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HomeMy WebLinkAboutResolution - 2012-R0316 - Contract - Advanced Communications USA Inc.- 8 Inch Water Line Change - 08_23_2012 (3)Resolution No. 2012—RO316 August 23, 2012 Item No. 5.7 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. 10643 for an 8 inch water line change on Buddy Holly Avenue from 1 g`h Street to 23rd Street, by and between the City of Lubbock and Advanced Communications USA, Inc., 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 August 23, 2012 KAREN GIBSON, MAYOR PRO TF.\1 ATTEST: VReelGarza, City Secretary ,APPROVED AS TO CONTENT: IIA Marsha Reed, P.E., Chief Operaling Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdoes/RES.Contract-Advanced Communications August 7, 2012 city of bock T¢xas ADDENDUM #1 6" Water Line Change Out in Buddy Holly Avenue from 18'b Street to 23'd Street ITB 12-10643-CI l DATE ISSUED: June 28, 2012 CLOSE DATE & T1ME: July 12, 2012 @ 3:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. ( Bidders are invited to review the following: 1. The Engineers' Addendum No. 1 is attached. 2. The Bid Form has been revised. The revised Bid Form is attached to this addendum and must be submitted with the bid. City of Lubbock Corey Isaacs Buyer P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to cisaacs(a,mylubbock.us THANK YOU, 47"aaa Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Director of Purchasing & Contract Management if any language, requirements, etc- or any combinations thereof. inadvertently restricts or limits the requirements stated in this YM to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. flubb'ock 6" WATER LINE CHANGE OUT IN BUDDY HOLLY AVENUE FROM 18M STREET TO 23RD ADDENDUM NO. 1 This Addendum No. 1 consists of pages AD 1-1 and AD 1-2 which are to be included in the Contract Documents. SPECIFICATIONS SECTION 01010 SUMMARY OF WORK (1.3) Added Section E which reads "E. A maximum of 500 feet of trench open at a time." BID TAB ITEM 7 Changed Bid Section to read "7 Furnish and install 4 — 8x6 Tee as herein specified...." Changed the quantity and units to read " 700 LBS" ALTERNATE 5a Changed Bid Section to read "5a Furnish and install 8" Certain Teed C900 RJ or approved equal water pipe by bore, including all equipment, tools, and labor to perform work." ACKNOWLEDGEMENT BY BIDDERS may..••• ••.qs �f Each bidder is required to acknowledge receipt of Addendum No.1 �,� = •' *� 0HN TURPIN i. 96600 ,... June 27, 2012 City of Lubbock 1210012- P 0 Box 2000 ■ 1625.13t' Street ■ Lubbock, TX 79457 • 806.775.2000 ■ Citizen Call Center. 3-1-1 ■ www.mylubbock.us 1.3 PROJECT DESCRIPTION A. The purpose of this project is to replace existing 6 inch water line along Buddy Holly Ave, from 18'h St. to 23`d St. in Lubbock, TX. B. Major work items are: (1) install new 8" C-900 DR-18 water line and install two fire hydrants. (2) Bore under 190' Street with Steel Encasement for water line. (3) Reconnect existing services. (4) Abandon existing line. (5) Repair street to prior conditions. Street south of IVh is brick paving. Salvage existing brick and store on site to be placed back for roadway surface. C. The Contractor shall furnish all labor, equipment, and materials required for the complete construction of the work as shown on the drawings and specified herein. D. All work shall be performed in accordance with the most recent City of Lubbock Design Standards for Water and Sanitary Sewer construction. E. A maximum of 500 feet of trench open at a time. 1.4 Work shall also include restoration or replacement of all removed or damaged pavement, curb, sidewalk, gutter, shrubbery, fence, sod or other disturbed surfaces or structures in a condition equal to that before the work began to the satisfaction of the Engineer. 1.5 PERMITS AND LICENSES A. Contractor shall provide qualifications to the Owner upon request to display evidence of competency and authority to perform required work. B. Contractor shall be responsible for obtaining all required permits. C. Contractor shall submit copies of all permits, licenses, and similar permissions obtained, and receipts for fees paid, to the Owner. 1.6 ACCESS TO SITES A. Contractor shall limit access to the site to authorized personnel only. B. Contractor shall adequately barricaded open excavations and construction material and equipment as to prevent unauthorized personnel from accessing. C. The Owner shall locate and designate all manhole access points open and accessible for the work, and provide rights of access to these points. D. Contractor shall coordinate with the City Solid Waste Services to maintain trash pickup schedules when working with in the alley right of way. 1.7 CONTRACTOR'S USE OF THE PREMISES -' A. The space available to the Contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project, is restricted to the area shown on the site plan of the contract drawings unless the Contractor makes ' arrangements to use additional space with the Owner. Buddy Holly Ave. Water Line Change Out 01010-2 May 2012 PAGE INTENTIONALLY LEFT BLANK BID SUBMITTAL FORM PAGE INTENTIONALLY LEFT BLANK C BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: Addendum No. 1 ITB 12-10643-CI ITB 12-10643-CI, 6" Water Line Change Out in Buddy Holly Avenue from 18'h Street to 23`d Street Bid of (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 6" Water Line Change Out in Buddy Holly Avenue from 18t6 Street to 23'd Street 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 famish 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 DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY PRICE AMOUNT 1 Mobilization - Including Contractor mobilization, LS 1 $ $ insurance, payment bond, performance bond and demobilization. 2 Provide and maintain a Traffic Control Plan - LS 1 $ $ Preparation, approval from COL Traffic Engineering, and all other work considered incidental to this item. 3 Provide and maintain a SWPPP - Including LS 1 $ $ preparation, NOI, NOT, and all other work considered incidental to this item. 4 Trench Safety - Complete and in place. 1,778 LF $ $ 5 Furnish and install 8" C-900 DR-18 approved water 1,778 LF $ $ pipe in open cut trench, backfilled to 95% compaction, and tested as herein specified, including all equipment, tools, and labor to perform work. 6 Furnish and bore 12" steel encasement with spacers as 158 LF $ $ herein specified, including all equipment, tools, and labor to erform work. 7 Furnish and install 4 — 8x6 Tee as herein specified, 700 LBS $ $ including all equipment, tools, and labor to perform work. 8 Furnish and reconnect 3/4' - 2" service lines as herein 11 EA $ $ specified, including all equipment, tools, and labor to perform work. i Addendum No. 1 ITB 12-10643-CI ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTIFY PRICE AMOUNT 9 Furnish and reconnect 2" - 4" fire service line as herein EA 1 $ $ specified, including all equipment, tools, and labor to erform. work. 10 Furnish and install Fire Hydrant and reconnect as EA 2 $ $ herein specified, including all equipment, tools, and labor to perform work. Remove and salvage existing Fire Hydrant. 11 Furnish and install 6" gate valve and box as herein EA 2 $ $ specified, including all equipment, tools, and labor to perform work. 12 Furnish and install 8" gate valve and box as herein EA 4 $ $ specified, including all equipment, tools, and labor to erform work. 13 Cut plug and abandon valve on existing 2" water line EA 2 $ $ as herein specified, including all equipment, tools, and labor to perform work. 14 Flowable backfill as approved, complete and in place CY 100 $ $ Der COLSpecifications. 15 Saw cut and remove existing asphalt paving, including SF 1,600 $ $ all material, equipment and labor to perform removal, disposal and all other work considered incidental to this item. 16 Remove and salvage existing brick pavers, including SF 10,500 $ $ all material, equipment and labor to perform removal, disposal and all other work considered incidental to this item. Brick shall be stored on pallet on site to be laced back for roadway surface. 17 Repair asphalt paving, including all material, SF 1,600 $ $ equipment and labor to perform sub grade compaction and testing. HMAC installation per COL Specifications and all other work considered incidental to this item. 18 Repair brick pavement, including all material, SF 10,500 $ $ equipment and labor to perform sub grade compaction and testing. Concrete installation per COL Specifications and all other work considered incidental to this item. 19 Repair concrete pavement, sidewalk, curb and gutter, SF 40 $ $ including all material, equipment and labor to perform sub grade compaction and testing. HMAC installation per COL Specifications and all other work considered incidental to this item. Total Base Bid (Items 1-19) $ Addendum No. 1 ITB 12-10643-CI ALTERNATE ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY PRICE AMOUNT 4a Trench Safety - Complete and in place. LF 1,620 $ $ 5a Furnish and install 8" Certain Teed C900 RJ or LF 1,620 $ $ approved equal water pipe by bore, including all e ui ment, tools, and labor to perform work. 15a Furnish and install 8" C-900 DR-18 approved water SF 1,800 $ $ pipe by bore, including all equipment, tools, and labor to Perform work. 16a Remove and salvage existing brick pavers, including SF 3,600 $ $ all material, equipment and labor to perform removal, disposal and all other work considered incidental to this item. Brick shall be stored on pallet on site to be laced back for roadway surface. 17a Repair asphalt paving, including all material, SF 1,800 $ $ equipment and labor to perform sub grade compaction and testing. HMAC installation per COL Specifications and all other work considered incidental to this item. 18a Repair brick pavement, including all material, SF 3,600 $ $ equipment and labor to perform sub grade compaction and testing. Concrete installation per COL Specifications and all other work considered incidental to this item. Total Base Bid (Items 4a —18a) $ Bidder's Initials 4 Addendum No. 1 ITB 12-10643-CI t 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 SIXTY (60) CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specifications aiid other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of ONE -HUNDRED DOLLARS ($100) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bidder's Initials Addendum No. 1 ITB 12-10643-CI Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the 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 s 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 Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Telephone: - Fax:- Zip Code FEDERAL TAX ED or SOCIAL SECURITY No. EMAIL: M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 6 PAGE INTENTIONALLY LEFT BLANK of bbock' TEXAS ADDENDUM #2 6" Water Line Change Out in Buddy Holly Avenue from 180' Street to 23rd Street ITB 12-10643-CI 1 DATE ISSUED: July 11, 2012 ORIGINAL CLOSE DATE & TIME: July 12, 2012 @ 3:00 p.m. frf NEW CLOSE DATE & TIlVIE: July 20, 2012 @ 3:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). tl Where any item called for in the ITB documents is supplemented here, the original requirements, not l affected by this addendum, shall remain in effect. Bidders are invited to review the following: 1. The close date for the bid has been extended to Friday, July 20, 2012 at 3:00 P.M. 2. The Bid Form has been revised as follows. The revised Bid Form is attached to this addendum and must be submitted with the bid. 4a (Alternate) has been changed from 1,620 to 150. 15a (Alternate) has been changed to read as follows: Saw cut and remove existing asphalt paving, including all material, equipment and labor to perform removal, disposal and all other work considered incidental to this item. City of Lubbock Corey Isaacs Buyer P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to cisaacs@mylubbock.us THANK YOU, eme# 14"ej Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Director of Purchasing & Contract Management if any languagg, requirements, etc- or any combinations thereof, inadvertently restricts or limits the mquixements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. PAGE INTENTIONALLY LEFT BLANK ti ap.., BID SUBMITTAL FORM Addendum No. 2 ITB 12-10643-CI PAGE INTENTIONALLY LEFT BLANK 11 s BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: Addendum No. 2 ITB 12-10643-CI ITB, 12-10643-CI, 6" Water Line Change Out in Buddy Holly Avenue from 18"h Street to 23`d Street Bid of (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 6" Water Line Change Out in Buddy Holly Avenue from 18`h Street to 23`d Street -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 DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY PRICE AMOUNT 1 Mobilization - Including Contractor mobilization, LS 1 $ $ insurance, payment bond, performance bond and demobilization. 2 Provide and maintain a Traffic Control Plan - LS 1 $ $ Preparation, approval from COL Traffic Engineering, and all other work considered incidental to this item. 3 Provide and maintain a SWPPP - Including LS 1 $ $ preparation, NOI, NOT, and all other work considered incidental to this item. 4 Trench Safety - Complete and in place. 1,778 LF $ $ 5 Furnish and install 8" C-900 DR-18 approved water 1,778 LF $ $ pipe in open cut trench, backfilled to 95% compaction, and tested as herein specified, including all equipment, tools, and labor to perform work. 6 Furnish and bore 12" steel encasement with spacers as 158 LF $ $ herein specified, including all equipment, tools, and labor to perform work. 7 Furnish and install 4 — 8x6 Tee as herein specified, 700 LBS $ $ including all equipment, tools, and labor to perform work. 8 Furnish and reconnect 3/4" - 2" service lines as herein 11 EA $ $ specified, including all equipment, tools, and labor to perform work. Addendum No. 2 ITB 12-10643-CI _! ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY PRICE AMOUNT 9 Furnish and reconnect 2" - 4" fire service line as herein EA 1 $ $ specified, including all equipment, tools, and labor to perform work. 10 Furnish and install Fire Hydrant and reconnect as EA 2 $ $ herein specified, including all equipment, tools, and labor to perform work Remove and salvage existing Fire Hydrant. 11 Furnish and install 6" gate valve and box as herein EA 2 $ $ specified, including all equipment, tools, and labor to erform work. 12 Furnish and install 8" gate valve and box as herein EA 4 $ $ specified, including all equipment, tools, and labor to perform work 13 Cut plug and abandon valve on existing 2" water line EA 2 $ $ as herein specified, including all equipment, tools, and labor to erform work 14 Flowable backfill as approved, complete and in place CY 100 $ $ per COLSpecifications. 15 Saw cut and remove existing asphalt paving, including SF 1,600 $ $ all material, equipment and labor to perform removal, disposal and all other work considered incidental to this item. 16 Remove and salvage existing brick pavers, including SF 10,500 $ $ all material, equipment and labor to perform removal, disposal and all other work considered incidental to this item. Brick shall be stored on pallet on site to be laced back for roadway surface. 17 Repair asphalt paving, including all material, SF 1,600 $ $ equipment and labor to perform sub grade compaction and testing. HMAC installation per COL Specifications and all other work considered incidental to this item. 18 Repair brick pavement, including all material, SF 10,500 $ $ equipment and labor to perform sub grade compaction and testing. Concrete installation per COL Specifications and all other work considered incidental to this item. 19 Repair concrete pavement, sidewalk, curb and gutter, SF 40 $ $ including all material, equipment and labor to perform sub grade compaction and testing. HMAC installation per COL Specifications and all other work considered incidental to this item. Total Base Bid (Items 1-19) $ Addendum No. 2 ITB 12-10643-CI ALTERNATE ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY PRICE AMOUNT 4a Trench Safety - Complete and in place. LF 150 $ $ 5a Furnish and install 8" Certain Teed C900 RJ or LF 1,620 $ $ approved equal water pipe by bore, including all e ui ment, tools, and labor to perform. work. 15a Saw cut and remove existing asphalt paving, including SF 1,800 $ $ all material, equipment and labor to perform removal, disposal and all other work considered incidental to this item. 16a Remove and salvage existing brick pavers, including SF 3,600 $ $ all material, equipment and labor to perform removal, disposal and all other work considered incidental to this item. Brick shall be stored on pallet on site to be laced back for roadway surface. 17a Repair asphalt paving, including all material, SF 1,800 $ $ equipment and labor to perform sub grade compaction and testing. HMAC installation per COL Specifications and all other work considered incidental to this item. 18a Repair brick pavement, including all material, SF 3,600 $ $ equipment and labor to perform sub grade compaction and testing. Concrete installation per COL Specifications and all other work considered incidental to this item. Total Base Bid (Items 4a —18a) $ Bidder's Initials Addendum No. 2 ITB 12-10643-CI 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 SIXTY (60) CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of ONE -HUNDRED DOLLARS ($100) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bidder's Initials Addendum No. 2 ITB 12-10643-CI Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the 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 Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Authorized Signature (Printed or Typed Name) Company Address City, County State Telephone: - Fax: - Zip Code Addenda No. Date FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. Date Addenda No. Date Addenda No. Date EMAIL: M/WBE Firm: Woman Black American Native American Hispanic American I Asian Pacific American Other S eciYL 4-� PAGE INTENTIONALLY LEFT BLANK Contractor Checklist Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original unbound copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken."Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. X Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. X Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. X 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 Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. X Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAXID number or Owner's SOCIAL SECURITYnumber. 8. >( Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. X_ 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. i /9DV/dNC'Eo L01n1nv1✓iCf1Ti0,d5 USA, ?r/ e . (Type or Print Company Name) 2 M1. PAGE INTENTIONALLY LEFT BLANK INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS 3 PAGE INTENTIONALLY LEFT BLANK NOTICE TO BIDDERS ITB 12-10643-CI Sealed bids addressed to Marta Alvarez, Director of Purchasing and 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 PM., CST, on July 12, 2012, or as changed by the issuance of formal addenda to all planholders, to fiunish all labor and materials and perform• all work for the construction of the following described project: 6" Water Line Change Out in Buddy Holly Avenue from 18'h Street to 23rd Street 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 July 12, 2012, and the City of Lubbock City Council will consider the bids on a date to be determined at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all 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. The estimated budget for this project is $225,000. 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 June 26, 2012 at 10:00 A.M., CST., in CM Proiect Room, City Hall. 162513`' Street, Lubbock. Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at www.thereproductioncompany.com. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, 4 FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, [ Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Six 60 days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. 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 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 -bid 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 Marta ACvarez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish 6" Water Line Change Out in Buddy Holly Avenue from 18`h Street to 23`d Street per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 P.M., CST, on July 12, 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 #12-10643-CI, 6" Water Line Change Out in Buddy Holly Avenue from 18`h Street to 23`d Street" 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 and 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 2.1 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 at 10:00 A.M., CST, on June 26, 2012 in CM Proiect Room 203, City Hall, 162513`h Street. Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 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 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 up blic 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 available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original ITB. 6 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. 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. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 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. 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 charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQMEMENTS 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 anv language. requirements. etc.. or anv combinations thereof inadvertently restricts or limits the requirements. stated in this ITB 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. r 3 Corey Isaacs, Buyer City of Lubbock Purchasing and Contract Management Office 1625 131h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: cisaacs@mylubbockus Bidsync: www.bidsvnc.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within sixty ,_ (60) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to 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 U to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the U 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. r� 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 (� 9 r data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, -- result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to 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 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. ' (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, gg conduits or other underground structures which might or could be damaged by Contractor during the 1 construction of the project contemplated by these contract documents. The City of Lubbock agrees that it L J 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 i 10 contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES ' The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful 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. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AND THE ENGINEER AS A PRIMARY ADDITIONAL INSURED i , AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF _ 11 r � f, E, 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 E , SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 26 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 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 ($60) 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. 12 r� 28 29 30 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. 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 furnishes 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. 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 29.3.2 Bid for 12-10643-CI, 6" Water Line Change Out in Buddy Holly Avenue from 18th Street to 23'd Street." 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. 29.5 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. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 13 31 OUALIFICATIONS 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 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 BIDAWARD 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 Items 1 through 19 plus the sum of any Alternate Bids or Options 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, 14 AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS g SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 32.7 The estimated budget for this project is $225,000. 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 Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 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: hM?://www.wdol.ggv 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. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($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. i E, __ 15 I BID SUBMITTAL FORM t.9 PAGE INTENTIONALLY LEFT BLANK Is Addendum No. 2 ITB 12-10643-CI BID SUBMITTAL FORM UNIT PRICE BID CONTRACT July 18, 2012 DATE: ITB 12-10643-CI, 6" Water Line Change Out in Buddy Holly Avenue from 18'° Street to 23rd Street Bid of ADVANCED COMMUNICATIONS USA, 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 6" Water Line Change Out in Buddy Holly Avenue from 181e Street to 23`d Street 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 DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY PRICE AMOUNT 1 Mobilization - Including Contractor mobilization, LS 1 $ $ insurance, payment bond, performance bond and demobilization. 7650.00 7650.00 2 Provide and maintain a Traffic Control Plan - LS 1 $ $ Preparation, approval from COL Traffic Engineering, and all other work considered incidental to this item. 150.00 150.00 3 Provide and maintain a SWPPP - Including LS 1 $ $ preparation, NOI, NOT, and all other work considered incidental to this item. 900.00 900.00 4 Trench Safety - Complete and in place. 1,778 LF $ $ , oo 5334.00 5 Furnish and install 8" C-900 DR-18 approved water 1,778 LF $ $ pipe in open cut trench, backfilled to 95% compaction, and tested as herein specified, including all equipment, tools, and labor to perform work. 28.76 51, 135.28 6 Furnish and bore 12" steel encasement with spacers as 158 LF $ $ herein specified, including all equipment, tools, and labor to erform work. 183.69 29, 023.02 7 Furnish and install 4 — 8x6 Tee as herein specified, 700 LBS $ $ including all equipment, tools, and labor to perform work. 5.36 3752.00 8 Furnish and reconnect 3/4" - 2" service lines as herein 1 I EA $ $ specified, including all equipment, tools, and labor to erform work. 452.46 4977.06 2 Addendum No. 2 1TB 12-10643-Cl ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY PRICE AMOUNT 9 Furnish and reconnect 2" - 4" fire service line as herein EA 1 $ $ specified, including all equipment, tools, and labor to perform work. 1 944.43 944.43 10 Furnish and install Fire Hydrant and reconnect as EA 2 $ $ herein specified, including all equipment, tools, and labor to perform work. Remove and salvage existing Fire Hydrant. 3797.66 7595.32 11 Furnish and install 6" gate valve and box as herein EA 2 $ $ specified, including all equipment, tools, and labor to perform work. 1367.34 2734.68 12 Furnish and install 8" gate valve and box as herein EA 4 $ $ specified, including all equipment, tools, and labor to perform work. 1146.49 4585.96 13 Cut plug and abandon valve on existing 2" water line EA 2 $ $ as herein specified, including all equipment, tools, and labor to erform work. 600.00 1200.00 14 Flowable backfill as approved, complete and in place CY 100 $ $ er COLSpecifications. 1.00 100.00 15 Saw cut and remove existing asphalt paving, including SF 1,600 $ $ all material, equipment and labor to perform removal, disposal and all other work considered incidental to this item. 2.25 3600.00 16 Remove and salvage existing brick pavers, including SF 10,500 $ $ all material, equipment and labor to perform removal, disposal and all other work considered incidental to this item. Brick shall be stored on pallet on site to be laced back for roadway surface. 