 square feet with not less than one test per resin lot. 3) Minimum Number of Tests: 4. g. Tear Resistance 1) Test Method: ASTM D 1004. 2) Test Frequency: Not less than 1 test per 50,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. h. Dimensioned Stability (Shrinkage) 1) Test Method: ASTM D 1204, NSF 54 Modified. 2) Test Frequency: Not less than I test per 50,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. 4. Reporting a. All results shall be logged into the batch file. Any testing that yields "but -of -spec" results shall be brought to the immediate attention of the Q.C. Manager. All material produced after the last sample meeting all specifications shall be retrieved and placed on hold. 01276212 GEOMEMBRANE LINER 02245 - 7 02/12 D. Finished Product: Laboratory Post -Production 1. Reporting a. All results shall be logged into the batch file. These results shall be the official properties for that batch. Any batch that fails any specification shall be placed on hold for further evaluation. PART 3 - EXECUTION 3.1 ANCHOR TRENCH A. The anchor trench shall be excavated as shown in the project documents prior to liner system placement. 3.2 PLACEMENT A. The Installer shall be responsible for the following: 1. No equipment or tools shall damage the geomembrane by handling, trafficking, or other means. 2. No personnel working on the geomembrane shall smoke, wear damaging shoes, or engage in other activities that could damage the geomembrane. 3. The method used to unroll the panels shall not cause scratches or crimps in the geomembrane and shall not cause indentations in the supporting soil greater than one inch deep. 4. The method used to place the panels shall minimize wrinkles. Wrinkles shall be identified as to proper location and compensation shall be identified on the Contractor's and Engineer's drawings. Ballast shall be used to prevent relocation of the compensating wrinkles by wind. 5. Adequate loading (e.g., sand bags or similar items that will not damage the geomembrane) shall be placed to prevent uplift by wind (in case of high winds, continuous loading is recommended along edges of panels to minimize risk of wind flow under the panels). 6. Direct contact with the geomembrane shall be minimized, i.e., the geomembrane in traffic areas is protected by geotextiles, extra geomembrane, or other suitable materials. B. Weather Limitations 1. Geomembrane deployment shall proceed between ambient temperatures of 320 F to 104' F. Placement can proceed below 32' F only after it has been verified by the Engineer that the material can be seamed according to the specification. Below 40' F, preheating of the GML will be required. 2. Geomembrane placement shall not be done during any precipitation, in the presence of excessive moisture (e.g., fog, rain, dew) or in the presence of excessive winds, as determined by the installation supervisor. C. Geomembrane Protection 1. Geomembrane shall not be left exposed to weather for more than seven (7) consecutive calendar days. D. Factory Seam Quality Verifications 1. The Engineer will require the Contractor to test up to as much as 20% of factory fusion welds (non-destructive air pressure test and/or vacuum test) in the field to verify factory test results. Additional testing at the Installer's expense will be required if failed tests are obtained in the field. 01276212 GEOMEMBRANE LINER 02245 - 8 -t 02/12 3.3 FIELD SEAMING A. Seams shall be oriented parallel to the line of maximum slope, i.e., oriented down, not across the slope. In corners and odd -shaped geometric locations, the number of field seams shall be minimized. B. No base T-seam shall be closer than 5 feet from the toe of the slope. Seams shall be aligned with the least possible number of wrinkles and "fishmouths." If a fishmouth or wrinkle is found, it shall be relieved and cap -stripped. C. Seam Overlap 1. Panels of geomembrane must have a finished overlap of a minimum of 4 inches for hot shoe fusion welding and 3 inches for extrusion welding. 