Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution - 2011-R0528 - Contract - Utility Contractors Of America Inc.- Lubbock Downtown Redevelopment - 11_16_2011 (3)
Resolution No. 2011—RO528 November 16, 2011 Item No. 5.9 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. 10280 EDA Award No. 08-01-045531 for Lubbock Downtown Redevelopment, by and between the City of Lubbock and Utility Contractors of America, Inc. of Wolfforth, Texas, and related documents, Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on November 16, 2011 TOM MARTfN, MAYOR ATTEST: -Q . 0'.4 1 - -,.- ��� --- Rebe ca Garza, City Secreta APPROVED AS TO CONTENT: aAA� &J . Marsha Reed, P.E., Chief bperations Officer APPIOVED AS TO FORM: i Chad Weaver, Assistant City Attorney vwxcdoes/RES.Contract-Utility Contractors of America, Inc. November 7, 2011 November 23, 2011 0 fikirtwt iibliock NOTICE OF AWARD Utility Contractors of America, Ltd Attn: Ty Lane 927 Highway 62 Wolfforth, Texas 79382 a 0 11- 9 b s,Pg Subject: Bid 12-10280-MA Lubbock Downtown Redevelopment Dear Mr. Lane: Official notice that award of the above -referenced project is made to your firm in accordance with the terms and conditions of the proposal and subject to contract. The value of the award is Two Million Seventy Four Thousand Five Hundred and Eight ($2,074,508.00 including tax. This award does not constitute a contract. You have ten (10) business days from this notice, exclusive of the day of notice, to provide a contract with the duly authorized ' signatures affixed thereto your original Insurance Certificate and original Insurance Certificates for all sub -contractors. All Insurance Certificates must be in compliance with "CONTRACTOR'S INSURANCE" Section of the bid and with the following additional insured endorsement: "City of Lubbock, its officers, agents and employees are named as primary additional insured's on General Liability policies, with respect to 12- 10280-MA. , Endorsement #: ". The endorsement number must be included in this statement. The Insurance Certificates must include a Waiver of Subrogation in favor of the City of Lubbock on General Liability, Automobile Liability, and Worker's Compensation policies. The Certificate Holder is City of Lubbock, c/o City of Lubbock Purchasing Department, 1625 13`h Street, Suite 204, Lubbock, Texas 79401. Upon satisfactory fulfillment of these requirements, a written Notice To Proceed will be issued. THIS LETTER IS NOT A NOTICE TO PROCEED. A NOTICE TO PROCEED WILL BE ISSUED BY THE PURCHASING DEPARTMENT AND OWNER'S REPRESENTATIVE UPON RECEIPT OF THE EXECUTED CONTRACTS, ALL APPLICABLE INSURANCE CERTIFICATES IN COMPLIANCE WITH SPECIFIED INSURANCE REQUIREMENTS, REQUISITE BOND(S), AND SIGNED NOTICE OF AWARD. The time for completion of work is Three Hundred (300) CALENDAR DAYS from the date of commencement specified in the Notice to Proceed and with the understanding that time is of the essence. Liquidated damages is the sum of ONE THOUSAND FORTY DOLLARS ($1,040) for each calendar day in excess of the time set forth herein above for completion of this project, as more fully set forth in the general conditions of the contract documents. Please to acknowledge receipt and acceptance of this Notice of Award by signing in the space provided on the second page and RETURNING BOTH ORIGINAL PAGES to the City of Lubbock Public Works Contracting Office within TEN (10) BUSINESS DAYS as specified in the proposal documents. Congratulations on your efforts and we look forward to working with you on this project. ISSUED BY Owner: CITY OF LUBBOCK t s ' f 2011 by: Marta Alvarez Signatur Title: Director of Purchasing & Contract Mana ement ACCEPTANCE OF NOTICE Receipt of the foregoing Notice of Award is hereby acknowledged Company: Utility Contractors of America Proposal: 12-10280-MA Contract No.10280 by: n ' A Signature: BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: 11/16/2011 CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK DOWNTOWN REDEVELOPMENT ITB # 12-10280-MA CONTRACT # 10280 PROJECT NUMBER: 8557 Public Utility Engineering & Coordination EDA AWARD NUMBER 08-01-045531 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY www.thereproductioncom-oany.com 1iibv0,Ck 4 T E X A S CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE 1 ADDEDNUMS ` No Text ADDENDUM # 1 ITB 12-102-80-MA City of Lubbock DOWNTOWN REDEVELOPMENT DATE ISSUED: OCTOBER 27, 2011 CLOSE DATE: OCTOBER 31, 2011 @ 2:00 PAL The following items take precedence over plans and specifications for ITB . Where any item called for in the bid documents is supplemented here, the original requirements, not �., affected by this addendum, shall remain in effect. Please be advised: 1) Bidders must submit the REVISED BID Submittal form attached. 2) Engineers ADDENDUM NO. 1, attached. All`requests'for'additional information or clarification must`be`sulmitted in writing and directed: Marta Alvarez, Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to.malvarez@mylubbock.us. THANK YOU, CITY OF LU13BOCK Marta .Alvarez It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's responsibility to advise the City of Lubbock Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this bid `t documents 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 proposal close date. A review of such notifications will be { made. P.O. Box 2000 ■ 1625 13`h Street ■ Lubbock, TX 79457 ■ 806.775.2171 ■ Purchasing and Contract Management r • Page 2 City of Lubbock DOWNTOWN REDEVELOPMENT ADDENDUM NO. 1 A. SCOPE. This addendum No. 1 consists of pages 1 to 2 and Attachments, which are to be included in the Contract Documents. B. SPECIFICATIONS. 1. Section: Project Scope. Page 2. Replaced "The City of Lubbock" with "This Project". 2. Section: Approved Condnit.'Page 4. Included "schedule 40" 3. Section: Atmos Energy, Contractor will. Page 9. Revise sentence a. The Sentence originally read "Contractor will insure that he is signed up with the City of Lubbock as a contractor with Atmos energy". 4. Section: Bid Unit Description. Page 10. Expanded definition of Handhole Arrangements. 5. Section 02222 Excavation, Trenching and Backfllling for Utilities: Added paragraph 3.1 B. clarifying that rock excavation if encountered will not increase contract amount or contract time. C. BID FORM 1. Quantities for several items have been revised. 2. Species of new trees have been added to the bid item description. City of Lubbock .y DO"TOWN REDEVELOPMENT EDA AWARD NUMBER 08-01-045531 Phase 1 Project -' CONDUIT SYSTEM SPECIFICATIONS 3 PREPARED BY: F Parkhill, Smith & Cooper, Inc. & SGS Engineering LLC fs� , I Introduction The purpose of this document is to provide specifications for an underground duct system for the utilities affected by the relocation of existing overhead electric and communication cables within the Lubbock Downtown Redevelopment Project. This construction work will provide the downtown area with an underground electric, gas, and communication system capable of serving the downtown Lubbock area for many years. Project Scope This Project will provide the trench with a conduit and piping system for the relocated utilities within the downtown redevelopment project area. This conduit corridor will provide an underground system of conduits for five Lubbock utility companies as well as the City of Lubbock. These Utility companies include: Lubbock Power & Light, Atmos Energy, Sudden Link, NTS Communications, and AT&T. The project will include: trench excavation, trench backfilling, installation of the duct system, and replacing affected surface infrastructure. The specifications are generally divided into two sections. Parkhill, Smith & Cooper (PSC) has developed plans and specifications to address the excavation and restoration of the trench. SGS Engineering (SGS) has developed the plans for the duct system to be installed in the trench. Overview Phase 1 of the Downtown Redevelopment Project is generally bounded by I Oh Street on the north and 191h Street on the South and from Avenue Q to Avenue L east to west.. A five foot wide "green area" has been designated adjacent to the streets in each block where possible for aesthetic improvements to downtown Lubbock. The trench system will be located adjacent to the designated green area. The west side of Avenue O has been designated a North -South backbone conduit corridor. An East-West backbone conduit corridor runs from Avenue O to Avenue L. A duct system to provide service to customers will be installed in the block between Broadway and Main and between Avenue Q and Avenue O. rl Standard of Work 1) All work shall be done in a thorough and workmanlike manner in accordance with the Plans, Specifications, and Construction Drawings. General A. Drawings and MUs i. All drawings and maps accompanying this Specification or listed herein shall be considered a part of these Plans and Specifications. ii. Accompanying drawings are as follows: Phase I Overall Conduit System C I Phase I Conduit System C2 Phase I Conduit System C3 Phase I Conduit System C4 Phase I Conduit System C5 Phase I Conduit System C6 Phase I Conduit System C7 Phase I Conduit System C8 Phase I Conduit System C9 Trench Profile TPOI Trench Profile TP02 Phase I Details DTOI Safety j A. The work shall be performed in accordance with all applicable Federal, State, and Local Safety Regulations. B. The Contractor shall be responsible for the observance of proper safety practices and the avoidance of unnecessary damage to property by all personnel engaged in the work. i. The Contractor shall take all steps necessary to prevent damage or interference with existing power lines, communication facilities, roadways, railroads, waterways, buried cables, pipelines, and other facilities adjacent to or crossing the project right-of-way. ii. Neither the professional activities of the DESIGN PROFESSIONAL, nor the presence of the DESIGN PROFESSIONAL or the DESIGN PROFESSIONAL's employees and sub -consultants at the construction site, shall relieve the General Contractor and any other entity of their obligations, duties, and responsibilities including, but not limited to, construction means, methods, sequences techniques, or procedures necessary for performing, superintending, or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. iii. The DESIGN PROFESSIONAL and DESIGN PROFESSIONAL's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. iv. The General Contractor is solely responsible for jobsite safety. Trench Profile a) Trench profiles for each section of the Downtown Redevelopment are detailed in the drawings. The profile addresses the size of the excavated trench as well as the size and location of each conduit or pipe in a particular trench section. b) It is the responsibility of the contractor to match these specifications and drawings when constructing any portion of the trench. Conduit APPROVED CONDUIT i. All conduit shall be electrical grade, rigid, nonmetallic, schedule 40, and of standard trade size (2",4", or 6"diameter) as provided by Innerduct or approved equal. Contact information for Innerduct is 409 Seventh Avenue SE, Cedar Rapids, Iowa 52405. Phone — 800, 332.8I 14. ii. For 2", 4", and 6" conduit, the only approved type is HDPE (high density polyethylene), which shall conform to the following color scheme. The conduit shall be a solid color as identified. Actual color assignments are subject to change. USE OF CONDUIT 1. Red Conduit: Dedicated to LP&L's distribution. 2. Yellow Conduit: Dedicated to the City of Lubbock Traffic and Communication 3. Green Conduit: Dedicated to NTS Communications. 4. Blue Conduit: Dedicated to Sudden Link. 5. Orange Conduit: Dedicated to AT&T Communications. 4 i. The Contractor shall provide and install the conduit system in accordance with the layout provided by SGS Engineering's approved design drawings. ii. SGS Engineering must approve in writing any proposed changes to the conduit or conduit layout. 44 SGS Engineering reserves the right to approve the type of conduit to be used prior to installation. iii. Conduits are required for all cables runs. Each utility shall furnish and install the number and type of conductors/cables within each individual conduit. iv. The conduits as well as all associated components (terminal adaptors, couplings, elbows, etc.) shall be furnished and installed by the Contractor. CONDUIT INSTALLATION i. The contractor shall ensure throughout the duration of the project all conduits remain free from obstruction and debris. ii. Conduit shall be run in a straight and level path wherever possible, as specified by drawings. The only abrupt changes in conduit direction (elevation or sideways) shall be to circumnavigate obstruction by pre-existing obstructions, or to accommodate entrance into junction boxes for each individual company. Exceptions will be made for bends at pad mounted equipment, handholes, or manholes. iii. All joints are to be cemented using the material and methodology recommended by the manufacturer. iv. Both ends of each run are to be capped to ensure the conduit remains clean and dry and free from internal debris. V. The LP&L conduit as well as the Atmos piping shall be covered with bedding material as shown on the drawings. A concrete slurry as defined herein shall be used as the backfill material of the trench to the point as required to be the base material for the final surfacing. CONDUIT AND PIPE SPACING A. Spacers will be utilized wherever possible in order to maintain direction and placement of conduit within the trench. Spacer groups shall be spaced no more than 10' apart along the trench. i. Spacers shall be GS Industries of Bassett, Ltd. "Underground Spacers" -Product code 186-1 et. Al or approved equal. These spacers shall be used throughout the conduits' F installation in order to maintain direction, plumb and spacing of conduit. Contact information for GS Industries is 85 Rosemont Road, Bassett, Virginia 24055. Phone is 800, 445-2192. ii. Spacers for Conduits used in power distribution (LP&L) shall be as follows: 1. For 6" conduits, spacers shall be Underground Products of Bassett, VA, Product Codes 133-1 and 132-1. 2. For 4" conduits, spacers shall be Underground Products of Bassett, VA, Product Codes 186-1 and 185-1. iii. Spacers for Conduits occupied by City of Lubbock, Sudden Link, NTS, AT&T 1. For 4" conduits, spacers shall be Underground Products of Bassett, VA, Product Codes 186-1 and 185-1. 2. For 2" conduits, affix conduits in 4" conduit spacers Underground Products of Bassett, VA, Product Codes 186-1 and 185-1. iv. Atmos Pipe and Valve Installation Handholes a. In order to isolate the bedding material surrounding the piping designated for Atmos Energy from the slurry used to backfill all other conduits, a plywood barrier 12" tall by the required length shall be affixed to the utility conduit stack, thereby creating a form for the Atmos pipe bedding material. b. in order to affix the plywood dividers to the adjacent conduit spacers Underground Products of Bassett, VA Product Code 93-1 or approved equal shall be used. c. Atmos Energy shall provide all 2"and 4" piping for its requirements. Atmos Energy will also provide the required valves and associated items required for their installation as shown on the drawings. d. Specific Atmos Energy installation requirements included herein shall be strictly adhered to by the contractor. e. The contractor actually performing all of the work on the Atmos Energy facilities shall be an Atmos approved contractor. 6 A. As shown on the drawings the Contractor shall install a group of handhole boxes at almost every corner, one for each of the communication utilities and the City of Lubbock. The handhole boxes shall be ARMORCAST: 24" X 36" X 36" (depth) or 24" X 36" X 48" (depth) Polymer Concrete Box and Cover Assembly. The contact information for Armorcast Products Company, 13230 1 Saticoy Street, North Hollywood, California 91605. Phone— 818, 982-3600. B. A terminal adaptor with a sealing lock nut shall conjoin all conduits to handholds. Installation of handholes shall occur on bedding material, so as to provide an adjustable surface for positioning both laterally and vertically. C. The handhole boxes will be placed such that the top cover plate shall be level with the concrete pedestrian sidewalk. D. Each handhole shall have a cover which identifies the primary contents therein, and shall be cast with one of the following identifiers: "AT&T", "NTS", "Sudden Link", "City of Lubbock" E. The handholes will be located by the Engineer. Manholes A. Manholes will be installed generally where indicated on the drawings. The actual locations of the manholes will be provided by the Engineer. The manholes shall be furnished by the contractor for the communications utilities as required. Manholes shall generally be located in the designated green areas. Each manhole will be used by a single communication utility. The conduits of the appropriate utility will move from the main ditch to the green area and back to the main ditch as shown on the drawings to provide access to each manhole. The manhole installation shall be per the detail drawing provided herein. B. Ultimately the responsibility for accommodating any and all manholes with the appropriate conduits falls on the Contractor. Manholes shall be ARMORCAST: 48" X 96" X 48" (depth) Polymer Concrete Vault Assembly Lubbock Power & Light (LP&L) A. LP&L will provide and install any junction box enclosures and switch enclosures required for their service. Those to be installed in this phase of construction are shown on the drawings. The Contractor shall install elbows and required conduit extensions and material to bring the duct to the surface for access to the LP&L equipment from its underside. B. The LP&L conduits shall be covered with bedding material as shown on the drawings. Atmos Energy This project involves the extension of 4" PE IP gas main and Installation of 2" PE IP laterals. VI 1) Atmos will: a. Provide all materials. b. Provide a list of special conditions. c. Administer Lock Out/Tag Out/ Clearance procedures. d. Provide compaction testing (the first test for each location). e. Provide inspection- COMPANY may opt to provide inspection through a third party. f. All pipe and fittings will be picked up at Atmos warehouse in Lubbock by CONTRACTOR unless specifically noted. 2) Contractor will: a. Contractor will insure that he is certified with Atmos and such certification shall be provided to the City of Lubbock, b. Obtain all construction pennits prior to construction. c. Provide necessary supervision, labor and equipment to complete project. d. Successful contractor will utilize a minimum of 2 each 3 man crews for the complete project. e. Install the necessary tap fittings (tees, weldolets, threadolets, etc.). f. Contractor will verify all locate wire is traceable prior to backfilling. g. Perform all piping construction in accordance with the requirement of DOT CFR 49 Part 192, "Transportation of natural and other gas by pipeline; Minimum Federal Safety Standards" as administered by the Railroad Commission of Texas. h. The successful bidder may be required to complete the Operator Qualification Personnel Survey. CONTRACTOR'S personnel must have proper Operator Qualification certification before award of project and maintain certification throughout the term of the project. CONTRACTOR will adhere to the West Texas Division Contractor Provisions for Compliance with Operator Qualification Rule. i. Have an approved Competent Person on the job site at all times. The Competent Person(s) will be identified to the COMPANY at the pre -construction meeting. j. Install, maintain, and remove erosion control devices as required in the Storm Water Pollution Prevention Plan (SWPPP). Upon completion of the project work, CONTRACTOR will initiate the process to stabilize the disturbed surface area and establish surface restoration or final coverage. Surface stabilization, restoration, and final coverage means to establish vegetation or restore the surface to original condition, I depending on the nature of the original surface. k. Be responsible for completing the tapping and stoppling of any stopple fittings that will be installed. COMPANY must approve any third party service providers prior to performing any work. 1. Cause each welder to keep their Operator Qualification Records on their person for the duration of the project. j in. Ensure that pipe abandoned in place is purged with air, checked with a CGI, & plates welded on each end or other method to cause closure of pipe ends.. n. Install Safety fence around all open ditches in addition to parking equipment around bell holes whenever site is left unsupervised. o. Provide flowable backfill and/or compaction as required by City of Lubbock. p. Use specified backfill material directly around the pipeline. Backfill must provide firm p support under the pipe. q. Return any unused pipe and fittings to appropriate Atmos service center. r. Provide a secure staging area for equipment and material. s. Ensure Atmos personnel are notified 48 hours prior to exposing any Atmos active } pipeline. Atmos personnel have the option to be on site during this excavation. t. Contractor shall be solely responsible for all paperwork including maps, test charts, & any other documentation required per Atmos closing packet, u. All pipe and fittings will be picked up at Lubbock warehouse by CONTRACTOR unless specifically noted. Other information: 1. Main and services are part of a 601b MAOP system and are to be subjected to a 1201b not to exceed 1301b proof pressure test with signed chart. 2. All work shall be performed in accordance with the Atmos Energy Contractor Construction Manual and the Atmos Energy Contractor Visitor Safety Manual. Both documents are available through ISNetworld Atmos Energy Bulletin Board. 3. All work shall be performed in accordance with the Code of Federal Regulations Part 192 Pipeline Safety Rules and all other applicable rules and regulations. 4. All existing piping will remain pressurized and in service until it is time to make the final tie- ins. 5. All cuts made on existing pipeline facilities are to be made by "cold cut" method and not "torch cut$% 6. This pipeline facility is a pressurized gas I.P. line that normally operates at about 50 PSIG. 7. The cost of any repairs, cut outs, or extra testing caused by repairs, shall be borne by CONTRACTOR. 8. COMPANY shall be notified immediately if CONTRACTOR notices any materials that do not appear to match what was specified in the Engineering Requisitions. 9. The CONTRACTOR shall be solely responsible for all materials after custody has been transferred to him. Any materials damaged or lost after transfer to CONTRACTOR shall be replaced at CONTRACTOR'S expense. 10. If piping does not pass the strength test then the CONTRACTOR will locate the leak, repair the defect and re -test. This will be at the CONTRACTOR'S expense unless the failure is caused by a material defect. 11. The following items must be considered prior to pressurizing pipe for test A. Material must be defect free including excessive wear. B. All fittings must be designed for the maximum pressures. C. Contractor must ensure that all threaded fittings are tightened properly prior to pressurizing pipe. 9 Bid Unit Description - Conduit System Handhole —Includes furnishing the handhole and installation (bid per handhole) Manhole — Includes furnishing the manhole, installation, and sweep -outs from main trench to manhole location (bid per manhole) Atmos — Includes the installation only of equipment furnished by Atmos. Tapping of an existing main is included as well as the installation of taps and valves in the new system. The installation of the Atmos piping is included in the Trench Profile bid units. (bid per tap, valve, etc.) Trench Profile — Includes furnishing the conduits and spacers as well as installation. The Trench Profile sections are defined as those sections that maintain the defined trench dimensions. The Trench Profile sections end adjacent to the Handhole Arrangements which define the conduit and piping at the corner of each block. (bid per foot of trench) Handhole Arrangements — Includes furnishing the conduit as well as the shaping and installation of each conduit to connect the standard trench profile sections to handholes at block corners. Conduits do not extend beyond the limits defined by the corner outline as shown on the drawings. (bid per corner location) 10 I of 3 a TOP NEW SW-4= (A) tar 98" 95" -- Ills (Jw V IIII ti it IWI 11 II If 11 11 r1 IrTp 1 I 111 { 1%w IJ fit ,y�IWI r 11 IIII IIII Irrl ,1F IIII rF IIII II �I F �I 11 11 III fit IIII IIII tllr IIII 46' rn F nu Ilp j;p qU pJ 4d ' �1� 011 IIII ul till bq 1 IIII IIM Ifl III n IIII IIII IIII 11 F II 1� IIII IIX ti 11 it it ll ll i li ;il I wll IIII IIII IIII IIII rrM 111 11 M II t II11 IIN II �1 i 11 III wr IIII IIII IIII Itll �w SECTION A -A o SO 3/f 7 F 32 3/P 1 3- P(lYWR CCNCKIE COVER SECTION B-B Sim MOVAG porno CCMCRErz-,,,,, SIEEL BEAM 12x) WDG STEELrlrAllE BMT(4X) POITYER COMWETE MAT PN TNtmom NUT I(m9 JIPMT BUW rATNIN (0) OPEN BASE i N POLYMER CONCRETE BOX PLAN VIEW SIDE VIEW er END SD. WFKAIGA � OLLp4'W {a� r PG1hFR OmarE cm "n PN lop xw*a CONCIM an L Lubbock Downtown Redevelopment SOS SECTION 02222 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division l - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. This section covers the excavation, trenching, and backfilling for all utility systems, including pipelines, and service laterals, up to the point of connection or approximately five feet outside the building. B. It shall be the Contractor's responsibility to keep the work free of water either from surface sources or from underground sources or from both. The selection of equipment and method of removal of water shall be the sole responsibility of the Contractor. 1.3 APPLICABLE PUBLICATION A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic description only. 1. American Society for Testing and Materials (ASTM): ASTM A 36/A36M Specifications for Structural Steel. ASTM A 139/A 139M Specification for Electric -Fusion (Arc) Welded Steel Pipe. ASTM A502 Specification for Steel Structural Rivets. ASTM D 698 Test Methods for Moisture -Density Relations of Soils and Soil Aggregate Mixtures. 2. Occupational Safety and Health Administration: 29 CFR Part 1926 Subpart P, Excavations. 1.4 DENSITY TESTS A. Tests shall be performed by an independent laboratory selected by the Owner. Only passing tests shall be paid for by the Owner. Test results shall be submitted to the Engineer for review. B. All trenches 12 inches or wider, as measured at the top, shall be tested for conformance to compaction requirements unless the trench is backfilled with flowable fill. I. These trenches shall be backfilled and compacted to their full depth. 2. Tests shall be made every 100 feet along the pipeline, or a minimum of one test, and to 4 foot vertical intervals throughout the backfill. Tests taken in 4 foot intervals shall be staggered. 3. Compaction shall not be less than 95% of the Standard Proctor Test ASTM D 698. 01362211 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES 02222 - 1 10/11 ADDENDUM NO. 1 Lubbock Downtown Redevelopment SGS 1.5 UTILITIES A. Active utilities shall be protected from damage and removed or relocated only as indicated or specified. Where active utilities are encountered but are not shown on drawings, the Engineer shall be advised. B. The Contractor shall contact Utility Owners for actual location of utilities. The Contractor is responsible for locating and protecting all utilities. Utilities shown on the Drawings are based on the available information. C. The Contractor shall maintain utility service to the existing buildings throughout construction. Any utility interruption must be approved by and coordinated with the utility Owner. 1.6 MACHINERY AND EQUIPMENT A. Movement of construction machinery and equipment over pipes during construction shall be at the Contractor's risk. The Contractor shall repair or replace pipe that has been displaced or damaged. 1.7 TRENCH SAFETY REQUIREMENTS Provide detail drawings for proposed trench safety systems. Clearly identify where each system is proposed for use and type of system to be used. Trench excavations cannot be started until trench safety systems have been submitted to the Engineer. A. Trench Boxes - Submit manufacturer's standard data sheet and certificate of compliance signed by a registered engineer stating the maximum allowable depth for the given design pressure for each type of trench box proposed for use. B. Alternative Systems - If alternative systems composed of steel, aluminum, wood or a combination of materials are proposed, submit design calculations signed by a registered - engineer showing all member properties, design strengths and any stress increases used with justification for their use. PART 2-PRODUCTS 2.1 WOOD SHEETING A. Construction wood sheeting may be new or used lumber of a species or grade suitable for the proposed use. The Contractor shall retain full responsibility for the structural integrity and adequacy of the sheeting. 2.2 STEEL SHEET PILING A. If steel sheet piling is used, it shall conform to ASTM A328 and consist of rolled sections of the continuous interlocking type. Minimum thickness of the web and flange metal shall be 3/8 inch, unless otherwise approved or specified. Rivet steel and structural material as fabricated connections and accessories shall conform to requirements of ASTM A502 and ASTM A36. All steel sheet piles shall be furnished with standard pulling holes located approximately four inches below the top of the pile. 01362211 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES 02222 - 2 10/11 ADDENDUM NO. 1 i Lubbock Downtown Redevelopment SGS 2.3 TRENCH BOX A. Contractor may use a constructed trench box provided it meets all OSHA requirements for Trench Safety. 2.4 LEAN CONCRETE FLOWABLE FILL A. Meet requirements of Section 02223 — Flowable Fill. 2.5 PIPE BEDDING A. Bedding material shall consist of granular embedment that conforms to the following physical characteristics: Sieve Size (Square Openings) Percent Passing by Weight 3/8inch 100 No. 200 0 - 12 PART 3 - EXECUTION 3.1 EXCAVATION A. The Contractor shall perform all excavation to the depths shown on the Drawings or as specified. During excavation, materials suitable for backfilling shall be piled a sufficient distance from the banks of the excavation to avoid overloading and to prevent slides and cave-ins. Excavated materials not suitable or required for fill or back -fill shall be removed from the site. All excavation shall be made by open cut. No tunneling shall be done unless shown on the Drawings or approved by the Engineer. B. Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered. Excavated materials may include rock, soil materials and obstructions. No changes in the Contract Sum or the Contract Time will be authorized for rock excavation or removal of obstructions. 1. Remove rock to lines and grades indicated to permit installation of permanent construction. C. Excavation shall not be carried below the designated level except where special bedding is specified or shown on the Drawings. Excess excavation below the designated level shall be backfilled with sand or crushed stone and tamped. Excess excavation for manholes and other structures shall be filled with crushed stone or concrete to the required elevation. D. Trenches shall be only of sufficient width to provide a free working space on each side of the pipe or conduits. Where rights -of -way are available, the top portion of the trenches may be excavated with sloping or vertical sides to any width which will not damage adjoining structures, roadways, pavements, utilities or private property. E. Unstable soil shall be removed and replaced with gravel, which shall be tamped. F. Ground adjacent to all excavations shall be graded to prevent inflow of water. G. The excavation of the trench shall not advance more than 3 blocks ahead of the completed project work. 01362211 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES 02222 - 3 10/11 ADDENDUM NO. 1 , i�. Lubbock Downtown Redevelopment SGS H. The Contractor shall remove any water accumulated during excavation regardless of source. I. The Engineer shall be notified immediately upon encountering site conditions at variance to those indicated and any active or inactive utility encountered but not indicated on the Drawings. No work shall be done to correct or incorporate unforeseen conditions until written instructions are issued by the Engineer. 3.2 SHEETING AND SHORING A. All excavations shall be properly shored, sheeted and braced or cut back at the proper slope to furnish safe working conditions, to prevent shifting of material, to prevent damage to structures or other work, and to avoid delay to the work, all in compliance with the U.S. Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). Bracing shall be so arranged as not to place any strain on portions of completed work until the general construction has proceeded far enough to provide ample strength. B. Timber sheet piles shall be sharpened in a manner which will assist in holding them in true alignment during driving and the tops shall be protected with caps or other means to prevent damage by the driving equipment. Any pieces damaged or split below the point of cutoff shall be removed and replaced. C. Sheet piles shall be carefully located and driven straight and true to the desired elevation with secure interlocking for the entire length. Damaged piling or one with faulty alignment shall be withdrawn and new piling driven properly in its place. Jetting will not be permitted. Excavation shall not be carried in advance of the steel sheet piling. D. Sheeting and bracing shall be removed as the excavation is refilled in such a manner as to avoid caving in of areas or structures. Voids left by withdrawal of the sheeting shall be carefully filled by ramming. 3.3 GENERAL BACKFILLING A. Prior to backfilling at manholes and other accessories, all forms, trash and debris shall be removed. Backfill material shall be symmetrical on all sides in 8-inch maximum layers. Each layer shall be moisture conditioned, if necessary, and compacted with tampers. B. Where pipe or conduit is not structurally supported, unstable material shall be removed and replaced with flowable fill. Bedding shall be placed as shown on the drawings and shall be constructed of gravel or crushed stone and compacted. The material shall be placed in 6-inch maximum layers and compacted. C. After placement of bedding, pipe and conduits, backfill the trench with flowable fill to the base of the sidewalk trench cap. D. Earth backfill when approved shall be free of stones greater than 4 inches in any dimension, construction debris, topsoil and organics. Acceptable backfill material may be from excavation or borrowed. 3.4 PIPE TRENCH BACKFILLING A. General: As soon as practicable after laying and jointing of the pipe and conduit, the completion of bedding, and the completion of structures, the trench shall be backfilled in accordance with these Specifications. 01362211 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES 02222 - 4 10/11 ADDENDUM NO. 1 Lubbock Downtown Redevelopment SGS 3.5 SUBSURFACE OBSTRUCTIONS A. While excavating, backfilling and laying pipe, care must be taken not to remove, disturb, or injure any existing water, sewer, or gas pipes, or other conduits or structures. If necessary, the Contractor, shall sling, shore up and maintain such structures in operation, and within a reasonable time shall repair any damage done to them. Before final acceptance of the work, he shall return all such structures to original condition. B. The Contractor shall give a minimum of 72 hours notice to the interested utility or utility tunnel of his intention of removing or disturbing any pipes, conduits, etc., and shall abide by their regulations governing such work. In the event that any subsurface structure becomes broken or damaged in the course of the work, the Contractor shall immediately notify the proper authorities, and shall be responsible for all damage to persons or property caused by such damage. C. When pipes or conduits providing services to adjoining buildings are broken during the progress of the work, the Contractor shall repair them at once, or if repaired by the utility involved, shall pay the utility any charges for having such repairs made by the utility. D. Neither Owner nor the Engineer will be liable for any claim made by the Contractor based on underground obstructions being different to that indicated in these contract Documents or Drawings. 3.6 REMOVING AND REPLACING PAVEMENT A. In areas where it becomes necessary to remove the existing pavement in order to install the pipe lines and appurtenances the Contractor shall perform the work in the following manner: 1. Before removing any pavement, the pavement shall be marked for cuts neatly paralleling the pipe lines and spaced the width of the trench. 2. The pavement shall be broken along the marked lines. No pavement shall be pulled out by machine until completely broken and separated along the marked cuts. 3. The pavement adjacent to pipe line trenches must not be disturbed or damaged. If the pavement is disturbed or damaged, due to caving ditch banks, or indiscriminate use of construction machinery, the Contractor shall remove and replace the damaged pavement at his expense. 4. Where pipelines are parallel to and under sidewalks, the Contractor shall remove and replace the sidewalk for its full width up to six feet. 5. The Contractor shall remove and replace or tunnel under any curb encountered. B. Restoration of pavement which is under the jurisdiction of a government agency, such as highways, or county roads, shall be done in accordance with that agency's requirements. Restoration of pavement which is not under the jurisdiction of a government agency shall be done in the following manner: 1. Pavement restoration shall follow closely the backfilling operation. If in the opinion of the Engineer the repaving work is allowed to lay, the Engineer shall order the work stopped on other section of the contract until the pavement restoration is completed within acceptable limits. 2. Prior to replacing any pavement the Contractor shall make a final cut not less than nine inches back from the edge of the damaged pavement. This cut shall be made using a rotary saw and the pavement removed using jack hammers. This shall be done in order to provide a firm bench for placement of the new pavement. Pavement replacement shall be done as detailed on the drawings, and shall be replaced with the same type materials and to the same dimensions as existing. 01362211 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES 02222 - 5 10/11 ADDENDUM NO. 1 Lubbock Downtown Redevelopment SGS 3. Should the replaced pavement fail or settle within one year after the work, the Contractor shall promptly repair or restore such pavement at his own expense. 3.7 RECORD DRAWINGS A. Contractor shall maintain a record drawing indicating depth to conduits at intervals of 100 feet and where depths change. END OF SECTION 01362211 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES 02222 - 6 10/11 ADDENDUM NO. 1 LI . BID SUBMITTAL FORM �lREVISED UNIT PRICE BID CONTRACT BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices. ( Notes BIDS Shall include sales tax and all other applicable taxes & fees. l Item Name of Pay Item with Unit Price in Words ESL ty Unit Unit Bid Price rMobilization, i, complete in place, for the sum of I LS Dollars and Cents per unit $ V Traffic Control, complete in place, for the sum of MO Dollars and 6 ._ Cents per unit S im— Storm Water Control, complete in place, for the sum of �' Dollars and 6 Cents per unit S 9 Trees, in for the Remove complete place, sum of /21 EA Dollars and Cents per unit $ Remove Concrete Driveways, and Alleys, complete in place, for the sum of I, SY Dollars and C is per unit $ wwww MEOW s Remove Sidewalk, complete in place, for the sum o SY 3,822 ollars and Cents per unit $ C, x Remove Asphalt or Brick Pavement, co plete in place, for the sum of 1,350 SY Dollars and Cents per unit $ Trench Excavation, comple in place, for the sum of CY 5,000 Dollars and Cents per unit $ ►2-►02MMA Lubbock Downtown Redevelopment Amount Bid Trench Protect n, complete in place, for the sum of m __ l Dollars and 5,540 LF fCents per unit $ S L.: Trench Bedding, complete in place, for the sum of Dollars and 800 CY Cents per unit S S Bidders Initin BID SUBMITTAL FORM 12-102MMA, UNIT PRICE BID CONTRACT Lock Downtown Redevelopment REVISED , Item No. Name of Pay Item with Unit Price in Words Quantity Unit Unit Bid Price Amount Bid i Lean Concrete Backfill, complete in place, for the sum of 4,200 CY C Dollars and Cents per unit $ $ New 3" Caliper Trees, complete in place, for the sum of 21 EA Dollars and Cents per unit S g l� 1 New 4" Thick Concrete Sidewalk, complete in place, for the sum of 3,967 SY Dollars and Cents per unit $ $ ERR New 6' Thick Concrete Driveways, Alleys, complete in place, for the sum of 1,445 SY Dollars and Cents per unit $ $ New Asphalt Pavement, complete in place; for the sum of 1,127 S Dollars and Cents per unit $ $ mama am New Brick Pavement, complete in place, for the sum of /} /78 SY (r1 Dollars and Cents per unit $ $ 24 x 36 x 36 handhole, Purchasing Item, for the sum of Dollars an4t, 9� E A Cr unit $ $ f 24 x 36 x 48 handhole, Purchasing Item, for the sU711f 2 EA ol[ars and Cents per unit $ S 48 x 96 x 48 Manhole, complete in Pla111for the sum of 1 I I EA 1 ii-- Dollars and Cents per unit $ S _ r Atmos Equipment, Instal 7th st. Tap, complete in place, 9 for the sum of Dollars and I EA 1 Cents per unit $ S Atmos Equipment, Install 4" to 2' Tap, complete in place, for the sum of 19 EA Dollars and Cents per unit $ $ L Bidders Initinals BID SUBMITTAL FORM 12-102N MA UNIT PRICE BID CONTRACT Lubbock Downtown Ae&velopnwnt Bidders Inidn BID SUBMITTAL FORM UNIT PRICE BID CONTRACT 12-10280-J Lubbock Downtown Redevelopment jI i I� 1 1' BID SUBMITTAL FORM UNIT PRICE BID CONTRACT REVISED Item Est. No. Name of Pay Item with Unit Price in Words Quantity Unit "Mazomm- _: _' Excavation and Installation of handhole Arrangements, complete in pla (} for the sum of 19 EA Dollars and j Cents per unit t i TOTAL AMOUNT BID - BASE BID (Total Amount Bid in Words) i Respectfully submitted: Signature Title License Number (if applicable) �I (SEAL -- IF BID IS A CORPORATION Fj Attest: Ll T 3 �f I, i I.