1.50 15, 750.00 17 Repair asphalt paving, including all material, SF 1,600 $ $ equipment and labor to perform sub grade compaction and testing. HMAC installation per COL Specifications and all other work considered incidental to this item. 6.00 9600.00 18 Repair brick pavement, including all material, SF 10,500 $ $ equipment and labor to perform sub grade compaction and testing. Concrete installation per COL Specifications and all other work considered incidental to this item. 2.25 23,625.00 19 Repair concrete pavement, sidewalk, curb and gutter, SF 40 $ $ including all material, equipment and labor to perform sub grade compaction and testing. HMAC installation per COL Specifications and all other work considered incidental to this item. 5.00 200.00 Total Base Bid (Items l -19) $ 172,856.75 3 f__, Addendum No. 2 ITB 12-10643-CI 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 SIXTY (60) CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of ONE -HUNDRED DOLLARS ($100) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bidder's Initials Addendum No. 2 ITB 12-10643-CI Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of one hundred thirty nine thousand four hundred forty four and 20/Dollars ($ 139,444.20 ),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. (Seal if Bidder is a Corporation) ATTEST: Secretary yle M. Hall Bidder acknowledges receipt of the following addenda: Date: 'L Authorized Signature Kevin D. McClelland (Printed or Typed Name) ADVANCED COMMUNICATIONS USA, INC Company 2400 44TH STREET Address LUBBOCK LUBBOCK City, County TEXAS 79412 State Zip Code Telephone: 817 _ 988 3091 Fax: 817 888 3095 Addenda No. ONE Date 7 /i B/i2 FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. Tt Date 27-3900091 Addenda No. Date Addenda No. Date EMAIL: MNILSON®NEXLINKGS.COM M/WBE Firm: Woman Black American Native American Hispanic American I I Asian Pacific American Other (Specify) 6 RESOLUTION Of INCORPORATOR Of ADVANCED COMMUNICATIONS USA, INC. The undersigned, being the sole Incorporator of Advanced Communications USA, Inc., a Delaware corporation (the "Corporation"), waives any and all statutory or common law notice requirements, including but not limited to 8 Del. C. §108(b) and appears at the organization meeting of the Corporation and does hereby consent to, adopt, authorize, and approve the following resolutions and the actions set forth herein, and directs that this Resolution be filed and maintained with the minutes of proceedings of the stockholders: RESOLVED, that the Corporation adopt the original bylaws as set forth in the Bylaws of Advanced Communications USA, Inc. attached hereto as Exhibit A. RESOLVED, that by election of the sole Incorporator, the following shall serve as directors on the Corporation's initial board of directors: Scott Lockhead; C. Scott Hisey; and Ron Lejman. RESOLVED, that by election of the sole Incorporator, the following shall serve as Chairman of the Board of Directors: C. Scott Hisey. RESOLVED, that by election of the sole Incorporator, the following shall serve as President of the Corporation: Scott Lockhead. RESOLVED, that by election of the sole Incorporator, the following shall serve as Treasurer of the Corporation: Ron Lejman. RESOLVED, that by election of the sole Incorporator, the following shall serve as Secretary of the Corporation: Kyle M. Hall. RESOLVED, that by election of the sole Incorporator, the following shall serve as Assistant Treasurer of the Corporation: Kevin McClelland. RESOLVED, that with the execution of this Resolution, the powers of the Incorporator shall terminate. IN WITNESS WHEREOF, the undersigned, being the sole incorporator of the Corporation, has executed and delivered to the Corporation this Resolution as of the 22^d day of October, 2010. Advanced INC. �-AIA Document A310T"" .2010 Bid Bond CONTRACTOR: (Nance, legal status and address) ADVANCED COMMUNICATIONS USA, INC 2833 South Cravens Road Fort Worth, TX 76119 OWNER: (Mane, legal status and address) CITY OF LUBBOCK, TX SURETY: (Name, legal status and principal place of business) THE HANOVER INSURANCE COMPANY 440 Lincoln Street Worcester, MA 01653 This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. 1625 13th St., Room 204, Lubbock, TX 79401 Any singular reference to Contractor, Surety, Owner or BOND AMOUNT' Five percent of amount bid. other party shall be considered (5% of Amount Bid) plural where applicable. PROJECT: (Name, location or address, and Project number, if any) 6" Water Line Change Out In Buddy Holly Avenue from 18th Street to 23rd Street - ITS# Project Number, if any: 91007 12-10643-C1; Contract# 10643; Project #91007 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Boni, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specked in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been f miished to comply with a statutory or other legal requirement in the location of the Project; any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When $o furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and seajed this 2nd day of July, 2012 ADVANCED COMMUNICATIONS USA, INC. l0/4 (Title) THE HM Elizabeth Marrero AIA Document A3101" — 2010. Copyright 0 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. ll(-D -5• I CJ,1gRA) n Fact THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a Corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Adrienne Seaford, Rosemarie Capon[, Wayne G. McVaugh, Richard A. Jacobus, Sandra E. Bronson, Elizabeth Marrero, Maureen McNeill, Annette Leuschner and/or Darella E. White of Philadelphia, PA and each Is a true and lawful Ado rney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filed in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and Noll00 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fad may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Moe President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seat of the Company. Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Comparq , Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE. COMPANY, MASSACHUSE17S BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22"d day of February, 2010. THE HANOVER INSURANCE COMPANY MASSACHUSEtTSSAY INSURANCE COMPANY ��wmmw, CrrlZP SURANCE COMB Y OF AMERiCA SA41` Mary Jeanne Ald,00n, V ce Pre 'de t Robert K. Drennan, Assistan ca President r, 1 s THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. L On this 22"d day of February 2010., before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and ( j their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. alb) • Cranpnr,ildtAlr �rjf�i„i}� C• My commission expires on November 3, 2011 f, the undersigned Assistant Vice Prpsldent of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance ' 1 Company of America, hereby certify that the above and foregoing is a full, true and Correct copy of the Original Power of Attorney issued by said IL jl Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and I executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay insurance Company; Adopted September 7, 2001 - } Citizens Insurance Company of America) J n GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this, day of r,, y 20 % r THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITWSINSU CECO ANY OF ERICA Step 8rau1, ssfst Pre t L Ttrc The Ie Company 1 440 Lincoln Street, Worcester, MA 01653 a—,-k,HHanover. anover Citizens Insurance Company of America 1645 West Grand River Avenue, Howell, M1 4M3 InsuraRCe G[Oup_ Massachusetts Bay Insurance Comparry 1440 Lincon Street, Worcester, MA 01653 Financial Statement The Hanover Insurance Company, Bedford, New Hampshire Financial Statement as of December 31, 2011 ASSETS 2011 Cash in Banks (Including Short -Term Investments).................................................................... $ 24,406,790 Bondsand Stocks................................................................................................................... $ 4,168,059,643 OtherAdmitted Assets.......................................................................................................... $ 1,096,119,264 Total Admitted Assets............................................................................................... $ 5,288,585,697 LIABILITIES, CAPITAL AND SURPLUS Reservefor Unearned Premiums................................................................................................. $ 1,226,423,542 Reservefor Loss and Loss Expense........................................................................................ $ 1,902,741,199 Reservefor Taxes................................................................................................................ $ - Funds held under reinsurance treaties.................................................................................... $ 2,272,380 Reserve for all other liabilities............................................................................................... $ 578,873,269 Capital Stock — $1.00 par ................................................. $ 5,000,000 Net Surplus............................................................... 1 1,573,275,307 Policyholders' Surplus........................................................................................................... $ 1,578,275,307 Total Liabilities, Capital and Surplus....................................................................................... $ 5,288,585,697 COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER I s.s.: Martin D. Kelly, Asst. Treasurer of The Hanover Insurance Company, being duly sworn deposes and says that he is the above described officer of said Company, and certifies that the foregoing statement is a true statement of the condition and affairs of the said Company on December 31, 2011. MARTIN D. KELLY Asst. Treasurer IMPORTANT NOTICE To obtain information or make a complaint: You may call Hanover insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-608-8141 You may also write: Hanover Insurance Company Premier Place Suite 850 5910 North Central Expressway Dallas. Texas 75206 You may contact the Texas Department of Insurance to obtain Information on companies, coverages, rights or complaints at 1-800-252.3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. if the dispute is not .resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar at numbero de telefono gratis de Hanover Insurance Company para informacion or para someter una queja at: 1-800-608-8141 Usted tambien puede escribir: Hanover Insurance Company Premier Place Suite 850 5910 North Central Expressway Dallas, Texas 75206 Puede communicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas at 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, Texas 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us DISPUTAS SORRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reciamo, debe comunicarse con el agente o la companla primero. SI no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de informacion y n se convierte en parte o condicion del documento adjunto. 11ir Hanover- lnsurince Group* 221-4828 (7-07) CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder Must be submitted with Bid I, the undersigned Bidder, 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. RONALD J. LEJMAN, CHIEF FINANCIAL OFFICER & TREASURER tractor (Ori Si ature) Contractor (Print) CONTRACTOR'S BUSINESS NAME: ADVANCED COMMUNICATIONS USA, INC (Print or Type) CONTRACTOR'S FIRM ADDRESS: 2400 44TH STREET SUITE 123, LUBBOCK TEXAS 79412 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 Office for the City of Lubbock at (806) 775-2572. BID # 12-10643-CI - 6" Water Line Change Out in Buddy Holly Avenue from 181h Street to 23'd Street PAGE INTENTIONALLY LEFT BLANK 3 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. C. 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 PAGE INTENTIONALLY LEFT BLANK 1 �i UESTION TWO 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 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 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 omissipns may cause my bid to be rejected. d V. Leiman Chief Financial Officer & Treasurer Title 61 • r 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 $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 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 $50,000 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: ADVANCED COMMUNICATIONS USA, INC FEDERAL TAX ID or SOCIALOSECUNo. 27-3900091 Signature of Company Official:Printed name of company official anal J. Lejman, CFO & Treasurer Date Signed: 6 i� LIST OF SUB -CONTRACTORS 1 PAGE INTENTIONALLY LEFT BLANK BID # 12-10643-CI - 6" Water Line Change Out in Buddy Holly Avenue from 181h Street to 23'd Street Company Name 1. EASY CONSTRUCTION 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. LIST OF SUB CONTRACTORS Minority Owned Location Services Provided Yes No FT WORTH •EXCAVATION AND PAVING ❑ [ ❑ ❑ Company ADVANCED COMMUNICATIONS USA, INC Address 2400 44TH ST STE 123 LUBBOCK City, County LUBBOCK, TEXAS 79412 State Zip Code Telephone: 817 - 888 3091 Fax: 817 888 3095 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO r� PAGE INTENTIONALLY LEFT BLANK FINAL LIST OF SUB -CONTRACTORS PAGE INTENTIONALLY LEFT BLANK BID # 12-10643-CI - 6" Water Line Change Out in Buddy Holly Avenue from 18"' Street to 23`d Street Company Name 1. EASY CONSTRUCTION 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. FINAL LIST OF SUB CONTRACTORS Location Services Provided DALLAS, TX EXCAVATION, PAVING Company ADVANCED COMMUNICATIONS USA, INC Address 2400 44TH ST STE 123 LUBBOCK City, County TEXAS 79412 State Zip Code Telephone: 817 - 8883091 Fax: 817 - 8883095 Minority Owned Yes No ❑ dC ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO. 4 PAGE INTENTIONALLY LEFT BLANK \/ L J f r I 0 PAYMENT BOND PAGE INTENTIONALLY LEFT BLANK Bond No. 1935699 STATT.."PORY PAYMENT BONDTURS1141NITTO SECTTON2253.021(a) OF THIR, TEXAR, (C 0 -1\3 TR A CTS M O.R. R T 14A N 50, 0 0 0) Advanced Communications USA, Inc. EPRESENT �hat as Pr,- u ncipall mid The Hanover Insurance CqManv -------------- ...... Called Vat. Sumyr(s)' as stuety(s), am hold awl flimilly bound urito the City (11(zoj7gg callad, ltlho O"bligee", 401: tlb.e axamin't of SeyoKity-Twa Thoo-u3ud' }`ifft'Y-SAX DfAiwm. awl Seyenty-Mw Cullme lawful money of tbx Unit Stafe-11; 17or pkynrienit, %6mrecf, 3pid. :Pri6ndpaf &n.d Sumpy bind lzhomsseh"'e;'o' 3i flu"ir ad s, ademkniOntor.3, o-o6tor$� amd assi" , -0-filtiv and xfrrur ally fnc;Pn-acipal *tl---,q euer:ed i"I'M a wiqh the Oblizee.; dated "11he 2 St fS-ct8� ................. -- .......... .......... . . .... . .................. ......... ................ ......... ............................... ............. 6" Water Line Chajjgq.Qqt-i Buddy Holly nue from 18th Street to 23rd Street - ITB# 12-10643-Cl ... . ...... .......... ............ ... Street ........ ........... . .......... - '.uad 'mid Punuipal :awY'&r taw i-, r'.tCpA -bd`Ov'- co-m"memuing d-w inakil tu C;xcv- ite a br. -V -1i'd,,t L nirac'i com. ot is hu-6v mP;mto and ma -le. p har - f "am; -'Icu�wornoxor rml.s' ls sur-J, L ffiml if Che'sak" princ]?a: pay ail Claimaults 1.bo- aadI I to Lli-n r a sul."C"ontractoin. tbo' of Ox, work p%,-emcied for insaid controa, then, this obligadmalskallbe offienvise to romaLn. M ffill firme and effeet" -C-t.ovv- 1-!, , umt thiis bond -),s- eyo(nuu."d Puysuaan.t to t"m provisions,ofSimfikma 2.253.021(a', of the T'm'-s Grivemylimit %'CoAo, and aJI lipbiijhlic$ m Usband shitl by dv-.emImd ju wid., 0110 orovisums of salld Artic-le, to i-f et wcre. niopied. 4'(A.Onp'£kx h f 6a. 11IN1 wj'1'1'jj2S's "'MURFMOF, flho smd Prhnelpal (s), and Shirey have. siped and lbs ibSOMICAlt fbis -1th eiq olf__September ........ 12, The Hanover Insurance Company_ 't � Wa-yyAneG. --c aZg1hi.. Attorney -in -Fact 6 Advanced Conummications USA, Inc. (Cau any )p y . . . . ............ . ... . .. (hiukidl Name) . . ......... . ss1jr - __4627 OMLO No Text Tlwulwasfgxed euety f01-zpgiaw r--'pmi'i-' t3q thas li. quefiliivd to do bushiess iii Tum, and erebv dp oAonRiSmi— �--lh--L J-.-- ar. a n t resident iiiLubb ock Coun. ty -to whorwany rec-pli-sitf. riot Ims may delivered and on �-whom -scmioe or- cess ,xisybc bad ir. mattertzrW-A prt) gich p#evy'61:k The Hanover Insurance Company ............. I ............ :Vli ayne G. McVai Attorney -in -Fa ct A.ppmvo'd ass to fbm: ily-211 ............... City Allmricy Note- if All- OITECO of the., }.welt' Ce-mimy the -ra,--j-hust on Me a -codfi�d. Rxim, due, kv-laws 611.0,46tig- flm thii, bligatim— .-Ifsipmml by an.Attomvy tri ftpt, -we- lamw- s "r-mon bF.s- Vuthorify-tc' Sigm Sul*.- 0. No Text i STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Principal(s), as Principal(s), and (hereinafter called the (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One -Hundred Seventy -Two Thousand Eight -Hundred Fifty -Six Dollars and Seventy -Five Cents ($172,856.75) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 23rd day of August, 2012, to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 2012. Surety (Company Name) *By: By: (Title) (Printed Name) 31 (Signature) (Title) . . 1 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By. (Title) Approved as to form: City of Lubbock 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. 7 PERFORMANCE BOND Pi PAGE INTENTIONALLY LEFT BLANK Bond No. 1935699 ,STAXUTORY PEIRTCY-R-MLNICE1303NID POILSWANT TO 2153,021: &- 0-feFILY-E-TEXAS GOVIEP-MMEN-T CODE �CoTiTX&CTPS YVIORE, THAN $1,00-00, Advanced Communications USA, Inc. YCN 0 W A I LT., MEN -BY-z -wreivallor f-all , Jcxi flm 111-inciml(s), as)FIrl--icipal (sjj and . . ......... -.—....---iheHanover liistiranceCo �ttereirjafft!.- 001k:d thc'�3=!Cy(s), as-, and finna, tho ci-iIvcfffk kb.cromfta chiled tha. _bf., ce) 4n the, of O.A--E*tzln.d'reat fi'iftyFjlx Dcfflfall am1,'3fweiAy--F'--'ve Itc-d Statos. Rv Cie. paymont vi�lcrccff' thp, said prirwinal Md ce3:�t5 (SI 1A, f �I ionty ol ffip' ljn4 biind. Y thermsE.-.1ves, ar>d fliek , SUCAX�,Wrs aaxl- ausigris, ird jo, aOf y &.- i ;s6vorgily ffbmnly by 1-11t.so S I'the RIn,ac-it"al. has Fl-twci ': I 'Onfbnwria.-N-1 co: rpa OL11 dafd t'If. G-d'l.a-v irf ... .................. . . .... ........ .. ........... ............................................................ . 6" Water Line Change Out in Buddy Holly Avenue from 18th Street to 23rd Street - ITB# 12-10643-Cl ............... ............................... . .................. I ........ ...................................... . . . ....................................................................................... . .... . ......................................... and.3a.'k-I prladff' al uxii.kw.' tl'-" law, is i-equiraii Fla--fcwf-. CIXIIMi.'ICMYIP' t.b.- workrit"Ovide'd Rrrill'safd cont-i-cict t."I in arnoin-st ofstild. corm-aot whl:e,-.h is hcrAy rdf..-red to --Mde a -fidlly:anid to tl"sL' 'SKIMg-le WA as if, culpic--d" at jeng J, . � -� I -t-jal, tj)'at ' tbt,� P:-' ipal �S't Now, nn, ojm nu� coNmjoN pF nns -',4m'cj' - 's s if� I'M, M fki-hfI3.R'Y filz -wcv�< it, Paocotdxnce wi&-- the aqd !wn"mar"'t docllrnenfs. ,'ierk this be w-ad" foroc an. c-l-Rk" A I M 'Mr h 'ed piLrstara: to tbe provisi-'61 21 (a PRGV DIED, B --VER' aiat 011k b"YAd is execia ns-of S'ec-ion .2'/"53,-O'H oft.� Govexxma�-,.��,t C'orlte,airid all (-Yo tbis be -.-oil 01"'kaR be, deu;'Tnsil)f�'I in fbC A av�cicwf thesamu oxientas if -if wwx�,- C)i-" the sair', prinobal fsl ands s-" rc�y iia-vc sigrkad aad stated O-rcs (b-'s Rh ,d:ay 20' The Hanover he Company . . ...................... 13, Y Wayne G. McVaugll, Attorney -in -Fact 3 AQdvanced Conmiunications, Inc. ........... ......................... Pit yir ry NIzurc) e'v1x1 '0. %e/-4'�w L) ...................... . ............. .i ............. The Emden€gaed: -surety com. piny repro-euts &A it- is Auly qualified to .cam .In' Ttxas, =4 lmmt y Clw$ 78i£,.qAoji Risk Sennces Southwest mil. agent. r'eSMent in Lubbacr Ulunty t6 'whom, siiyre: vis to not-ess m4y lie Oofi`4$;rLd and. or,i vvh�om s :xai,.E <,T: rs ess may o bid xt.lxfAti = wising out of st,ch sw-ayship, �'!l , iov 'r.I>xsi�ralxce.Cs�mpauy Slsxety 6, Wayne G. cVa gh„ Attorney -in -Fact knproved es to F o: City Yw: ?: Note: i s '&E; I;.P'{ i`y an. of then Sqtwei t:crnparry, illt3le, .;T st be m a cort ifie.:d e) jact :&-o .i $1C by-1 ws ^i'i.t?w'is3g tint thl.9 Person Ilk's aiithon't-1 to ig.t'Stu'll CST U,ga1E .xi. If. JlV.,ed by Mil Attoz wy L'I Tau, w-- imas, have Copy a-rPoyeer o atfolfley fvr In THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Adrienne Seaford, Rosemarie Caponi, Wayne G. McVaugh, Richard A. Jacobus, Sandra E. Bronson, Elizabeth Marrero, Maureen McNeill, Annette Leuschner and/or Darelia E. White of Philadelphia, PA and each is a true and lawful Attomey(syin-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and NoI100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -In -fact of the Company, In its name and as its acts, to execute and acknowledge for and on tts behalf as Surety any and all bonds, recognizance% contracts of Indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 20d day of February, 2010. THE HANOVER INSURANCE COMPANY • MASSACHUSETTS BAY INSURANCE COMPANY CITIZEN �CEIIOMPANYOFAMERICA Mary Jeanne AXde},Fdon, Vice Presjdept Robert K. Grennan, AssistanrGfce President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 22"d day of February 2010., before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. *Wrrum f A coim,oairr� a M C0M*ft araa *-rawc My commission expires on November 3, 2011 I, the undersigned Assistant Vice Prpsident of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct Copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company ofAmerica) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this Li1` N day of S ,CO lerryl Lr , 20J Z THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY Ctl•I S INSU CE CO PANY OF ERICA S.kep 8raulr. ssfstant Ice Pre t IMPORTANT NOTICE To obtain information or make a complaint: You may call Hanover Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-608-8141 You may also write: Hanover Insurance Company Premier Place Suite 850 5910 North Central Expressway Dallas, Texas 75206 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: htty:#Www.tdi.state.tx.us Email: ConsumerProtection @ tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 221-4828 (7-07) 44file 's-,' Hanover tnsurnce Group", AVISO IMPORTANTE Para obtener information o para someter una queja: Usted puede Ilamar a! numbero de telefono gratis de Hanover Insurance Company para informacion or para someter una queja al: 1-800-608-8141 Usted tambien puede escribir: Hanover Insurance Company Premier Place Suite 850 5910 North Central Expressway Dallas, Texas 75206 Puede communicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, Texas 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection @ tdi.state.tx.us DISPUTES SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reciamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el deparamento (TDI). UNA ESTE A VISO A SU POLiZA: Este aviso es solo para proposito de informacion y n se convierte en paste o condition del documento adjunto. gF.. g a STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One -Hundred Seventy -Two Thousand Eight -Hundred Fifty -Six Dollars and Seventy -Five Cents ($172,856.75) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 23rd day of August, 2012, to 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 y 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 _ day of 2012. Surety (Company Name) By, By: (Title) (Printed Name) g (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock 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. 4 CERTIFICATE OF INSURANCE [: Li PAGE INTENTIONALLY LEFT BLANK rl i I L t._ 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 GARAGELIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER SR1SK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESSLIABILIff ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificate furnished must have the City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis, to include product of completed operations endorsement, with a waiver of subrogation in favor of the City of Lubbock on all coverages. PAGE INTENTIONALLY LEFT BLANK CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. /\ (7 � PAGE INTENTIONALLY ]LEFT BLANK � \ ) j - Ij , ! !\ c! REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (1) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - ft with the certificate of coverage to be provided to the person for whom they are providing services. PAGE INTENTIONALLY LEFT BLANK CONTRACT PAGE INTENTIONALLY LEFT BLANK CONTRACT 1.0643 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 23rd day of August, 2012, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Advanced Communications USA Incorporated of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 1.2-1.0643-CI, 6" Water Line Change Out in Buddy Holly Avenue from 181h Street to 23`d Street 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. Advanced Communication USA Incorporated's bid dated July 18, 2012 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the 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: &VAtV-6P (70r5rr AVI eAToyS (15/9, 1IC. By: PRINTED NAME:£ Vim •� . �% Cc Ea cgtll� TITLE: COMPLETE ADDRESS: Company �p✓Ave c l� ��r�vvic►,9?�v.�Sy5f1 Address LtZsTT ,. Surrt s va _.a City, State, Zip $i vE �grzc . PA i95�o?a ATTEST: Corp'orWe Secretary CITY OF LUBBOCK, (OWNER): By: G obe so ,Mayor ATTEST: e cca Garza, City Secretary APPROVED AS TO CONTENT: (1w, ® Q D ohnA T in, Chief Wat f er Uti ` ies Engineer 01 Marsha Reed, P.E., Chief Operations Officer 77! AST FORM: City Attorney PAGE INTENTIONALLY LEFT BLANK GENERAL CONDITIONS OF THE AGREEMENT PAGE INTENTIONALLY LEFT BLANK GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Advanced Communication USA Incorporated 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 John Turyin, P.E.. Chief Water Utilities Engineer, 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 Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to i_ 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". 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. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative 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. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative 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. 2 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and J 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. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment 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. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work 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 4 A 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 Method (B) - By agreed lump sum; or Method (C) If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the 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. 25. 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. 6 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. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Personal & Adv. Injury Contractual Liability WITH XCU ENDORSEMENT WITH HEAVY EQUIPMENT ENDORSEMENT B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, - NOT REQUIRED. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, 1$ ,000,000 Combined Single Limit, Any Auto. D. Builder's Risk Insurance/installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job in the Statutory Amounts. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. S. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and G. (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage' period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: 10 C (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the projec4 regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 .tdi.stateAmus) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; 11 (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its Offices, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material,men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract 12 and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its Offices, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. ME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. 13 If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of ONE -HUNDRED DOLLARS ($100) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. T1ME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except 14 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 fiunished 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 fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its 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 fiunishing 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 finnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS 15 On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of 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 l contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 16 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of - (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for _ under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time 17 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 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 18 ii 50. BONDS The Contractor is required to fiunish 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 furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the p 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 independentcontractorwithrespectto either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If 19 the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 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. 20 DAVIS BACON WAGE DETERAHNATIONS r PAGE INTENTIONALLY LEFT BLANK EXHIBIT A General Decision Number: TX120007 01/06/2012 TX7 Superseded General Decision Number: TX20100008 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 * SUTX2011-002 08/02/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving & Structures) ... $ 13.55 ELECTRICIAN ......................$ 20.96 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 12.36 Structures ..................$ 13.52 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 Reclaimer/Pulverizer........ $ 12.85 Roller, Asphalt .............$ 10.95 Roller, Other ...............$ 10.36 Scraper .....................$ 10.61 Spreader Box ................$ 12.60 Servicer ..........................$ 13.98 Steel Worker (Reinforcing) ....... $ 13.50 TRUCK DRIVER Lowboy -Float ................$ 14.46 Single Axle .................$ 12.74 Single or Tandem Axle Dump..$ 11.33 Tandem Axle Tractor with Semi ........................$ 12.49 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non -Union Identifiers r Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA g indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice -material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. 