2. No solvent or adhesive may be used unless the product is approved by the Owner's Representative. (Samples shall be submitted to the Engineer for testing and evaluation). 3. The procedure used to temporarily bond adjacent panels together shall not damage the geomembrane; in particular, the temperature of hot air at the nozzle of any spot welding apparatus shall be controlled in a manner such that the geomembrane is not damaged. D. Seaming Equipment and Accessories Approved equipment for field seaming are hot shoe fusion welders and extrusion welders. 1. Hot Shoe Welder, 110 Volt, 10 Amps. 2. Extrusion Welder, 220 Volt, 19 Amps. 3. High-speed, 10,000 rpm, 42 inch side grinder with 80-grit discs. 4. 7.5 KW Generator, single-phase with 110/220 Volt Outputs. 5. Power Cord, minimum S.O. type, 10 O.S.H.A. approved electrical cord with O.S.H.A. approved twist -type plugs and connections. 6. Seam Vacuum Tester for non-destructive seam and patch testing. 7. Field Tensiometer, capable of performing seam and peel adhesion tests for quantitative testing on -site. E. Test Seams 1. Field test seams shall be conducted on geomembrane liner to verify that seaming conditions are satisfactory. Test seams shall be conducted for each seamer at the beginning of each seaming period, at the Engineer's discretion, and at least once each 4 hours, for each seaming apparatus used that day. 2. All test seams shall be made at a location selected by the Engineer in the area of the seaming and in contact with the subgrade. The test seam samples shall be 10 feet long for hot shoe welding and 3 feet long for extrusion welding with the seam centered lengthwise. Specimens 1 inch wide shall be cut from each opposite end of the test seam by the Engineer. The Engineer shall use a tensiometer provided by the Installer to test these specimens for shear and peel. If a test seam fails to meet field seam specifications, the seaming apparatus and/or seamer shall not be accepted and shall not be used for seaming until the deficiencies are corrected and two consecutive successful full test seams are achieved. At the very least, the peel adhesion and bonded shear strength must be 62% and 95%, respectively, of the strength of the parent material, but no less than 78 ppi and 120 ppi, respectively. 01276212 GEOMEMBRANE LINER 02245 - 9 02/ 12 i- F. Non -Destructive Seam Testing The Installer shall non-destructively test all field seams over their full length. All test equipment, including but not limited to the following shall be furnished by the Installer: 1. Vacuum Box testing a. Equipment for testing single wedge fusion seams and extrusion seams shall be comprised of the following: 1) A vacuum box assembly consisting of a rigid housing, a transparent viewing window, a soft rubber gasket attached to the bottom, port hole or valve assembly, and a vacuum gauge. 2) A steel vacuum tank and pump assembly equipped with a pressure controller and pipe connections. 3) A rubber pressure/vacuum hose with fittings and connections. 4) A plastic bucket and wide paint brush. 5) A soapy solution. b. The following procedures shall be followed by the installer: l) Excess sheet overlap shall be trimmed away. 2) Clean the window, gasket surfaces and check for leaks. 3) Energize the vacuum pump and reduce the tank pressure to approximately 3-5 psi. 4) Wet a strip of geomembrane approximately 12 inches by 48 inches (length of box) with the soapy solution. 5) Place the box over the wetted area and compress. 6) Close the bleed valve and open the vacuum valve. 7) Ensure that a leak tight seal is created. 8) For a period of approximately 15 seconds, examine the geomembrane through the viewing window for the presence of soap bubbles. 9) If no bubbles appear after 15 seconds, close the vacuum valve and open the bleed valve, move the box over the next adjoining area with a minimum 3 inches overlap and repeat the process. 