� Unit Bid Price (Total 6hount Bid, Numerical Value) Address Date I2-10280-MA Lubbock Downtown Redevelopment Amount Bid Bidders Initinals 34;-0'hibbock( 0 DATE ISSUED: NEW CLOSE DATE: ADDENDUM # 2 HB 12-IO2-80-MA City of Lubbock DOWNTOWN REDEVELOPMENT OCTOBER 28, 2011 November 7, 2011 @ 2:00 P.NL The following items take precedence over plans and specifications for ITB . Where any item called for in the bid documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please be advised: 1. The following has been added: a. Goals for Women and Minorities in Construction b. Standards Terms and Conditions for Construction Projects c. Plans have been added in color 2. 2"d Revised BID FORM has been added. Line Item No. 2 has been increased from 6 months to 11 months. All requests for additional information or clarification must be submitted in writing and directed: Marta Alvarez, Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to malvarez(&mylubbock.us. 1afnerj frceMov� THANK YOU, CITY OF LUBBOCK P.O. Box 2000 ■ 1625 13`h Street ■ Lubbock, TX 79457 ■ 806.775.2171 * Purchasing and Contract Management i_ • Page 2 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeroes responsibility to advise the City of Lubbock Director of Purchasing and Contract Management if any language, A' requirements. etc.. or any combinations thereoff, inadvertently restricts or limits the requirements stated in this bid documents to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (S) business days prior to the proposal close date. A review of such notifications will be made. SPECIAL AWARD CONDITIONS GOALS FOR Womw AND miNoRITTF.S IN CONSTRUCTION: Department of Labor regulations set forth in 41 CFR 60-4 establish goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all Federally assisted construction contracts in excess of $10,000 The Recipient shall comply with these regulations and shall obtain compliance with 41 CFR 60-4 from contractors and subcontractors employed in the completion ofthe project by including such notices, clauses and provisions in the "Solicitations for Offers or Bids" as required by 41 CFR 60-4. The goal for the participation of women in each trade area shall be as follows: From April 1,1981, until further notice.— 6.9 percent All changes to this goal, as published in the FedgdR ge iin accordance with the Office ofFedcM Contract Compliance Programs regulations at 41 CFR 60-4.6, or any successor regulations, shall hereafter be incorporated by mf4ence into these Special Award Conditions. Ooals forminorityparticipation shall be as p ucribed byAppendix B-80, EqdMd Resister. Volume 45, No.194, October 3,1980, or subsequent publications. no Recipient shall include the "Standard Fedad Equal Employment Opportunity Construction Contract Specifications" (or cause them to be included, if appropriate) in all Federally assisted contracts and subcontracts. The goals and timetables forminority and female participation may not be lea thandx=publiah dpursuadto 41 CFR60-4.6. The minority participation goal for this project is 19.6 percent NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246 AND 41 CFR PART 60-4) The following Notice shall be included in, and shall be a part of all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority Goals for female particijlladQn,fQr each trade participation for each trade These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is: State of / eYa S County of L L,l16 ► n GR City of U.S. DEPARTMENT OF COMNMRCE ECONOMIC DEVELOPMENT ADME41STRATION STANDARD TERMS AND CONDITIONS FOR CONSTRUCTION PROJECTS Title II Public Works and Economic Development Facilities and Economic Adjustment Assistance Construction Components r • • • OCTOBER 2007 (as amended on December 13, 2007) i U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS FOR CONSTRUCTION PROJECTS Title II Public Works and Economic Development Facilities and Economic Adjustment Assistance Construction Components PREFACE...................................................................................................................................................... I A. General Requirements and Responsibilities...........................................................:.................................2 1. Purpose................................................................................................................................................2 2. Authority and Policies........................................................................................................................2 3. Definitions..........................................................................................................................................3 4. Grant Recipient as Trustee.................................................................................................................3 B. Financial Requirements............................................................................................................................3 1. Financial Reports................................................................................................................................3 2. Disbursement Requests......................................................................................................................4 3. Federal and Non -Federal Cost Sharing......................................................... ............4 ......................... 4. Budget Revisions and Transfers of Funds Among Budget Categories..............................................5 5. Indirect Costs......................................................................................................................................6 6. Incurring Costs Prior to Award..........................................................................................................7 7. Incurring Costs or Obligating Funds Beyond the Project Expiration Date........................................7 8. Time Extensions.................................................................................................................................8 9. Tax Refunds.......................................................................................................................................8 10. Program Income.................................................................................................................................9 C. Programmatic Requirements....................................................................................................................9 1. Quarterly Reporting............................................................................................................................9 2. Interim Reporting...............................................................................................................................9 3. Government Performance and Results Act Reporting.....................................................................10 4. Unsatisfactory Performance.............................................................................................................10 5. Programmatic Changes.....................................................................................................................10 6. Other Federal Awards with Similar Programmatic Activities.........................................................10 7. Noncompliance with Award Provisions...........................................................................................10 8. Use by Beneficiary ...........................................................................................................................11 9. Prohibition Against Assignment by the Recipient........................................................................... I 1 10. Disclaimer Provisions; Hold Harmless Requirement....................................................................... I I ff 11. Prohibition on Use of Third Parties to Secure Award......................................................................12 12. Payment of Attorneys' or Consultants' Fees....................................................................................12 13. Commencement of Construction......................................................................................................12 14. Efficient Administration of Project..................................................................................................12 15. Conflicts -of -Interest Rules...............................................................................................................13 16. Record -Keeping Requirements........................................................................................................13 17. Termination Actions.........................................................................................................................14 18. Project Closeout Procedures.............................................................................................................14 D. Additional Requirements Relating to Construction Projects.................................................................16 1. The Davis -Bacon Act, as amended (40 U.S.C. §§ 3141-3144, 3146, 3147; 42 U.S.C. § 3212)......16 2. The Contract Work Hours and Safety Standards Act, as amended (40 U.S.C. §§ 3701 — 3708) ....16 3. The National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470 et seq.), and the Advisory Council on Historic Preservation Guidelines.......................................................16 4. The Historical and Archeological Data Preservation Act of 1974, as amended (16 U.S.C. § 469a-1 etseq.).............................................................................................................16 5. Architectural Barriers Act of 1968, as amended (42 U.S.C. § 4151 et seq.)...................................16 6. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, asamended (42 U.S.C. § 4601 et seq.).............................................................................................16 7. The Energy Conservation and Production Act (42 U.S.C. § 6834 et seq.)......................................16 8. Requirements for New Construction................................................................................................17 E. Non -Discrimination Requirements.........................................................................................................17 1. Statutory Provisions.........................................................................................................................17 2. Other Provisions...............................................................................................................................17 3. Title VII Exemption for Religious Organizations............................................................................18 F. Audits........'..'... 1. Requirement to Have an OMB Circular A-133 Audit Performed; Organization -Wide, Program -Specific, and Project Audits..............................................................................................18 2. Requirement to Submit Audit to EDA.............................................................................................19 3. Audit Resolution Process.................................................................................................................19 G. Debts.......................................................................................................................................................20 1. Payment of Debts Owed the Federal Government...........................................................................20 2. Late Payment Charges......................................................................................................................20 3. Barring Delinquent Federal Debtors from Obtaining Federal Loans or LoanInsurance Guarantees..............................................................................................................20 4. Effect of Judgment Lien on Eligibility for Federal Grants, Loans, or Programs .............................21 H. Name Check Reviews............................................................................................................................21 1. Name Check Requirement................................................................................................................21 2. Exemptions.......................................................................................................................................21 iii 3. Results of Name Checks...................................................................................................................21 4. Action(s) Taken as a Result of Name Check Review......................................................................21 I. Governmentwide Debarment and Suspension (Non-procurement).......................................................22 J. Drug -free Workplace..............................................................................................................................22 K. Lobbying Restrictions............................................................................................................................22 1. Statutory Provisions.........................................................................................................................22 2. Disclosure of Lobbying Activities...................................................................................................22 3. Special Provisions Relating to Indian Tribes...................................................................................22 L. Codes of Conduct and Subaward, Contract, and Subcontract Provisions..............................................22 1. Code of Conduct for Recipients.......................................................................................................22 2. Applicability of Award Provisions to Subrecipients........................................................................23 3. Competition and Codes of Conduct for Subawards.........................................................................23 4. Applicability of Provisions to Subawards, Contracts, and Subcontracts.........................................24 5. Minority -Owned Business Enterprise..............................................................................................24 6. Subaward and/or Contract to a Federal Agency...............................................................................25 7. EDA Contracting Provisions for Construction Projects...................................................................25 M. Property ..................................................................................................................................................25 1. Standards..........................................................................................................................................25 2. Retention of Title..............................................................................................................................25 3. EDA's Interest in Award Property ..............................................:....................................................25 4. Insurance and Bonding.....................................................................................................................27 5. Leasing Restrictions.............................................................................................:...........................27 6. Use of Eminent Domain Prohibited.................................................................................................27 7. Disposal of Real Property .................................................................................................................28 N. Environmental Requirements.................................................................................................................28 1. The National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.)..................................28 2. Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. §§ 4371 — 4375) ........29 3. Executive Order 12088, "Federal Compliance with Pollution Control Standards," (43 Fed. Reg. 47707, October 13, 1978), as amended.....................................................................29 4. Executive Order 11514, "Protection and Enhancement of Environmental Quality," (35 Fed. Reg. 4247, March 5, 1970), as amended............................................................................29 5. Executive Order 11593, "Protection and Enhancement of the Cultural Environment," (36 Fed. Reg. 8921, May 13, 1971), as amended.............................................................................29 6. Clean Air Act, Clean Water Act, and Executive Order 11738.........................................................29 7. The Safe Drinking Water Act of 1974, as amended (42 U.S.C. § 300f et seq.)...............................29 8. Executive Order 11988, "Floodplain Management," (42 Fed. Reg. 26951, May 24, 1977) and Executive Order 11990, "Protection of Wetlands," (42 Fed. Reg. 26961, May 24, 1977)..............29 iv 9. The Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4002 et seq.), and regulations and guidelines issued thereunder by the U.S. Federal Emergency Management Administration("FEMA") or by EDA.............................................................................................29 10. The Coastal Zone Management Act of 1972, as amended (16 U.S.C. § 1451 et seq.) ....................30 11. The Coastal Barrier Resources Act, as amended, (16 U.S.C. § 3501 et seq.)..................................30 12. The Wild and Scenic Rivers Act, as amended, (16 U.S.C. § 1271 et seq.)......................................30 13. The Fish and Wildlife Coordination Act, as amended, (16 U.S.C. § 661 et seq.) ...........................30 14. The Endangered Species Act of 1973, as amended, (16 U.S.C. § 1531 et seq................................30 15. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") (42 U.S.C. § 9601 et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9662 et seq.)...........................................................30 16. The Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. § 6901 et seq.).. 30 17. Executive Order 12 89 8, "Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations" (59 Fed. Reg. 7629, February 11, 1994)....................30 18. The Lead -Based Paint Poisoning Prevention Act, as amended, (42 U.S.C. § 4821 et seq.) ............ 30 19. The Farmland Protection Policy Act, as amended, (7 U.S.C. §§ 4201— 4209)...............................30 20. The Noise Control Act of 1972, as amended, (42 U.S.C. § 4901 et seq.)........................................31 21. The Native American Graves Protection and Repatriation Act, as amended, (25 U.S.C. § 3001 et seq.)................................................................................................................31 O. Compliance with Environmental Requirements.....................................................................................31 P. Miscellaneous Requirements..................................................................................................................31 1. Criminal and Prohibited Activities...................................................................................................31 2. Foreign Travel..................................................................................................................................31 3. American -Made Equipment and Products.......................................................................................32 4. Intellectual Property Rights..............................................................................................................32 5. Increasing Seat Belt Use in the United States..................................................................................34 6. Research Involving Human Subjects...............................................................................................34 7. Federal Employee Expenses.............................................................................................................35 8. Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally -Funded Construction Projects..................35 9. Minority Serving Institutions ("MSIs") Initiative............................................................................35 10. Research Misconduct.......................................................................................................................35 11. Publications, Videos, and Acknowledgment of Sponsorship...........................................................36 12. Care and Use of Live Vertebrate Animals.......................................................................................36 13. Homeland Security Directive...........................................................................................................36 14. Compliance with Department of Commerce Bureau of Industry and Security Export AdministrationRegulations..............................................................................................................37 APPENDIX..................................................................................................................................................38 v PREFACE Terms and Conditions of the Award. This financial assistance award on Form CD-450 (this "Award"), executed by the Economic Development Administration ("EDA") and the Recipient, together with the EDA-approved project budget and scope of work, these construction standard terms and conditions, special award conditions, and all applicable federal statutory and regulatory requirements as incorporated by reference (e.g., all applicable statutes, regulations, Executive Orders, and Office of Management and Budget (OMB) Circulars), constitute the complete requirements, hereinafter referred to as the "Terms and Conditions," applicable to the EDA investment. The Recipient and any subrecipient must, in addition to the assurances made as part of the application for investment assistance, comply with and require each of its contractors and subcontractors employed in the completion of the project to comply with the Terms and Conditions of this Award. This Award is subject to the laws and regulations of the United States. Any inconsistency or conflict in the Terms and Conditions specified in this Award will be resolved according to the following order of precedence: public laws, regulations (including applicable notices published in the Federal Register), Executive Orders, OMB Circulars, FDA's construction standard terms and conditions, and special award conditions. A special award condition may take precedence on a case -by -case basis over a construction standard term or condition when warranted by specific project circumstances. Some of EDA's construction terms and conditions herein contain, by reference or substance, a summary of the pertinent statutes or regulations published in the Federal Register or the Code of Federal Regulations ("C.F.R."), Executive Orders, OMB Circulars, or the assurances required of the Recipient (See Forms SF-424B and SF-424D). To the extent that it is a summary, such provision is not in derogation of, or an amendment to, any such statute, regulation, Executive Order, OMB Circular, or assurance. ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS FOR CONSTRUCTION PROJECTS Title II - Public Works and Economic Development Facilities and Title II - Economic Adjustment Construction Components A. General Requirements and Responsibilities. Purpose. The Economic Development Administration's ("EDA") grants for (i) public works (42 U.S.C. § 3141) and (ii) economic adjustment (42 U.S.C. § 3149) projects are designed to enhance regional competitiveness and promote long-term economic development in regions experiencing substantial economic distress. EDA provides construction, design, and engineering grants to assist distressed communities and regions revitalize, expand, and upgrade their physical infrastructure to attract new industry, encourage business expansion, diversify local economies, and generate or retain long-term private sector jobs and investment. The requirements set forth in these construction standard terms and conditions (the "Construction Standard Terms and Conditions") are applicable to construction, design, and engineering projects funded in whole or in part by EDA. Any necessary modifications of these requirements will be addressed in special award conditions to accommodate individual projects. In addition, these Construction Standard Terms and Conditions apply to construction projects of revolving loan funds ("RLFs") awarded between 1975 and 1999 under EDA's Title IX Economic Adjustment Assistance Program, as well as to RLFs funded after February 11, 1999 under section 209 of PWEDA (42 U.S.C. § 3149). 2. Authority and Policies. EDA is a bureau within the U.S. Department of Commerce established under the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. § 3121 et seq.) ("PWEDA"). (See also 13 C.F.R. § 300.1.) As a federal agency, EDA is obligated to promulgate regulations and establish policies and procedures to: a. Ensure compliance with applicable federal requirements; b. Safeguard the public's interest in the grant assets; and c. Promote the effective use of grant funds in accomplishing the purpose(s) for which they were awarded. The Department or EDA may issue changes from time to time to the regulations and other requirements and policies that apply to this Award. Such changes may upon occasion increase administrative or programmatic flexibility in administering this Award in a manner that is mutually beneficial to EDA and to the Recipient. The implementation of any such regulatory, administrative, or programmatic change in administering this Award must have prior EDA written approval. EDA's policy is to administer all Awards uniformly; however, there may be special circumstances that warrant a variance. To accommodate these circumstances and to encourage innovative and creative ways to address economic development problems, EDA will consider requests for variances to the procedures set out in these Construction Standard Terms and Conditions if they do not conflict with applicable federal statutory and regulatory requirements, are consistent with the goals of EDA's programs, and make sound economic and financial sense. 2 3. Definitions. Whenever used in these Construction Standard Terms and Conditions, the following words and phrases shall have the following meanings: a. "Assistant Secretary" refers to the Assistant Secretary of Commerce for Economic Development; b. "Award" — see the definition set out in the first paragraph of the Preface above; c. "Closeout" or "Project Closeout" refers to the process by which the Grants Officer determines that all applicable administrative actions and all required work under the Award has been completed by the Recipient and EDA; d. "Department" or "DOC" refers to the U.S. Department of Commerce; e. "Government" or "Federal Government" refers to EDA; f. "Grants Officer" refers to the Regional Director in the appropriate Regional Office; g. "Project Officer," refers to the EDA official responsible for technical or other programmatic aspects of the Award. During the post -approval stage of the Award, EDA generally assigns this role to an EDA Engineer/Construction Manager. h. "Project" refers to the activity for which the EDA grant was awarded; i. "Recipient" refers to the undersigned grantee of U.S. government funds under the Award to which this document is made a part; J. "Regional Office" refers to an EDA regional office; k. "Subrecipient" or "Subgrantee" refers to the legal entity to which a subaward is made and which is accountable to the Recipient for the use of grant funds (this term does not include subcontractors with whom the Recipient enters into a contractual agreement); and 1. "Terms and Conditions of the Award" —see the definition set out in the first paragraph of the Preface above. Capitalized terms used but not otherwise defined in these Construction Standard Terms and Conditions have the meanings ascribed to them in FDA's regulations at 13 C.F.R. §§ 300.3, 302.20, 307.8, and 314.1. 4. Grant Recipient as Trustee. The Recipient holds grant funds and any EDA-assisted Project property in trust for the purpose(s) for which the Award was made. The Recipient's obligation to the Federal Government continues for the estimated useful life of the Project, as determined by EDA, during which EDA retains an undivided equitable reversionary interest (the "Federal Interest") in the property improved, in whole or in part, with the EDA investment. See 13 C.F.R. § 314.2. If EDA determines that the Recipient fails or has failed to meet this obligation, the agency may exercise any rights or remedies with respect to its Federal Interest in the Project. However, EDA's forbearance in exercising any right or remedy in connection with the Federal Interest does not constitute a waiver thereof. B. Financial Requirements. l . Financial Reports. a. While EDA generally does not advance funds under an Award, the Recipient must submit Form SF-272, "Report of Federal Cash Transactions," for any Award where funds are to be advanced to the Recipient. Form SF-272 is due 15 working days following the end of each guarter for an Award under $1 million, 15 working days following the end of each 3 month for an Award totaling $1 million or more per year, or as otherwise specified in a special award condition. See 15 C.F.R. §§ 14.52(a)(2) or 24.41(c), as applicable. b. Any Recipient whose Award has not been fully disbursed is required to submit Form SF-269, "Financial Status Report" to EDA semi-annually to report on the status of unreimbursed obligations. This report will provide information on the amount of allowable Project expenses that have been incurred, but not claimed for reimbursement by the Recipient. The first report shall be as of March 30 of each year and shall be submitted to EDA no later than April 30 of each year, and the second report shall be of September 30 of each year and shall be submitted to EDA no later than October 30 of each year. Instructions for completing and submitting Form SF-269 will be furnished to the Recipient at least 60 days before the report is due. c. The Recipient must submit a final financial report using Form SF-269 within 90 days of the expiration date of the Award (or from the date the Recipient accepts the Project from the contractor, whichever occurs earlier). d. Noncompliance with these requirements will result in the suspension of disbursements under this Award. e. Financial reports are to be submitted to the Project Officer. 2. Disbursement Requests. a. Method of Payment. The Grants Officer determines the appropriate method of payment. Unless otherwise specified in a special award condition, the method of payment under this Award will be reimbursement. Payments will be made through electronic funds transfers directly to the Recipient's bank account and in accordance with the requirements of the Debt Collection Improvement Act of 1996 (31 U.S.C. § 3720B et seq.). The Award number shall be included on all payment -related correspondence, information, and forms. b. Disbursement Requests. The Recipient shall use Form SF-271, "Outlay Report and Request for Reimbursement for Construction Programs," to request reimbursement under the Award. Substantiating invoices and/or vouchers also must be provided. Each request for the disbursement of funds shall be made to the Project Officer. Form SF-271 can be downloaded from OMB's website at www.whitehouse.gov/omb/grant&/grants forms.html. c. Initial Disbursement Request. For the initial disbursement only, the Recipient must complete and submit Form SF-3881, "ACH Vendor/Miscellaneous Payment Enrollment Form," along with Form SF-271, to the Project Officer. d. Interim Disbursement Requests. All requests for interim disbursement shall be submitted using Form SF-271 and include substantiating invoices and/or vouchers. 3. Federal and Non -Federal Cost Sharing. a. Awards that include the federal and non-federal share incorporate an estimated budget consisting of shared allowable costs. If actual allowable costs are less than the total approved estimated budget, the federal share and non-federal share, or "Matching Share," shall be calculated by applying the approved federal and non-federal cost share ratios to 4 actual allowable costs. See also 13 C.F.R. §§ 305.10 and 308.2. If actual allowable costs are greater than the total approved estimated budget, the federal share shall not exceed the total federal dollar amount authorized by this Award. b. The Matching Share, whether cash or in -kind, shall be paid out at the same rate as the federal share. Exceptions to this requirement may be granted by the Grants Officer based on sufficient documentation demonstrating previously determined plans for, or later commitment of, cash or in -kind contributions. In any case, the Recipient must meet its cost share commitment over the Award period. c. The Recipient shall show that the Matching Share is committed to the Project, available as needed, and not conditioned or encumbered in any way that precludes its use consistent with the requirements of EDA investment assistance. See 13 C.F.R. § 301.5. 4. Budget Revisions and Transfers of Funds Among Budget Categories. The EDA-approved budget is the budget plan for the Project. The Recipient must notify EDA of any deviation from the budget or program plans, including any change in scope of work or the objective of the Project (even if there is no associated budget revision requiring prior written approval). See 15 C.F.R. §§ 14.25 or 24.30, as applicable. a. Requests for budget revisions to the EDA-approved budget in accordance with the provisions provided below must be submitted to the Grants Officer, who shall make the final determination on such requests and notify the Recipient in writing. b. Amendments to this Award require preparation of Form CD-451, "Amendment to Financial Assistance Award," for execution by both the Grants Officer and the Recipient. Form CD-451 is required for the following: (i) Changes to the Project scope of work; (ii) Budget revisions requiring additional EDA or non-EDA funds; (iii) Budget revisions that result in cumulative transfer among direct cost categories in excess of 10 percent of the project cost and the federal share is greater than $100,000; (iv) The inclusion of costs for which EDA's prior approval is needed under the following OMB Circulars: Circular A-21, "Cost Principles for Educational Institutions" (2 C.F.R. part 220); Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments" (2 C.F.R. part 225); and Circular A-122, "Cost Principles for Non -Profit Organizations" (2 C.F.R. part 230), as applicable; (v) Change of site location; (vi) Change or addition of Recipient; (vii) Time extensions; and (viii) Modifications to the Terms and Conditions of the Award, other than time extensions. c. When an Award supports both construction and non -construction work, the Recipient must obtain prior written approval from the Grants Officer before making any fund or budget transfer from non -construction to construction or vice versa. See 15 C.F.R. §§ 14.250) or 24.30(c)(3), as applicable. d. Transfers shall not be permitted if such transfers would cause any federal appropriation, or part thereof, to be used for purposes other than those intended. This transfer authority does not authorize the Recipient to create new budget categories within an approved budget unless the Grants Officer has provided prior written approval. In addition, this does not prohibit the Recipient from requesting the Grants Officer's approval for revisions to the budget. See 15 C.F.R. §§ 14.25(e) and (f) or 24.30(c), as applicable. e. The Recipient is not authorized at any time to transfer amounts budgeted for direct costs to the indirect costs line item or vice versa, without written prior approval of the Grants Officer. f. Project Underrun Amounts. Underrun amounts shall be transferred to the contingencies line item. Contingency funds are to be used to address situations resulting from unknown conditions and changes required for the fulfillment of authorized activities under this Award. EDA may approve the use of underrun funds to increase the federal share of the Project or further improve the Project, as long as the improvements are approved by EDA and consistent with the original purpose of the approved EDA investment. See 13 C.F.R. § 308.1. g. Additional EDA Funding in Case of Project Overrun Amounts. In accepting the Award, the Recipient agrees to fund any overrun amounts. Additional EDA assistance for an approved Project may not be approved. 5. Indirect Costs. a. Indirect costs are generally not applicable under this Award. b. When indirect costs are applicable, they will not be allowable charges against the Award unless specifically included as a line item in the EDA-approved budget. For Recipients that are educational institutions, the term "indirect cost" has been replaced with the term "facilities and administrative cost" under OMB Circular A-21, "Cost Principles for Educational Institutions" (see 2 C.F.R. part 220). c. Excess indirect costs may not be used to offset unallowable direct costs. d. If the Recipient has not previously established an indirect cost rate with a federal agency, the negotiation and approval of a rate is subject to the procedures in applicable cost principles and the following subparagraphs: (i) State, local, and Indian Tribal Governments; Educational Institutions; and Non - Profit Organizations (Non -Commercial Organizations) For the above -listed organizations, "cognizant federal agency" is generally defined as the agency that provides the largest dollar amount of direct federal funding. For those organizations for which DOC is cognizant or has oversight, DOC or its designee will either negotiate a fixed rate with carry -forward provisions for the Recipient or, in some instances, will limit its review to evaluating the procedures described in the Recipient's cost allocation methodology plan. Indirect cost rates and cost allocation methodology reviews are subject to future audits to determine actual indirect costs. (ii) Within 90 days of the Award start date, the Recipient shall submit to the address listed below documentation (indirect cost proposal, cost allocation plan, etc.) necessary to perform the review. The Recipient shall provide the Grants Officer with a copy of the transmittal letter. 6 Office of Acquisition Management U.S. Department of Commerce 14a' Street and Constitution Avenue, N.W., Room # 6054 Washington, DC 20230 (iii) The Recipient can use the fixed rate proposed in the indirect cost plan until such time as DOC provides a response to the submitted plan. Actual indirect costs must be calculated annually and adjustments made through the carry -forward provision used in calculating next year's rate. This calculation of actual indirect costs and the carry - forward provision is subject to audit. Indirect cost rate proposals must be submitted annually. An organization that has previously established indirect cost rates must submit a new indirect cost proposal to the cognizant agency within six months after the close of the Recipient's fiscal years. e. When DOC is not the oversight or cognizant federal agency, the Recipient shall provide the Grants Officer with a copy of a negotiated rate agreement or a copy of the transmittal letter submitted to the cognizant or oversight federal agency requesting a negotiated rate agreement. f. If the Recipient fails to submit the required documentation to DOC within 90 days of the Award start date, the Grants Officer may amend the Award to preclude the recovery of any indirect costs under the Award. If the DOC, oversight, or cognizant federal agency determines there good and sufficient cause to excuse the Recipient's delay in submitting the documentation, an extension of the 90-day due date may be approved by the Grants Officer. g. Regardless of any approved indirect cost rate applicable to the Award, the maximum dollar amount of allocable indirect costs for which DOC will reimburse the Recipient shall be the lesser of- (i) The line item amount for the federal share of indirect costs contained in the approved budget of the Award; or (ii) The federal share of the total allocable indirect costs of the Award based on the indirect cost rate approved by a cognizant or oversight federal agency and current at the time the cost was incurred, provided the rate is approved on or before the Award end date. 6. Incurring Costs Prior to Award. Project activities carried out prior to EDA's .approval of this Award shall be carried out at the sole risk of the Recipient. Such activity is subject to the rejection of the application, the disallowance of costs, or other adverse consequences as a result of noncompliance with EDA or federal law, including but not limited to procurement requirements, civil rights requirements, federal labor standards, or environmental and historic preservation requirements. Costs must be included in the EDA-approved budget and must be allowable costs under federal cost principles and under the Award. See 13 C.F.R. § 302.8. 7. Incurring Costs or Obligating Funds Beyond the Project Expiration Date. a. The Recipient shall not incur costs or obligate funds for any purpose pertaining to the Project, program, or activities beyond the expiration date stipulated in this Award (or the 7 date of acceptance of the Project by the contractor, whichever occurs earlier), unless a written time extension of this Award is granted by the Grants Officer. The only costs that are authorized for a period of up to 90 days following that date are those strictly associated with Closeout activities. Closeout activities are generally limited to the preparation of final reports. See 15 C.F.R. §§ 14.71 or 24.50, as applicable. b. The Recipient shall adhere to the development time schedule and time limits set out in the Terms and Conditions of this Award. Any such Term or Condition supersedes the development time schedule and time limits set out in these Construction Standard Terms and Conditions. 