4 02 11 1.3 VAD Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS PAGE INTENTIONALLY LEFT BLANK CITY OF LUBBOCK BUDDY HOLLY AVE. FROM 18" ST. TO 23rd ST. WATER LINE CHANGE OUT TEXAS TECHNICAL SPECIFICATIONS MAY 2012 J�h TABLE OF CONTENTS CITY OF LUBBOCK BUDDY HOLLY AVE. FROM 18'h ST. TO 23`d ST. WATER LINE CHANGE OUT DMSION 1— GENERAL REQUIREMENTS 01010 Summary of Work--___________________ __—________. _____________ 01019 Contract Considerations----------------____________w__________________1 01028 Change Order Procedures ----------------____________.._------- ___�__________3 01039 Coordination and Meetings--_—___________________�__________—___________2 01140 Work Restrictions -------- —_—----- -------------- _____w___________________3 01300 Submittal Procedures — ----- —__---- --- --__--- ------------ --- _---------- ___4 01310 Progress Schedules —------ —----- __—--- ---_—__------------ ___— ---- _----- ___2 01356 Storm Water Pollution Prevention Plan ----------------- ---------- —----- ---4 01400 Quality Requirements--_____—____—_—_-- -------- — ----- _--- — ------ -- ----- —_4 01410 Testing Laboratory Services—_—w_—_—_______--- --- ________�__—_______3 01555 Barricades, Signs, and Traffic Handling ------------ ------ ---- -------- — ---- 1 01576 Waste Material Disposal 01700 Contract Closeout---_________________________________M________— ------- 2 DMSION 2 — SITE WORK 02200 Demolition, Removal, and Salvaging of Existing Materials 02221 Removing Existing Pavements --- --------- —---- _------ — ----- — ----------- —___2 02240 Dewatering--w---- _....----- _------------------ —--- —--------------- —_—_—_-- ---- 3 02260 Excavation Support and Protection 02317 Excavation and Backfill for Utilities10 02320 Utility Backfill 02665 Water Piping, Valves, and Fittings -------- ---_ ____------ 14 DMSION 3 — CONCRETE 03300 Cast -in -Place Concrete -___________—____ — Buddy Holly Ave. Water Line Change Out Table of Contents May 2012 SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.1 SUMMARY A. This section covers the description of the Work to be completed under these Specifications. B. The OWNER is the City of Lubbock. (1) The Owner's Representative is: John Turpin, P.E. Chief Water Utilities Engineer City of Lubbock O: (806) 775-2342 (2) The Project Manager is: Clint Philpott, E.I.T. Civil Engineering Associate Water Utilities Engineering City of Lubbock O: (806) 775-2346 C. Section includes: (1) Definitions (2) Project description (3) Permits and licenses (4) Access to site (5) Contractor's use of the premises (6) Project schedule (7) Security Procedures (8) Coordination requirements (9) Pre -construction meeting (10) Warranty 1.2 DEFIN ITIONS A. Furnish: To supply products to the project site, including delivering ready for unloading and replacing damaged and rejected products. B. Install: To put products in place in the work ready for the intended use, including unloading, unpacking, handling, storing, assembling, installing, erecting, placing, applying, anchoring, working, finishing, curing, protecting, cleaning, and similar operations. C. Provide: To furnish and install products. D. Indicated: Shown, noted, scheduled, specified, or drawn, somewhere in the contract documents. Buddy Holly Ave. Water Line Change Out 01010-1 May 2012 1.3 PROJECT DESCRIPTION A. The purpose of this project is to replace existing 6 inch water line along Buddy Holly Ave. from 18'5 St. to 23'a St. in Lubbock, TX. B. Major work items are: (1) Install new 8" C-900 DR -IS water line and install two fire hydrants. (2) Bore under 19'h Street with Steel Encasement for water line. (3) Reconnect existing services. (4) Abandon existing line. (5) Repair street to prior conditions. Street south of 19'h is brick paving. Salvage existing brick and store on site to be placed back for roadway surface. C. The Contractor shall furnish all labor, equipment, and materials required for the complete construction of the work as shown on the drawings and specified herein. D. All work shall be performed in accordance with the most recent City of Lubbock Design Standards for Water and Sanitary Sewer construction. 1.4 Work shall also include restoration or replacement of all removed or damaged pavement, curb, sidewalk, gutter, shrubbery, fence, sod or other disturbed surfaces or structures in a condition equal to that before the work began to the satisfaction of the Engineer. 1.5 PERMITS AND LICENSES A. Contractor shall provide qualifications to the Owner upon request to display evidence of competency and authority to perform required work. B. Contractor shall be responsible for obtaining all required permits. C. Contractor shall submit copies of all permits, licenses, and similar permissions obtained, and receipts for fees paid, to the Owner. 1.6 ACCESS TO SITES A. Contractor shall limit access to the site to authorized personnel only. B. Contractor shall adequately barricaded open excavations and construction material and equipment as to prevent unauthorized personnel from accessing. C. The Owner shall locate and designate all manhole access points open and accessible for the work, and provide rights of access to these points. D. Contractor shall coordinate with the City Solid Waste Services to maintain trash pickup schedules when working with in the alley right of way. 1.7 CONTRACTOR'S USE OF THE PREMISES A. The space available to the Contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project, is restricted to the area shown on the site plan of the contract drawings unless the Contractor makes arrangements to use additional space with the Owner. B. The contractor shall ensure that any disturbed area is left in a condition equal to or better condition before finishing construction in the area. Buddy Holly Ave. Water Line Change Out 01010-2 May 2012 a� ........... . ... 1.8 PROJECT SCHEDULE A. The Work summarized above shall be substantially completed within 60 calendar days from the date of the Notice to Proceed. B. There will be a $300.00 per day liquidated damages for each day that exceeds the 60 day limit. C. Within five (5) business days after the date of the Substantial Completion Certificate, the Engineer shall issue a Final Punch List of items to be corrected prior to Final Completion. D. Punch list items shall be complete within 30 calendar days from the date of the Final Punch List. There shall be $100 day liquidated damages assessed for each day that exceeds the 30 day limit. PART 2 PRODUCTS Not used. PART 3 EXECUTION 3.1 SECURITY PROCEDURES A. Contractor shall limit access to the site to persons involved in the work. B. Contractor shall provide secure storage for materials for which the owner has made payments and which are stored on site. C. Contractor shall secure completed work as required to prevent loss or damage. D. Contractor shall secure sites by means of fencing, security guards, or other means to prevent damage, theft, safety hazards, or other problems on the site. E. The use of security personnel shall be cleared with the Owner. 3.2 COORDINATION REQUIREMENTS A. Contractor shall inform the Owner when coordination of the work is required. B. if necessary, inform each party involved, in writing, of procedures required for coordination; include requirements for giving notice, submitting reports, and attending meetings. C. Coordinate shop drawings prepared by separate entities. D. Show installation sequence when necessary for proper installation. 3.3 PRE -CONSTRUCTION MEETING A. A pre -construction meeting will be held at City Hall within ten (10) days of the date of Notice to Proceed and prior to any construction taking place. 3.4 WARRANTY A. Contractor shall warrant 100% of the project for one (1) year after the date of substantial acceptance of the work. B. On the eleventh (11) month from the date of final acceptance, an Owner's representative will schedule an inspection with the presence of the Contractor to inspect for defects and assessment of the work performed. C. Any work that is considered defective by the Owner's representative will be repaired. Buddy Holly Ave. Water Line Change Out 01010-3 May 2012 t D. The Contractor shall remedy any defects in workmanship, and pay for any and all damages of any nature whatsoever resulting in defects at no cost to the Owner. END OF SECTION Buddy Holly Ave. Water Line Change Out 010104 May 2012 SECTION 01019 CONTRACT CONSIDERATIONS PART GENERAL 1.1 SUMMARY A. This section covers the method for the Contractor to request payment for completed work. B. Section includes: (1) Schedule of Values (2) Application for Payment (3) Payment Retainage 1.2 SCHEDULE OF VALUES A. Contractor shall submit a Schedule of Values on Engineer approved Contractor's form within .five (5) days after receiving the bid tabulation. B. Revise schedule to include approved Change Orders, with each Application for Payment. 1.3 APPLICATIONS FOR PAYMENT A. Submit two (2) copies of each application on Engineer approved Contractor's form. B. Utilize Schedule of Values for listing items in Application for Payment. C. Monthly, submit application for payment on or about the 1 Oth day of each month. D. Include an updated construction progress schedule, materials received, and manifest with each Application for Payment E. Submit the following along with the application for final payment: (1) The documentation for the completed project. (2) Signed affidavit from a Notary Public that all claims on this job have been settled and that all bills owed by the Contractor for the project including materials and labor have been paid. (3) One (1) year Contractor Warranty for work performed, signed and sealed by a Notary Public. 1.4 PAYMENT RETAINAGE A. The Owner will retain five (5) percent of each payment. B. Retainage will be released as final payment, upon completion of the Final Punch List. PART PRODUCTS Not used. PART 3 EXECUTION Not used END OF SECTION Buddy Holly Ave. Water Line Change Out 01019-1 May 2012 SECTION 01028 CHANGE ORDER PROCEDURES PART1 GENERAL 1.1 SUMMARY A. This section covers the procedures to be followed for a change in Contract price or time. B. Section Includes: (1) Submittals (2) Documentation Of Change In Contract Sum/Price And Contract Time (3) Change Procedures (4) Construction Change Authorization (5) Stipulated Price Change Order (6) Unit Price Change Order (7) Time And Material Change Order (8) Execution Of Change Orders (9) Correlation Of Contractor Submittals 1.2 SUBMITTALS A. Submit the name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. B. Change Order Forms. 1.3 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Contractor shall maintain detailed records of work done on a time and material basis. B. Provide full information required for evaluation of proposed changes and to substantiate costs of changes in the Work. C. Document each quotation for a change in a cost or time with sufficient data to allow evaluation of the quotation. D. On request, provide additional data to support computations, including but not limited to: (1) Quantities of products, labor, and equipment. (2) Taxes, insurance, and bonds. (3) Overhead and profit. (4) Justification for any change in Contract Time. (5) Credit for deletions from Contract, similarly documented. E. Support each claim for additional costs, and for work done on a time and material basis, with additional information: (1) Origin and date of claim. (2) Dates and times work was performed, and by whom. (3) Time records and wage rates paid. (4) Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.4 CHANGE PROCEDURES Buddy Holly Ave. Water Line Change Out 01028-1 May 2012 A. Changes to Contract Sum/Price or Contract Time can only be made by issuance of an official Construction Change Authorization or Contract Change Order. Discussions in the field or by phone or email, without proper documentation, do not authorize Contractor to perform tasks outside the scope of Work. Changes must be authorized as described in this Section. B. The Engineer will advise of minor changes'in the Work not involving an adjustment to Contract Sum/Price or Contract Time as authorized by the Contract by issuing supplemental instructions by letter. C. The Engineer may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and Specifications. The Contractor shall prepare and submit an estimate within seven (7) days, or as specified in the Proposal Request. Estimate shall include the proposed change's full effect on the Work and the effect on the Contract Sum/Price and Contract Time, with full documentation and a statement describing the effect on Work by separate or other contractors. D. The Contractor may request clarification of Drawings, Specifications, or Contract documents or other information by submitting a Request for Information to the Engineer. Engineer may request a Proposal Request in response to a Request for Information. 1.5 CONSTRUCTION CHANGE AUTHORIZATION A. The Engineer may issue a document, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work, and will designate the method of determining any change in Contract Sum/PXice or Contract Time. C. The Contractor shall promptly execute the change in the Work. 1.6 STIPULATED PRICE CHANGE ORDER A. Based on accepted Proposal Request. 1.7 UNIT PRICE CHANGE ORDER A. For pre -determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Construction Change Authorization. C. Changes in Contract Sum/Price or Contract Time will be computed as specified for Time and Material Change Order. 1.8 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B. The Engineer will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 1.9 EXECUTION OF CHANGE ORDERS A. The Engineer will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. L I0 CORRELATION OF CONTRACTOR SUBMITTALS Buddy Holly Ave. Water Line Change Out 01028-2 May 2012 A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum/Price. B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub - schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. PART 2 PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION Buddy Holly Ave. Water Line Change Out 01028-3 May 2012 SECTION 01039 COORDINATION AND MEETINGS PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Coordination (2) Field Engineering (3) Pre -Construction Meeting (4) Progress Meetings 1.4 COORDINATION A. Coordinate scheduling; submittals, and Work of the various Sections of the Project to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and cleanup of Work of separate Sections in preparation for Substantial Completion. C. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.5 FIELD ENGINEERING A. Locate and protect survey control and reference points. B. Verify set -backs and easements; confirm drawing dimensions, and elevations. C. Provide field engineering services. D. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. E. Submit a copy of registered site drawing and certificate signed by Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. 1.6 PRE -CONSTRUCTION MEETING A. Schedule meeting within ten (10) days of date of Notice to Proceed. B. Procedures and processing of field decisions, submittals, and substitutions, applications for payments, RFIs, proposal request, Change Orders and Contract closeout procedures. C. Tentative agenda: (1) Use of premises by Owner and Contractor. (2) Distribution of executed Contract Documents. (3) Submission of list of Subcontractors, list of products and progress schedule. (4) Designation of personnel representing the parties in Contract and the Engineer. (5) Owner's requirements. (6) Construction facilities and controls provided by Owner. (7) Survey and layout. (8) Security and housekeeping procedures. (9) Schedules. (10) Procedures for testing. (11) Procedures for maintaining record documents. (12) Inspection and acceptance of products put into service during construction period. Buddy Holly Ave. Water Line Change Out 01039-1 May 2012 D. Record minutes and distribute copies within five (5) days after meeting to Engineer, participants, and those affected by decisions made. 1.7 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at minimum monthly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer, as appropriate to agenda topics for each meeting. D. Tentative agenda: (1) Review minutes of previous meetings. (2) Review of Work progress. (3) Field observations, problems, and decisions. (4) Identification of problems which impede planned progress. (5) Review of submittals schedule and status of submittals. (6) Review of off -site fabrication and delivery schedules. (7) Maintenance of progress schedule. (8) Corrective measures to regain projected schedules. (9) Planned progress during succeeding work period. (10) Coordination of projected progress. (11) Maintenance of quality and work standards. (12) Effect of proposed changes on progress schedule and coordination. (13) Other business related to Work. E. Record minutes and distribute copies within five (5) days after meeting to Engineer, participants, and those affected by decisions made. PART PRODUCTS Not used PART 3 EXECUTION Note used END OF SECTION Buddy Holly Ave. Water Line Change Out 01039-2 May 2012 SECTION 01140 WORK RESTRICTIONS PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Use Of Premises (2) Special Scheduling Requirements (3) Working Period (4) Utility Cutovers And Interruptions (5) Noise Restrictions (6) Advance Notice (7) Water For Construction (8) Work Area Limits 1.2 USE OF PREMISES A. Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. B. Confine construction operations to within the limits of Right of Way, Ailey Easements and Manhole locations, as shown on plans. C. Keep driveways and entrances serving premises clear and available to tenants, residents and emergency vehicles at all times, except when construction is immediately at that vicinity. Do not use these areas for parking or storage of materials. D. Schedule construction to minimize obstruction of driveways and entrances. 1.3 SPECIAL SCHEDULING REQUIREMENTS A. Have materials, equipment, and personnel required to perform the work at the site prior to the commencement of the Work. B. Permission to interrupt utility service shall be requested in writing a minimum of fourteen (14) calendar days prior to the desired date of interruption. 1.4 WORKING PERIOD A. Regular working hours shall be within an eleven (11) hour period between 7:00 a.m. and 6:00 p.m., Monday through Friday, and an eight (8) hour period between 9:00 a.m. and 5:00 p.m. on Saturday. (1) Saturday work shall be restricted to those activities that do not require observation by the Owner. (2) The Owner reserves the right, at the Owner's discretion, to disallow work when it interferes with holiday times and traffic. B. No work shall be performed on the following holiday periods or days: (1) New Year's Day (2) Good Friday Holiday (3) Memorial Day Holiday (4) Independence Day Holiday Buddy Holly Ave. Water Line Change Out 01140-1 May 2012 1 E (5) Labor Day Holiday (6) Thanksgiving Day Holiday plus the day before and the three days following Thanksgiving Day. (7) Christmas Week. If Christmas Day falls on Saturday, this will be defined as the week leading to Christmas Day. If Christmas Day falls on Sunday, this will be defined as the week following Christmas Day plus the Friday and Saturday prior to Christmas Day. C. Work outside regular working hours requires Owner's approval. (1) Make application twenty-one (21) calendar days prior to such work to allow arrangements to be made by the Owner for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. (2) Based on the justification provided, the Owner may approve work -outside regular hours. (3) During periods of darkness, the different parts of the Work shall be lighted in a manner approved by the Owner. Lighting shall be such that it does not cause nuisance conditions. D. The Drawings contain specific requirements that affect certain areas of the Work. 1.5 UTILITY CUTOVERS AND INTERRUPTIONS A. Sanitary sewer flow shall not be interrupted upstream of the Work. Bypass pumping of sanitary sewer flow upstream of the Work shall be the responsibility of the Contractor. B. Water service connections shall be re -connected in a timely manner following installation of the new water pipe. 1.6 NOISE RESTRICTIONS A. 75 dB limit at face of nearest structure during normal daylight hours. B. 65 dB limit at face of nearest structure during evening and nighttime hours in or near residential areas and for 24-hour working conditions that have received Owner approval. Evening and nighttime hours shall be defined as 6:00 p.m. to 7:00 a.m. C. The Contractor shall keep on -site a hand portable sound measurement device for both the Owner's and the Contractor's use for measuring noise levels. 1.7 ADVANCE NOTICE A. The Contractor shall provide a minimum of five (5) days advance written notice of construction to businesses and residences along the construction route. B. The advance written notice shall be in the form of a single page flyer to be placed by hand by the Contractor's forces in mailboxes, door handles, or handed to applicable individuals at each route building. C. The text for the advance written notice will be approved by the Owner. D. Reproduction shall be at the Contractor's expense. E. Distribution shall be at the Contractor's expense. F. Single page flyers shall be of a paper or post card color other than white to direct the recipient's attention to the information. G. The text shall contain the anticipated beginning date of inconvenience to the recipient and the anticipated duration of that inconvenience. H. The dates shall encompass the duration of driveway inconveniences and potential noise to the } recipients on a single city block (i.e., the dates and durations shall reflect the time that the city ' ,J block of interest will be affected by non-trafficability). Buddy Holly Ave. Water Line Change Out 01140-2 May 2012 1.8 WATER FOR CONSTRUCTION A. Obtaining water for construction is the Contractor's sole responsibility. B. Water is available from the potable water system of the City of Lubbock for construction purposes. (1) The Contractor is responsible for all charges and arrangements for water consumption from the potable water system. (2) The Contractor shall make such arrangements directly with the City of Lubbock Water Utilities Department. (3) The City will not furnish potable water free of charge for the construction work. (4) The Contractor is responsible for any required metering and hauling. C. Water from park area lakes shall not be used for construction. D. This section does not preclude the Contractor from seeking other water sources for use in construction. Such water resources shall meet the purity requirements for the intended use. Such arrangements for water from other sources are the responsibility of the Contractor. PART 1 PRODUCTS Not used PART 2 EXECUTION 2.1 WORK AREA LIMITS A. Prior to any construction, the Contractor shall mark the areas that need not be disturbed under this contract. B. Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. C. Monuments and markers shall be protected before construction operations commence. D. Where construction operations are to be conducted during darkness, the markers shall be visible at all times. E. The Contractor's personnel shall be knowledgeable of the purpose for marking and/or protecting particular objects. END OF SECTION Buddy Holly Ave. Water Line Change Out 01140-3 May 2012 SECTION 01300 SUBMITTAL PROCEDURES PART1 GENERAL 61IJut&/\.i'1 A. Section includes: (1) Submittal Procedures (2) Re -Submittal Requirements (3) Action Submittals (4) Proposed Products List (5) Shop Drawings (6) Information Submittals (7) Contractor's Review (8) Owner And Engineer Action 1.2 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address, and phone number. B. Identify Project, Contractor, Subcontractors or Suppliers, pertinent Drawings sheet and detail number(s), and specification Section number, as appropriate. C. Schedule submittals to expedite the Project and coordinate submission of related items. D. The Owner and Engineer reserve the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. E. Submittals may be delivered to the Engineer at the following address: j Water Utilities Engineering 1625 13th Street Lubbock, Texas 79457 P. Allow enough time for submittal review, including time for re -submittals, as follows: (1) Time for review shall commence on the Owner or Engineer's receipt of submittal. (2) Allow fifteen (15) days for initial review of each submittal. (3) Allow additional time if processing must be delayed to permit coordination with subsequent submittals. (4) The Owner or Engineer will advise the Contractor when a submittal being processed must be delayed for coordination. (5) If more than five (5) submittals are transmitted for review within any five (5) day period, the time allowed for review will be increased to twenty-one (2 1) days. (6) Where concurrent review of submittals by the Engineer, Owner, or other parties is required, allow twenty-one (2 1) days for initial review of each submittal. (7) If intermediate submittal is necessary, process it in same manner as initial submittal. (8) Allow fifteen (15) days for processing each resubmittal. 111 G. No extension of the Contract Time will be authorized because of failure to transmit submittals sufficiently in advance of the Work to permit processing. H. Identifyvariations from Contract Documents and Product or stem limitations which may y y be detrimental to successful performance ofthe completed Work. Buddy Holly Ave. Water Line Change Out 01300-1 May 2012 b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used irr any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. _. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "au- to". 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed -measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed - measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that reproduces, receives or trans- mits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the cov- ered "auto"; b. Removable from a housing unit which is permanently installed in or upon the cov- ered "auto"; c. An integral part of the same unit housing any electronic equipment described in Pa- ragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. $1,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the cov- ered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equip- ment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. CA 00 01 03 10 0 Insurance Services Office, Inc., 2009 Page 7 of 12 SECTION IV — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no pay- ment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Al- so keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this coverage form until: a. There has been full compliance with all the terms of this coverage form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised val- ue. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. Page 8 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obli- gations under this coverage form. 2. Concealment, Misrepresentation Or Fraud This coverage form is void in any case of fraud by you at any time as it relates to this coverage form. It is also void if you or any other "in- sured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This coverage form; b. The covered "auto"; c. Your interest in the covered "auto'; or d. A claim under this coverage form. 3. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the addi- tional coverage as of the day the revision is ef- fective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this coverage form. 5. Other Insurance a. For any covered "auto" you own, this cov- erage form provides primary insurance. For any covered "auto" you don't own, the in- surance provided by this coverage form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this coverage form pro- vides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this coverage form's Liability Coverage is primary for any liability as- sumed under an "insured contract". d. When this coverage form and any other coverage form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our coverage form bears to the total of the limits of all the coverage forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this coverage form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. if the es- timated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this coverage form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this coverage form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the Unit- ed States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere in the world if: (a) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (b) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 9 of 12 We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this coverage form and any other coverage form or policy issued to you by us or any com- pany affiliated with us applies to the same "ac- cident', the aggregate maximum Limit of Insur- ance under all the coverage forms or policies shall not exceed the highest applicable Limit of Insurance under any one coverage form or pol- icy. This condition does not apply to any cov- erage form or policy issued by us or an affili- ated company specifically to apply as excess insurance over this coverage form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer de- signed for travel on public roads; or 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment'. C. 'Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- sulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollut- ants"; or 2. Any claim or "suit' by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the ac- tual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured'; or (3) Being stored, disposed of, treated or processed in or upon the covered "au- to"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants'; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". Page 10 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 No Text Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". G. 