10) All areas where soap bubbles appear shall be marked and repaired and then retested. C. The following procedures shall apply to locations where seams cannot be non-destructively tested, as determined by the Engineer: 1) If the seam is accessible to testing equipment prior to final installation, the seam shall be non-destructively tested prior to final installation. 2) If the seam cannot be tested prior to final installation, the seaming operations shall be observed by the Engineer for uniformity and completeness. 2. Air Pressure Testing (For Double Fusion Seam Only) a. The following procedures are applicable to those processes which produce a double seam with an enclosed space. l) Equipment for testing double fusion seams shall be comprised of the following: (a) An air pump equipped with pressure gauge capable of generating and sustaining a pressure between 25 and 30 psi and mounted on a cushion to protect the geomembrane. (b) A manometer equipped with a sharp hollow needle, or other approved pressure feed device. b. The following procedures shall be followed by the Installer: 1) Seal one end of the seam to be tested. 01276212 GEOMEMBRANE LINER 02245 - 10 02/12 2) Insert needle or other approved pressure feed device through the sealed end of the channel created by the double wedge fusion weld. 3) Energize the air pump to verify the unobstructed passage of air through the channel. 4) Seal the other end of the channel. 5) Energize the air pump to a pressure between 25 and 30 psi, close valve, and sustain pressure for approximately 5 minutes. 6) If loss of pressure exceeds 4 psi, or pressure does not stabilize, locate faulty area, repair and retest. 7) Remove needle or other approved pressure feed device and seal. G. Defects and Repairs 1. All seams and non -seam areas of the geomembrane shall be inspected by the Engineer for defects, holes, blisters, undispersed raw materials, and any sign of contamination by foreign matter. Because light reflected by the geomembrane helps to detect defects, the surface of the geomembrane shall be clean at the time of inspection. The geomembrane surface shall be brushed, blown, or washed by the Installer if the amount of dust or mud inhibits inspection. The Engineer shall decide if cleaning of the geomembrane is needed to facilitate inspection. a. Evaluation 1) Each suspect location in seam and non -seam areas shall be non-destructively tested as appropriate in the presence of the Engineer. Each location that fails the non-destructive testing shall be marked by the Engineer, and repaired accordingly. b. Repair Procedures 1) Defective seams shall be restarted/reseamed as described in these specifications. 2) Small holes shall be repaired by extrusion cap welding. If the hole is larger than 3 inch, it shall be patched. 3) Tears shall be repaired by patching. Where the tear is on a slope or an area of stress and has a sharp end it must be rounded prior to patching. 4) Blisters, large holes, undispersed raw materials, and contamination by foreign matter shall be repaired by patches. 5) Surfaces of HDPE which are to be patched shall be abraded and cleaned no more than 15 minutes prior to the repair. No more than 10% of the thickness shall be removed. 6) Patches shall be round or oval in shape, made of the same geomembrane, and extend a minimum of 6 inches beyond the edge of defects. All patches shall be of the same compound and thickness as the geomembrane specified. All patches shall have their top edge beveled with an angle grinder prior to placement on the geomembrane. Patches shall be applied using approved methods only. C. Restart/Reseaming Procedures 1) The welding process shall restart by grinding the existing seam and rewelding a new seam. Welding shall commence where the grinding started and must overlap the previous seam by at least 2 inches. Reseaming over an existing seam without regrinding shall not be permitted. d. Verification of Repairs 1) Each repair shall be non-destructively tested. Repairs that pass the non-destructive test shall be taken as an indication of an adequate 01276212 GEOMEMBRANE LINER 02245 - 11 02/12 repair. Failed tests indicate that the repair shall be repeated and retested until passing test results are achieved. 