8. Time Extensions. a. Unless otherwise authorized in 15 C.F.R. §§ 14.25(e)(2) or 24.30, as applicable, or a special award condition, any extension of the Project period can only be authorized by the Grants Officer in writing. A verbal or written assurance of funding from other than the Grants Officer, including Regional Office staff other than the Grants Officer, does not constitute authority to obligate funds for programmatic activities beyond the expiration date. b. The Recipient is responsible for implementing the Project in accordance with the development time schedule contained in this Award. As soon as the Recipient becomes aware that it will not be possible to meet the development time schedule, the Recipient must notify the Grants Officer. The Recipient's notice to EDA must contain the following: (i) An explanation of the Recipient's inability to complete work by the specified date (e.g., a lengthy period of unusual weather delayed the contractor's ability to excavate the site, major re -engineering required in order to obtain State or federal approvals, unplanned environmental mitigation required); (ii) A statement that no other changes to the Project are contemplated; (iii) Documentation that demonstrates there is still a bona fide need for the Project; and (iv) A statement that no further delay is anticipated and that the Project can be completed within the revised time schedule. EDA reserves the right to withhold disbursements while the Recipient is not in compliance with the time schedule. EDA reserves the right to suspend or terminate this Award if the Recipient fails to proceed with reasonable diligence to accomplish the Project as intended. c. EDA has no obligation to provide any additional prospective funding. Any amendment of this Award to increase funding or to extend the period of performance is at the sole discretion of EDA. 9. Tax Refunds. Refunds of Federal Insurance Contributions Act and Federal Unemployment Tax Act ("FICA/FUTA") taxes received by the Recipient during or after the Project period must be refunded or credited to DOC where the benefits were financed with federal funds under the Award. The Recipient agrees to contact the Grants Officer immediately upon receipt of these refunds. The Recipient further agrees to refund portions of FICA/FUTA taxes determined to belong to the Federal Government, including refunds received after the expiration of this Award. 8 10. Program Income. For Projects that create long-term rental revenue (e.g., buildings or real property constructed or improved for the purpose of renting or leasing space), the Recipient agrees to use such income generated from the rental or lease of any Project facility in the following order of priority: a. Administration, operation, maintenance, and repair of Project facilities for their estimated useful life (as determined by EDA) in a manner consistent with good property management practice and in accordance with established building codes. This includes, where applicable, repayment of indebtedness resulting from any EDA-approved encumbrance (e.g., approved mortgage) on the EDA-assisted facility. b. Economic development activities that are authorized for support by EDA, provided such activities meet the economic development purposes of PWEDA. See 15 C.F.R. §§ 14.24 or 24.25, as applicable. C. Programmatic Requirements. 1. Quarterly Reporting. a. Quarterly performance reports must be submitted in accordance with the procedures set out in 15 C.F.R. parts 14 or 24, as applicable, and as indicated below. Failure to submit required reports in a timely manner may result in the withholding of payments under this Award; deferral of processing of new awards, amendments, or supplemental funding pending the receipt of the overdue report(s); or the establishment of an account receivable for the difference between the total federal share of outlays last reported and the amount disbursed. See 13 C.F.R. § 302.18(a). b. Unless otherwise specified in this Award, the quarterly performance report will contain the following information for each Project program, function, or activity: (i) A comparison of planned and actual accomplishments according to the timetable or list of Project objectives in this Award; (ii) An explanation of any delays or failures to meet the Project timetable or Project goals; and (iii) Any other pertinent information including, when appropriate, analysis, and explanation of cost overruns or high unit costs. c. Quarterly performance reports shall be submitted for each calendar quarter to the Project Officer. Each performance report will be due not later than January 15, April 15, July 15, and October 15 for the immediate previous quarter. The final Project performance report shall be submitted to EDA no more than 90 days after the Project Closeout date. This reporting requirement begins with the Recipient's acceptance of this Award and ends when EDA approves Project Closeout. See 15 C.F.R. §§ 14.51 or 24.40, as applicable. The Recipient shall submit quarterly performance reports to the EDA Project Officer in hardcopy or electronically as specified in the special award conditions. 2. Interim Reporting. The Recipient must report any event that will or may have significant impact upon the Project, including delays or adverse conditions that materially may affect the Z ability of the Recipient to attain Project objectives within established time periods or meet the development time schedule. The Recipient should report such events to the Project Officer in the most time -expedient way possible and then, if the initial report was not in writing, report the event to the Project Officer in writing. Such a report shall include a statement of the event or issue, a statement of the course of action contemplated to resolve the matter, and any federal assistance needed to resolve the situation. If budget changes are required, the Recipient must submit a written budget revision request. See 15 C.F.R. §§ 14.25(h) or 24.30(c)(2), as applicable. 3. Government Performance and Results Act Reporting. In addition to quarterly performance reports, EDA may require the Recipient to report on Project performance beyond the Project Closeout date for Government Performance and Results Act (GPRA) purposes. In no case shall the Recipient be required to submit any report more than ten years after the Project Closeout date. Data used by the Recipient in preparing reports shall be accurate and from independent sources whenever possible. See 13 C.F.R. § 302.16. 4. Unsatisfactory Performance. Failure to perform the work in accordance with the Terms and Conditions of the Award and maintain at least satisfactory performance at the discretion of EDA may result in the designation of the Recipient as high -risk and assignment of special award conditions or further action as specified in section C.7. of these Construction Standard Terms and Conditions. See 15 C.F.R. §§ 14.14 or 24.12, as applicable. 5. Programmatic Changes. a. The Recipient must report to the Grants Officer, and request prior approval for any programmatic change to the Award, in accordance with 15 C.F.R. §§ 14.25 or 24.30, as applicable. b. The Recipient must obtain the Grants Officer's written approval for any programmatic changes to the Award. Any changes made to the Project without FDA's approval are made at the Recipient's risk of nonpayment of costs, suspension, termination, or other EDA action with respect to the Award. See 13 C.F.R. § 302.7(b). Contract Change Orders. After construction contracts for the Project have been executed, it may become necessary to alter them. This requires a formal contract change order that must be issued by the Recipient and accepted by the contractor. All contract change orders must be reviewed by EDA, even if EDA is not participating in the cost of the change order or the contract price is to be reduced. Work on the Project may continue pending EDA review and approval of the change order, but all such work shall be at the Recipient's risk as to whether the cost of the work is eligible for EDA participation until the Recipient receives EDA approval for the change order. See 13 C.F.R. § 305.13. 6. Other Federal Awards with Similar Programmatic Activities. The Recipient shall immediately provide written notification to the Project Officer and the Grants Officer in the event that, subsequent to receipt of this Award, other financial assistance is received to support or fund any portion of the scope of work incorporated into this Award. EDA will not pay for costs that are funded by other sources. 7. Noncompliance with Award Provisions. Failure to comply with any or all of the Terms and Conditions of this Award may have a negative impact on the Recipient's ability to receive 10 future funding from the Department, including EDA, and may be considered grounds for any or all of the following actions; (a) the establishment of an account receivable; (b) withholding payments under any EDA or DOC Award(s) to the Recipient; (c) the imposition of additional special award conditions; (d) the suspension of any active DOC Awards; or (e) the termination of any active DOC Awards. The Recipient hereby agrees that the Government may at its option withhold disbursement of any Award funds if the Government learns or has knowledge that the Recipient has failed to comply in any manner with any Term or Condition of the Award. See 13 C.F.R. § 302.18. The Government may withhold funds until the violation or violations have been corrected to the Government's satisfaction. The Recipient further agrees to reimburse the Government for any ineligible costs paid from Award funds, or if the Recipient fails to reimburse the Government, the Government shall have the right to offset the amount of such ineligible costs from any undisbursed award funds held by the Government. The Recipient agrees to repay the Government for all ineligible costs incurred in connection with the Project and paid from the Award including but not limited to those costs determined to be ineligible if the Government learns of any Award violations after all Award funds have been disbursed. See 15 C.F.R. §§ 14.72-14.73 or 24.51-24.52, as applicable. Use by Beneficiary. In the event a beneficiary of the Project fails to comply in any manner with certifications, assurances, or agreements that such beneficiary has entered into in accordance with FDA's requirements, the Recipient will reimburse the Government the Award amount or an amount to be determined by the Government pursuant to 13 C.F.R. §§ 314.4 and 314.5. Where the Government determines that the failure of a beneficiary to comply with EDA requirements affects a portion of the property benefited by the Award, the Recipient will reimburse the Government proportionately. 9. Prohibition Against Assignment by the Recipient. Except as provided in a special award condition, the Recipient shall not transfer, pledge, mortgage, or otherwise assign the Award, or any interest therein, or any- claim arising thereunder, to any party or parties, banks, trust companies, or other financing or financial institutions. 10. Disclaimer Provisions; Hold Harmless Requirement. a. The United States expressly disclaims any and all responsibility or liability to the Recipient or third persons for the actions of the Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Award or any subaward or subcontract under this Award. b. The acceptance of this Award by the Recipient does not in any way constitute an agency relationship between the United States and the Recipient. c. To the extent permitted by law, the Recipient agrees to indemnify and hold the Government harmless from and against all liabilities that the Government may incur as a result of providing an Award to assist, directly or indirectly, in the preparation of the Project site or construction, renovation, or repair of any facility on the Project site, to the extent that such liabilities are incurred because of toxic or hazardous contamination or groundwater, surface water, soil, or other conditions caused by operations of the Recipient or any of its predecessors (other than the Government or its agents) on the property. See 13 C.F.R. § 302.19. 11 It. Prohibition on Use of Third Parties to Secure Award. Unless otherwise specified in the special award conditions to this Award, the Recipient warrants that no person or selling agency has been employed or retained to solicit or secure this Award upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the Recipient for the purpose of securing business. For breach or violation of this warrant, the Government has the right to annul this Award without liability, or at its discretion, to deduct from the Award sum, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 12. Payment of Attorneys' or Consultants' Fees. No Award funds shall be used, directly or indirectly, to reimburse attorneys' or consultants' fees incurred in connection with obtaining investment assistance under PWEDA, such as, for example, preparing the application for EDA investment assistance. However, ordinary and reasonable attorneys' and consultants' fees incurred for meeting Award requirements, such as, for example, conducting a title search or preparing plans and specifications, may be eligible Project costs and may be paid out of Award funds, provided such costs are otherwise eligible. See 13 C.F.R. § 302.10. 13. Commencement of Construction. a. Delayed Construction Starts. If significant construction (as determined by EDA) is not commenced within two years of the Award date or by the date estimated for start of construction in this Award (or the expiration of any extension granted in writing by EDA), whichever is later, this Award will be automatically suspended and may be terminated if EDA determines, after consultation with the Recipient, that construction to completion cannot reasonably be expected to proceed promptly and expeditiously. If significant construction has not been commenced within three years of the Award date, an extension must be approved by the Assistant Secretary. b. Early Construction Starts. The Recipient shall make a written request to EDA for early construction start permission (that is, after the date of Award, but before EDA gives formal approval for construction to commence). For Project costs to be eligible for EDA reimbursement, EDA must determine that the award of all contracts necessary for design and construction of the Project facilities is in compliance with the Terms and Conditions of this Award. If construction commences prior to EDA's determination, the Recipient proceeds at its own risk until FDA's review and concurrence. See 13 C.F.R. § 305.11. c. Project Sign.. The Recipient is responsible for constructing, erecting, and maintaining in good condition throughout the construction period a sign (or signs) in a conspicuous place at the Project site indicating that the Federal Government is participating in the Project. EDA will provide specifications for the sign and may require more than one sign if site conditions so warrant. If the EDA-recommended sign specifications conflict with State or local law, the Recipient may modify such recommended specifications so as to comply with State or local law. See 13 C.F.R. § 305.12. 14. Efficient Administration of Project. The Recipient agrees to properly and efficiently administer, operate, and maintain the Project for its estimated useful life, as required by section 504 of PWEDA (42 U.S.C. § 3194). If the Government determines, at any time during the estimated useful life of the facility, that the Project is not being properly and efficiently 12 administered, operated, and maintained, the Government may terminate this Award and require the Recipient to repay the Federal Share. See 13 C.F.R. §§ 302.12, 302.18, and 314.2-314.5. 15. Conflicts -of -Interest Rules. a. An "Interested Party" is defined in 13 C.F.R. § 300.3 as "any officer, employee, or member of the board of directors or other governing board of the Recipient, including any other parties that advise, approve, recommend, or otherwise participate in the business decisions of the Recipient, such as agents, advisors, consultants, attorneys, accountants, or shareholders." An Interested Party includes the Interested Parry's "Immediate Family" (defined in 13 C.F.R. § 300.3 as a person's spouse, parents, grandparents, siblings, children, and grandchildren, but does not include distant relatives, such as cousins, unless the distant relative lives in the same household as the person) and other persons directly connected to the Interested Party by law or through a business organization. In addition, "Immediate Family" includes an Interested Parry's "significant other" or partner. b. The Recipient must establish safeguards to prohibit an Interested Party from using its position for a purpose that constitutes or presents the appearance of personal or organizational conflicts -of -interest or of personal gain. See 13 C.F.R. § 302.17(a) and (b), 15 C.F.R. §§ 14.42 or 24.36(b)(3), as applicable, and Forms SF-424B ("Assurances — Non -Construction Projects") and SF-424D ("Assurances — Construction Projects"). c. An Interested Party must not receive any direct or indirect financial or personal benefits in connection with this Award or its use for payment or reimbursement of costs by or to the Recipient. A financial interest may include employment, stock ownership, a creditor or debtor relationship, or prospective employment with the organization selected or to be selected for a subaward. An appearance of impairment of objectivity could result from an organizational conflict where, because of other activities or relationships with other persons or entities, a person is unable or potentially unable to render impartial assistance or advice. It also could result from non -financial gain to the individual, such as benefit to reputation or prestige in a professional field. See 13 C.F.R. § 302.17(b). 16. Record -Keeping Requirements. a. Records. The Recipient must maintain records that document compliance with the Terms and Conditions of this Award. At a minimum, the Recipient's records must fully disclose: (i) The amount and disposition of EDA investment assistance; (ii) All Project expenditures and procurement actions; (iii) The total cost of the Project that the Award funds; (iv) The amount and nature of the portion of Project costs provided by non- EDA sources; (v) Contractor compliance with applicable federal requirements; and (vi) Such other records as EDA determines will facilitate an effective audit. b. Records Retention. In general, all records pertinent to this Award must be kept retained for a period of three years from the date of submission of the final project expenditure report (the final Form SF-271 for disbursement). The only exceptions are the following: 11 13 (i) If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved and final actions taken. (ii) Records for real property and equipment acquired with federal funds must be retained for three years after final disposition. (iii) When records are transferred or maintained by EDA, the three-year retention requirement is not applicable to the Recipient. Records relating to indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations on the rate at which a particular group of costs is chargeable are subject to different retention requirements. See 15 C.F.R. §§ 14.53 or 24.42, as applicable. The Recipient is responsible for monitoring any subrecipients and contractors to ensure their compliance with the records retention requirements. The Recipient must immediately notify the Project Officer in case records are not retained for the general retention periods noted above. See 13 C.F.R. § 302.14 and 15 C.F.R. §§ 14.50-14.53 or §§ 24.40-24.42, as applicable. 17. Termination Actions. a. Termination for Cause. If the Recipient materially fails to comply with any of the Terms and Conditions of this Award, EDA has the right to terminate for cause all or any part of its obligation hereunder, including if: (i) Any representation made by the Recipient to the Government in connection with the application for Government assistance is incorrect or incomplete in any material respect; (ii) The intent and purpose and/or the economic feasibility of the Project is changed substantially so as to affect significantly the accomplishment of the Project as intended (including an unauthorized use of property as provided in 13 C.F.R § 314.4); (iii) The Recipient has violated commitments it made in its application and supporting documents or has violated any of the Terms and Conditions of this Award; (iv) The conflicts -of -interest rules in 13 C.F.R. § 302.17 are violated; or (v) The Recipient fails to report immediately to the Government any change of authorized representative(s) acting in lieu of or on behalf of the Recipient. In addition, EDA may take one or more of the actions set out in 15 C.F.R. §§ 14.62(a) or 24.43(a), as applicable. b. Termination for Convenience. The Recipient may request at any time termination for convenience of this Award upon sending to the Grants Officer written notification in a form acceptable to EDA setting forth the reasons for requesting the termination and the effective date of such termination. See 15 C.F.R. §§ 14.61 or 24.44, as applicable. 18. Project Closeout Procedures. After construction is completed and the Project is closed out financially, the Recipient has an ongoing responsibility to properly administer, operate, and maintain the Project for its estimated useful life (as determined by EDA) in accordance with its original purpose. See 13 C.F.R. § 302.12. The Recipient must comply with all Award 14 requirements and maintain records to document such compliance, which shall be made available for inspection by EDA or other Government officials as required. a. Final Disbursement. When Project construction and final inspection have been completed, or substantially completed as determined by EDA, and the Recipient has accepted the Project from the contractor, the Recipient can begin the Closeout process by submitting the following documentation to EDA: (i) A request for final disbursement on an executed Form SF-271; (ii) A written certification that all costs claimed are for eligible activities under this Award, for which there is documentation in the Recipient's records; (iii) An executed certificate of final acceptance signed by the Recipient and the Recipient's architect/engineer; (iv) The Recipient's certification that its currently valid single or program -specific audit in accordance with OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations," if applicable, does not contain any material findings (if the Recipient's currently valid OMB CircularA-133 audit does contain material findings, the Recipient shall submit the applicable audit in hardcopy to the Grants Officer); (v) The Recipient's certification that its currently valid audit (in accordance with OMB Circular A-133), if applicable, has been submitted to the Federal Audit Clearinghouse; and (vi) Other documentation as may be required by EDA. EDA shall advise the Recipient of costs determined to be eligible and ineligible. If a balance of this Award is due to the Recipient, the balance will be paid by wire transfer. If the Recipient has received an amount in excess of the amount due the Recipient, the Recipient must refund the excess to EDA. The Recipient shall contact the Project Officer for refund instructions. As noted above, if the Recipient's currently valid OMB Circular A-133 audit contains material findings, the Recipient shall submit the audit in hardcopy to the Grants Officer before final disbursement. b. The Recipient shall submit, within 90 calendar days after the Project Closeout date, all financial, performance, and other reports as required by the Terms and Conditions of this Award. Additional GPRA reporting requirements also may apply. c. Unless EDA authorizes an extension, the Recipient shall liquidate all obligations incurred under this Award no later than 90 calendar days after acceptance of the Project from the contractor or before the expiration date of this Award, whichever occurs earlier. d. The, Closeout of this Award does not affect any of the following: (i) Audit requirements per OMB Circular A-133 and the related "Compliance Supplement;" (ii) The right of EDA to disallow costs and recover funds on the basis of a later audit or other Project review; (iii) The Recipient's obligation to return any funds due as a result of later corrections or other transactions; and 15 (iv) Requirements for property management, records retention, and performance measurement reports. D. Additional Requirements Relating to Construction Projects. The Recipient and any subrecipient(s) must, in addition to other statutory and regulatory requirements detailed in these Construction Standard Terms and Conditions and the assurances made to EDA in connection with the Award, comply and require each of its contractors and subcontractors employed in the completion of the Project to comply with all applicable federal, State, territorial, and local laws, and in particular, the following federal public laws (and the regulations issued thereunder), Executive Orders, OMB Circulars, and local law requirements. 1. The Davis -Bacon Act, as amended (40 U.S.C. §§ 3141-31449 3146, 3147; 42 U.S.C. § 3212) Requiring minimum wages for mechanics and laborers employed on Federal Government public works projects to be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the Project is to be performed, or in the District of Columbia if the Project is to be performed there. 2. The Contract Work Hours and Safety Standards Act, as amended (40 U.S.C. §§ 3701— 3708) Providing work hour standards for every laborer and mechanic employed by any contractor or subcontractor in the performance of a federal public works project. 3. The National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470 et seq.), and the Advisory Council on Historic Preservation Guidelines Requiring projects involving federal funds to follow the requirements of the National Historic Preservation Act, which requires stewardship of historic properties. 4. The Historical and Archeological Data Preservation Act of 1974, as amended (16 U.S.C. § 469a-1 et seq.) Requiring appropriate surveys and preservation efforts if a federally -licensed project may cause irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data. 5. Architectural Barriers Act of 1968, as amended (42 U.S.C. § 4151 et seq.), and the regulations issued thereunder, which prescribe standards for the design and construction of any building or facility intended to be accessible to the public or that may house handicapped employees. 6. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. § 4601 et seq.), and implementing regulations issued at 49 C.F.R. part 24, which establish uniform policies for the fair and equitable treatment of persons, businesses, or farm operations affected by the acquisition, rehabilitation, or demolition of real property acquired for a Project financed wholly or in part with federal financial assistance. 7. The Energy Conservation and Production Act (42 U.S.C. § 6834 et seq.) Establishing energy efficiency performance standards for the construction of new residential and commercial structures undertaken with federal financial assistance. 16 8. Requirements for New Construction. For new building construction projects, the Recipient will comply with current local building codes, standards_, and other requirements applicable to the Project. E. Non -Discrimination Requirements. No person in the United States shall, on the ground of race, color, national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. The Recipient agrees to comply with the following non-discrimination requirements. 1. Statutory Provisions. a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and DOC implementing regulations published at 15 C.F.R. part 8, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; b. Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which prohibits discrimination on the basis of sex under federally -assisted education programs or activities; c. Pub. L. No. 92-65, 42 U.S.C. § 3123, which proscribes discrimination on the basis of sex in EDA assistance provided under PWEDA; Pub. L. No. 94-369, 42 U.S.C. § 6709, which proscribes discrimination on the basis of sex under the Local Public Works Program; and the Department's implementing regulations at 15 C.F.R. §§ 8.7-8.15; d. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC implementing regulations published at 15 C.F.R. part 8b, which prohibit discrimination on the basis of handicap under any program or activity receiving or benefiting from federal assistance; e. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.) and DOC implementing regulations published at 15 C.F.R. part 20, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; f. The Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by State and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation; and g. Other applicable federal statutes, regulations, and Executive Orders. 2. Other Provisions. a. Parts II and III of Executive Order 11246 (30 Fed. Reg. 12319, 1965), as amended by Executive Order 11375 (32 Fed. Reg. 14303, 1967) and 12086 (43 Fed. Reg. 46501, 1978), requiring federally -assisted construction contracts to include the nondiscrimination provisions of §§ 202 and 203 of that Executive Order and Department of Labor regulations implementing Executive Order. 11246 (41 C.F.R. § 60-1.4(b), 1991). I 17 b. Executive Order 13166 (August 11, 2000), "Improving Access to Services for Persons With Limited English Proficiency," and DOC policy guidance issued on March 24, 2003 (68 Fed. Reg. 14180) to federal financial assistance Recipients on the Title VI prohibition against national origin discrimination affecting Limited English Proficient ("LEP") persons. 3. Title VH Exemption for Religious Organizations. Generally, Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), provides that it shall be an unlawful employment practice for an employer to discharge any individual or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin. However, Title VII, 42 U.S.C. § 2000e-l(a), expressly exempts from the prohibition against discrimination on the basis of religion, a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. F. Audits. Under the Inspector General Act of 1978, as amended (5 U.S.C. App. 3, § 1 et seq.), an audit of the Award may be conducted at any time. The Department's Inspector General ("OIG"), or any of his or her duly authorized representatives, shall have access to any pertinent books, documents, papers, and records of the Recipient, whether written, printed, recorded, produced, or reproduced by any electronic, mechanical, magnetic, or other process or medium, in order to make audits, inspections, excerpts, transcripts, or other examinations as authorized by law. When the OIG requires a program audit on a DOC Award, the OIG will usually make the arrangements to audit the Award, whether the audit is performed by OIG personnel, an independent accountant under contract with DOC, or any other federal, State, or local audit entity. 1. Requirement to Have an OMB Circular A-133 Audit Performed; Organization -Wide, Program -Specific, and Project Audits. a. Organization -wide or program -specific audits shall be performed in accordance with the Single Audit Act Amendments of 1996, as implemented by OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations," and the related "Compliance Supplement." Recipients that expend federal awards of $500,000 or more in a fiscal year shall have an audit conducted for that year in accordance with the requirements contained in OMB Circular A-133. A copy of the audit shall be submitted to the Bureau of the Census, which has been designated by OMB as a central clearinghouse. The address is: Federal Audit Clearinghouse 1201 E. 101' Street Jeffersonville, IN 47132 b. In accordance with 15 C.F.R. § 14.26 (c) and (d), for -profit hospitals, commercial; and other organizations not covered by the audit provisions of OMB Circular A-133 that expend federal awards of $500,000 or more in a fiscal year, are required to have a program - specific audit performed at the conclusion of the Project, but no less than once every five years. Some DOC programs have specific audit guidelines that will be incorporated into 18 the Award. If DOC does not have a program -specific audit guide available for the program, the auditor should follow Generally Accepted Government Auditing Standards and the requirements for a program -specific audit as described in OMB Circular A-133 § _.235. A copy of the program -specific audit shall be submitted to the OIG at the following address with a copy of the transmittal letter to the Grants Officer: Office of Inspector General U.S. Department of Commerce Atlanta Regional Office of Audits 401 West Peachtree Street, N.W., Suite 2742 Atlanta, GA 30308 2. Requirement to Submit Audit to EDA. If the Recipient's currently valid audit required under OMB Circular A-133 contains materials findings, the Recipient must submit the audit in hardcopy to the Grants Officer. See also section C.I 8.a. of these Construction Standard Terms and Conditions. 3. Audit Resolution Process. a. An audit of the Award may result in the disallowance of costs incurred by the Recipient and the establishment of a debt (account receivable) due to EDA. For this reason, the Recipient should take seriously its responsibility to respond to all audit findings and recommendations with adequate explanations and supporting evidence whenever audit results are disputed. b. In accordance with the Federal Register notice dated January 27, 1989 (54 Fed. Reg. 4053), a Recipient whose Award is audited has the following opportunities to dispute the proposed disallowance of costs and the establishment of a debt: (i) Unless the OIG determines otherwise, the Recipient has 30 days from the date of the transmittal of the "Draft Audit Report" to submit written comments and documentary evidence. (ii) The Recipient has 30 days from the date of the transmittal of the "Final Audit Report" to submit written comments and documentary evidence. There shall be no extension of this deadline. (iii) EDA shall review the documentary evidence submitted by the Recipient and shall notify the Recipient of the results in an "Audit Resolution Determination Letter." The Recipient has 30 days from the date of receipt of the Audit Resolution Determination Letter to submit a written appeal. There shall be no extension of this deadline. The appeal is the last opportunity for the Recipient to submit written comments and documentary evidence that dispute the validity of the Audit Resolution Determination Letter. (iv) An appeal of the Audit Resolution Determination Letter does not prevent the establishment of the audit -related debt nor does it prevent the accrual of interest on such debt. If the Audit Resolution Determination Letter is overruled or modified on appeal, appropriate corrective action will be taken retroactively. An appeal will stay the offset of funds owed by the auditee against funds due to the auditee. EDA shall review the Recipient's appeal and notify the Recipient of the results in an Appeal Determination Letter. After the opportunity to appeal has expired or after the 19 Appeal Determination Letter has been rendered, EDA will not accept any further documentary evidence from the Recipient. No other administrative appeals are available in the Department. G. Debts. 1. Payment of Debts Owed the Federal Government. Any debt determined to be owed to the Federal Government must be paid promptly by the Recipient. In accordance with 15 C.F.R. § 21.4, a debt will be considered delinquent if it is not paid within 15 days of the established due date or, if there is no due date, within 30 days of the billing date. Failure to pay a debt by the due date or, if there is no due date, within 30 days of the billing date, shall result in the imposition of late payment charges as noted below. In addition, failure to pay the debt or establish a repayment agreement by the due date or, if there is no due date, within 30 days of the billing date, will also result in the referral of the debt for collection action, including referral to the Treasury Offset Program (31 C.F.R. § 285.5) and may result in EDA taking further action as specified in section C.7. of these Construction Standard Terms and Conditions. The Recipient also may be suspended or debarred from further federal financial and non -financial assistance and benefits, as provided in 2 C.F.R. part 1326, "Nonprocurement Debarment and Suspension" until the debt has been paid in full or until a repayment agreement has been approved and payments are made in accordance with the repayment agreement. Payment of a debt may not come from other federally -sponsored programs. Verification that other federal funds have not been used will be made during future program visits and audits. 2. Late Payment Charges. a. An interest charge shall be assessed on the delinquent debt as established by the Debt Collection Act of 1982, as amended (31 U.S.C. § 3701 et seq.). The minimum annual interest rate to be assessed is the U.S. Department of the Treasury's "Current Value of Funds Rate" ("CVFR"). See www.fins.treas.gov/cvfr/index.htmi. The U.S. Department of Treasury annually publishes the CVFR in the Federal Register. The assessed rate shall remain fixed for the duration of the indebtedness. b. A penalty charge will be assessed on any portion of a debt that is delinquent for more than 90 days, although the charge will accrue and be assessed from the date the debt became delinquent. c. An administrative charge will be assessed to cover processing and handling the amount due. 3. Barring Delinquent Federal Debtors from Obtaining Federal Loans or Loan Insurance Guarantees. Pursuant to 31 U.S.C. § 372013, unless waived, the Department is not permitted to extend financial assistance in the form of a loan, loan guaranty, or loan insurance to any person delinquent on a non -tax debt owed to a federal agency. This prohibition does not apply to disaster loans. 20 4. Effect of Judgment Lien on Eligibility for Federal Grants, Loans, or Programs. Pursuant to 28 U.S.C. § 3201(e), unless waived by DOC, a debtor who has a judgment lien against the debtor's property for a debt to the United States shall not be eligible to receive any grant or loan that is made, insured, guaranteed, or financed directly or indirectly by the U.S. or to receive funds directly from the Federal Government in any program, except funds to which the debtor is entitled as beneficiary, until the judgment is paid in full or otherwise satisfied. H. Name Check Reviews. l . Name Check Requirement. A name check review will be performed by the OIG on key individuals associated with nonprofit organization applicants, unless: (a) the proposed award amount is $100,000 or less; (b) the applicant has been a Recipient of financial assistance from the Department for three or more consecutive years without any adverse programmatic or audit finding; or (c) the applicant is a unit of a State or local government. See "Department of Commerce Pre Award Notification Requirements for Grants and Cooperative Agreements" (69 Fed. Reg. 78389, December 30, 2004). 2. Exemptions. The following individuals who are acting on behalf of their respective entities in applying for assistance are exempt from the name check review process: a. Officials of State and local governments; b. Officials of accredited colleges and universities; and c. Officials of economic development districts designated by EDA, including those entities whose designations are pending. 3. Results of Name Checks. EDA reserves the right to take any of the actions described in section H.4. below if any of the following occurs as a result of the name check review: a. A key individual fails to submit the required Form CD-346, "Applicant for Funding Assistance;" b. A key individual makes an incorrect statement or omits a material fact on Form CD-346; or c. The name check reveals significant adverse findings that reflect on the business integrity or responsibility of the applicant and/or key individual. 4. Action(s) Taken as a Result of Name Check Review. If any situation listed in section H.3. above occurs, the Department, at its discretion, may take one or more of the following actions: a. Consider suspension or termination of the Award; b. Require the removal of any key individual from association with the management or implementation of the Award; or c. Make appropriate provisions or revisions as needed (in the special award conditions to the Award) with respect to the method of payment and/or financial reporting requirements. 21 1 1 Governmentwide Debarment and Suspension (Non -procurement). The Recipient shall comply with the provisions of subpart C of 2 C.F.R. part 1326, "Non -Procurement Debarment and Suspension," which generally prohibit entities that have been debarred, suspended, or voluntarily excluded from participating in federal non -procurement transactions either through primary or lower -tier covered transactions. J. Drug -free Workplace. The Recipient shall comply with the provisions of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 702), and the Department's implementing regulations found at 15 C.F.R. part 29, "Government -wide Requirements for Drug -Free Workplace (Financial Assistance)" which require that the Recipient take steps to provide a drug -free workplace. K. Lobbying Restrictions. 1. Statutory Provisions. The Recipient must comply with the provisions of 31 U.S.C. § 1352 and the Department's implementing regulations published at 15 C.F.R. part 28, "New Restrictions on Lobbying." These provisions generally prohibit the use of federal funds for lobbying the executive or legislative branches of the United States government in connection with the Award and require the disclosure of the use of non-federal funds for lobbying. 2. Disclosure of Lobbying Activities. A Recipient receiving in excess of $100,000 in federal funding must submit a completed Form SF-LLL, "Disclosure of Lobbying Activities," regarding the use of non-federal funds for lobbying. The Form SF-LLL must be submitted within 30 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The Recipient must submit Form SF-LLL from all applicable parties, including those received from subrecipients, contractors, and subcontractors, to the Grants Officer. 3. Special Provisions Relating to Indian Tribes. As set out in 31 U.S.C. § 1352, there are special provisions applicable to Indian Tribes, tribal organizations, or other Indian organizations eligible to receive federal contracts, grants, loans, or cooperative agreements. In accordance with Departmental policy, EDA recognizes Tribal Employment Rights Ordinances ("TEROs"), which may provide for preferences in contracting and employment, in connection with its financial assistance awards. Tribal ordinances requiring preference in contracting, hiring, firing, and the payment of a TERO fee generally are allowable provisions under federal awards granted to American Indian and Alaska Native tribal governments. The payment of the TERO fee, which supports the tribal employment rights office to administer the preferences, should generally be allowable as an expense that is "necessary and reasonable for proper and efficient performance and administration" of an Award, as provided under the applicable cost principles set out in 2 C.F.R. part 225. L. Codes of Conduct and Subaward, Contract, and Subcontract Provisions. 