'insured" means any person or organization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. 'Insured contract' means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto". However, such contract or agreement shall not be considered an "insured contract' to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employ- ees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties re- lated to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment' means any of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well -servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; or CA 00 01 03 10 ©Insurance Services Office, inc., 2009 Page 11 of 12 No Text 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or car- go. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well -servicing equipment. However, "mobile equipment' does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga- raged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. 'Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit' means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage'; or 2. A "covered pollution cost or expense'; to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer' includes semitrailer. Page 12 of 12 © Insurance Services Office, Inc., 2009 CA 00 0103 10 Additional Insured — Automatic — Owners, Lessees Or Contractors ZURICH Policy No. I Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. I Producer No. I AWL Prem Return Prem. LO 0269604-01 7-01-12 7-01-13 07-01-12 2008-000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: UniTek Global Services, Inc. Address (including ZIP Code): 1777 Sentry Parkway West Gwynedd Hall, Suite 302 Blue Bell, PA 19422 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury' covered under Section I — Coverage A — Bodily Injury And Property Damage Liability and Section I — Coverage B — Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by.- 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. C. However, regardless of the provisions of Paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. - U-GL-1175-D CW 10111 Page 1 of 2 r Includes copyrighted material of Insurance Services Office, Inc., with its permission. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U-GL-1175-D CW (10/11) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0 ZURICH Waiver Of Transfer Of Rights Of Recovery Against Others To Us olicy No. ff. Date of Pol.. xp. Date of Pol. ff. Date of End. gency No. ddl. Prem etum Prem. AP 0269605-01 �7-01-12 7-01-13 7-01-12 2008-000 This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: UniTek Global Services, Inc. Address (including ZIP code): 1777 Sentry Parkway West Gwynedd Hall, Suite 302 Blue Bell, PA 19422 This endorsement modifies insurance provided under the: Business Auto Coverage Form Truckers Coverage Form Garage Coverage Form Motor Carrier Coverage Form SCHEDULE Name of Person or Organization: Only those persons or organizations for whom you are required to waive your rights of recovery under the terms of a written contract. We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an "accident" or "loss" resulting from the ownership, maintenance, or use of a covered "auto' for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedule. Countersigned: Date: Authorized Representative U-CA-320-B CW (4/94) Page 1 of I Waiver Of Subrogation (Blanket) Endorsement 9 ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'l. Prem Return Prem. LO 0269604-01 7-01-12 7-01-13 7-01-12 02008-000 $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Where required by written contract prior to a loss The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page 1 of 1 yr, �A�eai, � � � _. �.. � � � ..,. _-- .,� , �...:.� � _.. � � . ,�� m� , � �..�,.,�� .�,�_.,,� ._.,._.._.w.w.. _,..�_W _ _,_.. Endorsement 9 ZURICH Policy No. JEff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AddT Prem Return Prem. BAP 0269605-01 07-01-12 07-01-13 07-01-12 02008-000 1 $ Is THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED Name of Person or Organization: Any Person or Organization as required by written contract Description of Contract: Where required by written contract prior to a loss WHO IS AN INSURED is changed to include as an "insured" the person or organization named above for "bodily injury" or "property damage" arising out of the use of a covered "auto" while the covered "auto" is being used pursuant to a contract described in the schedule. However, the person or organization named above is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions of: 1. You; 2. Any of your employees or agents; or 3. Any person, except the employee or agent of the person or organization named above, operating a covered "auto' with the permission of any of the above. U-CA-388-A (07-94) Page 1 of 1 __ ,- ---,M� ACORU® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 6/29/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Assurance Agency, Ltd.PHONE One Century Centre 1750 E. Golf Road CONTACT NAME: Nick DiLeonardi FAX - (A/C, No : 4 - 9126 E-MAIL ADDRESS:nditeonardii5assuranceaaency,com INSURERS AFFORDING COVERAGE NAIC # Schaumburg IL 60173- INSURER A:Zurich American Insurance Co INSURED UNITGLO-01 INSURER B ;American r Liab 26247 INSURER C:Am ri Zurich 1 Advanced Communications USA, Inc. INSURER D 1777 Sentry Parkway West Gwynedd Hall, Ste. 302 Blue Bell PA 19422 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1451745279 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 ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A GENERAL LIABILITY GL0026960401 /1/2012 /1/2013 EACH OCCURRENCE $1,750,000 DAMAGET PREMISES Ea occurrence $750,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IT] OCCUR MED EXP (Any one person) $10.000 PERSONAL & ADV INJURY $1,750,000 GENERAL AGGREGATE $3,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $3,500,000 $ POLICY X PROJE,- LOC A AUTOMOBILE LIABILITY BAP026960501 /1/2012 /1/2013 (Ea accident) $2,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per acc dent $ NON OWNED HIRED AUTOS X AUTOS B X UMBRELLA LIAB X OCCUR AUC931067301 71112012 /112013 EACH OCCURRENCE $25,000,000 AGGREGATE $25,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $.0. $ C WORKERS COMPENSATION WCO26960201 /1/2012 /1/2013 X STATU- OTH- A AND EMPLOYERS' LIABILITY Y / N ANY OFFICERIMEM ER/PARTNERIEXEXCLUDED ECUTIVE� NIA WCO26960301 71112012 /1/2013 E.L. EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Proof of Insurance Only, It is agreed that the City of Lubbock and its officers, employees, and elected representatives are added as Additional Insureds, when required by written contract, on the General & Automobile Liability on a primary and non-contributory basis with respect to operations performed by the Named Insured in connection with this project. A Waiver of Subrogation in favor of the City of Lubbock and its officers, employees, and elected representatives applies to the Worker's Compensation, General Liability and Automobile policies, when required by written contract. CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lubbock, Attn: Marta Alvarez Director of ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing & Contract Management 1625 13th Street, Room 204 AUTHORIZED REPRESENTATIVE Lubbock TX 79401 (019BB-201U AGORD CORPORATION. All rights reserved. ACORD 25 (2010/06) The ACORD name and logo are registered marks of ACORD Policy Number GLO 0269604-01 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured: UniTek Global Services, Inc. Effective Date: 07-01-2012 12:01 A.M., Standard Time I Agent Name: Assurance Agency, Ltd. Agent No. 02008-000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: COMMERCIAL GENERAL LIABILITY COVERAG PART AMENDMENT OF OTHER INSURANCE With respect to losses to which this insurance applies, this policy does not apply to that portion of the loss for which you have other valid and collectible insurance, whether on a primary, excess or contingent basis unless such insurance was specifically purchased by you to apply excess of this policy. Notwithstanding the paragraph above, the insurance afforded by this policy is primary insurance with respect to those additional insureds to whom you are obligated by contract to provide primary and non-contributory insurance. In that event, we will not seek contribution from any other insurance policy available to the additional insureds on which the additional insured person or organization is a Named Insured. U-GL-I I14-A CW (10/02) COMMERCIAL AUTO CA 00 01 0310 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Liability Coverage any "trailers" you don't own while attached to power units you Than Private own). This includes those "autos" not of the private passenger type you acquire Passenger ownership of after the policy begins. "Autos" Only 6 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Liability Coverage any "trailers" you don't own "Autos" while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non -owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 0310 © Insurance Services Office, Inc., 2009 Page 1 of 12 Wolters Kluwer Financial Services I Uniform FormSTM 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this coverage form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 0 Insurance Services Office, Inc., 2009 CA 00 01 03 10 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (6) All court costs taxed against the "in- sured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attor- neys' expenses taxed against the "in- sured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. CA 00 01 03 10 0 Insurance Services Office, Inc., 2009 Page 3 of 12 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Pa- ragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the coverage form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" aris- ing out of and in the course of the fellow "employee's" employment or while perform- ing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a si- detrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement in- to or onto the covered "auto'; or Page 4 of 12 b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment'; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. © Insurance Services Office, Inc., 2009 CA 00 01 03 10 Work that may need service, maintenance, cor- rection, repair or replacement, but which is otherwise complete, will be treated as com- pleted. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured'; or (3) Being stored, disposed of, treated or processed in or upon the covered "au- to"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any property in which the 'pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The 'pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such 'pollutants'; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment'. Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto'; and (b) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such - contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident', the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. CA 00 0103 10 © Insurance Services Office, Inc., 2009 Page 5 of 12 All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this coverage form and any Medical Payments Cover- age endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derail- ment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "au- to' (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. Page 6 of 12 ©Insurance Services Office, Inc., 2009 CA 00 01 03 10 No Text I. Provide space for Contractor and Engineer review stamps. J. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. K. Use only final submittals with mark indicating action taken by Owner or Engineer in connection with the construction. L. Submittals not requested will not be recognized or processed. 1.3 RE -SUBMITTAL REQUIREMENTS A. Revise initial submittal as required and re -submit to meet requirements as specified. B. Identify all changes made since previous submittal. C. Mark as RESUBMITTAL. D. Re -use original transmittal number and supplement with sequential alphabetical suffix for each re -submittal (ie. 0001-A). PART PRODUCTS 2.1 ACTION SUBMITTALS A. Prepare and submit Action Submittals required by individual Specification Sections. B. Submit three (3) copies of each submittal, unless otherwise indicated. (1) The three (3) copies will be retained by the Owner's representative. (2) Any additional copies that the Contractor may need for his operations will be in addition to the three (3) copies required. 2.2 PROPOSED PRODUCTS LIST A. Within fifteen (15) days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model or catalog designation, and reference standards. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. C. Collect information into a single submittal for each element of construction and type of product or equipment. D. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. E. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. F. Include notation of special coordination requirements for interfacing with adjacent work. G. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 — Contract Closeout. 2.3 SHOP DRAWINGS A. Prepare Project specific information, drawn accurately to scale. B. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. C. Include the following information, as applicable: (1) Dimensions (2) Identification of products Buddy Holly Ave. Water Line Change Out 01300-2 May 2012 (3) Fabrication and installation drawings (4) Schedules (5) Design calculations (6) Compliance with specified standards (7) Notation of coordination requirements (8) Notation of dimensions established by field measurement D. For drawings larger than 11 x 17 inches, submit in the form of one reproducible transparency and one opaque reproduction. E. For drawings 11 x 17 inches and smaller, submit the number of opaque reproductions which Contractor requires, plus three (3) copies which will be retained by Engineer. F. Drawing size shall be minimum of 8'/Z x 11 inches and a maximum of 24 x 36 inches. G. Draw details to a minimum size of % inch equal to I foot. H. After review, produce copies and distribute in accordance with SUBMITTAL PROCEDURES article above and for record document purposed described in Section 01700 — Contract Closeout. 2.4 INFORMATION SUBMITTALS A. Manufacturer's Instructions: (1) 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. (2) Identify conflicts between manufacturers' instructions and Contract Documents. (3) Indicate special procedures, conditions requiring special attention and special environmental criteria required for application or installation. B. Manufacturer's Certificates (1) When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. (2) Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. (3) Certificates may be recent or previous test results on material or Product, but must be acceptable to the Engineer. C. Insurance Certificates and Bonds: (1) Prepare written information indicating current status of insurance or bonding coverage. (2) Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. PART 3 EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for compliance with the Contract Documents. f B. Note corrections and field dimensions. }y C. Mark with approval stamp before submitting to the Owner or Engineer. t (1) Stamp each submittal with a uniform approval stamp. (2) Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that _1 Buddy Holly Ave. Water Line Change Out 01300-3 May 2012 the submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 OWNER AND ENGINEER'S ACTION A. The Owner or Engineer will not review submittals that do not bear the Contractor's approval stamp and will return them without action. B. The Owner or Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. C. The Owner or Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: (1) No exception taken (2) Make correction noted (3) Revise and resubmit (4) Rejected D. The submittal stamp by the Owner or Engineer will also contain the following: (1) Checking is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. (2) Any action shown is subject to the requirements of the plans and specifications. (3) The Contractor is responsible for confirming and correlating all quantities and dimensions; selecting fabrication processes and techniques of construction; and performing the Work in a satisfactory manner. E. The Owner or Engineer will review each submittal and will not return it, or will reject and return it, if it does not comply with the requirements. END OF SECTION Buddy [folly Ave. Water Line Change Out 01300-4 May 2012 r SECTION 01310 PROGRESS SCHEDULES PART 1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Format (2) Content (3) Revisions To Schedules (4) Submittals (5) Distribution 1.2 FORMAT A. Sequence of Listings: The chronological order of the start of each item of Work. B. Scale and Spacing: To provide space for notations and revisions. C. Sheet Size: Minimum 8 1/2 x 11 inches D. Submit only if requested by the Engineer or Owner at preconstruction or coordination meeting. E. Maintain monthly updates to schedule. 1.3 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify each item by specification Section number. C. Provide sub -schedules to define critical portions of the entire Schedule. D. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. E. Provide separate schedule of submittal dates for shop drawings, product data, samples, and dates reviewed submittals will be required from the Engineer. Indicate decision date for selection of finishes. L4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule Report corrective action taken, or proposed, and its effect. 1.5 SUBMITTALS A. Subunit initial Schedules within ten (10) days after date established in Notice to Proceed. t._g After review, resubmit required revised data within ten (10) days. B. Submit revised Progress Schedules with each Application for Payment. 1 C. Submit the number of opaque reproductions which the Contractor requires, plus two (2) copies which will be retained by the Engineer. Buddy Holly Ave. Water Line Change Out 01310-1 May 2012 1.6 DISTRIBUTION A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. PART PRODUCTS Not used PART 1 EXECUTION Not used END OF SECTION Buddy Holly Ave. Water Line Change Out 01310-2 May 2012 I SECTION 01356 STORM WATER POLLUTION PREVENTION MEASURES PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Contractor Responsibilities (2) Erosion and Sediment Controls (3) Components for Silt Fences (4) Components for Straw Bales (5) Storm Water Pollution Prevention Plan L2 CONTRACTOR RESPONSIBILITIES A. The Contractor shall implement, maintain, and update the Storm Water Pollution Prevention measures specified in the Storm Water Pollution Prevention Plan (SWP3) in a manner, which will meet the requirements of the Texas Pollution Discharge Elimination System (TPDES) General Permit No.TXR 150000. B. The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, failure to adequately implement and adjust the storm water pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or any other fines or penalties assess by TCEQ or the EPA for failure to comply with any part of the permit requirements. C. The Contractor shall submit a Notice of Intent and a Notice of Termination independently of the Owner. D. Fines leveled against the Owner by the TCEQ or the EPA for the Contractor's failure to comply with and maintain the SWP3 shall be paid by the Contractor. 1.3 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. (2) Structural practices shall be implemented as specified in the SWP3 and in a timely manner during the construction process to minimize erosion and sediment run-off. B. Stabilized Ingress/Egress (1) Stabilized access to and from the construction site will be installed by the Contractor as soon as practical and in accordance with the SWP3. (2) In all cases, the Contractor shall ensure that any soil tracked off -site is cleaned from existing roads, alleys, and any adjacent properties as soon as possible. (3) The Contractor or other responsible party shall check for any pollutants (mud, silt, sand, c- 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--' F Buddy Holly Ave. Water Line Change Out 01356-1 May 2012 (1) The Contractor shall provide silt fences and/or diversion berms as a temporary structural practice to minimize erosion and sediment runoff. (2) 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.) (3) Silt Fences/Diversion Berms shall be kept in good and functional condition for as long as they are required and until they are removed from the site. D. Sand/Gravel Bags (1) The Contractor may provide sand/gravel bags as a temporary structural practice to minimize erosion and sediment runoff. (2) Bags shall be properly placed to effectively retain sediment immediately after completing each phase of work (e.g., after clearing and grubbing in an area between a ridge and drain, bags shall be placed as work progresses, bags shall be removed/replaced/relocated as needed for work to progress in the drainage area). (3) Sand/gravel bags must remain in good condition, or they shall be replaced. E. Site Stabilization (1) The Contractor shall disturb the least amount of site area as possible. (2) Stabilization measures to be implemented by the Contractor may include any of the following measures: (a) Temporary or permanent seeding or sodding (b) Mulching (c) Geotextiles (d) Vegetative buffer strips (e) Paving (f) Stabilization measures shall be implemented in accordance with the SWP3. PART PRODUCTS 2.1 COMPONENTS FOR SILT FENCES A. Filter Fabric (1) The geotextile shall comply with the requirements of ASTM D 4439, and shall consist of polymeric filaments, which are formed into a stable network such that filaments retain their relative positions. (2) The filament shall consist of a long -chain synthetic polymer composed of at least eight - five (85) percent by weight of ester, propylene, or amide, and shall contain stabilizers and/or inhibitors added to the base plastic to make the filaments resistant to deterioration due to ultraviolet and heat exposure. (3) Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of six (6) months of expected usable construction life at a temperature range of 0 to 120 degrees Fahrenheit. Buddy Holly Ave. Water Line Change Out 01356-2 May 2012 (4) The filter fabric shall meet the following requirements: FILTER FABRIC FOR SILT FENCE PHYSICAL PROPERTY TEST PROCEDURE REQUIREMENT Grab Tensile ASTM D 4632 100 lbs. min. Elongation ASTM D 4632 30 % max. Trapezoid Tear ASTM D 4533 55 lbs. min. Permittivity ASTM D 4491 0.2 sec-1 AOS U.S. Std. Sieve ASTM D 4751 20 —100 B. Silt Fence Stakes and Posts (1) The Contractor may use either wooden stakes or steel posts for fence construction. (2) Wooden stakes utilized for silt fence construction shall have a minimum cross section of two (2) inches by two (2) inches when hardwood is used and two (2) inches by four (4) inches when pine is used, and shall have a minimum length of four (4) feet. (3) Steel posts (standard "U" or "T" section) utilized for silt fence construction shall have a minimum weight of 1.33 pounds per linear foot and a minimum length of four (4) feet. C. Identification, Storage, and Handling\ (1) Filter fabric shall be identified, stored, and handled in accordance with ASTM D 4873. 2.2 COMPONENTS FOR STRAW BALES A. Straw Bales (1) The straw in the bales shall be stalks from oats, wheat, rye, barley, rice, or from grasses such as Byhalia, Bermuda, etc., furnished in air-dry condition. (2) The bales shall have a standard cross section of fourteen (14) inches by eighteen (18) inches. All bales shall be either wire -bound or string -tied. (3) The Contractor may use either wooden stakes or #3 rebars to secure the straw bales to the ground. (4) Wooden stakes utilized for this purpose shall have minimum dimensions of two (2) inches by two (2) inches in cross section and shall have a minimum length of three (3) feet. (5) Rebar utilized for securing straw bales shall have a minimum diameter of 3/8 of an inch and a minimum length of three (3) feet. PART 3 EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN A. Storm Water Pollution Prevention Plan will be provided by the Contractor. f B. The Contractor must keep a copy of the SWP3 on site at all times. C. A completed Notice of Intent (NO]) form must be submitted a minimum of forty-eight (48) hours prior to start of construction. D. No work will be permitted until NOI is filed. E. The SWP3 shall be continually updated as necessary to reflect current and changing conditions on site. F. Additional measures not specifically shown in the SWP3 may be used to control erosion from leaving the site. t G. A completed Notice of Termination (NOT) form must be submitted prior to finalization of " this contract. "J Buddy holly Ave. Water Line Change Out 01356-3 May 2012 E� H. The Contractor shall furnish the Owner with a copy of the NOI and NOT. END OF SECTION Buddy Holly Ave. Water Line Change Out 01356-4 May 2012 SECTION 01400 QUALITY REQUIREMENTS PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Definitions (2) Testing Requirements (3) Submittals (4) Quality Control (5) Repair and Protection L2 DEFINITIONS A. Quality Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and ensure that proposed construction complies with requirements. B. Quality Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction complies with requirements. 1.3 TESTING REQUIREMENTS A. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with the Contract Document requirements. B. Specific quality control requirements for individual construction activities are specified in the 1 sections that specify those activities. Requirements in those Sections may also cover production of standard products. C. Specified tests, inspections, and related actions do no limit the Contractor's quality control procedures that facilitate compliance with the Contract Document requirements. 1.4 SUBMITTALS A. Qualification Data: (1) For individuals employed by the Contractor who will perform testing as required by the various specification Sections, submit at least fourteen (14) days prior to being used on the project the capabilities and experience of such individuals and the types of tests that the individual will perform. (2) For outside testing agency employed by the Contractor, submit at least fourteen (14) days prior to being used on the project the name, address, and manager of such testing agency and the types of tests that the agency will perform. (a) Such testing agency shall be acceptable to the Owner prior to being used on the project. B. Reports: (1) Prepare and submit written reports within fourteen (14) days following the date of the test that include the following: (a) Date of issue (b) Project title and number. Buddy Holly Ave. Water Line Change Out 01400-1 May 2012 (c) Name, address, and telephone number of testing agency. If the individual is employed by the Contractor, use Contractor's name, address, and telephone number. (d) Dates and locations of samples and test (e) Names of individuals making tests (f) Description of the work and test method (g) identification of material, product, and specification Section. (h) Complete test or inspection data (i) Test results and interpretation of test results 6) Ambient conditions at time of sample taking and testing. (k) Comments and opinion on whether tested Work complied with the Contract Document requirements and the applicable specification Section. (1) Name and signature of individual performing the test if employee of the Contractor, or name and signature of testing agency responsible person. (m) For failing tests, recommendations on retesting unless specification Sections provide procedure for retesting. C. Professional Engineer Qualifications: (1) Where a Professional Engineer is required in the specification Sections, this means a Professional Engineer who is legally qualified to practice in the jurisdiction where the project is located and who is experienced in providing engineering services of the kind indicated. D. Test Agency Qualifications: (1) An agency with the experience and capability to conduct testing indicated, as documented by ASTM E 548, and that has the capability and experience in the types of tests to be performed. E. Preconstruction Testing: (1) Testing agency shall perform preconstruction testing with specified requirements for performance and test methods. (2) The Contractor shall not perform preconstruction testing except through a third party testing agency. F. Testing Agency Responsibilities: (1) Submit certified written report of each test and similar Quality Assurance service to the Contractor. (2) Interpret tests and state in each report whether tested work complies with or deviates from the Contract Document requirements. 