3.4 GEOMEMBRANE ACCEPTANCE A. The Installer shall retain all ownership and responsibility for the geomembrane until acceptance by the Owner. The surface of the geomembrane shall not have striations, roughness, pinholes, or bubbles and shall be free of holes, blisters, undispersed raw materials, or any contamination by foreign matter; except that if in the opinion of the Engineer the blemish will not adversely affect properties and use of the geomembrane, the Engineer may accept the geomembrane after sufficient laboratory test data are provided to support such acceptance, and further, provided all such testing is done at the sole expense of the Installer. B. The geomembrane liner shall be accepted by the Owner when all of the following conditions are met: 1. Installation is finished. 2. Verification of the adequacy of all field seams and repairs, including associated testing, is complete. 3. Written certification, including "as built" drawing(s), is provided by the Installer to the Engineer. 4. Documentation of completed installation, including all reports is complete, if applicable. END OF SECTION 01276212 GEOMEMBRANE LINER 02245 - 12 02/12 APPENDIX A IRRIGATION POND LINER CONSTRUCTION PLAN SHEETS tj j .----, 7---, ;-- --� -- cc W a U otf OF ti t R. MATT««.«« �Y 92189 v ,�� a Qc.�s�f. J d i' fubbock r[i�s EADOWBROOK XF COURSE MTM POND M CONSTPAonON u■ [3 ■ T A s F31475 1 I -- n A:Zi i I i I 3:1 13145 3145 23U LEGEND 3:1 ANCHOR TRENCH ---- --- --- --- --- --- --- GRADE BREAK —OHE 3Ho— EXISTING OVERHEAD ELECTRIC EXISTING FENCE w---M EXISTING WATER LINE SLOPE INDICATOR e 3145 SPOT ELEVATION N i 0 30 60 C1/C-501 (TYP.) NOTES: 1. HORIZONTAL AND VERTICAL DIMENSIONS ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO COMMENCING WORK. 2. CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS OF EXISTING UTILITIES PRIOR TO COMMENCING WORK, EXCAVATION, OR TRENCHING. UTILITIES DAMAGED BY THE CONTRACTOR DURING EXCAVATION SHALL BE REPAIRED AT THE CONTRACTOR'S EXPENSE. cc w ao e O U ea Cp cPt.•�.OF t�'sl��c+ N R'MATT DYER• 92189 0.:��� a. Q thbock ,Ms MEADOWBROOK GOLF COURSE IRRIGATION POND LINER CONSTRUCTION 001 MU CFAL DM 70403 eS M p � fes ollm saY 1R16} A. LAYOUT PLAN C-1 01 �''1 -, -- _ __ ; D W IL IT18 3/16" x 2" SS304 BATTEN STRAP di STAINLESS NEOPRENE GASKET ESN & COOP = t STEEL NUT BY GSE OR APPROVED EQUAL 5�� �E oa y= tP IN 11 1c, "ti,,t0 36' STAINLESS WASHER ISOBUTYLENE MASTOMERIC fr••"'� 11, N rr� *• .*1 P-1 ELEV. 3157 TAPE Q'SO INC. Q207 6D LINER a�«««»••»»•»»•••••»«*JJ `� a i i OR APPROVED EQUAL rtaurrovER ¢ 92189 a��s a E N llll` 3 a. • .. ~ a TYPICAL ANCHOR 02/16/12 TRENCH PREPARED 3/8"f x 3 �/4' HILTI KB TZ DE ?� SS304 EXPANSION ANCHOR AS SPECIFIED AS SPECIFIED ELEV. 3145 BOLT 6" O.C. ADJUST ANCHOR BOLT � 'iOCI' LENGTH TO ATTAIN 3" MIN. l u 1� EMBEDMENT TEXAS TYPICAL SLOPE SECTION C DETAIL MEADOWBROOK SCALE 1"= 1U �5 NOT TO SCALE GOLF COURSE NOTES: WOUT10N POND uMM CONSTAUCnON 1. HORIZONTAL AND VERTICAL DIMENSIONS ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO COMMENCING WORK OW wuaw owu� uewcK'mou NOTE: 3/8" x33-3/4" HILTI 1. LINER SHALL BE ANCHORED KB-TZ SS304 STAINLESS TO PERIMETER OF SUMP 3/16" x 2" SS304 STEEL EXPANSION ANCHOR ON ALL SIDES. STAINLESS STEE6" CC BATTEN STRAP L EXISTING 18" SUCTION ,-#4-12" CCEW ELEV.3157 H BACK FILL 2' TEXTURED C COMPACTED GEOMEMBRANE AS SPECIFIED (7 5 2' Yp PREPARED SUBBRADE AS SPECIFIED A� TYPICAL ANCHOR TRENCH 1"= 6,4r D510501 11.51 1~ 6' ~ I 1.5' T� A3 EXISTING CONCRETE SUMP scALE:1 • = r o aT mo POND DETALS C-501 I PAGE INTENTIONALLY LEFT BLANK