1. Code of Conduct for Recipients. Pursuant to the certification in Form SF-42413, paragraph 3, the Recipient must maintain written standards of conduct to establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflicts -of -interest or personal gain in the administration of this Award. 22 2. Applicability of Award Provisions to Subrecipients. a. The Recipient shall require all subrecipients, including lower tier subrecipients, under the award to comply with the provisions of this Award, including applicable cost principles, administrative, and audit requirements. b. A Recipient is responsible for subrecipient monitoring, including the following: (i) Award Identification — At the time of the Award, identifying to the subrecipient the federal award information (e.g., Catalog of Federal Domestic Assistance ("CFDA") title and number, name of the federal agency, and the Award number) and applicable compliance requirements. (ii) During -the -Award Monitoring — Monitoring the subrecipient's use of federal awards through reporting, site visits, regular contact, or other means to provide reasonable assurance that the subrecipient administers federal awards in compliance with laws, regulations, and the provisions of contracts or grant agreements and that performance goals are achieved. (iii) Subrecipient Audits — Ensuring that a subrecipient expending federal awards of $500,000 or more during the subrecipient's fiscal year has met the audit requirements of OMB Circular A-133 and that the required audits are completed within nine months of the end of the subrecipient's audit period. In addition, the Recipient is required to issue a management decision on audit findings within six months after receipt of the subrecipient's audit report and ensure that the subrecipient takes timely and appropriate corrective action on all audit findings. In cases of a subrecipient's continued inability or unwillingness to have the required audits, the pass -through entity shall take appropriate action using sanctions. 3. Competition and Codes of Conduct for Subawards. a. All subawards will be made in a manner to provide, to the maximum extent practicable, open and free competition. The Recipient must be alert to organizational conflicts of interest as well as other practices among subrecipients that may restrict or eliminate competition. In order to ensure objective subrecipient performance and eliminate unfair competitive advantage, subrecipients that develop or draft work requirements, statements of work, or requests for proposals shall be excluded from competing for such subawards. b. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the Award and administration of subawards. No employee, officer, or agent shall participate in the selection, award, or administration of a subaward supported by federal funds if a real or apparent conflict -of -interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization in which he/she serves as an officer or which employs or is about to employ any of the parties mentioned in this section, has a financial interest or other interest in the organization selected or to be selected for a subaward. The officers, employees, and agents of the Recipient shall neither solicit nor accept anything of monetary value from subrecipients. However, the Recipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary z� 23 actions to be applied for violations of such standards by officers, employees, or agents of the Recipient. c. A financial interest may include employment, stock ownership, a creditor or debtor relationship, or prospective employment with the organization selected or to be selected for a subaward. An appearance of impairment of objectivity could result from an organizational conflict where, because of other activities or relationships with other persons or entities, a person is unable or potentially unable to render impartial assistance or advice. It could also result from non -financial gain to the individual, such as benefit to reputation or prestige in a professional field. 4. Applicability of Provisions to Subawards, Contracts, and Subcontracts. a. The Recipient shall include the following notice in each request for applications or bids: Applicants/bidders for a lower tier covered transaction (except procurement contracts for goods and services under $25,000 not requiring the consent of a DOC official) are subject to 2 C.F.R. part 1326, subpart C, "Governmentwide Debarment and Suspension (Nonprocurement)" In addition, applicants/bidders for a lower tier covered transaction for a subaward, contract, or subcontract greater than $100,000 of federal funds at any tier are subject to 15 C.F.R. part 28, "New Restrictions on Lobbying." Applicants/bidders should familiarize themselves with these provisions, including the certification requirement. Therefore, applications for a lower tier covered transaction must include a Form CD-512, "Certification Regarding Lobbying —Lower Tier Covered Transactions," completed without modification. b. The Recipient shall include a term or condition in all lower tier covered transactions (subawards, contracts, and subcontracts), that the Award is subject to subpart C of 2 C.F.R. part 1326, "Governmentwide Debarment and Suspension (Nonprocurement)." c. The Recipient shall include a statement in all lower tier covered transactions (subawards, contracts, and subcontracts) exceeding $100,000 in federal funds, that the subaward, contract, or subcontract is subject to 31 U.S.0 § 1352, as implemented at 15 C.F.R. part 28, regarding new restrictions on lobbying. The Recipient shall further require the subrecipient, contractor, or subcontractor to submit a completed Form SF-LLL, "Disclosure of Lobbying Activities," regarding the use of non-federal funds for lobbying. The Form SF-LLL shall be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The Form SF-LLL shall be submitted from tier to tier until received by the Recipient. The Recipient must submit all disclosure forms received, including those that report lobbying activity on its own behalf, to the Grants Officer within 30 days following the end of the calendar quarter. 5. Minority -Owned Business Enterprise. DOC encourages Recipients to utilize minority- and women -owned firms and enterprises in contracts under financial assistance awards. The Minority Business Development Agency will assist Recipients in matching qualified minority owned enterprises with contract opportunities. For further information contact: 24 U.S. Department of Commerce Minority Business Development Agency 1401 Constitution Avenue, N.W. Washington, D.C. 20230 Website: www.mbdagov/ 6. Subaward and/or Contract to a Federal Agency. The Recipient, subrecipient, contractor and/or subcontractor shall not subgrant or subcontract any part of the approved Project to any agency or employee of DOC or other federal department, agency, or instrumentality without the prior written approval of the Grants Officer. Requests for approval of such action must be submitted to the Project Officer who shall review and make a recommendation to the Grants Officer. The Grants Officer shall make the final determination and will notify the Recipient in writing of the final determination. 7. EDA Contracting Provisions for Construction Projects. The Recipient shall use the "EDA Contracting Provisions for Construction Projects" as guidance in developing all construction contracts. The "EDA Contracting Provisions for Construction Projects" lists applicable EDA and other federal requirements for construction contracts. M. Property. Standards. With respect to any property acquired or improved in whole or in part with EDA investment assistance under this Award, the Recipient shall comply with the property management standards found in EDA's regulations at 13 C.F.R. part 314. Property acquired or improved in whole or in part by the Recipient under this Award may consist of real personal property, including intangible property such as money, notes, and security interests. Any inventory listings stipulated under the applicable uniform administrative requirements must be submitted to the Grants Officer on Form CD-281, "Report of Government Property in Possession of Contractor." 2. Retention of Title. a. The Government shall determine who retains title to all nonexpendable personal property in accordance with 15 C.F.R. parts 14 or 24, as applicable. Use, management, and the disposition of such property will be in accordance with the requirements set out at 15 C.F.R. parts 14 or 24, as applicable, and FDA's regulations at 13 C.F.R. part 314. b. Title to real property (whether acquired partly or wholly with federal funds) will vest with the Recipient subject to the condition that the Recipient uses the real property for the authorized purpose of the Project. 3. EDA's Interest in Award Property. a. Evidence of Title. Prior to the advertisement of bids or at such other time as EDA requires, the Recipient must furnish evidence, satisfactory in form or substance to the Government, that title to real property required for the Project (other than property of the United States 25 and as provided in 13 C.F.R. § 314.7(c)) is vested in the Recipient and that such easements, rights -of -way, State or local government permits, long-term leases, or other items required for the Project have been or will be obtained by the Recipient within an acceptable time, as determined by the Government. All liens, mortgages, other encumbrances, reservations, reversionary interests, or other restrictions on title or the Recipient's interest in the property must be disclosed to EDA. With limited exceptions set forth in 13 C.F.R. § 314.6(b) or as otherwise authorized by EDA, Recipient -owned property acquired or improved in whole or in part with EDA investment assistance must not be used to secure a mortgage or deed of trust or in any way otherwise encumbered. See 13 C.F.R. § 314.6. b. Recording FDA's Interest in Property. (i) For all Projects involving the acquisition, construction, or improvement of a building, as determined by EDA, the Recipient shall execute and furnish to the Government, prior to initial Award disbursement, a lien, covenant, or other statement, satisfactory to EDA in form and substance, of EDA's interest in the property acquired or improved in whole or in part with the funds made available under this Award. EDA may require such statement after initial Award disbursement in the event that grant funds are being used to acquire such property. The statement must specify the estimated useful life of the Project and shall include but not be limited to the disposition, encumbrance, and the Federal Share compensation requirements. See 13 C.F.R. §§ 314.1 and 314.8(a). (ii) This lien, covenant, or other statement of the Government's interest must be perfected and placed of record in the real property records of the jurisdiction in which the property is located, all in accordance with applicable law. EDA shall require an opinion of counsel for the Recipient to substantiate that the document has been properly recorded. See 13 C.F.R. § 314.8(b). (iii) Facilities in which the EDA investment is only a small part of a larger project, as determined by EDA, may be exempted from the requirements listed in paragraphs M.3.b.(i) and (ii) above. See 13 C.F.R. § 314.8(c). c. The Recipient acknowledges that the Government retains an undivided equitable reversionary interest in the property acquired or improved in whole or in part with grant funds made available through this Award throughout the estimated useful life (as determined by EDA) of the Project, except in applicable instances set forth in 13 C.F.R. § 314.7(c). See also 13 C.F.R. § 314.2(a). d. The Recipient agrees that in the event that any interest in property acquired or improved in whole or in part with EDA investment assistance is disposed of, encumbered or alienated in any manner, or no longer used for the authorized purpose(s) of the Award during the Project's estimated useful life without FDA's written approval, the Government will be entitled to recover the Federal Share, as defined at 13 C.F.R. § 314.5. If, during the Project's estimated useful life, the property is no longer needed for the purpose(s) of the Award, as determined by EDA, EDA may permit its use for other acceptable purposes consistent with those authorized by PWEDA and 13 C.F.R. chapter III. See 13 C.F.R. § 314.3(b). 26 e. For purposes of any lien or security interest, the amount of the Federal Share shall be the portion of the current fair market value of any property (after deducting any actual and reasonable selling and repair expenses incurred to put the property into marketable condition) attributable to EDA's participation in the Project. See 13 C.F.R. § 314.5. f. The alienation of Award property includes sale or other conveyance of the Recipient's interest, leasing or mortgaging the property, or granting an option for any of the foregoing. 4. Insurance and Bonding. a. Recipients that are Institutions of Higher Education, Hospitals, Other Non -Profit and Commercial Organizations. The Recipient shall, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired with federal funds as provided to property owned by the Recipient. Federally -owned property need not be insured unless required by the terms and conditions of the award. See 15 C.F.R. § 14.31. b. Recipients that are State and Local Governments. If the Award exceeds the simplified acquisition threshold, EDA may accept the Recipient's or subrecipient's bonding policy and requirements if EDA determines that the Federal Interest is adequately protected. If not, the following minimum requirements shall apply: (i) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the proffered bid, execute such contractual documents as may be required within the time specified; (ii) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract; and (iii) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. See 15 C.F.R. § 24.36(h) 5. Leasing Restrictions. Leasing or renting of facilities or property is prohibited unless specifically authorized by EDA. The Recipient agrees that any leasing or renting of any facilities or property involved in this Project will be subject to the following: a. That said lease arrangement is consistent with the authorized general and special purpose of the Award; b. That said lease arrangement is for adequate consideration; and c. That said lease arrangement is consistent with applicable EDA requirements concerning but not limited to nondiscrimination and environmental compliance. 6. Use of Eminent Domain Prohibited. The Recipient will use funds solely for the authorized use of the Project. Pursuant to Executive Order 13406, "Protecting the Property Rights of the American People," the Recipient agrees: 27 a. Not to use any power of eminent domain available to the Recipient (including the commencement of eminent domain proceedings) for use in connection with the Project for the purpose of advancing the economic interests of private parties; and b. Not to accept title to land, easements, or other interests in land acquired by the use of any power of eminent domain for use in connection with the Project for such purposes. The Recipient agrees that any use of the power of eminent domain to acquire land, easements, or interests in land, whether by the Recipient or any other entity that has the power of eminent domain, in connection with the Project without prior written consent of EDA is an unauthorized use of the Project. If the Recipient puts the Project to an unauthorized use, the Recipient shall compensate EDA for its fair share in accordance with 13 C.F.R. §§ 314.4 and 314.5, as same may be amended from time to time. 7. Disposal of Real Property. a. If EDA and the Recipient determine that property acquired or improved in whole or in part with EDA investment assistance is no longer needed for the original purpose(s) of this Award, the Recipient must obtain approval from the Government to use the property in other federal grant programs or in programs that have purposes consistent with those authorized by PWEDA and 13 C.F.R. chapter III. See 13 C.F.R. § 314.3(b). b. When property is not disposed of as provided in section M.7.a. above, the Government shall determine final disposition and must be compensated by the Recipient for the Federal Share of the value of the property, plus costs and interest, as provided in 13 C.F.R. § 314.4. N. . Environmental Requirements. Environmental impacts must be considered by federal decision -makers in their decisions whether or not to: (i) approve a proposal for federal assistance; (ii) approve the proposal with mitigation; or (iii) approve a different proposal/grant having less adverse environmental impacts. Federal environmental laws require that the funding agency initiate a planning process with early consideration of potential environmental impacts that Project(s) funded with federal assistance may have on the environment. The Recipient and any subrecipients shall comply with all environmental standards, to include those prescribed under the following statutes and Executive Orders, and shall identify to the awarding agency any impact the Award may have on the environment. In some cases, the Grants Officer can withhold Award funds under a special award condition requiring the Recipient to submit additional environmental compliance information sufficient to enable the Department to make an assessment on any impacts that a Project may have on the environment. 1. The National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.) The National Environmental Policy Act ("NEPA") and the Council on Environmental Quality ("CEQ") implementing regulations (40 C.F.R. parts 1500 — 1508) require that an environmental analysis be completed for all major federal actions significantly affecting the environment. NEPA applies to the actions of federal agencies and may include a federal agency's decision to fund non-federal projects under grants and cooperative agreements. Recipients of federal assistance are required to identify to the awarding agency any impact an award will have on the quality of the human environment and assist the agency to comply with NEPA. Recipients may also be requested to assist EDA in drafting an environmental 28 assessment if EDA determines an assessment is required. If additional information is required during the period of the Award, funds can be withheld by the Grants Officer under a special award condition requiring the Recipient to submit additional environmental compliance information sufficient to enable EDA to make an assessment on any impacts that the Project may have on the environment. 2. Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. §§ 4371— 4375) Federally -supported public works facilities and activities that affect the environment shall be implemented in compliance with policies established under existing law. 3. Executive Order 12088, "Federal Compliance with Pollution Control Standards," (43 Fed. Reg. 47707, October 13,1978), as amended All necessary actions shall be taken for the prevention, control, and abatement of environmental pollution with respect to federally -supported facilities and activities 4. Executive Order 11514, "Protection and Enhancement of Environmental Quality," (35 Fed. Reg. 4247, March 5,1970), as amended Federally -supported facilities and activities shall be maintained and directed to meet national environmental goals. 5. Executive Order 11593, "Protection and Enhancement of the Cultural Environment," (36 Fed. Reg. 8921, May 13,1971), as amended Federally -owned sites, structures, and objects of historical, architectural, or archaeological significance shall be preserved, restored, and maintained. 6. Clean Air Act, Clean Water Act, and Executive Order 11738 Recipients must comply with the provisions of the Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (42 U.S.C. § 1251 et seq.), and Executive Order 11738, and shall not use a facility on the Environmental Protection Agency's ("EPA") List of Violating Facilities in performing any Award that is nonexempt under 2 C.F.R. § 1532, and shall notify the EDA Project Officer in writing if it intends to use a facility that is on EPA's List of Violating Facilities or knows that the facility has been recommended to be placed on the List. 7. The Safe Drinking Water Act of 1974, as amended (42 U.S.C. § 300f et seq.) This Act precludes federal assistance for any project that the EPA determines may contaminate a sole source aquifer so as to threaten public health. 8. Executive Order 11988, "Floodplain Management," (42 Fed. Reg. 2051, May 24,1977) and Executive Order 11990, "Protection of Wetlands," (42 Fed. Reg. 2061, May 24,1977) Recipients must identify proposed actions in federally -defined floodplains and wetlands to enable the agency to make a determination whether there is an alternative to minimize any potential harm. 9. The Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4002 et seq.), and regulations and guidelines issued thereunder by the U.S. Federal Emergency Management Administration ("FEMA") or by EDA Flood insurance, when available, is required for federally -assisted construction or acquisition in flood -prone areas. 29 J 10. The Coastal Zone Management Act of 1972, as amended (16 U.S.C. § 1451 et seq.) Funded projects must be consistent with a coastal State's approved management plan for the coastal zone. 11. The Coastal Barrier Resources Act, as amended, (16 U.S.C. § 3501 et seq.) Restrictions are placed on federal funding for actions within a Coastal Barrier System. 12. The Wild and Scenic Rivers Act, as amended, (16 U.S.C. § 1271 et seq.) This Act applies to awards that may affect existing or proposed components of the National Wild and Scenic Rivers system. 13. The Fish and Wildlife Coordination Act, as amended, (16 U.S.C. § 661 et seq.) Requiring the evaluation the impacts to fish and wildlife from federally -assisted proposed water resource development projects. 14. The Endangered Species Act of 1973, as amended, (16 U.S.C. § 1531 et seq.) The Recipient must identify any impact or activities that may involve a threatened or endangered species. Federal agencies have the responsibility to ensure that federal awards do not adversely affect protected species or habitats and must conduct the required reviews under the Endangered Species Act. 15. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") (42 U.S.C. § 9601 et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9662 et seq.) These requirements address responsibilities of hazardous substance releases, threatened releases, and environmental cleanup. There is also a requirement to impose reporting and community involvement requirements to ensure disclosure of the release or disposal of regulated substances and cleanup of hazards. 16. The Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. § 6901 et seq.) This Act regulates the generation, transportation, treatment, and disposal of hazardous wastes, and also provides that Recipients of federal funds give preference in their procurement programs to the purchase of recycled products pursuant to EPA guidelines. 17. Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations" (59 Fed. Reg. 7629, February 11,1994) This Order identifies and addresses adverse human health or environmental effects of programs, policies, and activities on low-income and minority populations. 18. The Lead -Based Paint Poisoning Prevention Act, as amended, (42 U.S.C. § 4821 et seq.) Use of lead -based paint in residential structures constructed or rehabilitated by the Federal Government or with federal assistance is prohibited. 19. The Farmland Protection Policy Act, as amended, (7 U.S.C. §§ 4201— 4209) Projects are subject to review under this Act if they may irreversibly directly or indirectly convert farmland, including forest land, pastureland, cropland, or other land, to nonagricultural use. 30 20. The Noise Control Act of 1972, as amended, (42 U.S.C. § 4901 et seq.) Federally -supported facilities and activities shall comply with federal, State, interstate, and local requirements respecting control and abatement of environmental noise to the same extent that any person is subject to such requirements. 21. The Native American Graves Protection and Repatriation Act, as amended, (25 U.S.C. § 3001 et seq.) This Act provides a process for returning certain Native American cultural items to lineal descendants, culturally affiliated Indian Tribes, and Native Hawaiian organizations. O. Compliance with Environmental Requirements. The Recipient agrees to notify the Grants Officer of any environmental requirement or restriction, regulatory or otherwise, with which it must comply. Before Project Closeout and final disbursement of Award funds, the Recipient further agrees to provide evidence satisfactory to the Grants Officer that any required environmental remediation has been completed: (1) in compliance with all applicable federal, State and local regulations; and (2) as set forth in the applicable Lease, Finding of Suitability to Lease ("FOSL"), Lease in Furtherance of Conveyance, Quitclaim Deed, or other conveyance instrument and any amendments, supplements, or succeeding documents. Compliance with said laws or restrictions shall be included in any contract documents for Project construction. The Recipient must certify compliance before final disbursement of grant funds. P. Miscellaneous Requirements. 1. Criminal and Prohibited Activities. a. The Program Fraud Civil Remedies Act (31 U.S.C. §§ 3801-3812) provides for the imposition of civil penalties against persons who make false, fictitious, or fraudulent claims to the Federal Government for money (including grants, loans, or other benefits). b. The Criminal False Claims Act and the False Statements Act (18 U.S.C. §§ 287 and 1001) provide for criminal prosecution of a person who knowingly makes or presents any false, fictitious, or fraudulent statements or representations or claims against the United States. Such person shall be subject to imprisonment of not more than five years and shall be subject to a fine. c. The Civil False Claims Act (31 U.S.C. § 3729) provides that suits under this Act can be brought by the Federal Government, or a person on behalf of the Federal Government, for false claims under federal assistance programs. d. The Copeland "Anti -Kickback" Act (18 U.S.C. § 874 and 40 U.S.C. § 276c), prohibits a person or organization engaged in a federally -supported Project from enticing an employee working on the Project from giving up a part of his compensation under an employment contract. 2. Foreign Travel. a. The Recipient shall comply with the provisions of the Fly America Act (49 U.S.C. § 40118). The implementing regulations of the Fly America Act are found at 41 C.F.R. §§ 301-10.131 — 301-10.143. 31 b. The Fly America Act requires that federal travelers and others performing federal government -financed foreign air travel must use United States flag air carriers, to the extent that service by such carriers is available. Foreign air carriers may be used only in specific instances, such as when a United States flag air carrier is unavailable, or use of United States flag air carrier service will not accomplish the agency's mission. c. Use of foreign air carriers may also be used only if bilateral agreements permit such travel pursuant to 49 U.S.C. § 40118(b). The Department is not aware of any bilateral agreements that meet these requirements. Therefore, it is the responsibility of the Recipient to provide the Grants Officer with a copy of the applicable bilateral agreement if use of a foreign carrier under a bilateral agreement is anticipated. d. If a foreign air carrier is anticipated to be used, the Recipient must receive prior approval from the Grants Officer. When requesting such approval in accordance with the guidance provided by 41 C.F.R. § 301-10.142, the Recipient must provide a "certification" the Grants Officer with the following: (i) his or her name; (ii) dates of travel; (iii) the origin and destination of travel; (iv) a detailed itinerary of travel; (v) the name of the air carrier and flight number for each leg of the trip; (vi) and a statement explaining why the Recipient meets one of the exceptions to the applicable regulations. If the use of a foreign air carrier is pursuant to a bilateral agreement, the Recipient must provide the Grants Officer with a copy of the agreement. The Grants Officer shall make the final determination and notify the Recipient in writing. Failure to adhere to the provisions of the Fly America Act will result in the Recipient not being reimbursed for any transportation costs for which the Recipient improperly used a foreign air carrier. 3. American -Made Equipment and Products. Recipients are hereby notified that they are encouraged, to the greatest extent practicable, to purchase American -made equipment and products with funding provided under this Award. 4. Intellectual Property Rights. a. Inventions. The intellectual property rights to any invention made by a Recipient under a DOC Award are determined by the Bayh-Dole Act, as amended (Pub. L. No. 96-517), and codified in 35 U.S.C. § 200 et seq., except as otherwise required by law. The specific rights and responsibilities are described in more detail in 37 C.F.R. part 401, and in the particular, in the standard patent rights clause in 37 C.F.R. § 401.14, which is hereby incorporated by reference into this Award. (i) Ownership. (a) Recipient. The Recipient has the right to own any invention it makes (conceived or first reduced to practice) or that is made by its employees. The Recipient may not assign its rights to a third party without the permission of the Department unless it is to a patent management organization (i.e., a university's research foundation.) The Recipient's ownership rights are subject to the Federal Government's nonexclusive paid -up license and other rights. (b) Department. If the Recipient elects not to own or does not elect rights or file a patent application within the time limits set forth in the standard patent rights clause, the Department may request an assignment of all rights, which is 32 normally subject to a limited royalty free non-exclusive license for the Recipient. The Department owns any invention made solely by its employees, but may license the Recipient in accordance with the procedures in 37 C.F.R. part 404. (c) Inventor/Employee. If neither the Recipient nor the Department is interested in owning an invention by a Recipient employee, the Recipient, with the written concurrence of the Department's Patent Counsel, may allow the inventor/employee to own the invention subject to certain restrictions as described in 37 C.F.R. § 401.9. (d) Joint Inventions. Inventions made jointly by a Recipient and a Department employee will be owned jointly by the Recipient and DOC. However, the Department may transfer its rights to the Recipient as authorized by 35 U.S.C. § 202(e) and 37 C.F.R. § 40 1. 10 if the Recipient is willing to patent and license the invention in exchange for a share of "net" royalties based on the number of inventors (e.g., 50-50 if there is one Recipient and Department employee). The agreement will be prepared by the Department's Patent Counsel and may include other provisions, such as a royalty free license to the Federal Government and certain other entities. The Recipient also is authorized to transfer its rights to the Federal Government, which can agree to share royalties similarly as described above (35 U.S.C. § 202(e)). (ii) Responsibilities—iEdison. The Recipient has responsibilities and duties set forth in the standard patent rights clause, which are not described below. The Recipient is expected to comply with all the requirements of the standard patent rights clause and 37 C.F.R. part 401. Recipients of DOC Awards are required to submit their disclosures and elections electronically using the Interagency Edison extramural invention reporting system (iEdison) at www.iedison.gov. The Recipient may obtain a waiver of this electronic submission requirement by providing DOC compelling reasons for allowing the submission of paper copies of reports related to inventions. b. Patent Notification Procedures. Pursuant to Executive Order 12889, the Department is required to notify the owner of any valid patent covering technology whenever the Department or its Recipients, without making a patent search, knows (or has demonstrable reasonable grounds to know) that technology covered by a valid United States patent has been or will be used without a license from the owner. To ensure proper notification, if the Recipient uses or has used patented technology under this Award without a license or permission from the owner, the Recipient must notify the Grants Officer: However, this notice does not necessarily mean that the Government authorizes and consents to any copyright or patent infringement occurring under the financial assistance. c. Data, Databases, and Software. The rights to any work produced or purchased under a DOC Award are determined by 15 C.F.R. §§ 14.36 or 24.34, as applicable. Such works may include data, databases, or software. The Recipient owns any work produced or purchased under a DOC Award subject to the Department's right to obtain, reproduce, publish, or otherwise use the work or authorize others to receive, reproduce, publish, or otherwise use the data for Federal Government purposes. 33 d. Copyright. The Recipient may copyright any work produced under a DOC Award subject to the Department's royalty -free, non-exclusive, and irrevocable right to reproduce, publish or otherwise use the work or authorize others to do so for Federal Government purposes. Works jointly authored by the Department and Recipient employees may be copyrighted, but only the part authored by the Recipient is protected under 17 U.S.C. § 105, which provides that works produced by Federal Government employees are not copyrightable in the United States. If the contributions of the authors cannot be separated, the copyright status of the joint work is questionable. On occasion, the Department may ask the Recipient to transfer to the Department its copyright in a particular work when the Department is undertaking the primary dissemination of the work. Ownership of copyright by the Federal Government through assignment is permitted under 17 U.S.C. § 105. 5. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, Recipients should encourage employees and contractors to enforce on-the-job seat belt policies and programs when operating company -owned, rented, or personally -owned vehicles. 6. Research Involving Human Subjects. a. All proposed research involving human subjects must be conducted in accordance with 15 C.F.R. part 27, "Protection of Human Subjects." No research involving human subjects is permitted under this Award unless expressly authorized by special award condition or otherwise authorized in writing by the Grants Officer. b. Federal policy defines a human subject as a living individual about whom an investigator conducting research obtains (i) data through intervention or interaction with the individual, or (ii) identifiable private information. Research means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. c. The Department's regulations at 15 C.F.R. part 27 require that Recipients maintain appropriate policies and procedures for the protection of human subjects. In the event it becomes evident that human subjects may be involved in carrying out the purpose(s) of this Award, the Recipient shall submit appropriate documentation to the Project Officer for approval. This documentation may include: (i) Documentation establishing approval of the Project by an institutional review board ("IRB") approved for government -wide use under Department of Health and Human Services guidelines (see 15 C.F.R. § 27.103); (ii) Documentation to support an exemption for the Project under 15 C.F.R. § 27.101(b); (iii) Documentation to support deferral for an exemption or IRB review under 15 C.F.R. § 27.118; or (iv) Documentation of IRB approval of any modification to a prior approved protocol or to an informed consent form. d. No work involving human subjects may be undertaken, conducted, or costs incurred or charged for human subjects research until the appropriate documentation is approved in 34 writing by the Grants Officer. Notwithstanding this prohibition, work may be initiated or costs incurred or charged to the Project for protocol or instrument development related to human subjects research. 7. Federal Employee Expenses. Federal agencies are generally barred from accepting funds from a Recipient to pay transportation, travel, or other expenses for any federal employee unless specifically approved in the terms of the Award. Use of Award funds (federal or non- federal) or the Recipient's provision of in -kind goods or services for the purposes of transportation, travel, or any other expenses for any federal employee may raise appropriation augmentation issues. In addition, DOC policy prohibits the acceptance of gifts, including travel payments for federal employees, from Recipients or applicants regardless of the source. 8. Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally -Funded Construction Projects. Pursuant to Executive Order 13202, "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally - Funded Construction Projects," as amended by Executive Order 13208, unless the Project is exempted under section 5(c) of the Order, bid specifications, Project -related agreements, or other controlling documents for construction contracts awarded by Recipients or any construction manager acting on their behalf, shall not: a. Include any requirement or prohibition on bidders, offerors, contractors, or subcontractors about entering into or adhering to agreements with one or more labor organizations on the same or related construction Project(s); or b. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction Project(s). 9. Minority Serving Instiitutions ("MSIs") Initiative. Pursuant to Executive Orders 13256, "President's Board ofAdvisors on Historically Black Colleges and Universities," 13230 "President's Advisory Commission on Educational Excellence for Hispanic Americans," and 13270, "Tribal Colleges and Universities," the Department is strongly committed to broadening the participation of MSIs in its financial assistance programs. The Department's goals include achieving full participation of MSIs in order to advance the development of human potential, strengthen the nation's capacity to provide high -quality education, and increase opportunities for MSIs to participate in and benefit from federal financial assistance programs. The Department encourages all applicants and Recipients to include meaningful participation of MSIs. Institutions eligible to be considered MSIs are listed on the U.S. Department of Education's website. 10. Research Misconduct. Scientific or research misconduct refers to the fabrication, falsification or plagiarism in proposing, performing, or reviewing research, or in reporting research results. It does not include honest errors or differences of opinion. The Recipient organization has the primary responsibility to investigate allegations and provide reports to the Federal Government. Funds expended on an activity that is determined to be invalid or unreliable because of scientific misconduct may result in a disallowance of costs for which the institution may be liable for repayment to the awarding agency. The Office of Science and Technology Policy at the White House published in the Federal Register on December 6, 35 2000 a final policy that addressed research misconduct (65 Fed. Reg. 76260). The policy was developed by the National Science and Technology Council. The Department requires that any allegation be submitted to the Grants Officer, who also will notify the OIG of such allegation. Generally, the Recipient organization shall investigate the allegation and submit its findings to the Grants Officer. The Department may accept the Recipient's findings or proceed with its own investigation. The Grants Officer shall inform the Recipient of the Department's final determination. I t . Publications, Videos, and Acknowledgment of Sponsorship. Publication of the results or findings of a research Project in appropriate professional journals and production of video or other media is encouraged as an important method of recording and reporting scientific information. It is also a constructive means to expand access to federally -funded research. The Recipient is required to submit a copy to the funding agency and when releasing information related to a funded Project include a statement that the Project or effort undertaken was or is sponsored by DOC. The Recipient also is responsible for ensuring that every publication of material (including Internet sites and videos) based on or developed under an Award, except scientific articles or papers appearing in scientific, technical or professional journals, contains the following disclaimer: "This [report/video] was prepared by [Recipient name] under [Award number] from [name of operating unit], U.S. Department of Commerce. The statements, findings, conclusions and recommendations are those of the author(s) and do not necessarily reflect the views of the [name of operating unit] or the U.S. Department of Commerce." This disclaimer also applies to videos produced under DOC Awards. 12. Care and Use of Live Vertebrate Animals. Recipients must comply with the Laboratory Animal Welfare Act of 1966 (Pub. L. No. 89-544), as amended (7 U.S.C. § 2131 et seq.) (animal acquisition, transport, care, handling, and use in projects), and the implementing regulations at 9 C.F.R. parts 1, 2, and 3; the Endangered Species Act (16 U.S.C. § 1531 et seq.); the Marine Mammal Protection Act (16 U.S.C. § 1361 et seq.) (taking possession, transport, purchase, sale, export or import of wildlife and plants); the Non -indigenous Aquatic Nuisance Prevention and Control Act (16 U.S.C. § 4701 et seq.) (ensure preventive measures are taken or that probable harm of using species is minimal if there is an escape or release); and all other applicable statutes pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by federal financial assistance. No research involving vertebrate animals is permitted under any DOC Award unless authorized by the Grants Officer. 