1.5 QUALITY CONTROL A. Owner Responsibilities: (1) Where quality control services are indicated as Owner or Engineer's responsibility, such services may be performed by the Owner's forces or by a qualified testing agency to perform these services. (2) The Owner or Engineer will furnish the Contractor with names, addresses, and telephone numbers of testing agencies engaged by the Owner. B. Contractor Responsibilities: (1) Provide quality control services required in the various specification Sections. Buddy Holly Ave. Water Line Change Out 01400-2 May 2012 (2) Where third party testing is engaged by the Contractor, notify testing agency sufficiently in advance of the time and date when work that requires testing will be performed. (3) The Contractor shall not engage the same testing agencies as the Owner, unless Owner agrees in writing to such engagement. (4) Where testing is indicated as the Contractor's responsibility, submit certified written reports in duplicate of each testing service, whether performed by the Contractor's personnel or Contractor engaged testing agency. (5) Such reports shall include failing tests and retests. (6) Testing requested by the Contractor and not required by the Contract Documents are the Contractor's responsibility. (7) Where the Contractor's personnel are performing tests, provide individuals with appropriate equipment to perform the tests in accordance with the test method requirements. (8) Provide alternate equipment where the specified test method cannot be applied, and where alternative test methods and equipment must be employed to provide the necessary quality control. C. Retesting: (1) Regardless of whether original tests were the Contractor's responsibility, provide quality control services, including retesting, for construction that revised or replaced work that failed to comply with requirements established by the Contract Documents. D. Testing Agency Responsibilities: (1) Cooperate with the Engineer and Contractor in performance of duties. (2) Provide qualified personnel and necessary equipment to perform required tests and inspections. (3) Notify the Engineer or Contractor promptly of irregularities or deficiencies observed in the work during performance of its services. (4) Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the requirements. (5) Submit'a certified written report, in triplicate, of each test, inspection, and similar quality control service through the Contactor. (6) Do not release, revoke, alter, or increase requirements of the Contract Documents or approve or accept any portion of the Work. (7) Do not perform any duties of the Contractor. E. Associated Services: (1) Cooperate with agencies performing required tests, inspections, and similar quality control services, and provide reasonable auxiliary services as requested. (2) Notify agency sufficiently in advance of operations to permit assignment of personnel. (3) Provide the following: (a) Access to the Work. (b) Incidental labor and facilities necessary to facilitate tests and inspections. (c) Adequate quantities of representative samples of materials that require testing and inspecting. (d) Assist agency in obtaining samples. (e) Facilities for storage and field curing of test samples. Buddy Holly Ave. Water Line Change Out O V00-3 May 2012 (f) Additional associated services required of the Contractor for testing access are listed in the specification Sections. (g) Delivery of samples to testing agencies. (h) Preliminary design mix proposed for use for material mixes that require control by testing agency. (i) Security and protection for samples and for testing and inspecting equipment at Project site. F. Coordination: (1) Coordinate sequence of activities to accommodate required quality assurance and quality control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. (2) Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 PRODUCTS Not used PART 1 EXECUTION 1.1 REPAIR AND PROTECTION A. On completion of testing, inspecting, sample taking, and similar services, repair damaged construction, and restore substrates and finishes. B. Provide materials and comply with installation requirements specified in other Sections of these Specifications. C. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. D. Protect construction exposed by or for quality control service activities, E. Repair and protection are the Contractor's responsibility, regardless of the assignment of responsibility for quality control services. END OF SECTION Buddy Holly Ave. Water Line Change Out 01400-4 May 2012 SECTION 01410 TESTING LABORATORY SERVICES PART 1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Selection and Payment (2) Quality Assurance (3) Laboratory Responsibilities (4) Laboratory Reports (5) Limits on Testing Laboratory Authority (6) Contractor Responsibilities (7) Schedule of Inspections and Tests B. References: (1) ANSVASTM D3740 — Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. (2) ANSVASTM E329 — Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction. 1.2 SELECTION AND PAYMENT A. An independent firm, provided at the Contractor's expense, will perform inspection, tests, and other services specified in individual specification Sections and as required by the Engineer. B. Reports will be submitted by the independent firm to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. C. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. D. Notify the Engineer and independent firm forty-eight (48) hours prior to expected time for operations requiring services. E. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. F. Testing or inspecting does not relieve Contractor from performing Work to contract requirements. G. The cost associated with compliance testing shall be paid by the Contractor. H. Re -testing required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. I. Payment for re -testing will be paid by the Contractor. 1.3 QUALITY ASSURANCE A. Comply with requirements of ANSVASTM D3740R and ANSVASTM E329. B. Testing laboratory shall maintain a full time registered Engineer on staff to review services. Buddy Holly Ave. Water Line Change Out 01410-1 May 2012 C. Testing equipment shall be calibrated at reasonable intervals with devices of an accuracy traceable to either National Bureau of Standards (NBS) standards or accepted values of natural physical constants. 1.4 LABORATORY RESPONSIBILITIES A. Test samples of mixes submitted by Contractor. B. Provide qualified personnel at site. C. Cooperate with the Engineer and Contractor in performance of services. D. Perform specified inspection, sampling, and testing of Products in accordance with specified standards. E. Ascertain compliance of materials and mixes with requirements of Contract Documents. F. Promptly notify Engineer and Contractor of observed irregularities or non-conformance of Work or Products. G. Perform additional inspections and tests required by the Engineer. 1.5 LABORATORY REPORTS A. After each inspection and test, promptly submit three (3) copies of laboratory report to the Engineer and to the Contractor. B. Laboratory test reports shall include: (1) Date issued (2) Project title and number (3) Name of inspector (4) Date and time of sampling or inspection (5) Identification of product and Specification Section (6) Location in the Project (7) Type of inspection or test (8) Date of test (9) Results of tests (10) Conformance with Contract Documents C. When requested by the Engineer, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of the Contractor. D. Laboratory has no authority to stop the Work. 1.7 CONTRACTOR RESPONSIBILITIES A. Deliver to laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with laboratory personnel, and provide access to the Work. C. Provide incidental labor and facilities to provide access to Work to be tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. Buddy Holly Ave. Water Line Change Out 01410-2 May 2012 D. Notify the Engineer and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. 1.8 SCHEDULE OF INSPECTIONS AND TESTS A. As indicated in individual Specification Sections. PART PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION Buddy Holly Ave. Water Line Change Out 0I410-3 May 2012 SECTION 01555 BARRICADES, SIGNS, AND TRAFFIC HANDLING PARTI GENERAL 1.1 SUMMARY A. This item shall govern for providing, installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all barricades, portable barriers, signs, portable changeable message signs, cones, lights, and other such type devices and of handling traffic as indicated on the plans or as directed by the Engineer or Owner. B. Section Includes: (1) Description (2) Construction Methods (3) Traffic Control Plan (4) Maintenance PART PRODUCTS 2.1 CONSTRUCTION METHODS A. All barricades, signs, and other types of devices shall conform to details shown on the plans .. - or those indicated in the latest version of the Texas Manual on Uniform Traffic Control Devices (TMUTCD). B. All traffic control devices shall be crashworthy according to the guidelines set forth in the National Cooperative Highway Research Program (NCHRP) Report 350. PART 3 EXECUTION 3.1 TRAFFIC CONTROL PLAN A. The Contractor shall propose his own Traffic Control Plan (TCP) as necessary for phased construction. B. This plan must be approved in writing by the Engineer or Owner in order to be used. C. Prior to beginning work, the Contractor shall designate, in writing, a competent person who will be responsible and available on this project site or in the immediate area to insure compliance with the TCP. 3.2 MAINTENANCE A. All retro-reflective traffic control devices such as barricades, vertical panels, signs, etc., shall be maintained by cleaning, replacing, or a combination thereof such that during darkness and rain the retro-reflective characteristics shall equal or exceed the retro-reflective characteristics of traffic industry standard reflective panels. END OF SECTION i' Buddy Holly Ave. Water Line Change Out 01555-1 May 2012 1 SECTION 01576 WASTE MATERIAL DISPOSAL PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Submittals (2) Salvageable Material (3) Excess Material 1.2 SUBMITTALS A. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. B. Submit a copy of written permission from property owner, along with a description of property, prior to disposal of excess material adjacent to the Project. C. Submit a written and signed release from property owner upon completion of disposal work. D. Both written permission and signed release shall include hold -harmless clauses naming the City of Lubbock, Texas as the entities to be held harmless in any subsequent legal proceeding. E. Both property permissions and signed releases shall be attested to by a notary public. PART 2 PRODUCTS Not used PART 3 EXECUTION 1.1 SALVAGEABLE MATERIAL A. Asphalt Pavement and Asphalt Stabilized Base shall conform to requirements of Section 02221— Removing Existing Pavements. 1.2 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of the Contractor and shall be removed from the job site and legally disposed of at a proper facility such as the West Texas Region Disposal Facility (WTRDF). B. Excess material may be disposed at the WTRDF at no additional cost to the Owner. (1) There will be a tipping fee of $28.50 per ton for construction debris and for excess uncontaminated soil. (2) For a complete list of fees associated with the WTRDF, please go to the City's website at http://solidwaste.ci.lubbock.tx.us/disposaVfees.aspx. (3) There will also be a fee of $15.00 per load for every truck that is not covered properly when coming to the landfill. (4) All tipping fees shall be considered to be included in the Contractor's bid prices. C. Excess soil may be deposited on private property adjacent to the Project if approved by the Owner and when written permission is obtained from the property owner. Buddy Holly Ave. Water Line Change Out 01576-1 May 2012 D. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION Buddy Holly Ave. Water Line Change Out 01576-2 May 2012 I SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Closeout Procedures (2) Final Cleaning (3) Adjusting (4) Project Record Documents (5) Warranties (6) Spare Parts and Maintenance Materials. 1.2 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. Should the Engineer consider the work incomplete or defective: (1) The Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. (2) The Contractor shall take immediate steps to remedy the stated deficiencies and submit a second written certification that the work is complete. (3) The Engineer will re -inspect the Work. C. Provide submittals to the Engineer that are required by governing or other authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.3 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean site, sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. D. Repair, patch, and touch-up marred surfaces to match adjacent finishes. 1.4 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: (1) Contract Drawings (2) Specifications (3) Addenda (4) Change Orders and other Modifications to the Contract (5) Reviewed shop drawings, product data, and samples. Buddy Holly Ave. Water Line Change Out 01700-1 May 2012 B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: (1) Legibly mark and record at each Product section description of actual Products installed, including the following: (a) Manufacturer's name and product model and number. (b) Product substitutions or alternates utilized. (c) Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: (1) Legibly mark each item to record actual construction including: (a) Measured horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. (b) Field changes of dimension and detail. (c) Details not on original Contract Drawings. (d) Changes made by Addenda and Modifications. 1.6 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.7 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to project site and place in location as directed; obtain receipt prior to final payment. PART PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION Buddy Holly Ave. Water Line Change Out 01700-2 May 2012 SECTION 02200 DEMOLITION, REMOVAL, AND SALVAGING OF EXISTING MATERIALS PART1 GENERAL 1.1 SUMMARY A. This item shall consist of demolition, removal, and salvage or disposal of certain portions of existing paving materials, including existing asphalt surfacing and base material and existing concrete surfaces, in accordance with these specifications and in conformity with the dimensions and typical cross sections shown on the plans and with the lines and grades established for the project. B. Section Includes: (1) Classification and Payment (2) Removal of Sanitary Sewer Piping and Manholes (3) Removal of Pavement (4) Removing Existing Asphalt Surfacing and Base Material 1.2 CLASSIFICATION AND PAYMENT A. Materials to be removed may consist of asphaltic concrete, caliche base, and concrete paving and shall be considered subsidiary to the pertinent bid items. B. No consideration shall be given to differences in thickness or volume of material for each material removed. C. All pavement of each type to be removed shall be considered as being the same and equal and no consideration shall be given to differences in thickness of material. PART 2 PRODUCTS Not Used PART 3 EXECUTION 1.1 REMOV EL OF SANITARY SEWER PIPING AND MANHOLES A. Care shall be taken during removal of existing sanitary sewer system components not to damage portions that are to remain in place. B. At manholes with existing inflow or outflow lines that are to remain in place, the Contractor shall take care when removing the manhole as to minimize damage to portions to remain. C. Piping damaged adjacent to demolition of manholes shall be replaced at the time the manholes are reconnected and the labor, equipment and materials required to make such reconnections shall be included in the price of manhole replacement and reconnection. 1.2 REMOVAL OF PAVEMENT A. Where applicable, all lines separating pavement to be removed from that to remain in place shall be cut neatly and in a straight line, or shall be separated at an existing expansion or construction joint. B. Cuts shall be made by means of sawing or other methods approved by the Engineer which will produce a satisfactory edge. C. In no case shall the line be cut with a motor grader blade or other large piece of machinery. Buddy Holly Ave. Water Line Change Out 02200-1 May 2012 1.3 REMOVING EXISTING ASPHALT SURFACING AND BASE MATERIAL A. All existing materials to be removed and disposed of under this item shall be removed by the Contractor, and shall be disposed of in appropriate disposal areas off the Owner's property. B. Removal operations shall be accomplished in such a manner to minimize disturbance of existing underlying courses and adjacent pavement structures or improvements to remain in place. C. Any underlying courses disturbed during removal operations shall be reworked, re - compacted, and regarded to the satisfaction of the Engineer. D. Any damage to adjacent pavement structures or improvements to remain in place shall be repaired to the satisfaction of the Engineer. END OF SECTION Buddy Holly Ave. Water Line Change Out 02200-2 May 2012 7 SECTION 02221 REMOVING EXISTING PAVEMENTS PART1 GENERAL 1.1 SUMMARY A. This section of the specifications covers the removal of existing pavements, including, but not limited to, concrete paving, brick paving, asphaltic paving, concrete curb and/or gutter, and concrete sidewalks. B. Section Includes: (1) Regulatory Requirements (2) Preparation (3) Protection (4) Removals (5) Backfill (6) Disposal 1.2 REGULATORY REQUIREMENTS A. Conform to applicable codes for disposal of debris. Refer to Section 01576 —Waste Material Disposal. B. Coordinate removal work with utility companies. PART PRODUCTS Not used PART 3 EXECUTION 3.1 PREPARATION A. Obtain advance approval from the Engineer for dimensions and limits of removal work. B. Identify known utilities below grade. C. Paint, stake and flag locations. 3.2 PROTECTION A. Protect the following from damage or displacement: (1) Adjacent public and private property. (2) Trees, plants, and other landscape features designated to remain. (3) Utilities not designated to be removed. f (4) Pavement and utility structures not designated to be removed. (5) Benchmarks, monuments, and existing structures not designated to be removed. 3.3 REMOVALS f A. Remove pavements and structures by methods that will not damage underground utilities. B. Do not use a drop hammer near existing underground utilities. C. Minimize amount of earth loaded during removal operations. Buddy Holly Ave. Water Line Change Out 02221-1 May 2012 D. Where existing pavement is to remain, make straight saw cuts in existing pavement to provide clean breaks prior to removal. E. Do not break concrete pavement or base with drop hammer. F. Where street and driveway saw cut locations coincide or fall within three (3) feet of existing construction or expansion joints, break out to existing joint. G. Remove sidewalks and curbs to nearest existing dummy, expansion, or construction joint. H. Any existing concrete, which is damaged or destroyed beyond the neat lines so established, shall be replaced at the Contractor's expense., I. Remaining concrete shall be mortared to protect the reinforcing steel and provide a neat, clean appearance. 3.4 BACKFILL A. Backfill of removal zones shall be in accordance with requirements of Section 02317 — Excavation and Backfill for Utilities as applicable to the specific portion of the Work. 3.5 DISPOSAL A. Remove from the site debris resulting from work under this section in accordance with requirements of Section 01576 — Waste Material Disposal. END OF SECTION I I Buddy Holly Ave. Water Line Change Out 02221-2 May 2012 SECTION 02240 DEWATERING PART 1 GENERAL 1.1 SUMMARY A. This Section includes construction dewatering procedures and requirements. (1) A geotechnical survey has not been performed at the site. (2) This Section shall be applicable only if ground water begins to enter the trench. (3) Any required dewatering for this project shall be considered subsidiary to pipeline and manhole installation and no separate compensations will be paid. B. Section Includes: (1) Submittals (2) Performance Requirements (3) Quality Assurance (4) Project Conditions (5) Preparation (6) Installation (7) Observation Wells 1.2 SUBMITTALS A. Shop Drawings for Information: (1) For dewatering system, show arrangements, locations, and details of wells and well points; locations of headers and discharge lines; and means of discharge and disposal of water. (2) Include layouts of piezometers and flow -measuring devices for monitoring performance of dewatering system. (3) Include written report outlining control procedures to be adopted if dewatering problems arise. (4) Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by dewatering operations. (5) Record drawings at Project closeout identifying and locating capped utilities and other subsurface structural, electrical, or mechanical conditions performed during dewatering. (6) Note locations and capping depth of wells and well points. B. Field Test Reports: (1) Before starting excavation, submit test results and computations demonstrating that dewatering system is capable of meeting performance requirements. 1.3 PERFORMANCE REQUIREMENTS A. Design, furnish, install, test, operate, monitor, and maintain dewatering system of sufficient scope, size, and capacity to control ground water flow into excavations and permit construction to proceed on dry, stable ground. B. Maintain dewatering operations to ensure erosion control, stability of excavations and constructed slopes, that excavation does not flood, and that damage to subgrades and permanent structures is prevented. Buddy Holly Ave. Water Line Change Out 02240-1 May 2012 H C. Prevent surface water from entering excavations by grading, dikes, and other means approved by the Engineer. D. Remove dewater system if no longer needed. 1.4 QUALITY ASSURANCE + A. Comply with water disposal requirements of authorities having jurisdiction. 1.5 PROJECT CONDITIONS A. Existing Utilities: (1) Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. B. Project Site Information: (1) A geotechnical report has not been prepared for the Project area. (2) The Contractor, at own expense, may make test borings and conduct other exploratory operations necessary for dewatering. (3) Survey adjacent structures and improvements, employing a qualified professional engineer or land surveyor, establishing exact elevations at fixed points to act as benchmarks. (4) Clearly identify benchmarks and record existing elevations. (5) During dewatering, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations for comparison with original elevations. (6) Promptly notify the Engineer if changes in elevations occur or if cracks, sags, or other damage is evident in adjacent construction. PART PRODUCTS Not used PART 3 EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by dewatering operations. B. Prevent surface water and subsurface or ground water from entering excavations, ponding on prepared subgrades, and from flooding site and surrounding area. C. Protect subgrades and foundation soils from softening and damage by rain or water accumulation. D. Install dewatering system to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. E. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. (1) Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. 3.2 INSTALLATION Buddy Holly Ave. Water Line Change Out 02240-2 May 2012 I A. Install dewatering system utilizing wells, well points, or similar methods complete with pump equipment, standby power and pumps, filter material gradation, valves, appurtenances, water disposal, and surface -water controls. B. Before excavating below ground water level, place system into operation to lower water to specified levels. C. Operate system continuously until drains, sewers, and structures have been constructed and fill materials have been placed, or until dewatering is no longer required. D. Provide an adequate system to lower and control ground water to permit excavation, construction of structures, and placement of fill materials on dry subgrades. E. Install sufficient dewatering equipment to drain water -bearing strata above and below bottom of foundations, drains, sewers, and other excavations. F. Do not permit open -sump pumping that leads to loss of fines, soil piping, subgrade softening, and slope stability. G. Reduce hydrostatic head in water -bearing strata below subgrade elevations of foundations, drains, sewers, and other excavations. H. Maintain piezometric water level a minimum of sixty (60) inches below surface of excavation. I. Dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. J. Dispose of water in a manner that avoids inconvenience to others. K. .Provide sumps, sedimentation tanks, and other flow -control devices as required by authorities having jurisdiction. L. Provide standby equipment on -site, installed and available for immediate operation, to maintain dewatering on continuous basis if any part of system becomes inadequate or fails. M. If dewatering requirements are not satisfied due to inadequacy or failure of dewatering system, restore damaged structures and foundation soils at no additional expense to Owner. N. Remove dewatering system from Project Site on completion of dewatering. O. Plug or fill well holes with sand or cut off and cap wells a minimum of thirty-six (36) inches below overlying construction. P. Promptly repair damages to adjacent facilities caused by dewatering operations. 3.3 OBSERVATION WELLS A. Provide, take measurements, and maintain at least the minimum number of observation wells or piezometers indicated and additional observation wells as may be required by authorities having jurisdiction. B. Observe and record daily elevation of ground water and piezometric water levels in observation wells. C. Repair or replace, within twenty-four (24) hours, observation wells that become inactive, damaged, or destroyed. D. Suspend construction activities in areas where observation wells are not functioning properly until reliable observations can be made. E. Add or remove water from observation well risers to demonstrate that observation wells are functioning properly. F. Fill observation wells, remove piezometers, and fill holes when dewatering is completed. END OF SECTION i` Buddy Holly Ave. Water Line Change Out 02240-3 May 2012 $ SECTION 02260 EXCAVATION SUPPORT AND PROTECTION PART 1 GENERAL 1.1 SUMMARY A. This Section includes temporary excavation support and protection systems. B. Section Includes: (1) Submittals (2) Performance Requirements (3) Project Conditions (4) Materials (5) Preparation (6) Sheet Piling (7) Trench Boxes (8) Trenching Procedures 1.2 SUBMITTALS A. Shop Drawings for Information: (1) Prepared by or under the supervision of a qualified Professional Engineer for excavation support and protection systems. (2) Include Shop Drawings signed and sealed by a Texas Licensed Professional Engineer responsible for their preparation. B. Qualification data for installer and Professional Engineer. C. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by the absence of, the installation of, or the performance of excavation support and protection systems. 1.3 PERFORMANCE REQUIREMENTS A. Design, furnish, install, monitor, and maintain excavation support and protection system capable of supporting excavation sidewalls and of resisting soil and hydrostatic pressure and superimposed and construction loads. B. Provide professional engineering services needed to assume engineering responsibility, including preparation of Shop Drawings and a comprehensive engineering analysis by a qualified Professional Engineer. C. Prevent surface water from entering excavations by grading, dikes, or other means approved by the Engineer. D. Install excavation support and protection systems without damaging existing buildings, pavements, and other improvements adjacent to excavation. 1.4 PROJECT CONDITIONS A. Existing Utilities: (1) Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. Buddy [folly Ave. Water Line Change Out 02260-1 May 2012 B. Project Site Information: (1) Survey adjacent structures and improvements, employing a qualified professional engineer or land surveyor, establishing exact elevations at fixed points to act as benchmarks. (2) Clearly identify benchmarks and record existing elevations, (3) During installation of excavation support and protection systems, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations and positions for comparison with original elevations and positions. (4) Promptly notify the Engineer if changes in elevations or positions occur, or if cracks, sags, or other damage is evident in adjacent construction. PART 2 PRODUCTS 2.1 MATERIALS A. Provide materials that are either new or in serviceable condition. B. Structural Steel: ASTM A36/A 36M, ASTM A690/A 690 M, ASTM A 992/ A 992M. C. Steel Sheet Piling: ASTM A 328/A 328M, ASTM A 572/ A 572M, or ASTM A690/ A 690M; with continuous interlocks. PART 3 EXECUTION 3.1 PREPARATION A. Project structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards that could develop during excavation support and protection systems operations. B. Shore, support, and protect utilities encountered. C. Install excavation support and protection systems to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. D. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. (1) Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. E. Locate excavation support and protection systems clear of permanent construction so that forming and finishing of concrete surfaces is not impeded. F. Monitor excavation support and protection systems daily during excavation progress and for as long as excavation remains open. G. Promptly correct bulges, breakage, or other evidence of movement to ensure that excavation support and protection systems remain stable. H. Promptly repair damages to adjacent facilities caused by installing excavation support and protection systems. 3.2 SHEET PILING A. Before starting excavation, install one-piece sheet piling lengths and tightly interlock to form a continuous barrier. B. Limit vertical offset of adjacent sheet piling to sixty (60) inches. C. Accurately align exposed faces of sheet piling to vary not more than two (2) inches from a I horizontal line and not more than 1:120 out of vertical alignment. Buddy Holly Ave. Water Line Change Out 02260-2 May 2012 D. Cut tops of sheet piling to uniform elevation at top of excavation. 