13. Homeland Security Directive. If the performance of this Award requires the Recipient to have physical access to federal premises for more than 180 days or access to a federal information system, personal identity verification procedures must be implemented. Any items or services delivered under this Award shall comply with the Department's personal identity verification procedures that implement Homeland Security Presidential Directive — 12, FIPS PUB 201, and OMB Memorandum M-05-24. The Recipient shall insert this clause in all subawards or contracts when the subaward recipient or contractor is required to have physical access to a federally -controlled facility or access to a federal information system. 36 14, Compliance with Department of Commerce Bureau of Industry and Security Export Administration Regulations. a. This clause applies to the extent that this Award involves access to export -controlled information or technology. b. In performing this Award, the Recipient may gain access to export -controlled information or technology. The Recipient is responsible for compliance with all applicable laws and regulations regarding export -controlled information and technology, including deemed exports. The Recipient shall establish and maintain throughout performance of this Award effective export compliance procedures at non-DOC facilities. At a minimum, these export compliance procedures must include adequate controls of physical, verbal, visual, and electronic access to export -controlled information and technology. c. Definitions. (i) Deemed Export. The Export Administration Regulations ("EAR") define a deemed export as any release of technology or source code subject to the EAR to a foreign national, both in the United States and abroad. Such release is "deemed" to be an export to the home country of the foreign national. See 15 C.F.R. § 734.2(b)(2)(ii). (ii) Export -controlled information and technology. Export -controlled information and technology subject to the EAR (15 C.F.R. §§ 730-774), implemented by the Department's Bureau of Industry and Security, or the "International Traffic In Arms Regulations" ("ITAR') (22 C.F.R. §§ 120-130), implemented by the Department of State, respectively. This includes but is not limited to dual -use items, defense articles and any related assistance, services, software, or technical data as defined in the EAR and ITAR. d. The Recipient shall control access to all export -controlled information and technology that it possesses or that comes into its possession in performance of this Award, to ensure that access is restricted, or licensed, as required by applicable federal laws, Executive Orders, or regulations. e. Nothing in the Terms and Conditions of this Award is intended to change, supersede or waive the requirements of applicable federal laws, Executive Orders, or regulations. f. The Recipient shall include this subsection entitled "Compliance with Department of Commerce Bureau of Industry and Security Export Administration Regulations," including this subparagraph (f), in all lower -tier transactions (sub -awards, contracts, and subcontracts) under this Award that may involve access to export -controlled information technology. 37 APPENDIX THE FOLLOWING REFERENCE MATERMLSAND FORMSAREAVAILABLE ONLINE: 1. 2 C.F.R. part 220 (codifying OMB Circular A-21, "Cost Principles for Educational Institutions") 2. 2 C.F.R. part 225 (codifying OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments") 3. 2 C.F.R. part 230 (codifying OMB Circular A-122, "Cost Principles for Nonprofit Organizations") 4. 2 C.F.R. part 1326, "Non -Procurement Debarment and Suspension" 5. 13 C.F.R. chapter III (EDA's regulations) 6. 15 C.F.R. part 14, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non -Profit and Commercial Organizations" (codifying OMB Circular A-110) 7. 15 C.F.R. part 24, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" 8. 15 C.F.R. part 4, "Disclosure of Government Information" 9. 15 C.F.R. part 27, "Protection of Human Subjects" 10. 15 C.F.R. part 28, "New Restrictions on Lobbying" 11. 15 C.F.R. part 29, "Government -wide Requirements for Drug -Free Workplace (Financial Assistance)" 12. 48 C.F.R. part 31, "Contract Cost Principles and Procedures" 13. OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" 14. OMB Circular A-133, "Audits of States, Local Governments and Nonprofit Organizations," and the related Compliance Supplement To access EDA's regulations, visit EDA's Internet website at www. eda.gov/InvestmentsGrants/Lawsreg.xml. To access the Code of Federal Regulations (C.F.R.), visit the Government Printing Office's Internet website at http://ec�r gpoaccess.gov/cgi/t/text/text-idx?c=ec r&tpl=%2Findex.tpl. To access the OMB Circulars, visit OMB's Internet website at www. whitehouse.-oov/omb/circulars/index.html. To access the Davis Bacon wage rate determinations, visit the Department of Labor's Internet website at www. wdol.gov/. 38 EDA FORMS: 1. Form CD-281, "Report of Government Property in Possession of Contractor" 2. Form CD-451, "Amendment to Financial Assistance Award' 3. Form CD-346, "Identification - Applicant for Funding Assistance" 4. Form SF-269, "Financial Status Report" 5. Form SF-274, "Request for Advance or Reimbursement" (with Instructions) 6. Form SF-271, "Outlay Report and Request for Reimbursement for Construction Programs" 7. Form SF-272, "Federal Cash Transaction Report" 8. Form SF-LLL, "Disclosure of Lobbying Activities" To access Department of Commerce forms ("CD'), visit the Department's Internet website at http://ocio.os.doc.gov/ITPollcvandPrograms/Electronic Forms/index.htm. To access the Standard Forms ("SF'), visit the General Services Administration's Internet website at www.gsa.gov/Portal/ sa/ep/formslibrary d0formType=SF. 39 I PAGE INTENTIONALLY LEFT BLANK I 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 copy of every item listed. 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. Enter unit price, and extended cost in the columns provided. In the event of discrepancies in extension, the unit price shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. 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. (NOTE: Surety companies must be listed on circular 570) http://►vww.fms.treas.gov/c570%570g7!&html 3. 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. _� Clearly mark the bid number, title, due date and time and your company name and address on the - outside of the envelope or container. f 5. f Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management l Office prior to the deadline. Late bids will not be accepted. 6. Complete and submit the CONTRACTORS STATEMENT OF QUALIFICATIONS. / 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 8. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAXID number or Owner's SOCIAL SECURITYnumber. 9. Complete and sign the CERTIFICATION REGARDNG LOBBYING. 10. Complete and submit the NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION 11. /` Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 12. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. - (Type or Print Company Name) 3 PAGE INTENTIONALLY LEFT BLANK 4 INFORMATION FOR BIDDERS BIDS will be received by: City of Lubbock (herein called the "OWNER"), at Ci1y Hall Purchasing & Contract Management Office, Room 204 1625 13 hStreet, Lubbock, TX 79401. until, 2:00 PM on, October 31, 20111 and then at said office publicly opened and read aloud. Each BID must be submitted in a sealed envelope, addressed to: Marta Alvarez, Director of Purchasing & Contract Management at, City of Lubbock, 1625 13'h Street, Lubbock, Texas. Each sealed envelope containing a BID must be plainly marked on the outside as BID for ITB 12-10208-MA — Lubbock Downtown Redevelopment, and the envelope should bear on the outside the name of the BIDDER, his address, his license number if applicable and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at City of Lubbock. All BIDS must be made on the required BID form. All blank spaces for BID prices must by filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended my mutual agreement between the OWNER and the BIDDER. BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID Schedule by examination of the site and a review of the drawings and, specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert i that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done. The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights -of --way acquired or to be acquired. J The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person J shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract. Each BID must be accompanied by a BID bond payable to the OWNER for five percent of the total amount of the BID. As i soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been executed and k J approved, after which it will be returned. A certified check maybe used in lieu of a BID BOND. A performance BOND and a payment BOND, each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract. Attorneys -in -fact who sign BID BONDS or payment BONDS and performance BONDS must file with each BOND a certified and effective dated copy of their power of attorney. `J The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance BOND and .1J payment BOND within ten (10) calendar days from the date when the NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDER to i execute the Agreement, the OWNER may at his option consider the BIDDER in default, in which case the BID BOND accompanying !e the proposal shall become the property of the OWNER. The OWNER within ten (10) days of receipt of acceptable performance BOND, payment BOND, and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. �a e. The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should- there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual Y' j agreement between the OWNER and the CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein. A conditional or qualified BID will not be accepted. Award will be made to the lowest responsible BIDDER. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID. Further, the BIDDER agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the SUPPLEMENTAL GENERAL CONDITIONS. The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER. 8 I I NOTICE TO BIDDERS 10 �". 4 NOTICE TO BIDDERS f ITB 12-10280-MA Sealed bids addressed to Marta Alvarez, Director of Purchasing & Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, 2:00 P.M. on October 31, 2011, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "LUBBOCK DOWNTOWN REDEVELOPMENT" After the expiration of the time and date above first written, said sealed bids will be opened in the City Council Chambers 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 2:00 P.M. on October 31, 2011 and the City of Lubbock City Council will consider the bids on November 16, 2011 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 IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. (NOTE: Surety companies must be listed on circular 570) http://lv►vw.fnn.treas.,aovlc570lc570 a-z html Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on October 19, 2011 at 10:00 A.M. at City Hall Council Chambers,162513th 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.there�roductioncorn com. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. [_a Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if i, a documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. I 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 ALVAREZ DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT OFFICE GENERAL INSTRUCTIONS TO BIDDERS 13 .... __._.� ... ._�..._r, �.� t �._..�..._... - �-� �..._.r.., �-_..._.� .�.a� _. , GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish "LUBBOCK DOWNTOWN REDEVELOPMENT" per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m., on October 31, 2011, 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 12-10280-MA, LUBBOCK DOWNTOWN REDEVELOPMENT" 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: 1.2 Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 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. 1.2 Bids will be accepted in person, b United States Mail, b United Parcel Service, or private courier P P � Y Y Y service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. ro- 1.3 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 .d as needed for the clarification of the Invitation to Bid (ITB) documents, a non-mandata re -bid meetin fi will be held at on October 19, 2011 at 10:00 A.M. at City Hall Council Chambers, 1625 13t 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 E _ 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsvnc.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. l..r 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 I 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. 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. 14 C i qr i 4 6 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 i_< 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 1 should be disregarded in preparing responses. t' i 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.(-_ 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 A 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. 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. t1i 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or I equipment. t 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. i �- 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 A 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 i 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.a 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. I't_J 15 I 1 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. l 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 J 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 r 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. ,t 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, .,.j requirements, etc., or any 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. Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock Purchasing and Contract Management Office 3� 1625 1 P Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: malvarez@mylubbock.us Bidsync: www.bidsync.com 16 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 300 (THREE HUNDRED) CALENAR 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 to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17 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 E 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: t. . (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 P Y materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and l shall take such other precautionary measures for the protection of persons, property and the work as may be t " necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, j„ 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 P h' g � Y is 18 t. _ 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 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 PA.R.TICULAR 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. 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 19 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 engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per, diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES ` Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price ' written in figures, the price written in words shall govern. �. 20 1. z 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: Utility Contractors of American 29.3.2 Bid for: 12-10280-MA LUBBOCK DOWNTOWN REDEVELOPMENT 29.4 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. 30 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. fA (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF BIDDERS= The bidder may be required before the award of any contract to show to the complete satisfaction of the City of w1 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. i (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, 3 without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 21 f 32 (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. BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 26 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, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 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 _s 22 4 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 p 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 j and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the 1 U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: t http://www.gpo.gov/davisbacon/allstates.html 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 $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. 23 l_ BID SUBMITTAL FORMS PAGE INTENTIONALLY LEFT BLANK 3 BID Proposal of ;Tit &A(-CIUOfS dAnoeLMC, Tg,oereinaftercalled "BIDDER"), organized and existing under the laws of the State of 7p_- yO S doing business as -�t; l;t-`l t�ant�c�.�'tt�l-s �� .dw,p�-► e� Tothe �;.1t� O-1 1-lAbAZ,0e (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of 12-10280-IVIA — Lubbock Downtown Redevelopment - in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 300 (Three Hundred) consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $1040 (One Thousand Forty dollars) for each consecutive calendar day thereafter as provided in BID SUMITAL FORIv1. *Insert "a corporation", "a partnership", or "an individual' as applicable. 0 Item No. 11 BID SUBMITTAL FORM UNIT PRICE BID CONTRACT 2ND REVISED Name of Pay Item with Unit Price in Words Est. Unit Unit Bid Price Quantity in Concrete Backfill, complete in place, for the sum of i u n r G Dollars and 4,200 CY /u t--) Cents per unit $ I V'11 D _ WAM !1" Caliper Trees,Chinese Pistache or Ceder E m, com!let`(* place, for the sum or ni I(- uYiret^� f" is -4 21 EA Dollars and Cents per unit Ewn w 4" Thick Concrete Sidewalk, complete in place, for rum f 3,967 SY ' 0 'e— Dollars and Cents per unit man w 6" Thick Concrete Driveways, Alleys, complete in place, the sum of 1,445 SY l ► %`i V �. Dollars and Cents per unit IMMON w Asphalt Pavement, complete in place, for the sum of 1,127 SY �.. Dollars and Cents per unit w,"Brick Pave t, compl to in place,for the of IT, nr{�r 1rI F;A"TeeY-\ 09 00 500 I2-10280-MA Lubbock Downtown Redevelopment Amount Bid L-1l91/. DDD0 O NSC�coo OCR 9 3t405 400 IDA 10Dq v Dollars and 78 SY D p � / �i Cents per unit $ Q(' $ r 24 x 36 x 36 handhole, Purchasing Item, for the sum of 79 EA ` D O � 400 Ul—) Dollars and Cents per unit $ ! I �/ $ ! t Ri 24 36 x 48 handhole Purchasing Item, for the s of 6 2 EA $ 't I �/� _- $ Dollars and A ) f l Cents Der unit Atmos Equipment, Install 4' to 2" Tap, complete in place the sum of Dollars and 19 f �O /1)q A-)D Cents per unit 1 EA $ i t $ e(Jt hl- Bidders Initinals 'Note: Contractor shall bid Unit Cost of Bid Items with zero estimated quanity for possible future appli ion. �_. BID SUBMITTAL FORM UNIT PRICE BID CONTRACT 2ND REVISED J Item Name of Pay Item with Unit Price in Words Est. Unit Unit Bid Price 140. Quanti �dCSWIN, on in Atmos Equipment, Install 2" Valves, complete in place, for the sum of i t1 H-e Dollars and 40 EA Cents per unit is Atmos Equipment, Install 4" Valves, complete in plac , fort sum of 4"/ h QAVi 4 EA A 2 Dollars and Cents per unit $ Trench Profile # 1, 16 x 4" and 2 x 6" Conduits and 4" Atmos inLine, comple place, for the sum of On -p tAn!C) C-b _k BCD Dollars and 2,290 LF 1 Cents per unit $ W5 1 Trench Profile #2, 5 x 4" and 4 x 2" Conduits and 2" Atmos CI Line, complete in place, fort the sum of �+ Y %y Qr T Dollars and l40 LF J Cents per unit $ L Trench Profile #3, 8 x 4" and 4 x 2" Conduits and 2" Atmos Line complete in place forte sum of M Dd v9 Dollars and 615 LF _ AJ Cents per unit $ ��� Trench Profile #4, 8 x 4" Conduits, complete in place, for the sum of rtl -Q- Dollars and Cents 140 LF C`C� 10 1 per unit $ Y Trench Profile #5, 2 x 4" Conduits, complete in lace for the sum of P p ,r- ► V e. 10 LF 00 �� ��{ I' Dollars and "75 Cents per unit $ Trench Profile #6, 2 x 4" and 4 x 2" Conduits and 2" Atmos Line, complete in place, for the sum of ID 10 LF � r'tl 1^•P[�n`�� Y i tJ Q�ollars and J Cents per unit $ C$ Trench Profile #6a, 2 x 4" and 4 x 2" Con nits and 2" Atmos Line, complete in place, for the sum of lei 10 LF Huy-,&Q &iPPDollars and a© V-) Cents per unit $ 04S _ .` � _ . �.eURM i Trench Profile #7, 15 x 4" Conduits, complete in place, for he sum of Dollars and 490 LF Cents per unit I$ 12-10280-MA Lubbock Downtown Redevelopment Amount Bid dders Initinals 1 *Note: Contractor shall bid Unit Cost of Bid Items with zero estimated quanity for possible future application. Item No. s BID SUBMITTAL FORM UNIT PRICE BID CONTRACT 2ND REVISED tch Profile # 11, 9 x 4" Conduits, and 2" Atmos 1, complete in place, for the ss of /" t 11-� Dollars and A ) f l Cents per unit tch Profile #12, 11 x 4" Conduits, and 2" Atmos complete in place, for the sum of Dollars and f (� Cents per unit tch Profile #13, 5 x 4" and 3 x 2" Co duits, and 2" Atmos complete in place, fo the sum ofe— .av, Ar" A It'�-N &J e Dollars and Aj (n Cents per unit tell Profile #14, 2 x 6" and 14 x 4" Conduits, and 4" Atmos f comp) to in place, forth sum of t-A 11 t Cie ti Dollars and ;;U ci Cents per unit tch Profile # 15, 2 x 6" and 12 x 4" Conduits, and 4" Atmos complete in place, foCr the sum of LrY \�Tti S Dollars and —' A) n Cents per unit ^ Est.._ I Unit 62 1 LF Unit Bid Price BE 100 I LF ($ 200 I LF I Q d� 500 ( LF I 225 I LF I �� 0 0� 50 I LF I 5,2_�,o 350 I LF IO I LF I$ �-750� 55 I LF ' 300 I LF IS � 00 L 12-10280-MA Lubbock Downtown Redevelopment Amount Bid S9 / /i G/000� d! 5v M Pv 69 J $ b---Bidders Initinals 'Note: Contractor shall bid Unit Cost of Bid Items with zero estimated quanity for possible future application. BID SUBMITTAL FORM 12-10280-MA UNIT PRICE BID CONTRACT Lubbock Downtown Redevelopment / G Q TOTAL AMOUNT BID - BASE BID —FL �� i (� 1 U ri S,e rJ�t�T Fc�u f' ou SQ►'l C'� (Taal Amount Bid, Numerical Value) �r 1 V i✓ H u n ci C-a— p e � 'f�(�%— Dollars (Total Amount Bid in Words) License Number (If appllcable) t (SEAL -- IF BID IS A CORPORATION) Attest: l .J l L. l_ Bidders Initinals *Note: Contractor shall bid Unit Cost of Bid Items with zero estimated quanity for possible future applica on. 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 300 (Three Hundred) 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 $1040 (ONE THOUSAND FORTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SIXTY (60) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City .of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bid er's nitials ,.T.._�_,a.� .. ......w,. .,rv.....,.,,..�,..,,y p ..� --y .. � ....,,,� �-��.,.� �. .:.»�...:,r„ w�.r � p � ..w � �,......� »,.��y e...«—.tea Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of TO 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: s r _/ . i!Secretary M/WBE Firm: 7 Date:, /0 /-j/ / / 1-0,n -P— or Typed Name) L7;is Connaeors aA,meriw Company 997 i�iay lob Address City, County TK , 79310 State Zip Code Telephone: Sf1i(c, - 'j6lv10-Q3W Fax: -)(o --,67n10 - 953c-) FEDERAL TAX ID or SOCIAL SECURITY 75- 1411513 EMAIL: gjC4�r' TS U r , Q , e-orn G. 'c. PAGE INTENTIONALLY LEFT BLANK 9 t 0 LibertX �mutuAl- Bid Bond Document A310TM - 2010 Conforms with The American Institute of Architects AIA Document 310 w CONTRACTOR: (Name, legal status and address) UTILITY CONTRACTORS OF AMERICA, INC. 927 HWY 62/82 l_ WOLFFORTH, TEXAS 79382-9778 OWNER: (Name, legal status and address) CITY OF LUBBOCK 1625 13th STREET, ROOM 204 LUBBOCK, TEXAS 79401 SURETY: (Name, legal status and principal place of business) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Mailing Address for Notices Liberty Mutual Insurance Company Attention: Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. BOND AMOUNT: $ FIVE PERCENT OF THE GREATEST AMOUNT BID ---------------------------- PROJECT: (Name, location or address, and Project number, if any) LUBBOCK DOWNTOWN REDEVELOPMENT 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 terns 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'Contmct 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 Bond, 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 specified 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 furnished 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 so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. ( Signed and sealed this 31 st day of OCTOBER 2011 (Witnes MARLA HILL " S-0054/AS 8/10 [- 2755587 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS ORINTEDbN RED BACKGROUND. This Power .of Attomey llmlts the acts- of those.named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS r POWER OF ATTORNEY I KNOW ALL PERSONS BY THESE. PRESENTS: That Liberty Mutual. Insurance Company (the 'Company), a Massachusetts stock insurance company, pursuantto, and by authority of. the Bylaw and Authorization hereinafter set forth, does hereby name, constitute and appoint HOWARD COWAN, MARLA HILL, ALL; 0� THE CI , - * _- UBBOCI�; STATE Ot T fAS.:................................. ....... .... ............ . .......... r... • • • r4 • ........... rH• •...:X:..•... . •.M"} t.b•••••..•o•.u•u.•••••••.••.••...•..• .......... ..........•.....................•.....•it.�=iil•..••...•...iit.•....•••t.i�.Jii.............iii:iili....u.•iri.,life.:•...•J.�i.i.•.•.•.••....ii4i1�•iif•. • ..................... each Individually If there be mores than oneil�ined, its tit o� $hd lawful attorneX-lndact %.mbke, e4eciite, seal, aclitiowl dge and deliver, for and on its behalf as sure and as its act and deed an r d all urid46kings, bonds, re"6_61zances:;and other ety obit a0 hir.(Ptthe penal sum not exceeding t��*.,Ir►.. sou g ++�. •.: ONE HUNDRED MILLION: AND- 00/{Q0 . ,: DOLE�9A$ ($ 100 000.000 00 , . r 1 each, and the execution of: such undertakings, tiS?ndsr r$Ciignilarrces altd:-:other surety obtJ�ations, :ln:pursuance of these presents; -.shall be as. binding upon the Company as if they had been duly signed-f�y':y' a president:ap —gttested by th :secretary i�f tfi�s Cortjpi�ny.in their own�.proper persons. That this power Is made and execute "jiursUant to and by dUft ity of thefojioiroing By -leas trld AuthotTzatloR=: ARTICLE XIII - Execution of. Contracts: Section 6. Surety Bonus and undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as #is chairman. or the president may prescribe; shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, .acknowl$dge and deliver as surety any, and all undertakings, bonds, recognizances and other surety obligations.. Such L attomeys in -fact, subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their ( signature and execution:of any such Instruments and to attach thereto the seal of the Company. _When sa executed such instruments shall be - CL m as binding as if signed by the president and attested by the secretary. Ad By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-In-fact: 1.0 Pursuant to Article XIII, Section.5 of the By -Laws; Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby C.Lr authorized to appoint such attorneys -In -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and r deliver as surety any and allundertakings, bonds, recognizances and other surety obligations. Iw That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect IN WITNESS WHEREOF, this Power of Attorney has been subscribed by on authorized officer or official, of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 1st day of February , 2010 COMMONWEALTH OF.PENNSYLVANIA ss COUNTY OF MONTGOMERY LIBEERRTTY� MUTUAL INSURANCE COMPANY �r Garnet W. Elliott, Assistant Secretary On this 1 st day of February 2010 , before me, a Notary Public, personally came Garnet W. Elliott. to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seat. of said corpoiFation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation, IN TESTIMONY WH �" P ,tl unto.subSedbed my narne',gnd affixed my notariall seal at Plymouth, Meeting, Pennsylvanla, on the day and year first above written. oNfN tV� p!� �C : cCnenoN enlist or FUN sri nlu ►+'sw ,Q enco i Wearwgi2e,zo�a Ter eIla, Notary tic• p ,u CERTIFICATE,Qw I, the underslgrled, Asslstan reta%y cf:l ltieriy Mutual Iristi'r' nce Comp a," P. areluycertlfy thaC.i�iebrlginal.pow8r.of attorney of which the foregoing Is a full, true and correct copy, Is in fuq fijroe and effect on 6i-da*,of;tttis uertifcate, and1:.do furti%er certlty (tratthe officer or official who executed the said power of attorney Is an Assistant* $, &etary specialty authoti iv.' echainnan or`#ie presided " Apppigt-piiomeys-In-fact_as provided in Article XIII, Section 5 of the By-laws of Liberty, Mutual Insurance Company. This certificate- and the above power•of attorney maybe signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on. the 12th day of March, 1880. VOTED that the facsimile or mechanically reproduced, signature of any assistant secretary. of: the company, wherever appearing upon a certified copy of any power of attorney Issued by the company In connection with. surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed.: IN TESTIMONY WHEREOF, I hale hereunto subscribed my name and affixed the corporate seal of.the sald_company, this 31 ST day of OCTOBER 201 David M. Carey, Ass.LWR Secretary PAGE INTENTIONALLY LEFT BLANK II r. PAGE INTENTIONALLY LEFT BLANK 11 I BID BOND PAGE INTENTIONALLY LEFT BLANK 11 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Did ®r 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent(Broker. If I am awarded this contract by I the City of Lubbock, I will be able to, within ten (I0) 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 t s bid. L an e Con act riginal Signature) Contractor (Print) �I ` ; o �ec. (( CON CTOR S FIRM NAME: L�i'j'� ,� 7-�.(,. �vi"t' �,��•_, �R L-a (Print or Type) IN CONTRACTOWS FIRM ADDRESS Owl, 1-009� Name of Agent/Broker: , Agent / Broker (Signature) Address ofAgent/Broker: a S 5 'i *---s -?�' City/State/Zip: 4-C)(- -&A r J Q 1 YJ Agent/Broker Telephone Number: (21- Date: / 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 r requirements, please contact the Purchasing and Contract Management Office for the City o? Lubbock at 806) 775-2572. L_ BID # 12-10280-MA — LUBBOCK DOWNTOWN REDEVELOPMENT 12 No Text SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding 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: v 14 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_, 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 QUESTION 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 ✓ 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. 15_ ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. 16 1 1L1G PAGE INTENTIONALLY LEFT BLANK 17 CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. OUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the fum's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: __ 18 :tea,. wn_ ......� prro, »:,.,.., .TMy,. � .,.. ...y ..-.,..,, :.. r..V. .:,m..n, r,...n, n�.-.«„ m+�:...w.K:tt� .«.„",„,„.q -� w.. — a,�..�:, G —,...: � n - .t t �r.....ee......! ....� jj Contractor's General Information l Organization Doing Business As Utility Contractors of America, Inc. Business Address of Principle Office 927 Hwy 62 Wolfforth, Texas 79382 Telephone Numbers Main Number 806-866-9380 Fax Number 806-866-9530 Web Site Address www.ucatexas.com Form of Business (Check One) If a Corporation Date of Incorporation X A Corporation I JA Partnership An Individual November 1987 State of Incorporation Texas Chief Executive Officer's Name Britt Lane President's Name Ty Lane Vice President's Name(s) Chris Balios Troy Lane Secretary's Name Wanda Garrett Treasurer's Name If a Partnership Date of Organization Marty Hamm State Whether partnership is general or limited If an Individual Name Business Address Identify all individuals not previously named which exert a significant amount of business control over the organization Indicatiors of Organization Average Number of Current Full 30 Average Estimate of Revenue for the Time Employees current Year Contractor's Organizational Experience Organization Doing Business As Utility Contractors of America, Inc. Business Address of regional Office 927 Hwy 62 Wolfforth, Tx 79382 Name of Regional Office Manager Ty Lane Telephone Numbers Main Number 806-866-9380 Fax Number 806-866-9530 Web Site Address www.ucatexas.com Organization List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies doing business: Names of Organization From Date To Date List of companies, firms or organizations that own any part of the organization. Name of Companies, firms or organization Percent Ownership Construction Experience Years experience in projects similar to the proposed project: As a General Contractor 1 24 JAs a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bed or proposal in the past ten years? No if yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agencey within the last five years? No If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No if yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? No If yes provide full details in a separate attachment. See attachment No. �.-...r 1.�..s i...�' w�,w+` ems. ate,; Ir.,. w.®.,�+� �----"-'� `'w--J '",gym—.� Contractor's Proposed Key Personnel Organization Doing Business As Utility Contractors of America, Inc. ;Proposed Project Organization Provide a brief description of the managerial structure of the organization and illustrate with an organizational chart. Include the title and names of key personnel. Include this chart as an attachment to this description. See Attachment No. 1 Ty Lane is the acting President/ Lead Project Manager on major projects. Marty Hamm, Troy Lane and Chris Balios are Vice Presidents and at times act as Project Managers as well as Superintendents. Superintendents are Leo Garcia, Lorenzo Vasquez and Gilbert Prieto and they answer ultimately to Ty Lane and then to the Vice Presidents. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational chart. Include the title and names of key personnel. Include this chart as an attachment to this description. Ty Lane is to be the acting Project Manager. Chris Balios is to be the Project Superintendent, Safety Officer, and Quality Control Manager. ExperiencePersonnel Provide information on the Key Personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these Key Personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Project Manager Ty Lane Project Superintendent Chris Balios Project Safety Officer Chris Balios Quality Control Manager Chris Balios If Key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how much time it to be divided between this project and their other assignments. r l Proposed Project Manager Organization Doing Business As Primary Candidate Name of Individual Utility Contractors of America, Inc. Ty Lane Years of Experience as Project Manager 23 Years of Experience with this Organization 23 Number of similar projects as Project Manager 10 Number of similar projects in other positions 5 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information Name (listing names indicates approval to contacting Marsha Reed Name the names individuals as a Mike Keenum Title/Position Sr. Civil Engineer Title/Position Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2335 Telephone 806-775-2393 E-mail mreed@mail.ci.lubbock.tx.us E-mail mkeenum@mail.ci.lubbock.tx.us Project South Lubbock Drainage Project South Lubbock Drainage Candidate role on Project Project Manager Alternate Candidate Name of Individual Candidate role on Project Project Manager Years of Experience as Project Manager Years of Experience with this Organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Estimated Project Project Completion Date Reference Contact Information Name (listing names indicates approval to contacting the names individuals as a Name Title/Position Title/Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Proposed Project Superintendent Organization Doing Business As Primary Candidate Name of Individual Utility Contrators of America, Inc. Chris Balios Years of Experience as Superintendent Years of Experience with this Organization 23 Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information Name (listing names indicates Marsha Reed approval to contacting Name the names individuals as a Wood Franklin Title/Position Sr. Civil Engineer Title/Position Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2335 Telephone 806-775-2343 E-mail mreed@mail.ci.Iubbock.tx.us E-mail wfranklin@mylubbock.us Project South Lubbock Drainage Project Marsha sharp Freeway Candidate role on Project Supervisor Alternate• • . Name of Individual Candidate role on Project Supervisor Troy Lane Years of Experience as Superintendent Years of Experience with this Organization 20 Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Estimated Project Project Completion Date Reference Contact Information Name (listing names indicates approval to contacting Name the names individuals as a Title/Position Title/Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project ,o... �. _—., �" .....,�. � ,,..,,.� p�.-a. _,� j�'""�"",�„ �_„,,� �.,,.,..��,,,„� �„,...�.�.,:�„ ,..,,,gym 8 "'�" . „�,.�<,� � ^^ ,..: �.u.,m �^.---.,.... � Y....w. Proposed Project Safety Officer Organization Doing Business As Primary Candidate Name of Individual Utility Contrators of America, Inc. Chris Balios Years of Experience as Safety Officer Years of Experience with this Organization 23 Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information Name (listing names indicates Marsha Reed approval to contacting Name the names individuals as a Wood Franklin Title/Position Sr. Civil Engineer Title/Position Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2335 Telephone 806-775-2343 E-mail mreed@mail.ci.lubbock.tx.us E-mail wfranklin@mylubbock.us Project South Lubbock Drainage Project Marsha sharp Freeway Candidate role on Project Supervisor CandidateAlternate Name of Individual Candidate role on Project Supervisor Marty Hamm Years of Experience as Safety Officer Years of Experience with this Organization 23 Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information Name (listing names indicates approval to contacting the names individuals as a Name Title/Position Title/Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project .W% Proposed Project Quality Control Manager Organization Doing Business As Primary Candidate Name of Individual Utility Contrators of America, Inc. Chris Balios Years of Experience as Quality Control Manager 10 Years of Experience with this Organization 23 Number of similar projects as Quality Manager 7 Number of similar projects in other positions 2 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date 34th Street Waterline Replacement 40% 1/29/2009 Reference Contact Information Name (listing names indicates approval to contacting Marsha Reed Name the names individuals as a Wood Franklin Title/Position Engineer Title/Position Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2335 Telephone 806-775-2343 E-mail mreed@mail.ci.lubbock.tx.us E-mail wfranklin@mvlubbock.us Project South Lubbock Drainage Project 34th Street Waterline Candidate role on Project Superintendent Alternate Candidate Name of Individual Candidate role on Project Quality Control Manager Years of Experience as Quality Control Manager Years of Experience with this Organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information Name (listing names indicates approval to contacting Name the names individuals as a Title/Position Title/Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Contractors Project Experience and Resources Organization Doing Business As Utility Contractors of America, Inc. Projects Provide a list of Major Projects that are currently Underway, or have been completed within the last five years. See Attachement Provide a completed project information form for projects that have been completed in the last five years w is specificly illustrate the organizations capability to provide best value to the Owner for this project. See Attachment Include a completed project information form for projects which illistrate the experience of the propesed key personnel. See Attachment Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meeting HUB / MWBE Participation Goal Equipment Provide a list of major equipment proposed on this project. Attach additional information if necessary Equipment Item Primary Use on Project Own Will Buy Lease 375 Backhoe Trench Exvacation x 345 Backhoe (2) Trench Excavation/Compaction x 330 Backhoe (2) Clearing/Grubbing x 966G Loader (2) Embedment x 95OG Loader (2) Embedment x 420 Rubber tire backhoe (2) Pipe Installation x 14G Maintainer Site Maintinance x RT30 Crane x Division of • between Organization and Subcontractor What work will the organization complete using its own resources? Demo, Installation, Pipe, Manhole, Line Testing, Backfill What work does the organization propose to subcontract on this project? Tunnel, Concrete Structure, Bypass Pumping Contractor's Subcontractors and Vendors Organization Doing Business As Utility Contractors of America, Inc. Project• Provide a list of subcontractors that will provide more than 10 percent of the work (based on contract amounts) Name Work to be Provided Est. Percent of Contract HUB/MWBE firm AR Daniels Bore EE Construction Concrete Structure Red River Pump Bypass Pumping Provide information on the proposed key personnel, project experience and description of past relationship and work experience for each subcontractor listed above using the Project information Forms Equipment Vendors Provide a list of major equipment proposed for use on this project. Attach additional information if necessary Vendor Name Equipment/ Material Provided Furnish only Furnish and install HUB / MWBE Firm Pipe Concrete Pipe x RE Janes Gravel Embedment x Current Projects Project Owner I City of Plainview, Texas Project Name Plainview Water Reconstruction General Description of Project: Installation of 12", 1011, 811, 6", 4" water lines Project Cost $1,518,339.00 Estimated Completion Date November 2011 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Gilliland Engineer (806) 296-1150 meilliland@ci.plainview.tx.us Designer Construction Manager Brandon Autry Engineer (806) 771-5976 bautry@amdeng.com Project Owner I City of Levelland Project Name I Lee St. Water System Improvements General Description of Project: Installation of 14" water line Project Cost $777,548.95 Estimated Completion Date January 2012 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Leonard Nail Engineer (806) 473-2200 (nail@team-psc.com ��•,--•.,,,,.,.��.y ..ems "--^"""'.. i '.. Projects completed within the last 10 Years Project Owner City of Amarillo, Texas Project Name Fleming Street Storm Sewer General Description of Project: Project Cost $1,454,883.00 Date Project Completed 5/16/2003 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Cody Hamm Cody Hamm Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Martin Rodin Engineer Designer Construction Manager Project Owner City of Lubbock, Texas Project Name I Annexation Sanitary Sewer Improvements General Description of Project: 29,978 Lf of 36" and 48" Sewerline Project Cost $4,717,409.00 Date Project Completed 4/1/2004 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Leo Garcia Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum Engineer (806) 775-2393 mkeenum@mvlubbock.us Designer Construction Manager David Ockerman Inspector (806) 548-4152 Project Owner I City of Lubbock, Texas I Project Name I Marsha Sharp Freeway General Description of Project: 27,154 LF of 24" to 60" Cast -In -Place Pipe with inlets and Junction Boxes ranging in depth from 6' to 24' Project Cost $3,767,944.32 Date Project Completed 10/1/2007 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Marty Hamm Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Brian Wilson Engineer (806) 748-4496 Designer Construction Manager David Ockerman Inspector (806) 548-4152 R 7-7 Project Owner City of Lubbock, Texas Project Name Railport Industrial Improvements General Description of Project: 9505 LF of 8" and 16" Waterline; 6133 LF of 6" and 10" Sewerline Project Cost $1,255,983.00 Date Project Completed 3/7/2008 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Cody Hamm Cody Hamm Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Wood Franklin Engineer (806) 775-2343 wfranklin@mylubbock.us Designer Brian Stephens Engineer (806) 473-2200 bstephens@team-psc.com Construction Manager Mark Carpenter Inspector (806) 473-2200 Project Owner I City of Lubbock, Texas JProject Name South Central Drainage Improvements General Description of Project: 29990 LF of 24" to 72" Cast In Place Storm Sewer up to 50' in depth Project Cost $5,811,646.00 Date Project Completed 9/30/2008 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Leo Garcia Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum Engineer (806) 775-2393 mkeenum@mylubbock.us Designer Paul Mcmillan Engineer (806) 473-2200 pmcmillan@team-psc.com Construction Manager Don McClenan Inspector (806) 473-2200 dmcclenan@team-psc.com Project Owner I City of Lubbock, Texas JProject Name 98th Street Roadway & Drainage Improvements General Description of Project: Project Cost $3,885,233.58 Date Project Completed 10/1/2008 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Lorenzo Vasquez Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner LEDA (806) 749-4500 Designer Mark Haberer Engineer (806) 473-2200 mhaberer@team-psc.com Construction Manager Mark Carpenter Inspector (806) 777-0160 Project Owner I Lubbock Economic Development Alliance Project Name Lubbock Business Park- Phase 1A and 2A General Description of Project: 81 LF 6" Waterline; 136' 8" Waterline; 3575 LF of 10" Waterline; 10162 LF 12" Waterline and 5698 LF of 12" Sewerli Project Cost $5,808,790.17 Date Project Completed 1/8/2009 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Leo Garcia Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Marsha Reed Engineer (806) 775-2335 mreed@mail.ci.lubbock.us Designer Paul McMillan Engineer (806) 743-2200 pmcmillan@team-psc.com Construction Manager Don MacCleanan Inspector (806) 781-8480 dmccienan@team-psc.com Project Owner I City of Lubbock, Texas I Project Name I South Lubbock Drainage Project General Description of Project: 46210 LF of 24"-54" Storm Sewer; 10,958 LF 24"-54" Bore. Depths 5'-25' Project Cost $30,704,058.50 Date Project Completed 6/1/2009 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Leo Garcia Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Marsha Reed Engineer (806) 775-2335 mreed@mail.ci.lubbock.us Designer Paul McMillan Engineer (806) 743-2200 pmcmillan@team-psc.com Construction Manager Don MacCleanan Inspector (806) 781-8480 dmccienan@team-psc.com Project Owner City of Lubbock, Texas Project Name 16 inch Supply Line for Pump Station No.15 General Description of Project: 23380' 16" Waterline; 1665 ' 24" Steel Casing in Bore Project Cost $985,321.00 Date Project Completed 1/15/2010 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Cody Hamm Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Darlene Doss Buyer (806) 775-2168 ddoss@mylubbock.us Designer Brian Stephens Engineer (806) 473-2200 bstephens@team-psc.com Construction Manager Mark Carpenter Inspector (806) 777-0160 r Project Owner Lubbock Economic Developrnen-71157c—e7 Project Name Lubbock Business Park - Phase 1b General Description of Project: 2410' - 10", 3280' -12", 2315'-20" Waterline and 4156' -12" Sewerline Project Cost $1,004,550.48 Date Project Completed 3/1/2010 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Lorenzo Vasquez Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Brian Stephens Engineer (806) 473-2200 bstephens@team-psc.com Construction Manager Jason Hettler Project Manager (806) 745-7498 iason@allenbutler.net Project Owner I City of Lubbock, Texas Project Name 34th Street Waterline Replacement General Description of Project: 500' - 6", 1000'- 8", 100'- 10", 4800'- 12", 18500'- 16" and 6200'- 24" Waterline Replaced Project Cost $5,228,109.47 Date Project Completed 5/2/2010 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Leo Garcia Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Wood Franklin Engineer (806) 775-2343 wfranklin@rnylubbock.us Designer John Marler Engineer (512) 912-5188 iohn.marler@hdrinc.com Project Owner I Collegiate Construction I Project Name I The Retreat General Description of Project: Installation of 7220 LF 6"&8" Water, 10865 LF 4",6",8" & 15" Sewer line, Project Cost $557,000.00 Date Project Completed October 2010 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Marty Hamm Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mitch Malcomb Owner Rep. (706) 202-0571 Designer Todd Rauch Engineer (806) 763-5642 trauch@hueoreed.com Construction Manager Project Information Project Owner I City of Levelland Project Name Lee St. Water System Improvements General Project Description Installation of 14" water line BudgetProject -. Performance Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 777,548.95 Notice to Proceed 8/22/2011 Change Orders Contract Substantial Completion Date at Notice to Proceed 12/20/2011 Owner Enhancements Contract Final Completion Date at Notice to Proceed 1/19/2012 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total JActual / Estimated Substantial Completion Date Final Cost Key Project Personnel JActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 1/19/20: Quality Manager Name Ty Lane Chris Balios Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. contacting the names individuals Organization Telephone Email Name Title/position Owner Designer Construction Manager Leonard Nail Engineer Parkhill,Smith&Cooper 806473-2200 (nail@team-psc.com Surety Howard Cowan Attorney Liberty Mutual Issues / Disputes Resolved or Pending Resolution by Arbitration, resolved I 0 issues I Litigation or Dispute 0 Review Boards Number of issues Pending 1 Olin Resolved issues 0 Project Owner I City of Post, Texas Project Name Post/Cedar Hills Water System Improvements General Description of Project: Installation of 27,000 LF 6"HDPE Waterline by boring Project Cost $1,042,387.70 Date Project Completed 3/15/2011 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Chad Pabody Troy Lane Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Arbie Taylor City Manager (806) 495-2811 ataylor@postearza.net Designer Dwight Brandt Engineer (806) 681-8631 DLBrandt@brandtengineers.com Construction Manager Oscar Ostos RPR (806) 681-8631 OscarOCc@brandteggjag rs.com Project Owner I City of Wolfforth, Texas Project Name Wolfforth Sewer Expansion General Description of Project: Project Cost $1,115,465.00 Date Project Completed 4/29/2011 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Ty Lane Leo Garcia Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Michael Adams Project Manager (806) 791-2300 michael.adams@oideneineering.com Project Owner Lubbock Cooper ISD Project Name Cooper Middle School General Description of Project: 3575 LF 8" Waterline; 2930 LF 10" Sewerline Project Cost $517,814.80 Date Project Completed 7/27/2011 Key Project Personnel 1,Project Manager I Project Safety Officer Quality Control Name I Ty Lane I Lorenzo Vasquez Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Marsha Reed Engineer (806) 775-2335 mreedCa@maii.ci.lubbock.tx.us Designer Gary Dawson Engineer (806) 743-2201 gdawson@team-psc.com Construction Manager Micheal Haverdink Project Manager (806) 745-9450 michael@sandiaconst.com Project Owner City of Lubbock, Texas Project Name Indiana Paving Improvements General Description of Project: Installation of 6017 LF 10" & 15" Sewerline, 6958 LF 12" Waterline,11 Manholes, 72" Steel Casing Project Cost $1,330,284.88 1 Date Project Completed 7/29/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Name Ty Lane Lorenzo Vasquez Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Wood Franklin Engineer (806) 775-2343 wfranklin@mylubbock.us Designer Leslie Bruce Engineer Construction Manager Rick Humphries Project Manager (806) 745-7498 rhum_phries@allenbutler.net Project Owner I City of Denver City Project Name I Denver City Well Field Improvements General Description of Project: Installation of 16" water line Project Cost $488,974.50 Date Project Completed 8/31/2011 Key Project Personnel JProject Manager Project Safety Officer Quality Control Name I Ty Lane Leo Garcia Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager James Tompkins (432) 523-2181 JamesT@wtcengineering.com Project Owner I City of Lubbock, Texas I Project Name I Quaker Ave Reconstruction from 114th to FM 1585 General Description of Project: Installation of water, sewer, & storm sewer lines Project Cost $675,267.76 Estimated Completion Date 8/31/11 Key Project Personnel Project Manager Project Safety Officer Quality Control Name Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Ryan Duininck Project Manager (817) 491-0946 RCDuininck@dbitx.com Project Information Project Owner I City of Plainview Project Name Plainview Water Reconstruction General Project Description Installation of 12", 10", 8", 6", 4" water lines BudgetProject •. Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 1,494,410.00 Notice to Proceed 3/1/2011 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 23,929.00 Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total JActual / Estimated Substantial Completion Date Final Cost $ 1,518,339.00 Key Project Personnel JActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer November 2011 Quality Manager Name Ty Lane Chris Balios Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. Name contacting Title/position the names individuals Organization Telephone Email Owner Mike Gilliland Engineer City of Plainview (806) 296-1150 mgilliland@ci.plainview.tx.us Designer Construction Manager Brandon Autry Engineer AMD Engineering (806) 771-5976 bautrv@amdeng.com Surety Howard Cowan Attorney Liberty Mutual Issues / Disputes d or Pending Resolution by Arbitration, Litigation or Dispute 23929 Review Boards Number of issues Pending I Jin Resolved issues 23929 resolved I 1 issues 777 7- 777 , Project Information Project Owner I City of Lubbock, Texas Project Name Annexation Sanitary Sewer Improvements General Project Description The Project Consisted of 29,978 LF of 36" and 48" Sanitary Sewer Pipe. BudgetProject -. Performance Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 4,717,409.00 Notice to Proceed 5/5/2002 720 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total jActual / Estimated Substantial Completion Date Final Cost $ 4,717,409.00 Key Project Personnel lActual / Estimated Final Completion Project Manager Date Project Sup Safety Officer 4/1/2004 696 Quality Manager Name Troy Lane Leo Garcia Taylor Condit Chris Balios Percentage of Time Devoted to the Project 100% 100% 40% 50% Proposed for this Project Troy Lane Leo Garcia Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change ContactReference approval Name Title/position Organization Telephone Email Owner Mike Keenum Engineer City of Lubbock (806) 775-2393 rnkeenum@rnylubbock.us Designer Construction Manager David Ockerman Inspector City of Lubbock (806) 548-4152 Surety Howard Cowan Attorney SafeCo (425) 376-6535 Issues / Disputes Number of issues resolved d 0 or Pending Resolution by Arbitration, Total Amount involved in Resolved issues Litigation or Dispute 0 Review Boards Number of issues Pending Total amount involved 0 in Resolved issues 0 Project Information Project Owner I City Of Lubbock, Texas Project Name Marsha Sharp Freeway General Project Description This Project consisted of 27,154 LF of 24" to 60" Cast -In -Place Pipe with inlets and Junction Boxes ranging in depth from V to 24` Project Budget and Schedule Performance Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 3,451,540.15 Notice to Proceed 7/5/2005 840 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 316,404.17 9.17% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total lActual / Estimated Substantial Completion Date Final Cost $ 3,767,944.32 Key Project Personnel JActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 10/1/2007 806 Quality Manager Name Ty Lane Marty Hamm Taylor Condit Chris Balios Percentage of Time Devoted to the Project 50% 100% 50% 30% Proposed for this Project Ty Lane Marty Hamm Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. contacting the names individuals Name Title/position Organization Telephone Email Owner Brian Wilson Engineer TxDot (806) 748-4496 Designer Engineer PBQ&D inc. Construction Manager David Ockerman Inspector City of Lubbock (806) 548-4152 Surety Howard Cowan lAttorney SafeCo (425) 37676535 Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute 316,404 Review Boards Number of issues Pending Total amount involved 0 in Resolved issues 316,404 Number of issues resolved 4 Total Amount involved in Resolved issues 1 Project Information Project Owner I City of Lubbock, Texas 1project Name Railport Industrial Improvements General Project Description The Project consisted of 1680 LF of 8" Waterline; 7825 LF of 16" Waterline; 4123 LF 6" Sewerline; and 2010 LF of 10" Sewerline. BudgetProject .d Performance Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 1,214,548.00 Notice to Proceed 8/1/2007 240 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 41,435.00 3.41% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost $ 1,255,983.00 Key Project Personnel Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 3/7/2008 217 Quality Manager Name Ty Lane Cody Hamm T Condit/Cody Hamm Chris Balios Percentage of Time Devoted to the Project 40% 100% 100% 40% Proposed for this Project Ty Lane Cody Hamm Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. contacting the names individuals Organization Telephone Email Name Title/position Owner Wood Franklin Engineer City of Lubbock (806) 775-2343 wfranklin@mvlubbock.us Designer Brian Stephens Engineer Parkhill,Smith & Cooper (806) 473-2199 bstephens@team-psc.com Construction Manager Mark Carpenter Inspector Parkhill,Smith & Cooper (806) 473-2200 mcarpenter@team-psc.com Surety I Howard Cowan JAttorney 1, Safeco 1 (425) 376-6535 Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute tal Amount involved in Resolved F16i ues 41,435 Review Boards Number of issues Pending Total amount involved 0 in Resolved issues 41,435 Number of issues resolved Project Information Project Owner City of Lubbock, Texas Project Name South Central Lubbock Drainage Project General Project Description This Project Consisted of 29,990 LF of 24" to 72" Cast in Place Storm Sewer Ranging in Depths up to 50 feet. BudgetProject -. Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 5,811,646.00 Notice to Proceed 2/25/2007 590 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total JActual / Estimated Substantial Completion Date Final Cost $ 5,811,646.00 Key Project Personnel JActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 9/30/2008 575 Quality Manager Name Ty Lane/Troy Lane Leo Garcia Taylor Condit Chris Balios Percentage of Time Devoted to the Project 30% 100% 40% 60% Proposed for this Project Ty Lane Leo Garcia Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. contacting the names individuals Organization Telephone Email Name Title/position Owner Mike Keenum Engineer City of Lubbock (806) 775-2393 mkeenum@mail.ci.lubbock.tx.us Designer Paul Mcmillan Engineer Parkhill,Smith&Cooper (806) 775-2393 pmcmillan@team-psc.com Construction Manager Don McClenan Inspector Parkhill,Smith&Cooper (806) 773-2200 dmccienan@team-psc.com Surety Howard Cowan JAttorney Safeco (425) 376-6535 Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute Review Boards Number of issues Pending tal amount involved 70inResolved issues 0 Number of issues resolved 0 Total Amount involved in Resolved issues 0 r--7 Project Information Project Owner I City of Lubbock, Texas Project Name 98th Street Roadway & Drainage Improvements General Project Description The Project Consisted of 6972 LF of 24" to 36" Open Cut Storm Sewer with Curb inlet; 6540 LF of 6" to 16" Water Pipe ranging in depth form 5'-25'. ScheduleProject Budget and Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 3,790,134.00 Notice to Proceed 4/25/2006 Change Orders Contract Substantial Completion Date at Notice to Proceed 480 Owner Enhancements $ 95,099.58 2.51% Contract Final Completion Date at Notice to Proceed 250 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 5/5/2008 730 Final Cost $ 3,885,233.58 Key Project Personnel Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 10/1/2008 Quality Manager Name Ty Lane Cody Hamm Cody Hamm Chris Balios Percentage of Time Devoted to the Project 50% 100% 100% 50% Proposed for this Project Ty Lane Cody Hamm Cody Hamm Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. Name contacting Title/position the names individuals Organization Telephone Email Owner Wood Franklin Engineer City of Lubbock (806) 775-2343 wfranklin@mvlubbock.us Designer Gary Dawson Engineer City of Lubbock (806) 775-2343 gdawson@mylubbock.us Construction Manager Ron Pederson Inspector Parkhill,Smith&Cooper (806) 928-6561 Surety Howard Cowan JAttorney Safeco (425) 376-6535 Resolved or Boards Number of issues Pending I Total amount involved 0 in Resolved issues 1 95,099.58 Number of issues resolved 4 Total Amount involved in Resolved issues 95,099.58 y Project Information Project Owner I Lubbock Economic Development Alliance Project Name Lubbock Business Park - Phase 1A and 2A General Project Description The Project consisted of 881 LF 6" Waterline; 136' 8" Waterline; 3575 LF of 10" Waterline; 10162 LF 12" Waterline and 5698 LF of 12" Sewerline. Project BudgetSchedule Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 4,844,662.00 Notice to Proceed 9/1/2007 700 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 964,128.17 19.90% Contract Final Completion Date at Notice to Proceed 2/3/2008 120 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Actual / Estimated Substantial Completion Date FTotal nal Cost $ 5,808,790.17 Key Project Personnel Actua{ /Estimated Final Completion Date Project Manager Project Sup Safety Officer 1/8/2009 818 Quality Manager Name Ty Lane Lorenzo Vasquez Taylor Condit Chris Balios Percentage of Time Devoted to the Project 30% 100% 30% 30% Proposed for this Project Ty Lane Lorenzo Vasquez Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Reference Contact Information (listing names indicates approval • contacting Title/position the names individuals as a reference) Organization Telephone Email Name Owner LEDA (806) 749-4500 Designer Mark Haberer Engineer Parkhill,Smith&Cooper (806) 473-2200 mhaberer@team-psc.com Construction Manager Mark Carpenter Inspector City of Lubbock (806) 777-0160 Surety Howard Cowan JAttorney Safeco (425) 376-6535 Issues / Disputes Resolved. .Arbitration,. or Dispute Review Boards Total amount involved Number of issues Pending 0 in Resolved issues 964,128.17 Number of issues resolved 5 Total Amount involved in Resolved issues 964,128.17 Project Information Project Owner I City of Lubbock, Texas Project Name South Lubbock Drainage Project General Project Description The Project consisted of 30,410 Lf of 54" Open Cut Storm Sewer pipe; 2826 LF of 42" Open Cut Storm Sewer; 8058 LF of 36" Open Cut Storm Sewer; 1354 LF Open Cut Storm Sewer; 3562 LF Open Cut storm Sewer. 6425 LF 54" Bored Storm Sewer; 702 LF 42" Bored Sorm Sewer; 2202 LF 36" Bored Storm Sewer; 380 LF 30" Bored Storm Sewer; and 1541 LF 24" Bored Storm Sewer. Project.•et and Schedule Performance Budget History Schedule Performance Amount $ % of Bid Amount Date Days Bid $ 25,699,455.50 Notice to Proceed 10/27/2005 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 5,004,603.00 19.47% Contract Final Completion Date at Notice to Proceed 10/27/2009 1440 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 5,004,603.00 Actual / Estimated Substantial Completion Date 5/1/2009 1262 Final Cost $ 30,704,058.50 Key Project Personnel JActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 1 6/1/20091 1292 Quality Manager Name Ty Lane Chris Balios Taylor Condit Marty Hamm Percentage of Time Devoted to the Project 60% 60% 60% 40% Proposed for this Project Ty Lane Chris Balios Taylor Condit Marty Hamm Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. contacting the Title/position names individuals Organization Telephone Email Name Owner Mike Keenum Engineer City of Lubbock, Texas (806) 775-2393 Mkeenum@mg l.ci.lubbock.tx.us Designer Paul McMillen Engineer Parkhill,Smith & Cooper (806) 473-2200 pmcm lllen@team-psc.com Construction Manager Don McClenan Inspector Parkhill,Smith & Cooper (806) 473-2200 dmclenan@team-psc.com Surety Howard Cowan JAttorney I Safeco (425) 376-6535 Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute JTotal Amount involved in Resolved 3 issues 1 5004603.00 Review Boards Number of issues Pending I Total amount involved 0 in Resolved issues 500463.00 Number of issues resolved 1 Project Information Project Owner I City of Lubbock, Texas Project Name 16 Inch Supply Line to Pump Station 15 General Project Description This project Consisted of 23,380 LF of 16" Waterline running through Lubbock Airport to Pump Station No. 15. BudgetProject •. Performance Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 985,321,00 Notice to Proceed 6/29/2009 Change Orders Contract Substantial Completion Date at Notice to Proceed 180 Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total JActual / Estimated Substantial Completion Date 12/24/2009 178 Final Cost $ 985,321.00 Key Project Personnel JActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 1/15/2010 224 Quality Manager Name Ty Lane Cody Hamm Taylor Condit Chris Balios Percentage of Time Devoted to the Project 100% 30% 30% Proposed for this Project Ty Lane Cody Hamm Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes No Yes If not, who started or completed the project in their place. Troy Lane Reason for Change Resignation ContactReference . .n (listing names indicates approval. contacting the Name Title/position names individuals Organization Telephone Email Owner Darleen Doss Buyer City of Lubbock (806) 775-2168 ddoss@mylubbock.us Designer Brian Stephens Engineer Parkhill,Smith&Cooper (806) 473-2200 bstephens@team-psc.com Construction Manager Mark Carpenter Inspector City of Lubbock (806) 777-0160 Surety Howard Cowan JAttorney I Safeco 1 (425) 376-6535 Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute Review Boards Number of issues Pending Total amount involved 0 in Resolved issues 0 Number of issues resolved 10issu Total Amount involved in Resolved es 0 Project Information Project Owner I Lubbock Economic Development Alliance Project Name Lubbock Business Park - Phase 1B General Project Description Installation of 2410' -10", 3280' -12", 2315'-20" Waterline and 4156' - 12" Sewerline Project Budget and Schedule Performance Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 979,059.20 Notice to Proceed 6/15/2009 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 25,491.28 Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total JActual / Estimated Substantial Completion Date Final Cost $ 1,004,550.48 ProjectKey Personnel JActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 3/1/2010 Quality Manager Name Ty Lane Lorenzo Vasquez Chad Pabody Chris Balios Percentage of Time Devoted to the Project 100% Proposed for this Project Did individual Complete the Project? if not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. Name contacting Title/position the names individuals Organization Telephone Email Owner Designer Brian Stephens Engineer Parkhill,Smith&Cooper (806) 473-2200 bstephens@team-psc.com Construction Manager Jason Hetler Allen Butler Construction (806) 745-7498 Jason@allenbutler.net Surety Howard Cowan Attorney Liberty Mutual Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute resolved 4 issues I 25491.28 Review Boards Number of issues Pending I lin Resolved issues Project Information Project Owner I City of Lubbock, Texas 1project Name 34th Street Waterline Replacement Project General Project Description This Project Constists the removal and replacement of 500 LF 6" Waterline; 1000 LF of 8" Waterline; 100' 10" Waterline; 4800 LF of 12" Waterline; 18500' 16' Waterline and 6200" of 24" Waterline. Project Budget and Schedule Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 4,977,034.30 Notice to Proceed 9/25/2008 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 251,075.17 5.04% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost $ 5,228,109.47 'Key Project Personnel Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 5/2%2010 Quality Manager Name Ty Lane Leo Garcia Taylor Condit Chris Baiios Percentage of Time Devoted to the Project 50% 100% 40% 40% Proposed for this Project Ty Lane Leo Garcia Taylor Condit Chris Balios Did individual Complete the Project? No If not, who started or completed the project in their place. Chad Pabody Reason for Change Resignation ContactReference . .n (listing names indicates approval. contacting the names individuals Organization Telephone Email Name Title/position Owner Zoltan Fekete Engineer City of Lubbock, Texas (806) 775-3377 zfekete@mylubbock.us Designer John Mader Engineer HDR (512) 912-5188 iohn.marler@hdrinc.eom Surety Howard Cowan Attorney Safeco (425) 376-6535 Issues / Disputes Resolved. . Arbitration, . Dispute Review Boards Total amount involved Number of issues Pending 0 in Resolved issues 251,075.17 Number of issues FTotal Amount involved in Resolved resolved 4 issues 251,075.17 =7 r--� --1 r--�� ----, Project Information Project Owner City of Post, Texas Project Name Post/Cedar Hills Water System Improvements General Project Description Installation of 27,000 LF of 6" HDPE Waterline by boring. Project Budget Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 875,309.90 Notice to Proceed 2/1/2010 Change Orders $ 167,077.80 19% Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost $ 1,042,387.70 i(ey Project Personnel Actual /Estimated Final Completion Date Project Manager Project Sup Safety Officer 3/15/2011 Quality Manager Name Chad Pabody Cody Hamm Chad Pabody Ty Lane Percentage of Time Devoted to the Project 25% 100% 25% 25% Proposed for this Project Chad Pabody Cody Hamm Chad Pabody Ty Lane Did individual Complete the Project? Yes No Yes Yes If not, who started or completed the project in their place. Troy Lane Reason for Change Resignation ContactReference . .n (listing names indicates approval. Name contacting Title/position the names individuals Organization Telephone Email Owner Arbie Taylor City Mgr. City of Post, TX (806) 495-2811 ataylor@postgarza.net Designer Dwight Brandt Engineer Brandt Engineers (806) 681-8631 DLBrandt@braodtenizineers.com Construction Manager Oscar Ostis RPR Brandt Engineers (806) 681-8631 Oostis@brandteneineers.com Surety Howard Cowan Attorney Liberty Mutual Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute mber of issues Total Amount involved in Resolved Folved ns issues 167077.8 Review Boards Total amount involved Number of issues Pending 0 in Resolved issues 167077.8 Project Information Project Owner City of Wolfforth JProject Name Wolfforth Sewer Expansion General Project Description BudgetProject .d Performance Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 1,100,215.00 Notice to Proceed 9/1/2010 Change Orders $ 15,250.00 1% Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost $ 1,115,465.001 Project Personnel JActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 4/29/201Key Quality Manager Name Ty Lane Leo Garcia Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. contacting the names individuals Organization Telephone Email Name Title/position Owner Designer Construction Manager Michael Adams OJD Engineering (806) 791-2300 michael.adams@oidenaineerine.com Surety Howard Cowan Attorney Liberty Mutual Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute 15250 Review Boards Number of issues Pending I lin Resolved issues 15250 resolved FTIssues I Project Information Project Owner I Lubbock Cooper ISD Project Name Cooper Middle School General Project Description 3575 LF 8" Waterline; 2930 LF 10" Sewerline BudgetProject •. Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 488,248.00 Notice to Proceed 8/1/2011 Change Orders $ 29,566.80 6% Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total lActual / Estimated Substantial Completion Date Final Cost $ 517,814.80 Key Project Personnel jActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 7/27/2011 Quality Manager Name Ty Lane Lorenzo Vasquez Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. contacting Title/position the names individuals Organization Telephone Email Name Owner Marsha Reed Engineer City of Lubbock (806) 775-2335 mreed@mail.ci.lubbock.tx.us Designer Gary Dawson Engineer Parkhill,Smith&Cooper (806) 743-2201 gdawson@team-psc.com Construction Manager Michael Haverdink Project Mgr Sandia Construction (806) 745-9450 michael@sandiaconst.com Surety Howard Cowan Attorney Liberty Mutual i issues / Disputes Resolved or Boards Number of issues Pending in Resolved issues 3+6++ resolved 4 issues I 29566.8 Project Information Project Owner I City of Lubbock Project Name Indiana Paving Improvements General Project Description Installation of 6017 LF 10" & 15" Sewerline, 6958 LF 12" Waterline, 11 Manholes, 72" Steel Casing BudgetProject -. Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 1,293,497.50 Notice to Proceed 2/1/2010 Change Orders $ 36,787.38 3% Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost $ 1,330,284.88 Key Project Personnel jActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 7/29/2011 Quality Manager Name Ty Lane Leo Garcia Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. contacting the names individuals Organization Telephone Email Name Title/position Owner Wood Franklin Engineer City of Lubbock (806) 775-2343 wfranklin@mvlubbock.us Designer Leslie Bruce Engineer Construction Manager Rick Humphries Project Mgr Allen Butler Construction (806) 745-7498 rhumphries@allenbutler.net Surety Howard Cowan Attorney Liberty Mutual Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute 36787.38 Review Boards Number of issues Pending in Resolved issues 36787.38 resolved 2 issues 1 Project Information Project Owner I City of Denver City Project Name Denver City Well Field Improvements General Project Description Installation of 16" water line Project Budget and Schedule Performance Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 196,595.75 Notice to Proceed 6/1/2011 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 292,378.75 149% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost $ 488,974.50 ProjectKey jActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 1 8/31/2011 Quality Manager Name Ty Lane Leo Garcia Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change .R . . . .... . . . duals Organization Telephone Email Name Title/position Owner Designer Construction Manager James Tompkins (432) 523-2181 JamesT@wtcen ig neerine.com Surety Howard Cowan Attorney Liberty Mutual -..w Boards Number of issues Pending lin Resolved issues 292378.75 resolved I 2 issues 1 292378.75 Project Information Project Owner City of Lubbock Project Name Quaker Ave Reconstruction from 114th to FM 1585 General Project Description Installation of water, sewer, & storm sewer lines BudgetProject -. Budget History Schedule Performance Amount of Bid Amount Date Days Bid $ 663,467.00 Notice to Proceed 4/1/2011 Change Orders $ 11,800.76 Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost $ 675,267.76 Project Personnel JActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 8/31/201Key Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change ContactReference . .n (listing names indicates approval. Name contacting Title/position the names individuals Organization Telephone Email Owner Designer Construction Manager Kyle Duininck Project Mgr Duininck Brothers (817) 491-0946 RCDuininck@dbitx.com Surety Howard Cowan Attorney Liberty Mutual Issues / Disputes Resolved or Pending Resolution by Arbitration, resolved 1 issues Litigation or Dispute 11800.76 Review Boards Number of issues Pending in Resolved issues 11800.76 Fj 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: to VA' 1`�4 n -rro ctpl '�s � �r Q n_ 'FEDERAL TAX ID or SOCIfnin I�'Y No. %5 `a� � L% t'� n j(PriSignature of Company Official:N nted name of company offici over �� t. p y b / �Gn.2 i[ Date Signed: ,d0 / 2 No Text LIST OF SUB -CONTRACTORS No Text BID 12-10280-MA — LUBBOCK DOWNTOWN REDEVELOPMENT LIST OF SUB CONTRACTORS Minority Owned Company Name Location Services Provided Yes No ❑ 9------ 2. ANC .SyAR.n /_�L- 9✓: ��t`/Pl� _ ❑ 3. Y G l G w ❑ 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8: ❑ ❑ 9. ❑ o 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ Compan U-r:1;-tLl Address q 9-7 LP a, �ubboc(C City Coun a ,� State Zip Code Telephone: `60(9 - S (o Co- 9 a% O Fax: "931.- - 9 53[) THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO BID 12-10280-MA — LUBBOCK DOWNTOWN REDEVELOPMENT FINAL LIST OF SUB CONTRACTORS Minority Owned Company Name Location Services Provided Yes No S 1• aun4C5 �ickSti`uC;�►CN►_�ubh�ek 90. s ❑ er 2. Lone- %tc c L« to boo, �LL+ret2. ❑ cY 3. V-TPe� ❑ 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ D 8, ❑ D 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. D ❑ 16. ❑ ❑ !,k-r; I -, -ram{ T re ctprs oP f{mer: ea. Company `T (R` D flw l,p l o'D Address 1,)f) I orTh Z.(AA City, County 7 :711)3%9 State Zip Code Telephone: "WtL - glotg- 9 3 M Fax: _- s-lot a-Q63a THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO 3 PAYMENT BOND ____ .. � ,� ._ � � � � � �..,. �,�. �, ��-� �, ..�,,. �,�..-w, -� 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 C a�— (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 Two Million Seventy -Four Thousand Five Hundred Eight Dollars ($2,074,508) 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 16t6 day g of November, 2011, a copy of which is hereto attached and made a part hereof for the construction of: BID 12-10280-MA — LUBBOCK DOWNTOWN REDEVELOPMENT 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, if the Principal shall well, truly and faithfully perform its duties, all the undertakings covenants, terms, conditions, and agreements of sad contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all clais and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then 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. PROVIDED FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed there under or the SPECIFICATIONS ACCOMPANYING the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATION. PROVIDE FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD QQWAN 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. 7 IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this instrument this da 1 Y►t �C of 2011. � day of (CompanyNaarine) *By: V 6A &e J--� (Title) - mARCARILL, ATTY IN FACT ATTEST: 9-A By: (SEAL) 9_ ATTEST: By (SEAL) Approved as to form: City of k By: J 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. _. The date of the BOND must not be prior to the date of Contract. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and must be authorized to transact business in the state were the PROJECT is located. PERFORMANCE BOND 2 .�m..�„ rw..,.� __�„ m.,..,,.„„ ,.,.,,,W, 60-vt J )(d . 03c)C/ r) o 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 J 1t (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 Two Million Seventy -Four Thousand Five Hundred Eight Dollars ($2,074,508) 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 16'h day of November, 2011, a copy of which is hereto attached and made a part hereof for the I I construction of: BID 12-10280-MA — LUBBOCK DOWNTOWN REDEVELOPMENT _ 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. t_ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings covenants, terms, conditions, and agreements of sad contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all clais and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then 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. PROVIDED FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed there under or the SPECIFICATIONS ACCOMPANYING the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATION. PROVIDE FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. IN WITNESS WBEREOF, this instrument is executed in b counterparts, each one of which shall be deemed an original, this instrument this � 0 day of 0&94-rJ.KP2 2011. Surety U (Company Name) *By: By: 7t�,�•�� (Title) "�itd Name) g.I Y IN FACT ATTEST: By (SEAL) ATTEST: BY (SEAL) Approved as to form: City of ck _ 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. The date of the BOND must not be prior to the date of Contract. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and must be authorized to transact business in the state were the PROJECT is located. 4 No Text O fa. N Y y � C L tii 0 d o R L > d �b 0 i L o y �' m c� lcm N L S E +� .O cL0 0 > L Z0 2755621 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint HOWARD COWAN, MARLA HILL, ALL OF THE CITY OF LUBBOCK, STATE OF TEXAS:............................................ ... . . ...................... ... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obliggatlo* s in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100 DOLLARS ($ 100 000 000.00 ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president anId attested by the secretary0 the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law, and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 1 St day of February 2010 LIBERTY MUTUAL INSURANCE COMPANY Jy. Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 11 st day of February , 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH unto subscribed my name and affixed my notarial Seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 0 ' COMMONWEALTH OFPENNSYLVAINtA\ i -:Noter'.31 Seal OF _ ,usa Pasteila tctary PUhi.c j Ply— thlwp Montgomery CO. I By , My C .emission aoi,es M-mli 28, 2013 - Ter6sa Pastella, Notary Public �+Y`W Alember, PemrcssT�ms Ass�+aEm of Nota,ies. CERTIFICATE 1, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date,of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company: This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. max. I ESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this a__ day of ,r . Y By ! �} David M. Care Ass' t Secretary rY N N N C .y 7 c c0 0 > U) W cE 0 fa. a� o� N C 3M 0E aE rn 0 to 0 C d R N >� N� 04 C OP 00 0r I0 Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Home Office Surety at 1-610-832-8240 "ISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede contactar a servicio de la oficina principal de Surety al: 1-610-832-8240 3 You may call (company)'s toll -free telephone Usted puede Ilamar al numero de telefono number for information or to make a complaint gratis de (company)'s para informacion o at: para someter una queja al: (800) 472-5357 Surety Option #7 4 You may also write to Liberty Mutual Surety at: 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 (800) 472-5357 Surety Opcion De #7 Usted tambien puede escribir a Liberty Mutual Surety 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 5 You may contact the Texas Department of Puede comunicarse con el Departmento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at: acerca de companias, coberturas, derechos o quejas al: (800) 252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. (800) 252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not Este aviso become a part or condition of the attached document. S-6128/LM 7107 XDP DEPARTMENT OF THE TREASURY - FISCAL SERVICES (DEPT. CIRCULAR 570; 2011 REVISION) 7 No Text 4810-35 Department of the Treasua Fiscal Service (Dept. Circular 570; 2011 Revision) Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies Effective July 1, 2011 This Circular is published annually, solely for the information of Federal bond -approving officers and persons required to give bonds to the United States. Copies of the Circular and interim changes may be obtained directly from the internet or from the Government Printing Office (202) 512-1800. (Interim changes are published in the FEDERAL REGISTER and on the internet as they occur). Other information pertinent to Federal sureties may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782, Telephone (202) 874-6850 or Fax (202) 874-9978. i_J The most current list of Treasury authorized companies is always available through the Internet at ` Authorized Companies. In addition, applicable laws, regulations, and application information are also f available at the same site. Please note that the underwriting limitation published herein is on a per bond basis but this does not limit the amount of a bond that a company can write. Companies are allowed to write bonds with a penal sum over their underwriting limitation as long as they protect the excess amount with reinsurance, coinsurance or other methods as specified at 31 CFR 223.10-11. Please refer to Note (b) at the end of this f publication. The following companies have complied with the law and the regulations of the U.S. Department of the Treasury. Those listed in the front of this Circular are acceptable as sureties and reinsurers on Federal bonds under Title 31 of the United States Code, Sections 9304 to 9308 [See Note (a)]. Those listed in the back are acceptable only as reinsurers on Federal bonds under 31 CFR 223.3(b) [See Note (e)]. �j t If we can be of any assistance, please feel free to contact the Surety Bond Branch at (202) 874-6850. Linda S. Kimberling Assistant Commissioner for Management (CFO) Financial Management Service IL . 