3.3 TRENCH BOXES A. Provide Engineer approved trench boxes sufficient for depth and width of open -cut trench. B. All exposed trench shall be protected. 3.4 TRENCHING PROCEDURES A. Provide shoring systems in accordance with the Contractor's submitted design to adequately resist earth pressures. B. Proceed with work in an orderly fashion. C. Install trench bracing systems as soon as possible after opening trenches. D. Do not allow workers in trench prior to installing trench bracing systems. E. Backfill trenches as soon as possible after completion of work. F. Stockpile excavated materials at three (3) feet away from edge of trench. G. Maintain barricades and signage as required by State and Local codes to protect open excavations. H. Do not allow surface water to enter excavations. 1. Properly grade areas adjacent to trench excavations to control surface drainage away from excavations. J. If cut back method is allowed by Owner and is employed, maintain a clear distance of three (3) feet from edge of cut to avoid allowing loose material to enter trench. K. Cut back method may not be used where there is insufficient work area to employ it. L. Do not operate heavy equipment except for trench digging or pipe laying equipment within twenty (20) feet of edge of excavation. M. Haul trucks, if needed, may operate closer than twenty (20) feet to trench edge provided the Contractor deems it safe to do so. 3.5 REMOVAL AND REPAIRS A. Remove excavation support and protection systems when construction has progressed sufficiently to support excavation and bear soil and hydrostatic pressures. B. Remove in stages to avoid disturbing underlying soils or damaging structures, pavements, facilities, and utilities. END OF SECTION Buddy Holly Ave. Water Line Change Out 02260-3 May 2012 SECTION 02317 EXCAVATION AND BACKFILL FOR UTILITIES PART1 GENERAL 1.1 SUMMARY A. This section of the specifications includes information on excavation, trenching, foundation, embedment, and backfill for installation of utilities, including manholes and pipeline structures. B. Section Includes: (1) Definitions (2) References (3) Scheduling (4) Submittals (5) Tests (6) Equipment (7) Material Classifications (8) Accessories (9) Installation (10) Preparation (11) Protection (12) Excavation (13) Handling Excavation Materials (14) Trench Foundation (15) Ground Water Control (16) Pipe Embedment, Placement and Compaction (17) Trench Zone Backfll, Placement and Compaction (18) Field Quality Control (19) Disposal of Excess Material 1.2 DEFINITIONS A. Pipe Foundation — Suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Drawings, or foundation backfill material placed and compacted in over -excavations. B. Pipe Bedding — The portion of trench backfill that extends vertically from top of foundation up to a level line at bottom of pipe, and horizontally under one-third of the pipe O.D. C. Haunching — The material placed on either side of the pipe from the foundation to the springline of the pipe for rigid wall pipe, and horizontally from one trench sidewall to opposite sidewall, excluding the bedding section as shown on the plans. D. Initial Backfill —The portion of trench backfill that extends vertically from the top of 1... haunching or cement stabilized backfill up to a level line immediately below pavement subgrade, and horizontally from on trench sidewall to opposite sidewall. E. Pipe Embedment — The portion of trench backfill that consists of bedding, haunching, and initial backfill. Buddy Holly Ave. Water Line Change Out 02317-1 May 2012 I .! f_ F. Trench Zone — The portion of trench backfill that extends vertically from top of pipe embedment up to a line immediately below pavement subgrade or up to final grade when not beneath paving. G. Backfill — Suitable material meeting specified quality requirements, placed and compacted under controlled conditions. H. Ground Water Control Systems — installations external to trench, such as well points, eductors, or deep wells. Ground water control includes dewatering to lower ground water, intercepting seepage which would otherwise emerge from side or bottom of trench excavation, and depressurization to prevent failure or heaving of excavation bottom. Refer to Section 02240 — Dewatering. I. Surface Water Control — Diversion and drainage of surface water runoff and rain water away from trench excavation. Rain water and surface water accidentally entering trench shall be controlled and removed as a part of excavation drainage. J. Excavation Drainage — Removal of surface and seepage water in trench by sump pumping or other approved means. K. Trench Conditions are defined with regard to the stability of trench bottom and trench walls of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill, except where structural trench support is necessary. L. Dry Stable Trench — Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressurization) for trenches extending below ground water level. M. Stable Trench with Seepage — Stable trench in which ground water seepage is controlled by excavation drainage. N. Stable Trench with Seepage in Clayey Soils — Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. O. Stable Wet Trench in Sandy Soils — Excavation drainage is provided in the embedment zone in combination with ground water control in predominately sandy or silty soils. P. Unstable Trench — Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes soil disturbances, such as sloughing, sliding, boiling, heaving, or loss of density. Q. Subtrench — Subtrench is a special case of benched excavation. Subtrench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of a subtrench depends upon trench stability and safety as determined by the Contractor. R. Over -Excavation and Backfill — Excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on Drawings, and backfilled with foundation backfill material. S. Foundation Backfill Materials — Natural soil or manufactured aggregate of controlled gradation, to control drainage and material separation. Foundation backfill material is placed and compacted as backfill to provide stable support for bedding. T. Trench Safety Systems include both protective systems and shoring systems as defined in Section 02260 — Excavation Support and Protection U. Trench Shield (Trench Box) — A portable worker safety structure moved along the trench as work proceeds, used as a protective system and designed to withstand forces imposed on it by Buddy Holly Ave. Water Line Change Out 02317-2 May 2012 cave-in, thereby protecting persons within the trench. Trench shields may be -stacked if so designed or placed in a series depending on depth and length of excavation to be protected. V. Shoring System — A structure that supports sides of an excavation to maintain stable soil conditions and prevent cave-ins, or to prevent movement of the ground affecting adjacent installations or improvements. 1.3 REFENCES A. ASTM D 558 — Test Methods for Moisture -Density Relations of Soil Cement Mixtures. B. ASTM D 698 — Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures Using 5.5-lb. Rammer and 12 inch Drop. C. ASTM D 1556 — Test Method for Density in Place by the Sand -Cone Method. D. ASTM D 2487 — Classification and Soils for Engineering Purposes. E. ASTM D 2922 — Test Method for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth). F. ASTM D 3017 — Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). G. ASTM D 4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. H. TxDOT Tex- 101-E — Preparation of Soil and Flexible Base Materials for Testing. 1. TxDOT Tex- 110-E — Determination of Particle Size Analysis of Soils. J. Federal Regulations, 29 CFR Part 1926, Standards -Excavation, Occupational Safety and Health Administration (OSHA). 1.4 SCHEDULING A. Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation, manhole, or other structures. 1.5 SUBMITTALS A. Conform to Section 01300 — Submittal Procedures B. Submit a written description for information only of the planned typical method of excavation, backfill placement, and compaction, including: (1) Sequence of work and coordination of activities. (2) Selected trench widths and dimensions of excavations. (3) Procedures for foundation and embedment placement, and compaction. (4) Procedure for use of trench boxes and other pre -manufactured systems while assuring specified compaction against undisturbed soils. C. Submit backfill material sources and product quality information in accordance with requirements of Section 02320 — Utility Backfill Materials. D. Submit record of location of pipe as installed, referenced to the TxDOT coordinate system. (1) Include locations of utilities encountered that are not shown on drawings or rerouted for the convenience of the Contractor. (2) Give stations, coordinates, elevations, inverts, and gradients of installed pipe, casing, etc. E. Submit field density tests of trench backfill. F. Submit laboratory density compaction curves for each material. 1.6 TESTS Buddy Holly Ave. Water Line Change Out 02317-3 May 2012 (, A. The Contractor is to perform backfill material source qualification testing in accordance with requirements of Section 02320 — Utility Backfill Materials. B. The Contractor shall have a competent, separate agency perform field density tests of trench backfill representative of each 200 linear feet of trench and each compacted layer. PART PRODUCTS 2.1 EQUIPMENT A. Perform excavation with hydraulic excavator or other equipment suitable for achieving the requirements of this Section. B. Use only hand -operated tamping equipment until a minimum cover of twelve (12) inches is obtained over pipes, conduits, and ducts. C. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. D. Do not use vibratory equipment until five (5) feet of cover over pipes, conduits, or ducts is obtained. E. Do not use vibratory equipment if adjacent structures could be affected. F. Use trench shields or other protective systems or shoring systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. 2.2 MATERIAL CLASSIFICATIONS A. Embedment and Trench Zone Backfill Materials: Conform to classifications and product descriptions of Section 02320 — Utility Backfill Materials. 2.3 ACCESSORIES A. Warning Tape: Install twelve (12) inches below finished grade acid and alkali resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, six (6) inches wide and four (4) mils thick, continuously inscribed with a description of the utility; colored as follows: (1) Red — Electric (2) Yellow —Gas, oil, steam, and dangerous materials. (3) Orange — Telephone and other communications. (4) Blue — Water systems. (5) Green — Sewer systems. B. Locator Wire: Install continuously coated ten (10) gauge locating wire as indicated on Plans. PART 3 EXECUTION 3.1 INSTALLATION A. Install flexible pipe to conform to the trench details shown in the drawings. B. Install rigid pipe to conform to the trench details shown in the drawings. 3.2 PREPARATION 8 A. Establish traffic control to conform to requirements of Section 01555 —Barricades, Signs, and Traffic Handling and the drawings. B. Perform work to conform to applicable safety standards and regulations. 1'. Buddy Holly Ave. Water Line Change Out 02317-4 May 2012 C. Employ a trench safety system as specified in Section 02260 — Excavation Support and Protection. D. Immediately notify the agency or company owning any existing utility line which is damaged, broken, or disturbed. E. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. F. Remove existing pavements and structures, including sidewalks and driveways, to conform to requirements of Section 02220 — Demolition, Removal, and Salvaging of Existing Material. G. Maintain permanent benchmarks, monumentation and other reference points, and unless otherwise directed in writing, replace those which are damaged or destroyed. 3.3 PROTECTION A. Protect trees, shrubs, lawns, existing structures, and other permanent objects outside of the construction limits. B. Protect and support above grade and below grade utilities, which are to remain. C. Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment of facilities are indicated on the Drawings. D. Take measures to minimize erosion of trenches and excavations. E. Do not allow water to pond in trenches or excavations. F. Where slides, washouts, settlements, or areas with loss of density or pavement failures or potholes occur, repair, recompact, and pave those areas. at no additional cost to the Owner. G. The Contractor shall locate all existing underground lines, whether or not they are shown on the Drawings, sufficiently in advance of trenching operations to prevent any damage thereto: H. Verification of location, size, and burial depth of existing utilities shall be the complete responsibility of the Contractor. I. The Contractor is responsible for notifying pipeline and cable utility owners of the intention to cross said utility no less than seven (7) days prior to crossing the utility. J. Coordinate vertical separation requirements with utility owners and any other special construction considerations. K. Notify the Engineer if required changes in the vertical profile shown on the Drawings prior to constructing these changes. L. Trench digging machinery may be used to make the trench excavations except in places where operation of same would cause damages to pipelines, fences, or other existing structures either above or below ground; in such instances hand methods shall be employed. 3.4 EXCAVATION A. Perform excavation work so that pipe, conduit, or ducts can be installed to depths and alignments shown on the Drawings. B. Avoid disturbing surrounding ground and existing facilities and improvements. C. Determine trench excavation widths based on the requirements shown on the plans. D. Use sufficient trench width or benches above the embedment zone for installation of well point headers or manifolds and pumps where depth of trenches makes it uneconomical or impractical to pump from the surface elevation. E. Provide sufficient space between shoring cross braces to permit equipment operations and handling of forms, pipe, embedment and backfill, and other materials. Buddy Holly Ave. Water Line Change Out 02317-5 May F. Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that location. Notify the Engineer and obtain instructions before proceeding. G. Shoring of Trench Walls: (1) Install special shoring in advance of trench excavation or simultaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will remain laterally supported at all times. (2) For all types of shoring, support trench walls in the pipe embedment zone throughout the installation. (3) Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out behind the trench wall support. (4) Unless otherwise directed by the Engineer, leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment materials. (5) Leave rangers, walers, and braces in place as long as required to support the sheeting, which has been cut off, and the trench wall in the vicinity of the pipe zone. (6) Employ special methods for maintaining the integrity of embedment or foundation material. (7) Before moving supports, place and compact embedment to sufficient depths to provide protection of pipe and stability of trench walls. (8) As supports are moved, finish placing and compacting embedment. (9) If sheeting or other shoring is used below top of the pipe embedment zone, do not disturb pipe foundation and embedment materials by subsequent removal. (10) Maximum thickness of removable sheeting extending into the embedment zone shall be the equivalent of a one (1) inch thick steel plate. (11) Fill voids left on removal of supports with compacted backfill material. H. Wherever necessary to prevent caving, the trench shall be adequately supported as required by the Drawings and Specifications. I. The Contractor is entirely responsible for assuring that trenches are adequately supported to protect both the workers and the public. J. Use of Trench Shields/Trench Boxes: (1) Make trench excavations of sufficient width to allow shield to be lifted or pulled feely, without damage to the trench sidewalls. (2) Move trench shields so that pipe, and backfill materials, after placement and compaction, are not damaged or disturbed, or the degree of compaction reduced. (3) When required, place, spread, and compact pipe foundation and bedding materials beneath the shield. (4) For backfill above bedding, lift the shield as each layer of backfill is placed and spread. (5) Place and compact backfill materials against undisturbed walls and foundation. (6) Maintain trench shield in position to allow sampling and testing to be performed in a safe manner. (7) Contractor shall provide trench shield for Owner's tests within the trench as required in paragraph 3.11.11 3.5 HANDLING EXCAVATION MATERIALS Buddy Holly Ave. Water Line Change Out 02317-6 May 2012 A. Use only excavated materials which are suitable as defined in this Section and conforming to Section 02320 — Utility Backfill Materials. B. Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. C. Do not place stockpiles of excess excavated materials on streets and adjacent properties. D. Protect excess stockpiles for use on site. E. Maintain site conditions in accordance with Section 01500 — Temporary Facilities and Controls. 3.6 TRENCH FOUNDATION A. The trench shall be excavated to an even grade so that the bottom of the pipe will rest on the bottom of the trench over the entire length of the pipe. B. Any part of the trench excavated below grade shall be corrected by filling with approved material and compacting thoroughly. C. If ledge rock, rock fragments, or other unyielding material is encountered in the bottom of the trench, it shall be removed to a depth of six (6) inches below grade, refilled with selected material, and thoroughly compacted. D. Bell holes of ample dimensions shall be dug at each joint to permit the jointing of pipe to be made properly, and of sufficient depth to prevent the bell of the pipe from resting on undisturbed materials. 3.7 GROUND WATER CONTROL A. Should ground water become an issue, refer to Section 02240 — Dewatering. B. Provide a stable trench to allow installation in accordance with the Specifications. 3.8 PIPE EMBEDMENT, PLACEMENT AND COMPACTION A. Immediately prior to placement of embedment materials, the bottoms and sidewalls of trenches shall be free of loose, sloughing, caving, or otherwise unsuitable soil. B. Place embedment including bedding, haunching, and initial backfill as shown on the Drawings. C. For pipe installation, manually spread embedment materials around the pipe to provide uniform bearing and side support when compacted. D. Do not allow materials to free -fall from heights greater than twenty-four (24) inches above top of pipe. E. Perform placement and compaction directly against the undisturbed soils in the trench sidewalls, or against sheeting which is to remain in place. F. Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. G. if moveable supports are used in embedment zone, lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. H. Do not damage coatings or wrappings of pipes during backfilling and compacting operations. I. When embedding coated or wrapped pipes, do not use crushed stone or other sharp, angular aggregates. J. Place haunching material manually around the pipe and compact it to provide uniform bearing and side support. K. If necessary, hold small -diameter or lightweight pipe in place with sand bags or other suitable means during compaction of haunch areas and placement beside the pipe. Buddy Holly Ave. Water Line Change Out 02317-7 May 2012 L. Shovel in -place and compact embedment material using pneumatic tampers in restricted areas, and vibratory -plate compactors or engine -powered jumping jacks in unrestricted areas. M. Compact each lift before proceeding with placement of the next lift. N. Water tamping and water jetting are not allowed. O. For flowable fill, such as cement stabilized backfill, vibrate flowable backfill with concrete vibrator to consolidate material under haunches. P. Install specified location tape and wire as shown on the drawings and per paragraphs 2.3.A and 2.3.B. 3.9 TRENCH ZONE BACKFILL, PLACEMENT AND COMPACTION A. Place backfill for pipe or conduits and restore as soon as practicable. B. Leave only the minimum length of trench open as necessary for construction. C. Maximum allowed open trench is limited to 200 feet unless otherwise approved by the Owner. D. Where damage to completed pipe installation work is likely to result from withdrawal of sheeting, leave the sheeting in place. (1) Cut off sheeting two (2) feet or move above the crown of the pipe. (2) Remove trench supports within five (5) feet from the ground surface. E. Place trench zone backfill in lifts and compact by methods selected by the Contractor. F. Fully compact each lift before placement of the next lift. G. Cement Stabilized Backfill/Lean Concrete Backfill: (1) Place in depths as shown on plans. (2) Use vibratory equipment to ensure placement under the haunches of the pipe. (3) Backfilling of the remaining trench depth after cement stabilized backfill has been placed shall not commence until the in -place cement stabilized backfill has attained a penetration resistance reading of at least thirty (30) when measured with a soil penetrometer according to ASTM D 1558 and using a one -tenth square inch needle. (4) This equates to a penetration resistance of approximately 300 pounds per square inch. (5) This is not a strength requirement of the cement -stabilized backfill, but a measure of the degree of curing of the cement stabilized backfill. (6) After a penetrometer reading of 30 is obtained on the cement stabilized backfill, then compacted backfill operations may commence. (7) The Contractor shall furnish and have on site a calibrated ASTM D 1558 soil penetrometer with one -tenth square inch needle. (8) The Contractor shall take no less than four (4) penetrometer readings, equally spaced on both sides of the pipe (8 readings total) in accordance with ASTM-D 1558, for each day's trench length that is planned for controlled density backfill operations. (9) Such readings shall be taken prior to commencing backfill operations. H. Bedding Material: (1) Sand bedding shall be loosely placed in trench as shown on the Drawings. 1 I. Gravel Embedment: (1) Place in depths as shown on plans (2) Use vibratory equipment or shovel slicing to ensure placement under the haunches of the pipe. Buddy holly Ave. Water Line Change Out 02317-8 May 2012 J. Native Material/Borrow Material (Pipe Installation): (1) Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding eight (8) inches. (2) Compaction by trench sheep's foot or by vibratory equipment to provide backfill densities at least equivalent to the surrounding undisturbed material or ninety-five (95) percent of the maximum dry density determined according to ASTM D 698. (3) Use of vibratory equipment limited as specified in paragraph 2.1. (4) Moisture content within two (2) percent of optimum determined according to ASTM D 698. K. Topsoil: (1) Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding eight (8) inches. (2) Compaction by trench sheep's foot or by vibratory equipment to provide backfill densities at least equivalent to the surrounding undisturbed material or ninety-five (95) percent of the maximum dry density determined according to ASTM D 698. (3) Use of vibratory equipment limited as specified in paragraph 2.1. (4) Moisture content within two (2) percent of optimum determined according to ASTM D 698. 3.10 MANHOLES, JUNCTION BOXES, AND OTHER PIPELINE STRUCTURES A. Meet the requirements of adjoining utility installations for backfill of pipeline structures, as shown on the Drawings. 3.11 FIELD QUALITY CONTROL A. Test for material source qualifications as defined in Section 02320 — Utility Backfill Materials. B. Provide excavation and trench safety systems at locations and to depths required for testing and retesting during construction at no additional cost to the Owner. C. Tests will be performed by the Contractor on a minimum of three (3) different samples of each material type for plasticity characteristics, in accordance with ASTM D 4318, and for gradation characteristics, in accordance with Tex-101-E and Tex-110-E. Additional classification tests will be performed whenever there is a noticeable change in material gradation or plasticity. D. At least three (3) tests for moisture -density relationships will be performed initially for backfill materials in accordance with ASTM D 698. Additional moisture -density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. E. The Contractor shall perform in -place density tests of compacted pipe foundation, embedment, and trench zone backfill soil materials will be performed according to ASTM D 1556, or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions. F. A minimum of one test for every 200 linear feet of compacted trench zone backfill material for each compacted layer. G. Density tests will be distributed around the placement areas. Placement areas are foundation, bedding, haunching, initial backfill, and trench zone. H. The number of tests will be increased if compacting effort is variable and not considered sufficient to attain uniform density, as specified. Buddy Holly Ave. Water Line Change Out 02317-9 May 2012 I. Density tests may be performed at various depths below the fill surface by pit excavation. Material in previously placed lifts may therefore be subject to acceptance/rejection. J. Two (2) verification tests will be performed adjacent to in -place tests showing density less than the acceptance criteria. Placement will be rejected unless both verification tests show acceptable results. K. Recompacted placement will be retested at the same frequency as the first test series, including verification tests. L. Recondition, recompact, and retest at Contractor's expense if tests indicate Work does not meet specified compaction requirements. For hardened cement stabilized backfill with nonconforming density, core and test for compressive strength at Contractor's expense. M. Acceptability of crushed rock compaction will be determined by inspection. 3.12 DISPOSAL OF EXCESS MATERIAL A. Dispose of excess materials in accordance with requirements of Section 01576 — Waste Material Disposal. END OF SECTION Buddy Holly Ave. Water Line Change Out 02317-10 May 2012 SECTION 02320 UTILITY BACKFILL MATERIALS PART 1 GENERAL 1.1 SUMMARY A. This Section of the specification covers materials related to the backfill of utilities. B. Section Includes: (1) "Concrete" sand (for use as pipe bedding). (2) Native soil materials. (3) Topsoil. (4) Crushed stone. (5) Cement stabilized backfill. C. Related Sections: (1) Drawings and General Provisions of the Contract, including General and Supplementary Conditions and other Division 1 specification sections apply to this section. (2) Section 01300 — Submittal Procedures (3) Section 01400 — Quality Requirements (4) Section 02317 — Excavation and Backfill for Utilities. 1.2 DEFINITIONS A. Refer to Section 02317 — Excavation and Backfill for Utilities. 1.3 REFENCES A. ASTM C 33 — Specification for Concrete Aggregate. B. ASTM C 40 —Test Method for Organic Impurities in Fine Aggregates for Concrete. C. ASTM C 123 — Test Method for Lightweight Pieces in Aggregate. D. ASTM C 131— Test Method for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. E. ASTM C 136 —Test Method for Sieve Analysis of Fine and Coarse Aggregates. F. ASTM C 142 — Test Method for Clay Lumps and Friable Particles in Aggregates. G. ASTM D 698 — Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft ). H. ASTM D 1140 — Test Method for Amount of Materials in Soils Finer Than Number 200 Sieve. 1. ASTM D 2487— Classification of Soils for Engineering Purposes (Unified Soil Classification System). J. ASTM D 2488 — Standard Practice for Description and Identification of Soils (Visual -Manual Procedure). K. ASTM D 4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. L. ASTM D 4643 —Method for Determination of Water (Moisture) Content of Soil by the Microwave Oven Method. M. TxDOT Tex- 101-E — Preparation of Soil and Flexible Base Materials for Testing. e Buddy Holly Ave. Water Line Change Out 02320-1 May 2012 l N. TxDOT Tex- 104-E —Test Method for Determination of Liquid Limit of Soils (Part 1). O. TxDOT Tex- 106-E —Test Method —Methods of Calculating Plasticity Index of Soils. P. TxDOT Tex- 110-E — Determination of Particle Size Analysis of Soils. 1.4 SUBMITTALS A. Conform to Section 01300 — Submittal Procedures. B. Submit a description of source, material classification and product description, production method, and application of backfill materials. C. Submit test results for samples of off -site backfill materials. D. For each delivery of material, provide a delivery ticket which includes source location. 