8 t No Text CERTIFICATE OF INSURANCE I `�� o® CERTIFICATE OF LIABILITY INSURANCE 12/l/ o� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K & S Insurance Agency 2255 Ridge Road, Ste. 333 P . 0. BOX 277 Rockwall TX 75087 CONTACT Cheryl Bounds PHONE (972) 771-4071 FAX . (972)771-4695 EMAILADDRESS.ebounda@kandsins.com INSURERS AFFORDING COVERAGE NAIC it INSURERA Allied Property & Casualty INSURED Utility Contractors of America, Inc., DBA: Utility Contractors of America, Ltd. 927 Hwy. 62 Wolfforth TX 79382 INSURER B:De ositors Insurance Co. INSURERC:Texas Mutual Insurance Co. 22945 INSURERD:Federal Insurance Company 0281 INSURER E : [INSURER F: COVERAGES CERTIFICATE NUMBER:11/12 Std 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 ADD S POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO PREMISES (EaEoccurrence) $ 100,000 A CLAIMS -MADE ❑X OCCUR X X GLP07205087763 9/5/2011 9/5/2012 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X Additional Insured CG7323 5/10 & CG7246 9/10 X Waiver of Subrogation GENERAL AGGREGATE $ 2,000,000 G7323 5/10 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ PRO- Loc POLICY F x-1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E,acadent 11000,000 BODILY INJURY (Per person) $ B ANY AUTO Ix BODILYINJURY(Peraccident) $ ALLOWNED SCHEDULED X X D7205087763 /5/2011 9/5/2012 AUTOHIRED SAUTOS X NON -OWNED C0101A 3/08 Waiver DAMAGE PROPERTYTOS $ AUTOS (Per Uninsured/Underinsured $ 11000,000 X Add'i Insd C0102T% 3/08 X UMBRELLA LIAB X OCCUR X X Umbrella Follows Form EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAR CLAIMS -MADE AI & WOS �__7205087763 DED RETENTION$ $ /5/2011 9/5/2012 C WORKERS COMPENSATION X Waiver - WC420304A 1/00 X WCSTATU- OTH- ER AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? 0 (Mandatory In NH) NIA UU1204282 9/5/2011 /5/2012 E.L. DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Equipment Floater 06641994 /5/2011 9/5/2012 $3,241,726w/$1000DeduOble Rented/Leased Equipment �6641994 /5/2011 9/5/2012 5200,000 Max. Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE:Bid 12-10280-MA Lubbock Downtown Redevelopment. City of Lubbock, its officers, agents and empoyees and other parties when required by written contract are included as Additional Insured on all liability policies with a Waiver of Subrogation on the same including Work Comp when required by written contract. All policies are written on a primary basis with G/L on a Primary & Non -Contributory Basis including products/complete operations. City of Lubbock P.O. Box 2000, Suite 102 Lubbock, TX 79457 ACORD 25 (2010/05) INS025 omnnsl ni SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Moss/CHERYL ©1988-2010 ACORD CORPORATION. All rights reserved. Tha ArnPn Hama and Innn aro raniafararl marlrc .,f Ar.npn A� RIDO CERTIFICATE OF LIABILITY INSURANCE �2/8/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER Ashmore & Associates Insurance Agency, LLC 6102 82nd Street Bldg. # 6 Lubbock TX 79424 CONTACT COmmCSR02 PNONE (806) 771-4368 FAX� VC (806)771-4382 E-MAIL INSURERS AFFORDING COVERAGE NAIC # INSURERA;Colony Insurance Co. 39993 INSURED Saunders Construction, Inc. 4405 Clovis Road Lubbock TX 79407 INSURER B :United Fire Group INSURERC:Texas Mutual Insurance Co. 22945 INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:11/12 Liab 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. ILS TYPE OF INSURANCE ADDL B POLICY NUMBER MWDD/YYYY MWDDNYY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTE PREMISES ( a occur ence) $ 50,000 A CLAIMS -MADE Fx_] OCCUR GL800138 0/30/2011 0/30/2012 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 1,000,000 X POLICY M PRO- LOG $ AUTOMOBILE LIABILITY BI( COMBINED SINGLE LIMIT Eaccident) 11000,000 BODILY INJURY (Per person) $ B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 0363310 /10/2011 /10/2012 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS Uninsured motorist combined $ 100,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 A rX EXCESS LIAB CLAIMS -MADE DED I X I RETENTION 10,00 $ S145745 0/30/201110/30/2012 C WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N E.L. EACH ACCIDENT —•- $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N / gp_0001207260 2/18/2010 2/18/2011 E.L. DISEASE - EA EMPLOYEd $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) Ia projects@ucatexas.com Utility Contractors of America 927 Hwy 62 Wolfforth, TX 79382 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ashmore/BRENDA ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005).0( The ACORD name and logo are registered marks of ACORD A4C" " CERTIFICATE OF LIABILITY INSURANCE ATE D12/07/201 YY) 12/07/2011 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 pol)cy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-432-570-3456 Arthur J. Gallagher Risk Management Services, Inc. CONTACT Becky Chatfield NAME:PNCNNO E :432-570-3456 AIC No:432-570-3450 E-MAIL beck chatfield�a' com ADDRESS: y_ 7g• 110 N. Marienfeld Suite 330 Midland, TX 79701 INSURERS AFFORDING COVERAGE NAIC# INSURERA: MOUNTAIN STATES MUT CAS CO 14648 Scott Riddle INSURED INSURERS: TEXAS MUT INS CO 22945 Lone Star Dirt & Paving, Ltd. INSURER C INSURERD: 11820 University Avenue INSURERE: Lubbock, TX 79423-7412 INSURER F : COVERAGES CERTIFICATE NUMBER: 24355733 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A GENERAL LIABILITY X X CPP0124761 03 05/30/1 05/30/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY TO DAMAGES(RENTED PREMISES Ea occurrence $ 100,000 CLAIMS -MADE ] OCCUR MED EXP (Any one person) _ $ 10,000 X AI - UND 536 (07/04) PERSONAL & ADV INJURY $ 1,000,000 X WOS - CG2404 (10/93) GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 X POLICY PRO- M LOC 1 $ A AUTOMOBILE LIABILITY X X BAP0124761 02 05/30/13 05/30/12 EOM�BINdeDtSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS Ix BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ NON -OWNED HIRED AUTOS AUTOS Per accidentAl $ - CA040 X WOS - CA208 A X UMBRELLA UAB OCCUR X X 03 05/30/1 05/30/12 EACH OCCURRENCE $ 2,000,000 N AGGREGATE $ 2,000,000 EXCESS LIAR CLAIMS -MADE 70124761 DED RETENTION $ $ B WORKERS COMPENSATION X TSF0001212603 05/30/1 05/30/12 X WCSTATU IMIT ER AND EMPLOYERS' LIASIUTY Y / NTQRY ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Lubbock is listed as an Additional Insured on the General Liability and Auto policies as required by writte contract with respect to work performed by the named insured. A Waiver of Subrogation is included in favor of the City of Lubbock on the General Liability, Auto & Workers' Compensation policies as required by written contract with respect to work performed by the named insured. Primary & Noncontributory wording is included. Heavy Equipment & XCU included. Additional Insured Endorsement includes Products/Completed Operations. Subject: Bid 12-10280-MA Lubbock Downtown Redevelopment GEK IIFIGA I t MULUtK GANULLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lubbock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 2000 AUTHORIZED REPRESENTATIVE Lubbock, TX 79457 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD bchatfield 24355733 No Text AGENCY CUSTOMER ID: LOC #: .4 oR ADDITIONAL REMARKS SCHEDULE Page of AGENCY Arthur J. Gallagher Risk Management Services, Inc. NAMED INSURED Lone Star Dirt & Paving, Ltd. 11820 University Avenue POLICYNUMBER Lubbock, TX 79423-7412 CARRIER 7�1 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL INFORMATION: Blanket Additional Insured on all policies except WC and Blanket Waiver of Subrogation on all policies as required by written contract with respect to work performed by the named insured. CANCELLATION CLAUSE: The Producer will endeavor to mail 30 days written notice to the Certificate Holder on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. ACORD 101 (2008/01) C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD No Text v TECH ENV PAGE 01 12,109/2011 11:07 8067485012 P.1 bar, 0710 03-.62P AR'�' or.T� 1MMnmrrl _ CERTIFICATE OF LIABILITY INSURANCE 171061207_ �_ TI-13 CERTIFICATE i$ 13SUF-;0 AS A MATTER OF INFORMATION ONLY AND CONFMS NO RIGHTS UPON THE CMIFICATE HOLDER. 11-k: CE:RTWIC.ATF, AOX'.S NOT AFF!RIIRATXVGLY OR NEGATWELY AMEND„ EXTEND OR ALTER THE COVERAGE AFFORDED OY THE PCILI�JF:. SeLiO 11, THIS CtRTTF'ICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPREZIENTATIVE OR PRODUCHR, AND THE CERTIFICATE HOLOM. __ IMPORTANT: N the cartirrcate holder Is an ADDITIONAL INSURED, thv pollcy(i") must bra andofsad. ff SUBROGATION 16 WAIVED, nTl*— ct T o th, term$ and conditions of the paHcy, curtain pdtdas may require an andoftement A statement on Ibis ce+tiflrata does not onnfar rights tc. ?tu certltloeta holder in Ifeu of such ondorsoment(2s1. PRooI"n Mark Morton -- State Parr Insurance lass �72-751a _ v_►i: �1?. Z�� o — PO Box 315 mOtk.mortcn,av5 stetefarm,com -- — - Mulezhoe, Texas 79347 WSM&FJ5)AFFORDWAcOVERAGE __ -- _ IR61J h :9Late Farm MUOvaI Automobile rn�uence rompary �''+-'e_ It1.EUh[0 Randy & Polly Vann, dba V-Tech Environmental INEuRt3119 Services b4IREft C - iL0 E 2 � t h St, n1&tm0: LittJe-hekl, Teyaa79330,5601 ER11i: IN RP:,,,,,_ TNS 13 TO CQRTI" THAT THE POLICIE$ OF INSURANCE LISTED BELOW HAVE BEEN MUEp TO THE INSURED NAMEO ALI.OVe FOR THE POLICY PEPiGG INDICATED. N01WTHSTAN4ING ANY REpUtRaIENT, TERM OR coNDITIoN OF ANY CONTRACT OR OTHER DOCUMENT VWM RESPECT TO MR('H 'His CFRTIROME MAY 6E ISSUED OR MAY PERTAIN, THE INSURANCE AFFOfi)EO BY THE POUCIE$ DESCRIBED 4ER6Bd IS SUBJECT TO ALI. THE TEF-4S "CLUSIOMS AND Cnlir`i714NS Of SUCH POLIGIES, LIMITS S40WN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rVTXrXw-- 1 71A!0!'It1AUR14CFf0JJ9Y" URIts- _ �GgWRAL k4.&1&RJrV _i I VACH OMURRFNCE I I--- - comm-gzcmc, GE;4E a. SiAwLrr, 51-1 A.A3AMD'L RP-2111 FO EXP AY Otto !TON irG{ G94RAr' AGOREGAYE GErn,AG RMATEUL'�TAPJ_LIFSr7'F: i I PRODUCTS-C.OMPWAGG S ...� P_61iC1' I _Pia_RrT �I.CG I Y AUTOn08�LEt-IAB�1tY 800NI1KLYNJURIYLIMIT (' Y eI. _�_ I epDLr lwUY (Pm pwAN AU O 176 7759-E2143C-001 11/22011 0w21;n12 anl x 1Iow C ALLOAWED --yy IA' AUTOS (perawdeN y - _ i�CCU 100 t "RED AI.JOS r�� I NU �Wl+£�Roft —fffj ` 083144"11.43A-001 02mi 2011 021111112012 —L— ----- S 1 — UI118FcI.L:tLU(G EACH QCGilRRENf•E S "—"•`_ _. i rDtCE:$idAfl �� i [_._tAIVS-MADE! AGGREGATE S DEU RETL'uTION s- WURNE.R91x%alplsl4sA%tnt j i faP1 STLA UR N. AND RLOYUPW UAMI17Y Y f N I _ ANYf'ROFP..!6"Tr'RIPMTNCRIEii;rCUTiVF I i" RjaEA.CHACCIUENI t 0MC"ERISPRE;(GVMED7 .-- -.-. 04*40" In tal I "'._1+ 11 �F-I. aBSEA£E - EA iMPJLOYE IEAS:xU c= UilYt(JAFS 1ZtiarY 1 _ __ E.l.• 01seAr.PO ICY LWII7 tV'9CR1I'Y10N Of GPEl A.M?431:.Dcf%TioNt� r vQWL-E3 IA(twcb ACORO 101, Additta7d Rrm"wft Sfb"ull, if morr apeae IP mqub-11 Project: ' Lubbock Dnnr:owe. FFt si .!;nenT Prcleei (tTB �t2.10Z8U�M,4) _ CANCELLATION City of Lubbock piiMbasing Dept PO Rex 20,30, Lubbock, Texas 74467 A,CORD 75 (21)101015) SHOULD ANY OF THe ABOVE DE3CF9 Wt'P POLICIES BE CANCELLED 13RIKI11'_ ME EXPIRATION DATE THERFAF, NOTICE WILL. 68 0ELr14:RCq 11= ACCORDANCE WITH THE POLICY PROVI610146. 01968-2010 ACC Ttte ACC7RD name and logo we raglswed marks of ACORE1 1 A710N. All Yigl iro reserysa 1001486 132849.$ 11 %5-:,C-r; No Text 12/09/2011 11:07 8067485012 V TECH EFIV PAGE 02 Dee 07 10 03;19p P,d i ��I �' DATe prrarUDmY �l , t► ��' CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE 143 B,SSUEO A9 A MATTER OF INFOFWATION ONLY AND OONFER6 NO RIGHT& UPON THE CERTIFICATE HOLDEM TTII$ CERTIFICATE DOES NOT AFFIpNIATTVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCtES BELOW, 711E CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AU-MIORILED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDEA. ~^IMPORTANT: If two ce(9fffcal a holder is on ADDITIONAL INSURED, the palls y(ies) must. be endorsed. It SUBROGA110H IS WAIVED, -Subject Ia Ih tarm2a and conditions of the policy, certain policies may require on endorsement A statement an this Derfficate does not confeT rlphlS to the cerfiiicate hcider In lieu of such cndoryernerlt(s►.�^_^�� ORaoviceR Nark W Moron s: moWMoron _ ,...y.._. _. Sta;e Ferro Insurar,� PHONE PO Sox 315 M61markrnartoTl°ev5a0matefarm.com IN£ORLR(G)AFFORDINGC A RAGS 1 NAIC;y___ Muleshoe, Texas 79347 i WUAP.AA:Sistefarmr,. itualAutomobileInallancaOwly —2F1'T$..._-I uasuF' Q Randy E• Polly Venn, dba V-Tech Environmental e:. ��,w . +'•------- serACe5 INSURERG: 1 GO E,; 25th St. Littlefield, "texas 7A339 660?---- IN411k6R ' W� it e THIS IS TO cm—uFY THE+,T •THF PC.LIL'iES OF INSURANCE LISTED BELAW HAVE BEEN ISSUED TO THC IN UReo mME-D ABOVE FOR THE POLICY PFR10i, INOIGATED. N0TV'/f(NSTAHDIN,3 AJ-IY REQU)R£MENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VIATH RESPECT TO wKnCl1 -H1: j C�+�ERTIMCATF• VWS M 15aLIED OR WAY PERTAIN, THE INSURANCE AFFORDED BY TNiE POLICIES DESCRIBEd HEREIN I5 SUBJMT TO ALL 'T S0. Yr-pli S EXCLUSIONS AND CONDITIONS Of° SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM, - POLICY EFF TYPSCFtf}7RNGc L RMIUMw LIMITS OEKERALLIA8ILITYF I ACH QC'JRRAN0F TAanbr'RCIAL(18NEF•V-L1-ell-ITY i I PAMISES� ff enw S` i � cla.lrn;.rtAlJs C L`U� I ! Mi~JcXP(Arryoneper:m) -------- f:--.--._-- .._J I �a soNALaaovaya)WY _ x_..-'-- .—._......._ rGENERALAGGRFGATE J ---- GEN'! AGGREGATE LIMIT A, PLIES PER-- PROGUCTS • OOMPJOPAGG S Pno- POLACY r! Loc i L AUTOMOBILE - UAASIUTY ANVAU10 __ Y iI�! Y I-----i 1 176-1759-E21-43C•0U1 Ea a°ec ME 14/2112011 s W2112012 60�+-YINJURY(Psrpers®1j I q i:0a0,C0C�_ -- - . ALL0'fRI=] j{:frIrGULCD Xi( BOrJk.Y1H.JIJR'/(P6reodnOro A'JTOE ALT'GS : ...�••.•�•..••_—..— 2 1,000,f,DC --.+n- Hi'�' ^cJ ^•,+;'�t_Y• AUTOS i-- ! PROPERTY 0.4lIAsE PROP RTYI) y i S .tl00.nL E � 0831446-841-�13A-001 0211112011 02MI2a'ra ------ - .� OMSR6LL4 LIA8 i OCCUR iL j EACH OCCURRENCE �~ S a accFes uAa3 4lhl�;o•r��CJF. I S j aGGRpGArE _ _ a G T•T •rr aN s •-- � 9------. _ __ WORKERS CGId?E,Y.S0.irAl7� i WC STATU• GTH- ANPEUPLaYUSLABILM IN -:,- - --------••-------'---- AWPRCP9FTORlARTNEFIcxECUTl4'E lLY rY,iSM.7 'OFT!CB'dEOEfR IR EG.LL.—E-k-C—H —ai:NT. S p$fia$t-aiazwftp{FP-0aWorylnHHl ' k yls, Cescrihc rnGc. - ML0SEASr,-110ICY OMIT S ❑EfiGRIP'ni1tl Of OPTiF/ili0rre J i9C1+T1711g11"EftlCLE6 (attach ACORD 101, Addrtlonei Na rkm 6dr�d4k.Ir Rl 3pacc isranlmdl w. NroJcd: L r,boGi Oownlovm ?:>dc+:cl40rc:ert P:olL+ct (ITS 412-10280•.hlk) Utility C"oatractor�s of Avnericm, Ltd. Attn, Ty Lane 972 Hoar 62 WUlffairth, Texan ACCIRD 25 (20.30105) ANGELLATIOU SHOULD ANY O;� 'THE ABOVE O4WRIBEp POLICIES 136 GAiIC,ELLFI� RF,FrjF x THE E7WIRATION PATIE THEM40F, NOTICE WILL BE DELNERIED R3 ACCORDANCE WITH THE POLICY PROVISIONS. i aRME13R£PRFMPJ-ATIYiti Ir"441, Zllv 01983-2010 ACORO CORPORKrION. All r:ghls r, sarV4�' The ACORD name and Icgo are registered martc5 of ACORD 1001486 132849.6 1 f • 15-2c :.r 12/09/2011 11:07 8067485012 V TECH ENV PAGE 03 `' '! � CERTIt=tCATE OF LIABILITY INSURANCE DATE(fNAM-"yY) 12/09/2011 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 holdor Is an ADDITIONAL INSURED, the pollcy(les) must ba endorsed, If SUBROGATION IS WAIVED, Subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the cert1flcate holder in Uou of such endorsement B . PRODUCER Bent Tree Ins Agency, Inc PO Box 118394 Carrollton i X 75011 CONTACT Sam Lamoreaux PNONB (972) 466.0084 FAX (000 000 0000 n EM ) AQ45ASR. btiasam(Mverizon,nst PRODUCER VTE IA F .USIOJAER INSIAFFORO1I**CMKAQfi NAIC A INSURED Environmental Servic sugEB A .American Safety Casualty 39969 1:9.e; Texas Mutual Ins. Co. -„ 2045 Service s JN&92 c : _ 1510 Buddy Holly 099A —. Lubbock '",4 79401.0000 CnVCRAQIcQ CCOTICIr: ATF NI IMOCO• OLYrICInLf )MIRAOCO• 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. INBR TYPE of INauRANCB AODL SUBR II POLICY RFF ENV015789-11.05 2/17/2011 HOLICY BXPAIIIIIIXIAMMI 2/11/2112 L1MRa .__. A GENERAL LIABILITY C OCCURRENCE 2,000,000 X COMMERCIALGENER LIABILITY claims made 1 PAMAGeT(EpE�o Wwcn) 50,000 5,000 CLAIM&WDE E OCCUR D ExP one ao a OV I URY S 2,000.000 X Professlonal Uab' l__ I I X pollution Llab GFJJERALAGGRE 2,000,000 GDnAGGREGA DMITAP IEsPER- ODDS-COMppp f 2,000,000 I X I AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTO; HAP.0AUTOS I CONIO NEO 9MLE LIMIT BODILYWJURYIPorper.+on) -- ------ - S I - BODILY INJURY (Per Kdrlknp ��P gNAAGE _-.. S NON-OWNa° AUTOS UMBRELLA UAe I OCCUR r ExcEes LIAR _JCLAtM,S.M\DE; EACH f C AGGREGATE DEDUCTIBLE 9 WORKAND Ae[L-9P00010B2788.2011 ANP fdGIPLOYERB' LIABILITY EMPLOYERS' ANY PROPRIETORIPARTNERIEXEGUTNE N I NIAJ' OFFICE9R411AEMBER EXCLUDED? (MRn441ay in NH) I If e.d6KMsllnn-r I_ r 10/24/2011 10/24/2012 gTATL" ° X wYLH- f EL EACH ACCIDENT 1,000,000 OISE ASE - EA EMPLOYEE 1,01)0`000_ ! _ 1.001,000 I DESCRIPTION OF OPERATIONS I (,GCATIONA I VEHICLES (AHAch ACORP 101, AddIHOMI Romnrke Soh.dulA, If mom apAes I. Aqulnd) Policy forme #CG20100704, CG20370707 & CQ202n10g3, ENV980361104 & WC4204D30100 are attached. (;ANGELLATION Al UU143U SHOULD ANY OF THE ABOVE DESCRIBED FOLIC(EiS BE CANCELLED BEFORE City of Lubboa (12-10260-MA) THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bftn: Purchasing Dept ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 2000, Roan 204 - Lubbock TX79457- AUTHORIZED REnRESENTATNB ; _._ ...... I I — (O 1988.2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD r 12/09/2011 11:07 8067485012 V TECH ENV PAGE 04 POLICY NUMBER: ENVO15789-11-05 COMMERCIAL. GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Parson(s) Or Organizations : Locations Of Covered Operations -- Any person or organization with whore the Named Insured Where specified by written contract. enters into a written contract that requires them to be named as an Additional Insured and the contract is executed prior to the start of the project. Information required to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section li — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury", "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; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily Injury" or "property damage" occurring after; 1. All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. CG 20 10 07 04 7 ISO Properties, Inc_, 2004 Page 1 of 1 13 12/09/2011 11:07 8067485012 V TECH ENV PAGE 05 POLICY NUMBER. ENVO15789-11-05 COMMERCIAL GENERAL LIABILITY CG 20 3T 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) I Or Orcanlzatlon(s): I Location And Description Of Completed Operations Any person or organization with whom the Named Where specified by written contract. Insured enters into a written contract that requires them to be named as an Additional Insured for Completed Operations Coverage and the contract is executed prior to the start of the project. (_Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional Insured and included in the "products -completed operations hazard". CG 20 37 07 04 O ISO Properties, Inc., 2004 Page i of i 12/09/2011 11:07 8067485012 V TECH ENV PAGE 06 POLICY NUMBER: ENVO15789-11-05 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization with whom the Named Insured enters into a written contract that requires that the Named Insured waive their right of recovery against the person or organization and the contract Is executed prior to the start of the project. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 .12/09/2011 11:07 8067485012 V TECH ENV PAGE 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENV 98 0361104 PRIMARY NON CONTRIBUTORY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. In consideration of the payment of premiums, it is hereby agreed as follows. Solely with respect to the specified project listed below and subject to all terms, conditions and exclusions of the policy, this insurance shall be considered primary to the Additional Insured listed below If other valid and collectible insurance is available to the Additional Insured for a loss we cover for the Additional Insured under COVERAGE A. It is also agreed that any other insurance maintained by the additional insured shall be non-contributory. Any person, organization or project with whom the named insured executes a written contract prior to the Where required by written contract, start of a project and which Is shown on a certificate of insurance issued by our authorized representative. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. ENV 98 036 11 04 CopyrightO 2004 American Safety Casualty Insurance Company Page 1 of 1 www amsafety_com 12/09/2011 11:07 8067485012 %1 TECH EN%/ PAGE 08 W Insurance WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments front anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described In the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. premium The premtllm charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organizations) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which it is attached effective on the inc4plion date of the polloy uniesa a different date Is indicated below. (The following "attaching clause" neW b,� completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at f 2:01 A.M standard time, forms a part of Policy No, SSP-0001082788 20 10 1024 ofthoTexas Mutual Insurance Compeny Issued to POLLY VANN 08A: V—TECH ENVIRONMENTAL SERVICES Endorsement No. Premium $ —01 Authorized Representative WC420304A IED, 1-01-2cao) INSURED'$ COPY DSHAGGER 11-01-2010 12/ 09/ 2011 11: 07 8067485012 V TECH EtqV PAGE 09 A.c<>Rt " CERTIFICATE OF LIABILITY INSURANCE ° 1210 120°1 IJAfyyT"' THIS OERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER$ 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 certificata holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed- If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such andorsoment s . -- CONTACT Cam LemoreaLnc P0.0Dt1CPR Bent Tree Ins Agency, Inc PHONE (972) 46MO84 PAx ,(000) 000-0000 PO Box 118394 btlasam(Zlvertzon.net Carrollton ''<. 75( I PfiOPUC6R._ . VTE _ iNsuReo �._.-.._..._._......_.._.. *Ixom, V-Tech EnvironmentalServices 1510 Buddy Holly Lubbock 1X 79401-0000 OVERAGES CERTIFICATE NUMBER: Ht:VMIUN NUMMIt: THIS IS TO CERTIFY THAT THE POLICIES OF INSURP.NCE LISTED BELOW HAVE SEEN 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 EIREN REDUCED BY PAID CLAIMS. A aFNERAL LIABILITY X COMMrRC1AL OPNERAL LMILITY CLAIMS4AADE FX OCCUR X Professional Liab' _ X Pollution Lish SEND AGGREqA�, LIMIT APPLIES PER; AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHFDULEDAUTOS HIRM AUT08 NON•OWNED AUTOS UMBRELLA QAB OCCUR EXCESS UAe CLA MS DECUOTiBLE B WORKERSCOMPEHSATION AND ENPLOYERV LIABILITY y�N ANY PROPRIETORIPARYWR/EXECUTIVE N I A OFFICERMEMBER EXUVOED7 u (Mandatory In NHI If Y9a, Lambe wider 15789.11.05 W 111011 �2/17/2012 s made 082788.2011 11 110/2412012 DESC)aPTION OF OPERATION& I LOCATION& IVEHIGLYS (Ael9B ACORD 101, AddLOMu11 Rgmark.9ap.du 4, if may. .p.n.I• np,dradl Policy forms #CG20100704, CG20370707 & 0020241093. ENVB80361104 & WC4204030100 are etteched. 6 COMBINFOFiMGLELMgIT (Ee.cckf"tj = BODILY INJURY (Par panoN S BODILY INJURY IPw ncW61 S PP OPI;RTY DAMAGE T 3 50,000 2,000.000 2,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE UdlltyContractors ofAmerlca (12.10280-10AI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ath1: Ty bane ACCORDANCE WITH THE POLICY PROVISIONS, 927 Highway 62 VVOlfforth TX 79382- AUTHORIZED NEPRESENTATTVE; i I � (D 1988-2009 ACORD CORPORATION. All rights reeerved. ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD 12/09/2011 11:07 8067485012 V TECH ENV PAGE 10 POLICY NUMBER: ENV015789-11-05 COMMERCIAL_ GENERAL LIABILITY CO 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ Izatlons : Locations Of Covered Operations Any person or organization with whore the Named Insured Where specified by written contract. enters into a written contract that requires them to be named as an Additional Insured and the contract is executed prior to the start of the project Information Le uired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section I) — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property darnage" 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; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after; 1. All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 C) ISO Properties, Inc., 2004 Page 1 of 1 13 12/09/2011 11:07 8067485012 V TECH ENV PAGE 11 POLICY NUMBER: ENV015789-11-05 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE MEAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Or anlzation s : Location And Description Of Completed Operations Any person or organization with whom the Named Where specified by written contract. Insured enters into a written contract that requires them to be named as an Additional Insured for Completed Operations Coverage and the contract is executed prior to the start of the project. Information required to com lete this Schedule if not shown above will be shown In the Declarations. Section II —Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included In the "products -completed operations hazard". CG 20 37 07 04 (D 130 Properties, Inc., 2004 Page 1 of 1 12/09/2011 11:07 8067485012 V TECH ENV PAGE 12 POLICY NUMBER: ENV01 5789-11 -05. COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organizations Any person or organization with wham the Named Insured enters into a written contract that requires that the Named Insured waive their right of recovery against the person or organization and the contract Is executed prior to the start of the project. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS) Is amended by the addition of the following: We waive any right of recovery we may have against the person or organizatlon shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown In the Schedule above. CQ 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ 12/09/2011 11:07 8067485012 V TECH ENV PAGE 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENV 98 036 11 04 PRIMARY NON CONTRIBUTORY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION Ill - LIMITS OF INSURANCE. In consideration of the payment of premiums, It Is hereby agreed as follows. Solely with respect to the specified project listed below and subject to all terms, conditions and exclusions of the policy, this insurance shall be considered primary to the Additional Insured listed below If other valid and collectible Insurance is available to the Additional Insured for a loss we cover for the Additional Insured under COVERAGE A. It Is also agreed that any other insurance maintained by the additional insured shall be non-contributory. Any person, organization or project with whom the named insured executes a written contract prior to the Where required by written contract. start of a project and which is shown on a certificate of insurance issued by our authorized representative. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. ENV 98 036 1104 Copyright@ 2004 American Safety Casualty Insurance Company Page 1 of 1 www,amsafety.com .12/09/2011 11:07 8067485012 V TECH ENV PAGE 14 'il WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the information Page. We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily Injury arising out of the operations described In the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shalt not operate directly or Indirectly to benefit anyone not named In the Schedule. The premium for this endorsement Is shown in the Schedule. Schedule Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2, Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 , Ot] percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which It is attached effective an the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be camoleted only when this endorsement It, issued eubsequenl to preparation of the policy,) This endorsement, effective on at 12:01 A.M, stendard time, forms a part of Policy No. SOP-0001082788 20101024 of the Texas Mutual Insurance Company ISSUOd10 POLLY VANN DEA: V—TECH ENVIRONMENTAL SERVICES Indorsement No, Premium $ Authorized Representative WC420304A (ED. 1-01-2000) INSURED'S COPY OSHAGGER 11-01-2010 CERTIFICATE OF INSURANCE ' TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: i THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDERS RISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella 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 Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SILALL INCLUDE PRODUCTS AiI'D COMPLETE OPERATIONS. 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 I (J 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 t 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. k I 1 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 (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. No Text I AGREEMENT PAGE INTENTIONALLY LEFT BLANK AGREEMENT No. 10280 STATE OF TEXAS COUNTY OF LUBBOCK EDA AWARD NUMBER 08-01-045531 THIS AGREEMENT, made and entered into this 16th day of November , 2011, 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, an Utility Contractors of American of the City of Wolfforth , County of Lubbock and the State of Texas doing business as (an individual,) or (a partnership.) or (a corporation) hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed b the OWNER and under the conditions expressed in the bond bearing even date herewith if an the p Y p g ( Y) CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 12-10280-MA — "LUBBOCK DOWNTOWN REDEVELOPMENT" 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. Utility Contractors of American's bid dated November 7.2011 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence the work required by the CONTRACT DOCUMENTS within 300 (Three Hundred) CALENDAR DAYS calendar days after the NOTICE TO PROCEED and will complete the same within 300 (Three Hundred) CALENDAR DAYS calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. ` The CONTRACTOR agrees to perform all the work described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of Two Million Seventy -Four Thousand Five Hundred Eight Dollars ($2,074,508) or as shown in the BID submitted. The term "CONTRACT DOUCMENTS' means and includes the following: (a) Advertisement for BIDS (b) Information for BIDDERRS (c) Bid (d) BID BOND (e) Agreement (f) General Conditions (g) EDA Contract Provisions for Construction Projects (h) Payment BOND (i) Performance BOND (j) NOTICE OF AWARD (k) NOTICE TO PROCEED (1) CHANGE ORDER (m) DRAWINGS prepared by Parkhill, Smith & Cooper, Inc. SGS Engineering, LLC of Lubbock, TX numbered 1 through 28, (n) and dated October 11, 2011 (o) SPECIFICATIONS prepared or issued by Parkhill, Smith & Cooper, Inc. SGS Engineering, LLC of Lubbock, TX, October 5, 2011 (p) ADDENDA: No.1 , dated October 27 , 2011 No.2 , dated October 28, , 2011 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: r U . ✓t e-1+ ,4 By: PRINT D,��� TITLE:� COMPLETE ADDRESS: _ Company Qla-/,*,, 1 t Address City, State, Zip 4.zZ JZY�Zol& r02 ATTEST: Corporate Seatetary ¢r, CITY OF LUBBOCK, TEXAS (OWNER): By:ili*"!; - - MA ATTEST: City S,► etary APPROVED A TO ONTENT: Owner's Represent tive Marsha Reed, Chief Operations Office APP D AS TO FORM: City Attorney ADVERTISEMENT FOR BIDS City of Lubbock Owner P.O. Box 2000, Lubbock, Texas 79457 Address 1 1625 13th Stree, Lubbock, Texas 79401 Address 2 Separate sealed BIDS for the construction of 12-10280-MA-Lubbock Downtown Redevelopment will be received by Marta Alvarez, Director Purchasing & Contract Management at the office of Department of Purchasing & Contract Management until 2:00 P.M. (Standard Time) on October 31 st 20 11 and then at said office publicly opened and read aloud. The CONTRACT DOCUMENTS may be examined at the following locations: City Hall, Purchasing & Contract Management Department, 1625 13th Street, Room 204 Bidsync: www.bidsync.com The Reproduction Company: www.thereproductioncompany.com. Copies of the CONTRACT DOCUMENTS may be obtained at the office of The Reproduction Company, located at 2102 Avenue Q, Lubbock, Texas 79405 for each set. upon payment of $ 100.00 Any BIDDER, upon returning the CONTRACT DOCUMENTS promptly and in good condition, will be refunded his/her payment, and any non -bidder upon so returning the CONTRACT DOCUMENTS will be refunded $ 100.00 10/9/2011 Date ADVERTISEMENT FOR BIDS City of Lubbock Owner P.O. Box 2000, Lubbock, Texas 79457 Address 1 1625 13th Stree, Lubbock, Texas 79401 Address 2 Separate sealed BIDS for the construction of 12-10280-MA-Lubbock Downtown Redevelopment will be received by Marta Alvarez, Director Purchasing & Contract Management at the office of Department of Purchasing & Contract Management until 2:00 P.M. (Standard Time) on October 31 st 20 1 l and then at said office publicly opened and read aloud. The CONTRACT DOCUMENTS may be examined at the following locations: City Hall, Purchasing & Contract Management Department, 1625 13th Street, Room 204 Bidsync: www.bidsync.com The Reproduction Company: www.thereproductioncompany.com. Copies of the CONTRACT DOCUMENTS may be obtained at the office of The Reproduction Company, located at 2102 Avenue Q, Lubbock, Texas 79405 upon navment of $ 100.00 for each set. Any BIDDER, upon returning the CONTRACT DOCUMENTS promptly and in good condition, will be refunded his/her payment, and any non -bidder upon so returning the CONTRACT DOCUMENTS will be refunded $ 100.00 10/16/2011 Date INFORMATION FOR BIDDERS BIDS will be received by: Cit +y of Lubbock (herein called the "OWNER"), at Ci1y Hall Purchasing& Contract Management Office, Room 204 1625 1P Street. Lubbock, TX 79401. until, 2:00 PM on, October 31, 2011, ' and then at said office publicly opened and read aloud. Each BID must be submitted in a sealed envelope, addressed to: Marta Alvarez. Director of Purchasing & Contract Management at, City of Lubbock. 1625 130' Street Lubbock, Texas. Each sealed envelope containing a BID must be plainly marked on the outside as BID for ITB 12-10208-MA — Lubbock Downtown Redevelopment, and the envelope should bear on the outside the name of the BIDDER, his address, his license number if applicable and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at Cily of Lubbock. All BIDS must be made on the required BID form. All blank spaces for BID prices must by filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement tt thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended my mutual agreement between the OWNER and the BIDDER - BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID Schedule by examination of the site ! and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert ( that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done. The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights -of -way acquired or to be acquired. The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract. Each BID must be accompanied by a BID bond payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND. A performance BOND and a payment BOND, each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract. Attorneys -in -fact who sign BID BONDS or payment BONDS and performance BONDS must file with each BOND a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance BOND and payment BOND within ten (10) calendar days from the date when the NOTICE OF AWARD is delivered to the BIDDER The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDER to execute the Agreement, the OWNER may at his option consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the OWNER. 1 The OWNER within ten (10) days of receipt of acceptable performance BOND, payment BOND, and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. . l The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should _J there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and the CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and f data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein. A conditional or qualified BID will not be accepted. Award will be made to the lowest responsible BIDDER. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any E-- obligation in respect to his BID. ti Further, the BIDDER agrees to abide by the requirements under Executive Order No.11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the SUPPLEMENTAL GENERAL CONDITIONS. The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER. BID Proposal of J:t; r Zr,J co ✓ tC —C1Q 7n(-S UT Avyie i C. �V QAereinafter called "BIDDER"), organized and existing under the laws of the State of T kQO s doing business as Tothe (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of 12-10280-MA — Lubbock Downtown Redevelopment - in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 300 (Three Hundred) consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $1040 (One Thousand Forty dollars) for each consecutive calendar day thereafter as provided in BID SUMITAL FORM. *Insert "a corporation", "a partnership", or "an individual' as applicable. BID SUBMITTAL FORM UNIT PRICE BID CONTRACT 12-10280-MA Lubbock Downtown Redevelopment f r 2ND REVISED L BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices. Note: BIDS Shall Include sales tax and aU other applicable taxes & fees. Item Name of Pay Item with Unit Price in Words Est. Unit Unit Bid Price _9wromw C i Mobilization, complete in place, for the sum of One Ntandred A)i nAiriye AouAja 1 LS Dollars and Cents per unit $ NAM Traffic Control, complete in place, for the sum of I I MO 06 f ' rw n 71,v!)t ts`L ►) C4 Dollars and Cents per unit $ 000 - l Storm Water Control, complete in place for the sum of lop— 7-10 LA GY_l d i'ii rje e 14u dre c� �. 6 MO 00 3 Dollars and Cents per unit $ r f✓� ' n� Remove Trees, complete in place, for the m of 21 EA nn //��00 3D Dollars and A-)Centsper unit s d Remove Concrete Driveways, and Alleys, complete in place, for the 0jurn of 1,445 SY pp (` C Dollars and Cents per unit $ 3 Remove Sidewalk, complete in place, for the sum of 3,822 SY T � � _1/l T �j Dollars and no-0 /U Ai Cents per unit $ C Remove Asphalt or Brick Pavement, complete in place, for the um of 1,350 SY vo t � � Dollars and Cents per unit Trench Excavation, complete in place, for the sum of i 5,000 CY 00 Dollars and Cents per unit $ of 4 Trench Protection, complete in place, for the sum of 4 5,540 LF Dollars and Cents per unit s O. J Trench Bedding, complete in place, for the sum of r' Dollars and 800 CY 00� --� NCents per unit $ i Amount Bid 00 00 00 oa 7& y00 yL� q7,'Q5L).o iaeo5, c= — Jt�4 v 3tODc�° a Bidders lnitinals *Note: Contractor shall bid Unit Cost of Bid Items with zero estimated quanity for possible future application. l , BID SUBMITTAL FORM 12.102"A UNIT PRICE BID CONTRACT LubbockDowntown Redevelopment Bidders Initinals ( 'Note: Contractor shall bid Unit Cost of Bid Items with zero estimated quanity for possible future appli ion. BID SUBMITTAL FORM UNIT PRICE BID CONTRACT 12-1020-MA Lubbock Downtown Redevelopment dders Initinals *Note: Contractor shall bid Unit Cost of Bid Items with zero estimated quanity for possible future application. item No. M I l �cs l_REM r Z BID SUBMITTAL FORM 12-102w-MA UNIT PRICE BID CONTRACT Lubbock Downtown Redevelopmenl 2ND REVISED Name of Pay Item with Unit Price in Words ESL uanti Unit Unit Bid Price Amount Bid ch Profile #8, 12 x 4" and 1 x 2" Conduits and 2" Atmos completq to place, for the sum of 'f`' Dollars and 62 LF _; Cents per unit $ $ ch Profile #8a,12 x 4" and 1 x 2" Conduits and 2" Atmos com lete in place for the sum of "Tt.,/ 1 tO CQ.. Dollars and 100 LF p 0 0 0 ( A Q Cents per unit $ $ ch Profile #9, 14 x 4" and I x 2" Conduits, and 2" Atmos coonplete in place, for the sum of 200 LF io V- -eDollars and G 16� 7, Cents per unit S NOW an ch Profile #10, 11 x 4" and I x 2" Conduits, and 2" Atmos , complete in place, for the sum of Dollars and Cents 500 LF $ per unit ch Profile #10a, I 1 x 4" and 1 x 2" Conduits, and 2" Atmos compete in place, for the sum of i "[Z �l 225 LF CD _ C. /1 ��O Dollars and Cents $ �J ' 1D per unit ch Profile # 11, 9 x 4" Conduits, and 2" Atmos , complete in place, for the'sw of 12 Dollars and 50 LF Cep 75 —),-50d— Cents per unit $ $ on ch Profile #12, 11 x 4" Conduits, and 2" Atmos, complete in place, frro�g the sum of �_LJ►'1-� Dollars 350 LF Op and Cents $ S 3 w per unit ch Profile #13, 5 x 4" and 3 x 2" Co duns, and 2" Atmos Co , complete in place, f the sum Atn aC-erA ttc� F� e.pollars and 10 LF Q� 49 & Cents $ �1 $ / G FjC1) per unit %_of ch Profile #14, 2 x 6" and 14 x 4" Conduits, and 4" Atmos comp) to in plac , for th sum of Q „`_ U� �� JDollars and 55 LF Cents per unitcam S A �O $ -, om ch Profile #15, 2 x 6" and 12 x 4" Conduits, and 4" Atmos complete in place, fo&the sum of ��� S r Dollars and " 30o LF �(/,,OD �Q n h Cents per unit $ Uv $! )1�---Bidders Initinals "Note: Contractor shall bid Unit Cost of Bid Items with zero estimated quanity for possible future application- BID SUBMITTAL FORM ts-IOUO.MA UNIT PRICE BID CONTRACT Lubbock Downtown Redevelopment r, TOTAL AMOUNT BID - BASE BID -- % rn , W V n *,euen-T�{ FC-ur 7-tn ou gQY1 d (Total Amount Bid, Numerical Value) ly2. H unck C�tl ?- i S6-T Dollars (Total Amount C, License Number (if applicable) SEAL -- IF BID IS A CORPORATION Attest: i_ )rv� Bidders Initinals ff*Note: Contractor shall bid Unit Cost of Bid Items with zero estimated quanity for possible future applica on. 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 300 (Three Hundred) 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 $1040 (ONE THOUSAND FORTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SIXTY (60) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City .of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bid er's nitials d t.'f.- I Enclosed with this bid is a Cashier's Check or Certified Check for Dollars (S ) or a Bid Bond in the sum of Dollars ($ ), 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: M/WBE Firm: I !//L..:a Date:, A) /1 /� or Typed Name) 07;1: LaIrae101-5c,R Am er; Pn- Company 907 114-0yIQa Address WOLVVOr'Ti-\ Ih .