1.5 TESTS A. Perform tests of sources for off -site backfill material. B. Verification tests of backfill materials may be performed by the Owner, at the Owner's expense; however, failing tests will be charged to the Contractor. PART 2 PRODUCTS 2.1 MATERIAL DESCIRPTIONS A. "Concrete" Sand (1) Coarse -grained, well -graded, sand (natural, manufactured, or a combination of both) conforming to requirements of ASTM C 33. (2) Gradation shall conform to ASTM C 136 and the following limits. Sieve Percent Passim 3/8" 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 10 B. Native Soil Material for Backfill (1) Provide backfill material that is free of stones greater than six (6) inches, free of roots, waste, debris, trash, organic material, unstable material, non -soil matter, hydrocarbons, or other contamination. C. Topsoil (1) Provide topsoil material that is free of stones greater than three (3) inches, free of roots, waste, debris, trash, organic matter, unstable material, non -soil matter, hydrocarbons, or other contamination. (2) Surface should be made clear of rock and other debris before planting. (3) Use top two (2) feet of excavated material for topsoil backfill. This material shall be set aside to prevent mixing with other excavated material. Topsoil is only required in non -paved areas. Buddy Holly Ave. Water Line Change Out 02320-2 May 2012 D. Gravel Embedment (1) Gravel embedment shall be free of waste, trash, debris, organic material, unstable material, and other non -gravel matter. (2) Provide gravel embedment that meets the following gradation requirements: Sieve Percent Retained 3/8" 0 No. 4 5 to 15 No. 10 50 to 90 No. 40 90 to 100 (3) A minimum of four inches of gravel embedment will be placed under the pipe. This material will be used for backfill to the top of the pipe. This material MUST be shovel sliced to the haunch of the pipe and mechanically tamped to midpoint of the pipe. E. Cement Stabilized Backfill (1) Cement Content — 2 sack mix per cubic yard. (2) Water/Cement Ratio — 0.60. (3) Maximum aggregate size shall not exceed one and one half (1.5) inch diameter for backfilling pipe sizes forty-eight (48) inches and greater in diameter. (4) Maximum aggregate size shall not exceed one (1) inch diameter for backfilling sizes less than forty-eight (48) inches in diameter. 2.2 MATERIAL TESTING A. Ensure that material selected, produced, and delivered to the project meets applicable specifications and is of sufficiently uniform properties to allow practical construction and quality control. B. Source or Supplier Qualification: Perform testing, or obtain representative tests by suppliers, for selection of material sources and products. Provide test results for a minimum of three (3) samples for each source and material type. Tests samples of processed materials from current production representing material to be delivered. Tests shall verify that the materials meet specification requirements. Repeat qualification test procedures each time the source characteristic changes or there is a planned change in source location or supplier. Qualification tests shall include, as applicable: (1) Gradation: Complete sieve analyses shall be reported regardless of the specified control sieves. The range of sieves shall be from the largest particle through the No. 200 sieve. (2) Plasticity of material passing the No. 40 sieve. (3) Clay lumps. (4) Lightweight pieces. (5) Organic impurities. C. Production Testing: Provide reports to the Engineer from an independent testing laboratory that backfill materials to be placed in the Work meet applicable specification requirements. D. Native material requires testing only when questionable material is encountered. Buddy Holly Ave. Water Line Change Out 02320-3 May 2012 _ I PART 3 EXECUTION 3.1 SOURCES A. Use of material encountered in the trench excavations is acceptable, provided applicable specification requirements are satisfied. If excavation material is not acceptable, provide from other approved source. Top two (2) feet of excavated material shall be used as topsoil. B. Identify off -site sources for backfill material at least fourteen (14) days ahead of intended use so that the Engineer may obtain samples from verification testing. C. Obtain approval for each material source by the Engineer before delivery is started. If sources previously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. Materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements of the specifications will be rejected. Do not use material which, after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, expense for sampling and testing required to change to a different material will be at the Contractor's expense with no additional cost to the Owner. 3.2 MATERIAL HANDLING A. Establish temporary stockpile locations as practical for material handling and control. B. Cement stabilized backfill shall be consolidated upon placement by using concrete vibrators to ensure filling of voids, filling around and under haunches of pipe and filling of spaces between corrugations. Vibration shall not be applied to the utility pipe itself. 3.3 FIELD QUALITY CONTROL A. Quality Control (1) The Engineer may sample and test backfill at: i. Sources including borrow pits, production plants, and Contractor's designated off -site stockpiles. ii. On -site stockpiles. iii. Materials placed in the Work. (2) The Engineer may resample material at any stage of work or location if changes in characteristics are apparent. B. Production Verification Testing: The Owner's testing laboratory will provide verification testing on backfill materials, as directed by the Engineer. Samples may be taken at the source or at the production plant, as applicable. Contractor shall cooperate with the Owner and Engineer in allowing access to materials. END OF SECTION Buddy Holly Ave. Water Line Change Out 023204 May 2012 i SECTION 02665 WATER PIPING, VALVES, AND FITTINGS PART1 GENERAL 1.1 SUMMARY A. This section of the specifications covers all water piping, valves, and fittings required for the rJ project. B. Section Includes: (1) Material Schedule } (2) Submittals (3) References (4) Materials (5) Polyvinyl Chloride (PVC) Pipe (6) Ductile Iron Pipe (7) Concrete Cylinder Pipe (8) Pipe Fittings (9) Flexible Couplings and Flanged Coupling Adapters (10) Pipe Joints (11) Steel Casing (12) Valves (13) Fire Hydrants (14) Polyethylene Wrap (15) Joint Restraints (16) Concrete (17) General (18) Inspection (19) Responsibility for Materials (20) Handling Pipe and Accessories (21) Alignment and Grade (22) Manner of Handling Pipe and Accessories in Trench (23) Cleaning and Inspecting (24) Laying and Jointing PVC Pipe (25) Plugging Dead Ends (26) Fittings (27) Setting Valves, Valve Boxes, Fire Hydrants and Fittings (28) Thrust Restraint (29) Excavation, Trenching and Backfilling �„ } (30) Line Testing (31) Disinfection of Pipelines (32) Installation of Steel Pipe Casing and Pipe in Casing Buddy Holly Ave. Water Line Change Out 02665-1 May 2012 (33) Pipe Identifiers (34) Cleanup 1.2 MATERIAL SCHEDULE A. 6", 8", 10" and 12" lines shall be AWWA C 900, DR 18 PVC pipe. B. Ductile Iron Fittings (AWWA C 153) C. Tapping Sleeve (ductile iron or stainless steel) D. Gate Valves E. Valve Boxes F. Fire Hydrants (AWWA C 502) G. Mechanical Joint Restraints 1.3 SUBMITTALS A. Submit all manufacturers' data for all pipe and fittings including all pipe thickness class calculations, steel casing, and casing spacers. B. Submit affidavits of compliance with appropriate standards. C. Submit product warranties. D. Submit manufacturer's installation instructions. E. Submit manufacturer's loading, unloading, and storage requirements. F. Submit product information for pipe identification tape. G. Submit concrete mix design for concrete thrust blocking. 1.4 REFERENCES A. AWWA C 104 — Cement Mortar Lining for Ductile Iron Pipe and Fittings for Water. B. AWWA C l 10 —Ductile Iron and Gray Iron Fittings, 3 inch through 48 inch, for Water. C. AWWA C l 11 — Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. D. AWWA C 104 — Rubber Seated Butterfly Valves. E. AWWA 509 — Resilient Seated Gate Valves for Water Supply. F. AWWA C 900 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 inch through 12 inch, for water distribution. G. AWWA C 905 —Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 inch through 48 inch, for water transmission and distribution. H. AWWA C 301 — Prestressed Concrete Pressure Pipe, Steel Cylinder Type, for Water and other Liquids. 1. AWWA C 303 — Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type J. ANSUAWWA C-200 Standard for Steel Water Pipe 6 Inches and Larger K. ANSI/AWWA C-205 Standard for Cement -Mortar Protective Lining and Coating for Steel Water Pipe - 4 in. and Larger -Shop Applied L. ANSUAWWA C-206 Standard for Field Welding of Steel Water Pipe M. ANSI/AWWA C-207 Standard for Steel Pipe Flanges for Water Works Service, 4" - 144" N. ANSI/AWWA C-208 Standard for Dimensions for Fabricated Steel Water Pipe Fittings O. ANSI/AWWA C-209 Standard for Cold -Applied Tape Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines a Buddy Holly Ave. Water Line Change Out 02665-2 May 2012 P. ANSI/AWWA C-210 Standard for Liquid -Epoxy Coating Systems For the Interior and Exterior of Steel Water Pipelines Q. ANSI/AWWA C-214 Standard for Tape Coating Systems for the Exterior of Steel Water Pipelines R. ANSI/AWWA C-216 Standard for Heat -Shrinkable Cross -Linked Polyolefin Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines S. ANSI/AWWA C-218 Standard for Coating the Exterior of Aboveground Steel Water Pipelines and Fittings T. ANSI/AWWA C-219 Standard for Bolted Sleeve -Type Couplings for Plain -End Pipe U. ANSI/AWWA C-222 Standard for Polyurethane Coatings for the Interior and Exterior of Steel Water Pipelines and Fittings V. AWWA M-11 Steel Pipe - A guide for Design and Installation W. ASTM A 106 Standard Specification for Seamless Carbon Steel Pipe for High -Temperature Service. X. ASTM A 53 Standard Specification for Pipe, Steel, Black and Hot -Dipped, Zinc Coated Welded and Seamless Y. ASTM E 165 Method for Liquid Penetrant Examination Z. ASTM E 709 Guide for Magnetic Particle Examination AA. ASME Section V Nondestructive Testing Examination BB.ASME Section IX Welding and Brazing Qualification. CC.AWS B2.1 Standard for Welding Procedure and Welding Qualifications. PART 2 PRODUCTS 2.1 MATERIALS A. All pipe, fittings, and valves shall be new and of the best quality in material and workmanship. B. All pipe, fittings, and valves shall conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61. C. In areas where natural gas lines exist, and are cathodically protected by means of impressed current, only electrically non-conductive pipe shall be allowed. 2.2 POLYVINYL CHLORIDE (PVC) PIPE A. PVC pipe 12 inches and smaller shall be AWWA C-900, DR-18. B. PVC pipe 14 inches and larger shall be AWWA C-905, DR-21. The outside diameter of the PVC pipe shalt be cast iron equivalent. C. PVC pipe shall be formed with an integral bell and shall be joined using a gasketed bell and spigot joint. Spigot ends shall be beveled and reference marked to facilitate joining and insure proper seating depth. Gaskets shall conform to ASTM F 477. The nominal joint length shall be twenty (20) feet. D. AWWA C-900 and C-905 pipe shall be marked as prescribed by AWWA standards including nominal size, dimension, ratio, AWWA pressure class, manufacturer's name and code, and seal of testing agency that verified the suitability of the pipe material for potable water. E. Pipe shall meet all additional test requirements as described in AWWA C-900 or C-905, as applicable. Buddy Holly Ave. Water Line Change Out 02665-3 May 2012 F. All PVC pipe shall be approved by the National Sanitation Foundation (NSF) for use in the transportation of potable water and shall bear the NSF seal of approval. 2.3 DUCTILE IRON PIPE A. Ductile Iron pipe 12" shall be Class 200. B. Ductile iron pipe to be furnished shall conform to the following standard specifications or latest revisions: (1) ANSUAWWA C I 50/A21.50-81 (2) ANSI/AWWA C104/A21.4-80 (3) ANSI/AWWA C151/A21.4-80 C. All ductile iron pipe shall be cement lined in accordance with AWWA C104-80 (ANSI A21.4) specifications. The external surface shall be coated with an asphalt base paint. D. All joint for ductile iron pipe shall be of the rubber gasket bell and spigot type, except where connecting flanged fittings, and shall otherwise conform to the base specifications to which the pipe is manufactured. E. The joint shall be latest approved type of rubber gasket joint for ductile iron pipe. F. All joints of ductile iron pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified by AWWA C 11-72 (ANSI A21.11) or its latest revision. 2.4 CONCRETE CYLINDER PIPE A. Prestressed Concrete Embedded Cylinder pipe shall be manufactured in accordance with the latest revision of AWWA C-301, B. Pretensioned Concrete Cylinder Pipe (PCCP) shall be manufactured in accordance with the latest revision of AWWAS C303-78 C. Concrete Cylinder Pipe shall withstand a minimum pressure of 150 p.s.i. longitudinally and helically. D. The joints of the pretensioned concrete cylinder pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified in AWWA C303-78. E. A Portland cement mortar shall be used to fill the annular space both inside and outside of joints in the pretensioned concrete cylinder pipe. (1) Portland cement used in the mortar shall conform to "Standard Specifications and Test for Portland Cement" A.S.T.M. serial designations C150 and C77. (2) Sand for the mortar shall conform to A.S.T.M. designation C-33-52T for fine aggregate. (3) The exterior joints on pretensioned concrete cylinder pipe shall be poured with a heavy duty diaper. (a) The width of the diaper shall be nine inches. (b) The band shall be provided with 3/8 inch x 0.20 steel straps on each side. 2.5 PIPE FITTINGS A. General: Pipe fittings shall be of a type and design especially suitable for use with the type of piping with which they are installed. Pressure rating of fittings shall not be less than that of the pipe. B. All ductile iron fittings shall have an external bituminous coating and shall be cement lined in accordance with AWWA C 104. C. Fittings shall be ductile iron and shall be mechanical joint or push -on joint unless otherwise specified or shown on the Drawings. Buddy Holly Ave. Water Line Change Out 02665-4 May 2012 D. Ductile Iron Fittings —Ductile iron fittings shall conform to AWWA C 153 110. Fittings shall be mechanical joint or push -on joint unless otherwise specified or shown on the Drawings. E. All fittings shall have a pressure rating equal to that of the pipe with which they are used but in no case less than 150 psi. F. Unless otherwise indicated, all ductile iron fittings shall have an external bituminous coating and shall be cement -lined in accordance with the specifications for coating and lining the pipe. G. All ductile iron fittings shall be cast from the same quality of metal used in casting ductile iron pipe and shall be subjected to the same test requirements. Marking and weighing shall be as required for ductile iron pipe. H. Where flanged fittings are used, the flanges shall be of the same material as the fitting. Where bell or mechanical joint fittings are used, the bells shall be cast integrally with the fitting. Screwed -on bells will not be acceptable. 2.6 FLEXIBLE COUPLINGS AND FLANGED COUPLING ADAPTERS A. Flanged coupling adapters and flexible couplings shall be provided at the locations shown on the Drawings and at other locations required for installation of the piping system. B. Flanged coupling adapters will be provided with anchoring studs to provide thrust restraint. Epoxy coated sheet construction shall be used for all couplings. All bolts, nuts, and washers shall be stainless steel. 2.7 PIPE JOINTS A. Push -on Joints — Push -on joints shall be as specified in AWWA. Standard Cl It. B. Mechanical Joints —Mechanical joints shall be as specified in AWWA Standard C111. 2.8 STEEL CASING A. Steel casing shall be new welded steel pipe with minimum yield strength of 35,000 psi meeting ASTM A36. The exterior of the casing pipe shall have a bituminous coating. B. Casing wall thickness for installation shall be in accordance with the City of Lubbock Design Standards and Specifications. C. Casing spacers shall be used to install carrier pipe inside the encasement pipe and to provide support around the periphery of the pipe should the pipe twist as it is pushed through the casing. D. The spacers shall be of a projection type that has a minimum number of projections around the circumference totaling the number of diameter inches. For example, eight (8) inch pipe shall have a minimum of eight (8) projections and eighteen (18) inch pipe shall have a minimum of eighteen (18) projections. E. Casing spacers shall use double backed tape, provided with the -spacers, to fasten tightly onto the carrier pipe so that the spacers do not move during installation. Installation instructions shall be provided with each shipment. F. Casing spacers shall have a span of ten (10) feet to six (6) feet dependent on the total load anticipated with the pipe full of liquid. The maximum load shall not exceed the load limits per spacer listed in the brochure. G. These values in the brochure include conservative safety factors for class spacer used. Spacers shall have minimum height that clears the pipe bell or as otherwise indicated on plans. Buddy Holly Ave. Water Line Change Out 02665-5 May 2012 H. Casing spacers shall be projection type totally non-metallic spacers constructed of preformed sections of high -density polyethylene. Spacers shall be ISO 9002 certified for strength and quality. I. Manufacturer: Projection type spacers shall be Raci type spacers, or equal approved by the Engineer, along with wrap around end seal made of 1/8" think rubber with stainless steel bands. 2.9 VALVES i A. Valves that are twelve (12) inches and smaller shall be gate valves unless otherwise noted on the plans or specified herein. All valves shall be designed for a working pressure of at least 150 psi unless otherwise noted. B. Gate Valves: (1) All gate valves shall be resilient seat or double disk parallel seat, iron body; bronze mounted throughout and shall meet all requirements of AWWA C 509. (2) The valves shall be of the type of joint used in the piping. (3) All valves shall open by turning to the left, and unless otherwise specified, shall have non -rising stem when buried and outside screw and yoke when exposed, and be 1 furnished with a two (2) inch operating nut when valves are buried and shall be furnished with hand wheels when exposed. (4) Gate valves shall be furnished with O-ring stem packing. (5) All gate valves shall be designed to withstand a working pressure of 200 psi unless otherwise noted. (6) Gate valves shall be meet the City of Lubbock Design Standards and Specifications. (7) All ductile iron shall conform to A536 Grade 65-45-12. Castings shall be clean and sound without defects that will impair their service. No plugging or welding of such defects will be allowed. (8) Bolts shall be electro-zinc plated steel with hex heads and hex nuts in accordance with ASTM 307 and A563, respectively. (9) All parts for valves furnished must be standard and completely interchangeable with valves of the same brand. Successful bidder to furnish to the Owner, upon request, a letter stating the type of valves to be installed and a letter from the manufacturer stating that the parts are standard and interchangeable. C. Valve Boxes and Extension Stems: (1) Extension stems shall be furnished on buried valves where the top of the operating nut is more than ninety (60) inches below finished grade. Top of the extension stem shall not be more than thirty-six (36) inches below the top of the valve box. (2) Buried valves shall be provided with cast iron valve boxes. (3) The boxes shall be designed to fit over a section of six (6) inch C 900 PVC riser pipe, which will be used, as an extension from the top of the valve to within six (6) inches of the ground surface. (4) The box shall have a heavy cast iron cover marked "Water". (5) The box shall have a flange type base, with the base being approximately four (4) inches larger in diameter than the outside diameter of the barrel of the box. (6) The necessary length of the six (6) inch C 900 PVC riser pipe required for the extension shall be considered as a part of the box. (7) Valve boxes shall be East Jordan Iron Works No. 8453, or approved equal. Buddy Holly Ave. Water Line Change Out 02665.6 May 2012 D. FIRE HYDRANTS (1) Hydrants shall meet the City of Lubbock Design Standards and Specifications (2) Hydrants shall meet AWWA C-502 (3) Hydrants shall have an iron body, bronze mounted throughout and be designed for working pressure of 150 psi. (4) Hydrants shall be traffic model type with a 5-1/4-inch valve opening, two (2) 2-1/2-inch hose nozzles, and one (1) 4-inch steamer nozzle. (5) The hydrant shall be for a 6-inch main. 2.10 TDLYETHYLENE..WRAP... ... A. All buried valves and fittings shall be thoroughly wrapped prior to installation with a polyethylene material meeting the requirements of ASTM D 1248. B. The polyethylene material shall have a minimum thickness of eight (8) mils. C. The wrap shall be secured by two (2) inch duct tape. 2.11 JOINT RESTRAINTS A. Uniflange series 1500 joint restraint for PVC pipelines or approved equal. B. Must meet all pressure testing requirements of ASTM F-1674. C. Materials must meet requirements of ASTM A-536. D. Install per manufacturer's recommendations. 2.12 CONCRETE A. Concrete may be used for blocking the pipe and fittings and shall conform to the concrete specifications, as set forth in the Section 03300 Cast -in -Place Concrete, except a minimum compressive strength of 2,800 psi will be acceptable. PART 3 EXECUTION 3.1 GENERAL A. All pipe and accessories shall be unloaded, handled, laid, jointed, tested for defects and for leakage, and disinfected in the manner herein specified. 3.2 INSPECTION A. The pipe, fittings, and accessories shall be inspected upon delivery and during the progress of the Work and any material found to be defective will be rejected by the Engineer, and the Contractor shall remove such defective material from the site of the Work. 3.3 RESPONSD31LITY FOR MATERIALS A. The Contractor shall be responsible for all material fumished and shall replace, at the Contractor's expense, all such material that is found to be defective in manufacture or has become damaged in handling after delivery. 3.4 HANDLING PIPE AND ACCESSORIES A. All pipe, fittings, and other accessories shall, unless otherwise directed, be unloaded at the point of delivery, hauled to and distributed at the site of the Work by the Contractor. B. In loading and unloading, they shall be lifted by hoists or slid, or rolled on skidways in such a manner as to avoid shock or damage to the materials. Under no circumstances shall they be Buddy Holly Ave. Water Line Change Out 02665-7 May 2012 dropped. Pipe handled on skyways must not be skidded or rolled against pipe already on the ground. C. The pipe, fittings, and accessories shall be placed along the site in such a manner as to be kept as free as possible from dirt, sand, mud, and other foreign matter. 3.5 ALIGNMENT AND GRADE A. All pipe shall be laid and maintained to the lines and grades shown on the plans or as established on the ground by the Engineer. B. The Contractor shall verify horizontal and vertical locations of items critical to the alignment and grade of the proposed water line. C. Confirm compliance with the Drawings and Specifications. D. Wherever it is necessary to deflect pipe from a straight line either in a vertical or horizontal plane to avoid obstructions, to plumb valves, or where vertical or horizontal curves are shown or permitted, the degree of deflection at each joint shall not exceed the maximum deflection noted on the Drawings. 3.6 MANNER OF HANDLING PIPE AND ACCESSORIES IN TRENCH i A. After the trench grade has been completed, all bell holes dug and the grade inspected; the pipes and accessories may be placed in the trench. B. All pipe and fittings shall be carefully lowered into the trench piece by piece by means of derricks, ropes, or other suitable tools or equipment, 'in such a manner so as to prevent damage to the material in any way. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. 3.7 CLEANING AND INSPECTING A. Before lowering into the trench, the pipe shall be again inspected for defects and the pipe, while suspended, shall be lightly hammered to detect cracks. Any defective, damaged, or unsound pipe and materials shall be rejected. B. All foreign matter or dirt shall be removed from the inside of the pipe and from all bells, spigots, or parts of the pipe used in forming the joint, before the pipe is lowered into the t trench, and it shall be kept clean by approved means during and after laying. -' C. At a time when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and no trench water shall be allowed to enter the pipe. 3.8 LAYING AND JOINTING PVC PIPE A. General: Unless otherwise directed, pipe shall be laid with bells facing in direction of laying; and for lines on appreciable slopes, bells shall, at the discretion of the Engineer, face up grade. B. Cutting of pipe for inserting fittings or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or the cement lining. C. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench overnight. At times when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and not trench water shall be permitted to enter the pipe. D. No pipe shal I be laid in water, or when the trench conditions or weather are unsuitable for such work, except by permission of the Engineer. E. Before laying the pipes, all lumps, blisters, and excess coating shall be removed from the bell and spigot ends of each pipe; the outside of the spigot and the inside of the bell shall be wire brushed and wiped clean and dry. Pipe ends shall be kept clean until joints are made. Buddy Holly Ave. Water Line Change Out 02665-8 May 2012 _Y F. Defective joints shall be repaired as directed by the Engineer. G. Mechanical Joint Piping: (1) The last eight (8) inches outside of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned to remove oil, grit, excess coating, and other foreign matter from the joint, and then painted with lubricant recommended by the pipe manufacturer. (2) The cast iron gland shall then be slipped on the spigot end of the pipe with the lip extension of the gland toward the socket or bell end. (3) The rubber gasket shall be painted with lubricant recommended by the pipe manufacturer and placed on the spigot end with the thick edge toward the gland. (4) The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. (5) The gasket shall then be pressed into place within the bell; care shall be taken to locate the gasket evenly around the entire joint. (6) The gland shall be moved along the pipe into position for bolting, all of the bolts inserted, and the nuts screwed up tightly with the fingers. (7) All nuts shall be tightened with a suitable torque limiting wrench. (8) Nuts spaced 180 degrees apart shall be tightened alternately in order to produce an equal pressure on all parts of the gland. H. If water gets in the trench before the joint is completed, or if the pipe is disturbed from line and grade after being laid, the pipe shall be taken up, the joints cleaned and the pipe re-laid. I. Immediately after completion of the jointing, sufficient bedding and backfill material shall be placed around and over the pipe to hold the pipe to line and grade. B J. Pre -molded joints shall be made in accordance with the recommendations of the manufacturer of the pipe. K. The surfaces of the jointing material on both the bell and spigot at each joint shall be wiped with the solvent recommended by the pipe manufacturer. L. The spigot shall then be firmly forced into the bell using a bar or other similar lever and a block of wood to prevent damage to the pipe. 3.9 PLUGGING DEAD ENDS A. Standard plugs shall be inserted into the bells of all dead ends and pipes, tees, or crosses and spigot ends shall be capped. B. Plugs or caps shall be jointed to the pipe or fittings in the same manner used in jointing the pipe. C. All plugs and caps shall have horizontal thrust blocks. 3.10 FITTINGS A. Fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. Concrete blocking shall be provided for all buried fittings. 3.11 SETTING VALVES, VALVE BOXES, FIRE HYDRANTS AND FITTINGS A. Valves and fittings shall be set at the locations shown on the Drawings and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. B. All valves shall be hub end as required and all valves buried in the ground shall have a cast iron or precast concrete valve box set over the valve. Buddy Holly Ave. Water Line Change Out 02665-9 May 2012 C. All valves shall be set vertical, unless otherwise specified, and shall be thoroughly checked for operation prior to installation. D. After pressure has been applied to the line, stuffing boxes shall be checked for operation prior to installation. E. After pressure has been applied to the line, stuffing boxes shall be checked and tightened if necessary. F. Valve Boxes: (1) Valve boxes shall be firmly supported and maintained centered and plumb over the wrench nut of the valve, with the box cover flush with the surface of the ground or at such a level as directed by the Engineer. (2) All valve boxes under pavement shall be adjusted to finished pavement grades. G. Fire Hydrants: (1) Fire hydrants shall be located at the points shown on the Drawings. (2) All fire hydrants shall be set plumb, to the grade established on the Drawing, and with the steamer nozzle at right angles to the street. (3) Hydrants shall be supported in such a manner as not to cause a strain on the fire hydrant lead or branch. (4) The bowl of the hydrant shall be well braced against unexcavated earth at the end of the trench with concrete blocking. (5) The concrete blocking shall be placed so as not to interfere with the hydrant drains and so that the joints of the flanges are accessible. (6) Blocking of gate valves on fire hydrants leads shall be with concrete as shown on the Drawings. (7) The hydrants shall be thoroughly cleaned of dirt or foreign matter and checked for operation prior to installation. Drain holes shall not be blocked or sealed. (8) Fire hydrants shall be installed and maintained so that the center of the lowest water outlet shall be eighteen (18) inches from the ground. (9) Fire hydrants shall be installed with the four (4) inch nozzle facing the required access way. 3.12 THRUST RESTRAINT A. All fittings, valves and fire hydrants, unless otherwise specified, shall be provided with suitably restrained joints per the manufacturer's recommendation. B. Restrained push -on or mechanical joints, mechanical joint anchoring fittings, and mechanical joints utilizing setscrew ductile iron retainer glands shall be used in lieu of concrete thrust blocking. Thrust blocking will be allowed under only under special circumstances as approved by the Engineer. 3.13 EXCAVATION, TRENCHING AND BACKFILLING. A. Backfill and compaction shall be performed in accordance of COL Ordinance 2007-00122. B. Backfill around pipe with specified granular bedding material that is free of large rocks, topsoil, debris or other unacceptable material. C. The backfill around the pipe shall be shovel sliced around the haunch of the pipe and mechanically compacted or hand tamped to a point 12 inches above the top of the pipe. D. Backfill from 12 inches above the pipe to the finished grade will be as follows: (1) For unpaved areas: Buddy Holly Ave. Water Line Change Out 02665-10 May 2012 (a) Use excavated material that is free of large rocks, debris or other material determined unsuitable by the Owner's Representative. Backfill shall be placed in maximum six (6) inch lifts and compacted to 95% Standard Proctor Density at +/- 2% optimum moisture content. (b) Each lift shall be tested at a maximum of 500 feet intervals according to ASTM designation D-698. (c) These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidder's expense. (d) Copies of these tests shall be provided to the Owners Representative. (2) For paved areas: (a) Place Cement Stabilized Backfill (CSB) meeting City of Lubbock Standards under the bottom of the pavement in a minimum of thickness of 12". (b) The backfill from 12-inches above the top of pipe to the CSB shall be in placed in maximum 6 inch lifts and compacted to 95% Standard Proctor Density. (c) Each lift shall be tested at a maximum of 500 feet intervals according to ASTM designation D-698. (d) These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidders expense. (e) Copies of these tests shall be provided to the Owners Representative. (3) The City of Lubbock will perform random spot testing at no expense to the contractor. 3.14 LINE TESTING A. After the pipe is laid and the joints completed, each section or run of piping, shall be tested as specified herein. The Contractor shall bear all costs of providing all equipment, materials, labor, and other incidentals required to test pipe lines as specified herein. B. The Contractor shall provide suitable means for filling the lines and developing the required pressure in the lines. C. Testing procedure shall be as follows: (1) Duration — The duration of the hydrostatic test shall be a minimum of four (4) hours. (2) Pressure — The pipeline shall be tested so that the pressure at the lowest point in the test section is at least 100 percent, but not greater than 120 percent of the pressure class of the pipe, and the minimum pressure at the highest point in the test section is not less than 85 percent of the pressure class of the pipe. D. Allowable Leakage — The maximum allowable leakage for push -on joints is the number of gallons per hour as determined by the following formula(s): E. PVC: Ductile Iron: (1) L = ND(P) V. L = SD(P) V. (2) 7,400 133,200 (3) where: (a) L = allowable leakage in gallons per hour (b) N = number of joints in length of pipe tested (c) S = length of pipe (d) D = nominal diameter of the pipe in inches (e) P = average of the maximum and minimum pressures within the test section in psi Buddy Molly Ave. Water Line Change Out 02665-11 May 2012 F. Any leakage which becomes evident prior to final acceptance of the project shall be found and repaired to the satisfaction of the Engineer even though the particular line has been previously accepted and tested. 3.15 DISINFECTION OF PIPELINES A. The Contractor shall furnish all labor, equipment, and materials necessary for the disinfection of all pipe lines, which shall be disinfected before being placed in service. B. The lines shall be disinfected by the application of a chlorinating agent in accordance with the requirements of AW WA C 651, include the placement of hypochlorite granules in the pipe during construction. C. The Contractor shall notify the Engineer 48 hours in advance of disinfection so that the Engineer or Owner's Representative may witness the disinfection activities. D. Quality Assurance: (1) Bacteriological sampling and test will be performed in accordance with the latest requirements of Standard Methods for the Examination of Water and Wastewater. (2) The City of Lubbock laboratory will be used for bacteriological testing. E. Chemicals: (1) Acceptable disinfectants are liquid and solid forms of hypochlorites. Liquid chlorine gas is not acceptable. (2) Acceptable chemicals for neutralizing chlorinated water are liquid and solid forms of sodium bisulfate, sodium sulfite, and sodium thiosulfate. (3) The water being used to fill the line shall be controlled to flow into the section to be sterilized very slowly, and the rate of application of the chlorinating agent shall be proportioned at least fifty (50) parts per million in the water entering the pipe. F. Temporary Facilities: (1) Provide temporary taps or blowoffs as required. As a minimum, use a two (2) inch diameter steel pipe and fittings with isolation valves and sampling taps. (2) Water used for the initial flushing as well as the final chlorination shall be introduced into the pipeline through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. (3) No connection to the existing distribution system is allowed until the pipeline has passed all bacteriological testing. G. Final Flushing: (1) Flush the water system of the highly chlorinated water within twenty-four (24) hours of initial chlorination. (2) Flush water in a location and manner approved by the Engineer. (3) Neutralize the highly chlorinated water to a maximum free chlorine residual of 1.0 mg/L. H. Sampling and Analysis: (1) Collect bacteriological samples at intervals no more than 1000 feet and one (1) sample from each end of the pipeline in the presence of the Engineer or Owner's representative. (2) The Owner's representative or the Engineer shall deliver the samples to the City of Lubbock Health Department or the City of Lubbock Water Treatment Laboratory for analysis. (3) Collect samples after the initial disinfection and after the facilities have been filled with chlorinated water and a free chlorine residual of at least 0.5 mg/L has been detected. 1. Acceptance: Buddy Holly Ave. Water Line Change Out 02665-12 May 2012 (1) Facilities will be considered properly disinfected when two (2) consecutive sets of acceptable bacteriological samples, taken at least twenty-four (24) hours apart, have indicated the absence of coliform organisms. J. After acceptance by the Engineer, remove all temporary facilities and properly plug test taps. The pipeline may then be connected to the City of Lubbock water distribution system. 3.16 INSTALLATION OF STEEL PIPE CASING AND PIPE IN CASING A. Installation of the casing pipe sleeves shall be accomplished by boring as specified herein. B. Equipment used shall be such size and capacity as to allow the placement of the casing to proceed in a safe and expeditious manner. Installation of the casing and the excavation and removal of the materials within the casing shall proceed simultaneously. C. The boring shall proceed from a pit provided for the boring equipment and workers. D. Excavation and location of the pit shall be approved by the Engineer and County as appropriate. E. Boring without the concurrent installation of the casing pipe will not be permitted. F. The use of water or other fluids in connection with the boring operation will be permitted only to the extent of lubricating cuttings. G. Jetting will not be permitted. H. Overcutting in excess of one (1) inch shall be remedied by concrete pressure grouting the entire length of the installation. I_ All casing pipe joints shall be welded. J. Care shall be taken to keep the pipe sleeve on the proper line and grade. K. After the casing pipe has been jacked and bored and is accepted by the Engineer, the pipe shall be shoved through the casing. L. The pipe shall be pushed or pulled through the casing by exerting pressure on the barrel of the pipe and not on the bell, and shall be done in such a manner that the joint is always in compression during the shoving operation. 3.17 PIPE IDENTIFIERS A. Marking Tape: (1) All pipes installed in an open trench will be identified with the appropriate color and description of three (3) inch wide pipe identification tape. (2) Install the tape parallel to the pipe it identifies at a distance above the pipe of twelve (12) to eighteen (18) inches. (3) Above non-metallic (PVC) pipe material, install a tape detectable with a metal detector from the top of finished grade. (4) Install detectable tape as deep as it can be detected but no closer to the non-metallic pipe than twelve (12) inches. B. Locator Wire: (1) On non-metallic (PVC) pipe material, install twelve (12) gauge minimum solid copper with 30 mil HDPE thermoplastic insulation directly above piping. 3.18 CLEANUP A. The backfill shall be rounded up over the trench sufficiently to allow for future settlement and any excess dirt shall be removed from the site. �E t� Buddy Holly Ave. Water Line Change Out 02665-13 May 2012 B. The Contractor shall maintain the trench surfaces in a satisfactory manner until final completion and acceptance of the Work. C. The maintenance shalt include blading from time to time as necessary, filling depressions caused by settlement, and other work required to keep areas in a presentable condition. END OF SECTION Buddy Holly Ave. Water Line Change Out 02665-14 May 2012 SECTION 03300 CAST -IN -PLACE CONCRETE PART1 GENERAL 1.1 SUMMARY A. This Section includes, but is not limited to cast -in -place concrete, including formwork, reinforcing, mix design, placement procedures, curing, and finishes. a B. Section Includes: (1) Definitions (2) Submittals (3) Quality Assurance (4) Deliver, Storage and Handling C. (5) Form -Facing Materials (6) Steel Reinforcement (7) Reinforcement Accessories (8) Concrete Materials (9) Admixtures (10) Curing Materials -- (11) Repair Materials (12) Concrete Mixes (13) Fabricating Reinforcement (14) Concrete Mixing (15) Formwork (16) Embedded Items (17) Removing and Reusing Forms (18) Shores and Reshores (19) Steel Reinforcement (20) Joints j (21) Concrete Placement L. (22) Miscellaneous Concrete Items (23) Concrete Protecting and Curing (24) Field Quality Control 1.2 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of _ blended hydraulic cement, fly ash or other pozzolans, ground granulated blast -furnace slag, and silica fume. 1.3 SUBMITTALS A. Product Data: For each type of manufactured material and product indicated. Buddy Holly Ave. Water Line Change Out 03300-1 May 2012 B. Design Mixes: For each concrete mix, include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. C. Indicate amounts of mix water withheld for later addition at Project site. Water added at project site will not be permissible without paperwork showing how much water has been withheld. 1.4 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed concrete work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. C. Manufacturer must be certified according to the National Ready Mixed Concrete Association's Certification of Ready Mixed Concrete Production Facilities. D. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. E. ACI Publications: Comply with the following, unless more stringent provisions are indicated: (1) ACI 301 — Specification for Structural Concrete (2) ACI 117 — Specifications for Tolerances for Concrete Construction and Materials. 1.5 DELIVERY, STORAGE AND HANDLING A. Deliver, store, and handle steel reinforcement to prevent bending and damage. B. Avoid damaging coatings on steel reinforcement. PART 2 PRODUCTS 2.1 FORM -FACING MATERIALS A. Smooth -Formed Finished Concrete: Form -facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable size to minimize number of joints. B. Plywood, metal, or other approved panel material. C. Rough -Formed Finished Concrete: Plywood, lumber, metal, earth, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit. D. Chamfer Strips: Wood, metal, PVC, or rubber strips, % by % inch, minimum.\ E. Form -Release Agent: Commercially formulated form -release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. F. Formulate form -release agent with rust inhibitor for steel form -facing materials. G. Form -Ties: Factory -fabricated, removable or snap -off metal or glass -fiber -reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. H. Furnish units that will leave no corrodible metal closer than one (1) inch to the place of the exposed concrete surface. 1-1, Buddy Holly Ave. Water Line Change Out 03300-2 May 2012 I. Furnish ties that, when removed, will leave holes less than one (1) inch in diameter in concrete surface. J. Furnish ties with integral water -barrier plates to walls indicated to receive damp proofing or waterproofing. 2.2 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615, Grade 60, deformed 2.3 REINFORCEMENT ACCESSORIES A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. B. Manufacture bar supports according to CRSI's Manual of Standard Practice from steel wire, plastic, and as follows: (1) For concrete surfaces exposed to view, where legs of wire bar supports contact forms, use CRSI Class 1 plastic -protected or CRSI Class 2 stainless -steel bar supports. (2) For slabs -on -grade, use supports with sand plates or horizontal runners where base material will not support chair legs. (3) Wood, concrete, or clay blocks are not permissible. C. Joint Dowel Bars: Plain -steel bars, ASTM A 615, Grade 60. Cut bars true to length with ends square and free of burrs. 2.4 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I. B. Fly Ash: ASTM C 618, Class C. C. Normal -Weight Aggregate: ASTM C 33, uniformly graded, and as follows: D. Class: Moderate weathering region, but not less than 3M. E. Water: Potable and complying with ASTM C 94. 2.5 ADMIXTURES A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water- soluble chloride ions by mass of cementitious material and to be compatible with other admixtures and cementitious materials. Do not use admixtures containing calcium chloride. B. Air -Entraining Admixture: ASTM C 260. C. Water -Reducing Admixture: ASTM C 494, Type A. D. High -Range, Water -Reducing Admixture: ASTM C 494, Type F. E. Water -Reducing and Accelerating Admixture: ASTM C 494, Type E. F. Water -Reducing and Retarding Admixture: ASTM C 494, Type D. G. Moisture Retaining Film: Dayton Superior — Sure Film J-74. 2.6 CURING MATERIALS A. Clear, Waterborne, Membrane -Forming Curing Compound: ASTM C 309, Type 1, Class B. B. Curing blankets approved by the Engineer. 2.7 REPAIR MATERIALS A. Repair Underlayment: Cement -based, polymer -modified, self -leveling product that can be applied in thicknesses from 1/8 inch and that can be feathered at the edges to match adjacent elevations. Buddy Holly Ave. Water Line Change Out 03300-3 May 2012 B. Cement Binder: ASTM C 150, Portland Cement or hydraulic or blended hydraulic cement as defined in ASTM C 219. C. Primer: Product of underlayment manufacturer recommended for substrate, conditions, and application. D. Aggregate: Well -graded, washed gravel, 1/8 to 1/4 inch, or coarse sand as recommended by underlayment manufacturer. E. Compressive Strength: Not less than 4100 psi at 28 days when tested according to ASTM C 109. 2.8 CONCRETE MIXES A. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field data bases, as follows: (1) Proportion normal -weight concrete according to ACI 211.1 and ACI 301. (2) Standard design mix to be used unless noted otherwise, provide normal weight concrete with the following properties: (3) Compressive Strength (28 days): 3000 psi (4) Type I cement (5) Fly Ash: Allow up to 25% of cementitious material (6) Minimum Slump: 4 inches (7) Maximum Slump: 6 inches (8) Maximum Slump for Concrete Containing High -Range Water -Reducing Admixture: 8 inches after admixture is added to concrete with 2 to 4 inch slump. (9) Maximum Water/Cementitious Materials Ratio: 0.55 (10) Add air -entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of five (5) to seven (7) percent, unless otherwise indicated. B. Cementitious Materials: (1) For concrete exposed to deicers, limit percentage, by weight, of cementitious materials other than Portland cement according to ACI 301 requirements. (2) Limit percentage, by weight, of cementitious materials other than Portland cement in concrete as follows: (a) Fly Ash: 20 percent (b) Do not air entrain concrete to trowel -finished interior floors and suspended slabs. Do not allow entrapped air content to exceed 3 percent. (c) Admixtures with chloride ions are prohibited. C. Admixtures: (1) Use admixtures according to manufacturer's written instructions. (2) Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in concrete, as required, for placement and workability. (3) Use water -reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions. (4) Use water -reducing admixture in pumped concrete, concrete for heavy -use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a water/cementitious materials ratio below 0.50. Buddy Holly Ave. Water Line Change Out 033004 May 2012 2.9 FABRICATING REINFORCEMENT A. Fabricate steel reinforcement according to CRSi's Manual of Standard Practice. 2.10 CONCRETE MIXING A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94, and as specified. B. When air temperature is between 85 degrees Fahrenheit and 90 degrees Fahrenheit, reduce mixing and delivery time from ninety (90) minutes to seventy-five (75) minutes, and when air temperature is above 90 degree Fahrenheit, reduce mixing and delivery time to sixty (60) minutes. PART 3 EXECUTION 3.1 FORMWORK A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until concrete structure can support such loads. B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. C. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual, as follows: (1) Class B, 1/4 inch (2) Construct forms tight enough to prevent loss of concrete mortar. (3) Fabricate forms for easy removal without hammering or prying against concrete surfaces (4) Provide crush or wrecking plates where stripping may damage cast concrete surfaces. (5) Provide top forms for included surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts form forming keyways, reglets, recesses, and the like, for easy removal. (6) Do not use rust -stained steel form -facing material. (7) Set edge of forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. (8) Provide and secure units to support screed strips, use strike -off templates, or compacting type screeds. (9) Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. (10) Chamfer exterior corners and edges of permanently exposed concrete. (11) Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items. (12) Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. (13) Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. (14) Coat contact surfaces of forms with form -release agent, according to manufacturer's written instructions, before placing reinforcement. Buddy Holly Ave. Water Line Change Out 03300-5 May 2012 3.2 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast -in -place concrete. B. Use Setting Drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. C. Install anchor bolts, accurately located, to elevations required. 3.3 REMOVING AND REUSING FORMS A. Formwork, for sides of beams, walls, columns and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50 degree Fahrenheit for 52 hours after placing concrete provided concrete is hard enough to not be damaged by form -removal operations and provided curing and protection operations are maintained. B. Leave formwork, for beam soffits, joist, slabs, and other structural elements, that supports weight of concrete in place until concrete has achieved the following: (1) At least 70 percent of 2Way design compressive strength. C. Determine compressive strength of in -place concrete by testing representative field or laboratory cured test specimens according to ACI 301. D. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or ' otherwise damaged form -facing material will not be acceptable for exposed surfaces. Apply 1 new form -release agent. E. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect. 3.4 SHORES AND RESHORES A. Comply with ACI 318, ACI 301, and recommendations in ACI 347R for design, installation, and removal of shoring and reshoring. B. Plan sequence of removal of shores and reshore to avoid damage to concrete. Locate and provide adequate reshoring to support construction without excessive stress or deflection. 3.5 STEEL REINFORCEMENT A. Comply with CRSI's Manual of Standard Practice for placing reinforcement. B. Do not cut or puncture vapor retarder. Repaid damage and reseal vapor retarder before placing concrete. C. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. D. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. E. All reinforcement to be in place prior to placing of concrete. Equipment will not be allowed to drive over reinforcement. 3.6 JOINTS A. Construction joints true to line with faces perpendicular to surface plane of concrete. B. Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. Buddy Holly Ave. Water Line Change Out 03300-6 May 2012 C. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs. D. Form from preformed galvanized steel, plastic keyway -section forms, or bulkhead forms with keys, unless otherwise indicated. Embed keys at least 1- 1/2 inches into concrete. E. Locate joints for beams, slabs, joists, and girders in the middle third of spans. Offset joints in girders a minimum distance of twice the beam width from a beam -girder intersection. F. Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and girders and at the top of footings or floor slabs. G. Space vertical joints in walls as indicated. Locate joints beside piers integral with walls, near corners, and in concealed locations where possible. H. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. 1. Contraction Joints in Slabs -on -Grade: Form weakened -plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one- fourth of concrete thickness, as follows: (1) Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond -rimmed blades. Cut 1/8 inch wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks. (2) Curb and Gutter Joints: Curbs and gutter shall be constructed with an expansion joint at the tangent point on each return at intersections and at the end of each day's concrete pour. (a) A construction or contraction joint shall be located at intervals corresponding to the joint interval of the adjacent concrete pavement or as directed by the Owner's Representative. (b) Joints in the new concrete pavement shall extend through the new curb and gutter unless otherwise directed by the Owner's Representative. (c) All joints shall be perpendicular to the surface of the concrete and to the axis of the section. (d) The contraction joints shall be made by cutting into the curb and gutter sections with a trowel a depth of 22 inches; these joints shall be finished as specified under finishing. (e) Expansion joint material shall be an approved preformed bituminous impregnated non -extruding type jointing material, meeting the requirements of AASHTO M 213. The joint material shall be 1 /2 inch thick, and shaped to the section of the curb and gutter or other work. (3) Sidewalk Joints: Space contraction joints at 4 feet and expansion joints every 20 feet. Expansion joints shall be placed between existing and new setting of concrete. (4) Dowel Joints: Install dowel sleeves and dowels or dowel bar and support assemblies at joints where indicated. (a) Use dowel sleeves or lubricate or asphalt -coat one-half of dowel length to prevent concrete bonding to one side of joint. 3.7 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. Buddy Holly Ave. Water Line Change Out 03300-7 May 2012 i1 Fl t_ s B. Do not add water to concrete during delivery, at Project site, or during placement, unless approved by the Engineer. C. Before placing concrete, water may be added at Project site, subject to limitations of ACI 301. D. Do not add water to concrete after adding high -range water -reducing admixtures to the mix. E. Water may not be added beyond the limit of water withheld from the plant. F. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. G. If a section cannot be placed continuously, provide construction joints as specified. H. Deposit concrete to avoid segregation. I. Deposit concrete in forms in horizontal layers no deeper than 24 inches and in a manner to avoid inclined construction joints. Place each layer while preceding layer is still plastic, to avoid cold joints. J. Consolidate placed concrete with mechanical vibrating equipment. Use equipment and procedures for consolidating concrete recommended by ACI 309R (1) Do not use vibrators to transport concrete inside forms. Inset and withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. (2) Place vibrators to rapidly penetrate placed layer and at least 6 inches into preceding layer. (3) Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. (4) At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix constituents to segregate. K. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete. L. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners. M. Maintain reinforcement in position on chairs during concrete placement. N. Screed slab surfaces with a straightedge and strike off to correct elevations. O. Slope surfaces uniformly to drains where required. P. Begin initial floating using bull floats or darbies to form a uniform and open -textured surface plane, free of humps or hollows, before excess moisture or bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations. Q. Cold Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. (1) When air temperature has fallen to or is expected to fall below 40 degree Fahrenheit, uniformly heat water and aggregates before mixing to obtain a concrete mix temperature of not less than 50 degrees Fahrenheit and not more than 80 degrees Fahrenheit at point of placement. (2) Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. (3) Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved in mix designs. Buddy Holly Ave. Water Line Change Out 03300-8 May 2012 1 R. Hot Weather Placement: Place concrete according to recommendations in ACI 350R and as follows, when hot weather conditions exist: S. Cool ingredients before mixing to maintain concrete temperature below 90 degrees Fahrenheit at time of placement. T. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. U. Using liquid nitrogen to cool concrete is Contractor's option. V. Cover steel reinforcement with water -soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. W. Fog -spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.8 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. B. Mix, place, and cure concrete, as specified, to blend with in -place construction. Provide other miscellaneous concrete filling indicated or required to complete Work. 3.9 CONCRETE PROTECTION AND CURING A. Protect freshly placed concrete from premature drying and excessive cold or hot , temperatures. Comply with ACI 306.1 for cold -weather protection and with recommendations in ACI 305R for hot -weather protection during curing. B. Formed Surfaces: Cured formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. (1) Leave forms in place for a minim of 3 days. (2) Upon removal of forms, apply approved curing compound. C. Unformed Surfaces: Begin curing immediately after finishing concrete. (1) Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces, by the following method: D. Concrete shall be wet cured for 3 days after concrete placement. Wet curing shall begin immediately after final finishing of slab surface and shall consist of continuous misting by sprinkler or wet burlap. (1) No work will be permitted on the slab during wet curing. E. Immediately after removal of sprinkler or burlap, Contractor shall apply approved curing compound. F. During cold weather concrete placement, in lieu of wet curing, the Contractor shall place plastic sheets over the concrete surface with blankets over the plastic. Plastic shall remain in place for 3 days. G. Sealing Coat: Uniformly apply a continuous sealing coat of curing and sealing compound to hardened concrete by power spry or roller according to manufacturer's written instructions. 3.10 FIELD QUALITY CONTROL A. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device will be permitted by the Engineer. END OF SECTION Buddy Holly Ave. Water Line Change Out 03300-9 May 2012 PUBLIC WORKS ENGINEERING 6" WATER LINE CHANGE OUT IN BUDDY HOLLY AVE FROM 18TH ST TO 23RD ST MAYOR GLEN ROBERTSON CITY COUNCIL VICTOR HERNANDEZ, FLOYD PRICE, TODD KLEIN, PAUL BEANE. KAREN GIBSON, LATRELLE JOY CITY MANAGER LEE ANN DUMBAULD Old i ��i■iiaiii� ; VICBJITY MAP 1714P- ubliock MAY 2012 CHIEF OPERATIONS OFFICER MARSHA REED, P.E. CITY ENGINEER WOOD FRANKLIN, P.E. CHIEF WATER UTILITIES ENGINEER JOHN TURPIN, P.E. i a i @o a a I Jim Noll� � �$ J,I ICo N� ► ► ul f� sm�jai Rp € RR SR �J SEA X. w 21 o g • es;