�k-- City, County 7X , 7CV379 State Zip Code Telephone: ',: tM - �s c�D Fax: � - _ S�t�10 - - 53[p FEDERAL TAX ID or SOCIAL SECURITY 75-aa����93.. EMAIL: prcnje_ L rTexQs.edr,r, 1 I I Woman I I Black American 1 I Native American I 7 Liberty Mutual, Bid Bond Document A310TM - 2010 Conforms with The American Institute of Architects AIA Document 310 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) UTILITY CONTRACTORS OF AMERICA, Liberty Mutual Insurance Company INC. 175 Berkeley Street 927 HWY 62182 Boston, MA 02116 WOLFFORTH, TEXAS 79382-9778 OWNER: (Name, legal status and address) CITY OF LUBBOCK 1625 13th STREET, ROOM 204 LUBBOCK, TEXAS 79401 Mailing Address for Notices Liberty Mutual Insurance Company Attention: Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. BOND AMOUNT: $ FIVE PERCENT OF THE GREATEST AMOUNT BID --_r---- —____________�_� PROJECfi (Name, location or address, and Project number, if any) LUBBOCK DOWNTOWN REDEVELOPMENT 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 Bond, 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 specified 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 furnished 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 so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 31 st day of OCTOBER 2011 i k'a' /?" (Witnes MARLA RILL l 275558r THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the sots of those -,named herein,_ and they have- no authority to bind the Company except In the manner and to the extent herein stated: LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY ' KNOW ALL PERSONS BY THESE. PRESENTS. That Liberty MutualInsurance Company (the "Company'), a Massachusetts stock insurance company, pursuant to and by authority of. the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint HOWARD COWAN, MARLA HILL, A4kQF THE,CtT.Y-0F`LUBBOCK, STATE OF TO— XAS;:. ............................ ................... :::::•::::..... ,........• .••.... ,i Ji l.u•••.u•o.ai•►tii• Ia ��!Ni.►Yd.•A:. iX r • t.baiglri.•.•••1aw•i*.7a••ilr�ril.aa:rt�.•....•.....•.••w.••.•...•••••......• - .......... ........ t•................... •........,:�f•�•�.••••••Ii•i•:i:i•............ I:•�iii!::•. .................... i•f••••�•••..••..•e......•.......•....• each individually if there be morb #ian onafiamed, Its trite find lawful attorr►eX-ln fsct�*,,m,hke, egoWte, seal, ackgedge and deliver, for and on its behalf -as sure and as Its act and:daed an . d all and ings, bands, recbgnizancsaLand odibe,, rettobligatlons.(rrthe penal sum not exceeding ONE HUNDRED MILLION.ANQ•00/{OC'7* -111 - "' : '::.:DOLhAA� ($ 1 000.000.00'" !>..: >t each, and the execution of: such undertakings, tipnds►. rociigntiances''arlcf:.other surety gtillgatfons, Tmpursuance :tii these preserits,.:'ahaU be as binding upon the r Company as if they had been duly signed f�yr.gie presklentapd'gttested by tfi secretary:gttlre Company;in their owr! prgper persons. I That this power is made and executed pursuant to and by an>tlpritof iDeIloyvin9 By -la grid Authot]zotlori,• .: :.-' ARTICLE XI11.- Execution of Contracts: Section 5. Surety Bbiide and Undertakings. Any officer of the Company authorized for that purrppoose in writing by the chalmtan or the president, and subject to such Ilmitatlons as the rchairman.or the presldent.may prescribe; shall appoint such attomeys-in fact as may be necessary to act in behalf of the Company to make, t execute, .seal; acknowledge ar d delhrer as surety any and all undeftafdngs, bonds, repognliances and other Surety obligations_ 'Such attomeys4ri-fact, subject to the limitations set forth In their respective powers, of attorn Yt shall have full power to bind the Company by their signature and execution. of any such Instruments end to attach thereto the seal of the Company. When so executed such Instruments shall be CL as binding as if signed by the president and attested by the secretary. : W By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-In-fact Pursuant to Article XIII, Section .5-of the By taws, (3amet W. ElUott, Assistant Secretary of Utterly Mutual insurance Company. is hereby authorized to appoint 'such attomeys•in-fact as may be necessary to act in behalf of the Company to make, execute, seat, acknowledge and [ deliver as surety any and aN undertakings, bonds, recognizances and other surety obligations, v That the By-law and the Authorization set forth above are true copies thereof and are now In full force and effect IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official'of the Company and the corporate seal of Liberty MButual Insurance Company has been affixed thereto In Plymouth Meeting, Pennsylvania this i st _ day of February , LIBERTY MUTUAL INSURANCE COMPANY V T� S Y - r Garnet W: Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA as [ ; COUNTY OF MONTGOMERY . L� On thr$ 1st day of Februar j , 2Q1(f , before me, a Notary Public, personally came Garnet W. EIIiA to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance. Company; that he knows the seal.of.said oorpdratlon; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty. Mutual Insurance Company thereto with the' authority and at the direction of said corpomtkut. IN TESTIMONY WH P unto.$uforibed my name:and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year Zt C first above written. Q.,ciNYV comma `iw all arxnisvi Ntl� L sod'a h� a o Myc«r akn r.s►a.di�s M13 Ter .°P'. asteUs, Notary lid CERTiFICATE 1, the undersigned, Asslstan ati(r'y'iif:l iLierty Mutual lrjs�idrtoe Company; Tip hereh" irtify Thai _t4ig original power of attorney of which the foregoing Is a full, true and correct copy, Is (it fug ici a and, effect on 1f1B datkot: this' ceitiflcate; arrt#;I:.do further EejUtY th lhtt!,-officer or official who executed the said power of attorney Is an Asslstarft.Secretary specially aufhorized byf the chairman dr;f tie president fq;apppiftt attome'ys4n-fact as provided In Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company This certificate and, the. above power -of attorney maybe signed by facsimile or mechanically reproduced signatures under and by authority of the ( following vote of the board of directaors of Liberty Mutual Insurance Company at a meeting duly called and held -on the 12th day of March, 1980. t VOTED that the facsimile or mechanically reproduced, signature of any. assistant .secretary of. the company, wherever appearing upon a certified copy of any power, of attorney issued by the company in connection with- surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed.. - IN TESTIMONY WHEREOF, I ha hereunto subscribed my nameandaffixed the corporate seal of the said company, this 31 ST day of OCTOBER 20� By w Davl M-Carey, Secretary No Text Listing of Certified Compaq - `urety Bonds: Programs and Systems: ncial`Manage... Page 1 of 25 Home FAW9 TraiNng & Events Publications Pronrams About FMS A-Z Index -9 Advanced Search I MEM I Subscribe I Contact FMS Navigation HeID Surety Bonds Overview: Surety Bonds Updated October 13, 2011 Sureties Listing Admitted Reinsurers Department of the Treasury's (Not For Federal Bonds) Listing of Certified Companies Getting Started Certifled Companies Forma =`: ► Certified Reinsurer Companies Regulations & Guidance ► Footnotes I► Notes Correauondence ► States Insurance Departments ► Supplemental Chances to Circular 570 Backaround Contacts Download the complete listing of Certified Companies 2](108 kb) Retum to too of oaoa or selecta le ter to Jump to an item. A 9 .0 S 2 F. E Sz H I J K 6 M H Q E 9 S K I U Y W K Y a ACCREDITED SURETY AND CASUALTY COMPANY, INC. (NAIC #26379) BUSINESS ADDRESS: PO Box 140855, Orlando, FL 32814 - 0855. PHONE: (407) 629-2131. UNDERWRITING LIMITATION b/: $1,729,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, Cr, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Florida. ACSTAR INSURANCE COMPANY (NAIC #22950) BUSINESS ADDRESS: P.O. BOX 2350, NEW BRITAIN, CT 06050 - 2350. PHONE: (860) 224- 2000. UNDERWRITING LIMITATION b/: $3,017,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, Vr, VA, WA, WV, WI, WY. INCORPORATED IN: Illinois. t Aegis Security Insurance Company (NAIC #33898) BUSINESS ADDRESS: P.O. Box 3153, Harrisburg, PA 17105. PHONE: (717) 657-9671. UNDERWRITING LIMITATION b/: $4,215,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, Cr, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Pennsylvania. ALL AMERICA INSURANCE COMPANY (NAIC #20222) BUSINESS ADDRESS: P.O. BOX 351, VAN WERT, OH 45891 - 0351. PHONE: (419) 238-1010. UNDERWRITING LIMITATION b/: $9,769,000. SURETY LICENSES c,f/: AZ, CA, Cr, GA, IL, IN, IA, KY, MA, MI, NV, NJ, NY, NC, OH, OK, TN, TX, VA. INCORPORATED IN: Ohio. Allegheny Casualty Company (NAIC #13285) BUSINESS ADDRESS: One Newark Center, 20th Floor, Newark, NJ 07102. PHONE: (800) 333- 4167 x-246. UNDERWRITING LIMITATION b/: $1,764,000. SURETY LICENSES c,f/: AL, AK, AS, AZ, AR, CA, CO, Cr, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, Vr, VA, WA, WV, 11 WI, WY. INCORPORATED IN: Pennsylvania. L_ ALLEGHENY SURETY COMPANY (NAIC #34541) BUSINESS ADDRESS: 4217 Steubenville Pike, Pittsburgh, PA 15205. PHONE: (412) 921-3077. UNDERWRITING LIMITATION b/: $283,000. SURETY LICENSES c,f/: PA. INCORPORATED IN: �J Pennsylvania. l_ http://www.fins.treas.gov/c570/c570—a-z.hhnl 11/8/2011 Listing of Certified Comp urety Bonds: Programs and Systems:= { racial Manage... Page 1 of 1 Return to too of oaue or select a letter to Jump to an item. A B 4 4 E E Q 11 1 4 i5 L l N Q E Q 13 A I 1a Y W X Y Z LEXINGTON NATIONAL INSURANCE CORPORATION (NAIC #37940) BUSINESS ADDRESS: P.O. BOX 6098, LUTHERVILLE, MD 21094. PHONE: (410) 625-0800. UNDERWRITING LIMITATION b/: $1,902,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IN, IA, KS, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NO, OH, OK, PA, RI, SC, SO, TN, TX, UT, VT, VA, WA, WV, WY, INCORPORATED IN: Maryland. Lexon Insurance Company (NAIC #13307) BUSINESS ADDRESS: 10002 Shelbyville Rd, Suite 100, Louisville, KY 40223. PHONE: (502) 253-6500. UNDERWRITING LIMITATION b/: $3,936,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MP, MT, NE, NV, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SC, SO, TN, TX, UT, Vr, VA, WA, WV, WI, WY. INCORPORATED IN: Texas. Liberty Insurance Corporation (NAIC #42404) BUSINESS ADDRESS: 2815 Forbs Avenue, Suite 200, Hoffman Estates, IL 60192. PHONE: (617) 357-9500. UNDERWRITING LIMITATION b/: $27,617,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MP, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SO, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Illinois. Liberty Mutual Fire Insurance Company (NAIC #23035) BUSINESS ADDRESS: 2000 Westwood Drive, Wausau, WI 54401. PHONE: (617) 357-9500. UNDERWRITING LIMITATION b/: $113,733,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, Cr, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SO, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Wisconsin. Liberty Mutual Insurance Company (NAIC #23043) BUSINESS ADDRESS: 175 Berkeley Street, Boston, MA 02116. PHONE: (617) 357-9500. UNDERWRITING LIMITATION b/: $884,904,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID,j IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, NO, OH, OK, OR, PA, PR SC, SO, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Massachusetts. LM Insurance Corporation (NAIC #33600) BUSINESS ADDRESS: 2815 Forbs Avenue, Suite 200, Hoffman Estates, IL 60192. PHONE: (617) 357-9500. UNDERWRITING LIMITATION b/: $14,455,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, Cr, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MP, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SO, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Illinois. Lyndon Property Insurance Company (NAIC #35769) BUSINESS ADDRESS: 14755 North Outer Forty Rd., Suite 400, St. Louis, MO 63017. PHONE: (636) 536-5600. UNDERWRITING LIMITATION b/: $18,533,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NC, NO, OH, OK, OR, PA, RI, SC, SO, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Missouri. http://www.fms.treas.gov/c570/c570—a-z.html 11/8/2011 GENERAL CONDITIONS OF THE AGREEMENT No Text GENERAL CONDITIONS OF THE AGREEMENT 1. 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 r-= Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Utility Contractors of American 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 Neil Welch, P.E. Capital Projects Supervisor, so designated 1 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 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," f , "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. 2 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. j 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 to include pedestrian facilities, 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 I 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. L 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 5 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 �,. f 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY I_ 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. m 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 �1. proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is L 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 keepon the work during its progress, a competent superintendent and an necessary assistants" all satisfactory to � g P g � P P Y �Y rY 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. i 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. f 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any Office, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. 3 s 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 1 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' 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: I 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. 5 25. 26. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should' a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived.. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that [IJ 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. l 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 j C, 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. _1 C 6 1� 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 i, 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 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. 7 i A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation1-= required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000.000.Combined ; Single Limit in the aggregate and per occurrence to include: { Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury WITH HEAVY EQUIPMENT ENDORSEMENT B. Owner's and Contractor's Protective Liability Insurance. 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 $500,000. Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) ;. Worker's Compensation Insurance covering all .employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the 1. Contractor's/person's work on the project has been completed and accepted by the governmental entity.[1,. 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 r' 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 L of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity 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; i (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; �Y (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 Igq. 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. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date bome 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. (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 project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-77I3 or 5I2-804- 4000 (www.tdi.state.tx.us) 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: (iii) include in all contracts to provide services on the project the following language: i "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 1 provide services on the project will be covered b workers'' P P J Y I compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of f-p 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 .d project; and (2) prior to the end of the coverage period, a new certificate of coverage j 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 1 The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material r- 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 (i or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, ji 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 r 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 4 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 1- 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. 1 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES x 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 S 1040 (ONE THOUSAND AND FORTY DOLLARS) FOR EACH CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. . It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part; in accordance with this j 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. r 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 f 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. (t L ..a 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 38. 39 40. 41 42. 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. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 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. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 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. PARTIAL PAYMENTS 15 43 44. 45 On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 16 46. PAYMENT WITHHELD ..n 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. ri 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 an action or claim b Contractor of an right p g� g Y Y Y g under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by r 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 k _ 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. 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 49. 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. 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 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $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 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 Contractors performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS l_. 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 i provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If 19 56. 57. 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. 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. 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. 20 DAVIS BACON WAGE DETERMINATION No Text EXHIBIT A General Decision Number: TX100008 09/16/2011 TX8 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 09/16/2011 SUTX2011-002 08/02/2011 Rates CEMENT MASON/CONCRETE FINISHER (Paving & Structures) ... $ 13.55 ELECTRICIAN ......................$ 20.96 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 12.36 Structures ..................$ 13.51 LABORER Asphalt Raker ...............$ 12.31 Flagger.....................$ 9.30 Laborer, Common .............$ 10.31 Laborer, Utility ............ $ 11.81 Work Zone Barricade Servicer....................$ 10.31 POWER EQUIPMENT OPERATOR: Asphalt Distributer ......... $ 14.89 Asphalt Paving Machine ...... $ 13.52 Broom and Sweeper ........... $ 11.23 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 ........................$ 12.18 Loader/Backhoe..............$ 14.18 Mechanic ....................$ 20.14 Milling Machine .............$ 15.58 Motor Grader, Rough ........ $ 16.15 Motor Grader, Fine .......... $ 17.58 Reclaimer/Pulverizer........ $ 12.85 Roller Operator, Other ...... $ 10.36 Roller, Asphalt .............$ 10.89 Scraper .....................$ 10.61 Spreader Box ................$ 12.27 Fringes Servicer .........................$ 13.89 Steel Worker (Reinforcing) ....... $ 13.50 TRUCK DRIVER Lowboy -Float ................$ 14.44 Single Axle .................$ 12.74 Single or Tandem Axle Dump..$ 11.33 Tandem Axle Tractor with Semi ........................$ 12.50 -------------------------------------------------------- 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 (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 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 No Text 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. Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. PAGE INTENTIONALLY LEFT BLANK �l LOBBYING CERTFICATION AND RESTRCTIONS �I f 5jj i CERTIFICATION REGARDING LOBBYING (This Certification is required pursuant to 31 U.S.C. 1352) - Certification for Contracts, Grants, Loans, and Cooperative Agreements L- The undersigned certifies, to the best of his or her knowledge and belied that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $11,000 and not more than $110,000 for each such failure. Please c ck appropriate box: No nonfederal funds have been used or are planned to be used for lobbying in connection with this application/award/contract. or F-1 Attached is Standard Form LLL, "Disclosure of Lobbying Activities," which describes the use (past or planned) of nonfederal funds for lobbying in connection with this application/award/ contract. QI Executed this ! day of 20 /i i (Title of Executing Official) !,` is o l �- d) (Narde of organization/applicant) �_ �� �- _.__, ,_.�,.. ...--�.. ....._.., _, . _.._...,._. - - � ,_...,. �a :�,._.� �._._.� CONTRACT CLAUSE NEW RESTRICTIONS ON LOBBYING This contract, subcontract, or subgrant is subject to Section 319 of Public Law 101-121, which added section 1352, regarding lobbying restrictions, to Chapter 13 of Title 31 of the United States Code. The new section is explained in the common rule, 15 CFR Part 28 (55 FR 6736-6748, 2/26/90). Each bidder/applicant/recipient of this contract subcontract, or subgrant and subrecipients are generally prohibited from using Federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with this Award. Contract Clause Threshold This Contract Clause regarding lobbying must be included in each application for a subgrant and in each bid for a contract or subcontract exceeding $100,000 of Federal funds at any tier under the Federal Award. Certification and Disclosure Each applicant/recipient of a subgrant and each bidder/applicant/ recipient of a contract or subcontract exceeding $100,000 of Federal funds at any tier under the Federal Award must file a "Certification Regarding Lobbying" and, if applicable, Standard Form LLL, "Disclosure of Lobbying Activities," regarding the use of any nonfederal funds for lobbying. Certifications shall be retained by the next higher tier. All disclosure forms, however, shall be forwarded from tier to tier until received by the Recipient of the Federal Award (grant), who shall forward all disclosure forms to the Federal agency. Continuing Disclosure Requirement Each subgrantee, contractor, or subcontractor that is subject to the Certification and Disclosure provision of this Contract Clause is required to file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person. Disclosure forms shall be forwarded from tier to tier until received by the Recipient of the Federal Award (grant) who shall forward all disclosure forms to the Federal agency. Indian Tribes, Tribal Organizations, or Other Indian Organizations Indian tribes, tribal organizations, or any other Indian organizations, including the Alaskan Native organizations, are excluded from the above lobbying restrictions and reporting requirements, but only with respect to expenditures that are by such tribes or organizations for lobbying activities permitted by other Federal law. An Indian tribe or organization that is seeking an exclusion from Certification and Disclosure requirements must provide (preferably in an attorney's opinion) EDA with the citation of the provision or provisions of Federal law upon which it relies to conduct lobbying activities that would otherwise be subject to the prohibitions in and to the Certification and Disclosure requirements of Section 319 of Public Law No. 101-121. Note, also, that a non -Indian subgrantee, contractor, or subcontractor under an award (grant) to an Indian tribe, for example, is subject to the restrictions and reporting requirements. PAGE INTENTIONALLY LEFT BLANK m NOTICE OF REQUIRMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY PAGE INTENTIONALLY LEFT BLANK NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246 AND 41 CFR PART 60-4) The following Notice shall be included in, and shall be a part of all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority Goals for female partic' r each trade participation for each trade U% 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is: �vew��� `. 1 f - � � � eat&.. °. ..____ ... �.-r.�.✓J � � Mru.�®wWJ � `Owr;m�®Y w-.�,r� •---�-��.r r.r.+.......� 4.....-�-�/ .-+r«�.r �r�+-�r� .. � +wry✓ EDA CONTRACTING PROVISIONS FOR CONSTRUCTION PROJECTS PAGE INTENTIONALLY LEFT BLANK U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION n EDA CONTRACTING PROVISIONS FOR CONSTRUCTION PROJECTS These EDA Contracting Provisions for Construction Projects (EDA Contracting Provisions) are intended for use by recipients receiving federal assistance from the U. S. Department of Commerce - Economic Development Administration (EDA). They contain provisions specific to EDA and other federal provisions not normally found in non-federal contract documents. The requirements contained herein must be incorporated into all construction contracts and subcontracts funded wholly or in part with federal assistance from EDA. Economic Development Administration Contracting Provisions for Construction Projects No Text TABLE OF CONTENTS 1. Definitions 2. Applicability 3. Federally Required Contract Provisions 4. Required Provisions Deemed Inserted 5. Inspection by EDA Representatives 6. Examination and Retention of Contractor's Records 7. Construction Schedule and Periodic Estimates 8. Contractor's Title to Material 9. Inspection and Testing of Materials 10. "OR EQUAL" Clause 11. Patent Fees and Royalties 12. Claims for Extra Costs 13. Contractor's and Subcontractor's Insurance 14. Contract Security Bonds 15. Labor Standards - Davis -Bacon and Related Acts 16. Labor Standards - Contract Work Hours and Safety Standards Act 17. Equal Employment Opportunity 18. Contracting with Small, Minority and Women's Businesses 19. Health, Safety and Accident Prevention 20. Conflict of Interest and Other Prohibited Interests 21. New Restrictions on Lobbying 22. Historical and Archaeological Data Preservation 23. Clean Air and Water 24. Use of Lead -Based Paints on Residential Structures 25. Energy Efficiency 26. Environmental Requirements 27. Debarment, Suspension, Ineligibility and Voluntary Exclusions 28. EDA Project Sign Economic Development Administration Contracting Provisions for Construction Projects No Text 1. DEFINITIONS Agreement — The written instrument that is evidence of the agreement between the Owner and the Contractor overseeing the Work. Architect/Engineer - The person or other entity engaged by the Recipient to perform architectural, engineering, design, and other services related to the work as provided for in the contract. Contract — The entire and integrated written agreement between the Owner and the Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. Contract Documents — Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Contractor — The individual or entity with whom the Owner has entered into the Agreement. Drawings or Plans — That part of the Contract Documents prepared or approved by the Architect/Engineer that graphically shows the scope, extent, and character of the Work to be performed by the Contractor. EDA - The United States of America acting through the Economic Development Administration of the U.S. Department of Commerce or any other person designated to act on its behalf. EDA has agreed to provide financial assistance to the Owner, which includes assistance in financing the Work to be performed under this Contract. Notwithstanding EDA's role, nothing in this Contract shall be construed to create any contractual relationship between the Contractor and EDA. Owner — The individual or entity with whom the Contractor has entered into the Agreement and for whom the Work is to be performed. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. Recipient - An entity receiving Federal financial assistance from EDA, including any EDA- approved successor to the entity. Specifications — That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Subcontractor — An individual or entity having direct contract with the Contractor or with any Work — The entire construction or the various separately identifiable parts thereof required to be l f provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 2. APPLICABILITY The Project to which the construction work covered by this Contract pertains is being assisted by the United States of America through federal assistance provided by the U.S. Department of Commerce - Economic Development Administration (EDA). Neither EDA, nor any of its departments, entities, or employees is a party to this Contract. The following EDA Contracting Provisions are included in this Contract and all subcontracts or related instruments pursuant to the provisions applicable to such federal assistance from EDA. FEDERALLY REQUIRED CONTRACT PROVISIONS (a) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate (Contracts more than the simplified acquisition threshold - currently fixed at $100,000. See 41 U.S.C. 403(11)). (b) Termination for cause and for convenience by the Recipient including the manner by which it will be effected and the basis for settlement (all contracts in excess of $10,000). (c) Compliance with Executive Order 11246 of September 24, 1965, Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967 and as supplemented by Department of Labor regulations at 41 C.F.R. chapter 60 (applicable to all construction contracts awarded in excess of $10,000 by recipients of federal assistance and their contractors or subrecipients). (d) Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. § 874) as supplemented by Department of Labor regulations at 29 C.F.R. part 3 (all contracts and subgrants for construction or repair). (e) Compliance with the Davis -Bacon Act (40 U.S.C. § 3145) as supplemented by Department of Labor regulations at 29 C.F.R. part 5 (construction contracts in excess of $2,000 awarded by Recipients and subrecipients). (f) Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-330) as supplemented by Department of Labor regulations at 29 C.F.R. part 5. (construction contracts awarded by Recipients and subrecipients in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) (g) EDA requirements and regulations pertaining to reporting. j Economic Development Administration L Contracting Provisions for Construction Projects I 3 (h) EDA requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (i) EDA requirements and regulations pertaining to copyrights and rights in data. 0) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. § 7606), section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants, or Loans, and Environmental Protection Agency regulations at 48 C.F.R. part 15 (applicable to contracts, subcontracts, and subgrants of amounts in excess of $ 100,000). 4. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion of correction. 5. INSPECTION BY EDA REPRESENTATIVES The authorized representatives and agents of EDA shall be permitted to inspect all work, materials, payrolls, personnel records, invoices of materials, and other relevant data and records. 6. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS (a) The Owner, EDA, or the Comptroller General of the United States, or any of their duly authorized representatives shall, generally until three years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. - (b) The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders that do not exceed $10,000. (c) The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) appeals under the disputes clause of this contract, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the Owner, EDA, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. Economic Development Administration Contracting Provisions for Construction Projects 7. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in a form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due to the Contractor in accordance with the progress schedule. The Contractor also shall furnish the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only to determine the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 8. CONTRACTOR'S TITLE TO MATERIAL No materials, supplies, or equipment for the work shall be purchased by the Contractor or by any subcontractor that is subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants and guarantees that he/she has good title to all work, materials, and equipment used by him/her in the Work, free and clear of all liens, claims, or encumbrances. 9. INSPECTION AND TESTING OF MATERIALS All materials and equipment used in the completion of the Work shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. Materials of construction, particularly those upon which the strength and durability of any structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for intended uses. 10. "OR EQUAL" CLAUSE Whenever a material, article, or piece of equipment is identified in the Contract Documents by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard. Any material, article, or equipment of other manufacturers and vendors that will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. However, such substitution material, article, or equipment shall not be purchased or installed by the Contractor without the Architect/Engineer's written approval. 11. PATENT FEES AND ROYALTIES (a) Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device that is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in Economic Development Administration Contracting Provisions for Construction Projects the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the Owner in the Contract Documents. (b) To the fullest extent permitted by Laws and Regulations, the Contractor shall indemnify and hold harmless the Owner and the Architect/Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 12. CLAIMS FOR EXTRA COSTS No claims for extra work or cost shall be allowed unless the same was done in pursuance of a written order from the Architect/Engineer approved by the Owner. 13. CONTRACTORS AND SUBCONTRACTORS INSURANCE. (a) The Contractor shall not commence work under this Contract until the Contractor has obtained all insurance reasonably required by the Owner, nor shall the Contractor allow any subcontractor to continence work on his/her subcontract until the insurance required of the subcontractor has been so obtained and approved. (b) Types of insurance normally required are: (1) Workmen's Compensation (2) Contractor's Public Liability and Property Damage (3) Contractor's Vehicle Liability (4) Subcontractors Public Liability, Property Damage and Vehicle Liability (5) Builder's Risk (Fire and Extended Coverage) (c) Scope of Insurance and Special Hazards: The insurance obtained, which is described above, shall provide adequate protection for the Contractor and his/her subcontractors, respectively, against damage claims that may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him/her and also against any of the special hazards that may be encountered in the performance of this Contract. L (d) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of applicable insurance policies. Economic Development Administration Contracting Provisions for Construction Projects 14. CONTRACT SECURITY BONDS (a) If the amount of this Contract exceeds $100,000, the Contractor shall fiarnish a performance bond in an amount at least equal to one hundred percent (100%) of the Contract price as security for the faithful performance of this Contract and also a payment bond in an amount equal to one hundred percent (100%) of the Contract price or in a penal sum not less than that prescribed by State, Territorial, or local law, as security for the payment of all persons performing labor on the Work under this Contract and furnishing materials in connection with this Contract. The performance bond and the payment bond may be in one or in separate instruments in accordance with local law. Before final acceptance, each bond must be approved by EDA. If the amount of this Contract does not exceed $100,000, the Owner shall specify the amount of the payment and performance bonds. (b) All bonds shall be in the form prescribed by the Contract Documents except as otherwise provided in applicable laws or regulations, and shall be executed by such sureties as are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Treasury Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. Surety companies executing the bonds must also be authorized to transact business in the state where the Work is located. 15. LABOR STANDARDS - DAVIS-BACON AND RELATED ACTS (as required by section 601 of PWEDA) (a) Minimum Wages (1) All laborers and mechanics employed or working upon the site of the Work in the construction or development of the Project will be paid unconditionally and not less often�m, than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act at 29 C.F.R. part 3, the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of payment computed at rates not 1L less than those contained in the wage determination of the Secretary of Labor, which is attached hereto and made a part hereof, regardless of any contractual relationship that may be alleged to exist between the Contractor and such laborers and mechanics._ Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R. It § 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover ( the particular weekly period, are deemed to be constructively made or incurred during L such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 C.F.R. § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the Economic Development Administration Contracting Provisions for Construction Projects rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates determined under 29 C.F.R. § 5.5(a)(1)(ii) and the Davis - Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) (i) Any class of laborers or mechanics to be employed under the Contract, but not listed in the wage determination, shall be classified in conformance with the wage determination. EDA shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification k� (if known), or their representatives, and EDA or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by EDA or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and EDA or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), EDA or its designee shall refer the questions, including the views of all interested parties and the recommendation of EDA or its designee, to the ` Administrator for determination. I (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(2)(ii) or (iii) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. Economic Development Administration Contracting Provisions for Construction Projects (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (b) Withholding EDA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other federal contract with the same prime Contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper employed or working on the site of the Work in the construction or development of the Project, all or part of the wages required by the Contract, EDA or its designee may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. EDA or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. (c) Payrolls and basic records (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the Work in the construction or development of the Project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l (b) (2) (B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R. § 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, the plan or program is financially responsible, and the plan or program has been communicated in writing to the laborers or mechanics affected, and provide records that show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of Economic Development Administration Contracting Provisions for Construction Projects apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2) (i) For each week in which Contract work is performed, the Contractor shall submit a copy of all payrolls to the Owner for transmission to EDA or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 C.F.R. part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose. It may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402; or downloaded from the U.S. Department of Labor's website at www.dol.gov/esa/forms/whd/index.htm. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under 29 C.F.R. § 5.5(a)(3)(i) and that such information is correct and complete; (B) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 C.F.R. part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 14(c)(ii) of this section. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the U.S. Code. (3) The Contractor or subcontractor shall make the records required under paragraph 14(c)(1) of this section available for inspection, copying, or transcription by authorized representatives of EDA or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them Economic Development Administration Contracting Provisions for Construction Projects available, EDA or its designee may, after written notice to the Contractor or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 C.F.R. part 5.12. (d) Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a Project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 C.F.R. § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program that has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Economic Development Administration Contracting Provisions for Construction Projects Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the 1 approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted f under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and f Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, Equal Employment Opportunity, as amended, and 29 C.F.R. part 30. (e) Compliance with Copeland Anti -Kickback Act Requirements. The Contractor shall comply with the Copeland Anti -Kickback Act (18 U.S.C. § 874 and 40 U.S.C. § 276(c)) as supplemented by Department of Labor regulations (29 C.F.R. part 3, "Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States"). The Act provides that the Contractor and any subcontractors shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled. The Owner shall report all suspected or reported violations to EDA. (f) Subcontracts. The Contractor and any subcontractors will insert in any subcontracts the clauses contained in 29 C.F.R. §§ 5.5(a)(1) through (10) and such other clauses as EDA or its designee may require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 C.F.R. part 5.5. (g) Contract termination; debarment. The breach of the contract clauses in 29 C.F.R. part 5.5 may be grounds for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in 29 C.F.R. § 5.12. i .,. Economic Development Administration Contracting Provisions for Construction Projects (h) Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 C.F.R. parts 1, 3, and 5 are herein incorporated by reference in this contract. (i) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 C.F.R. parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and EDA or its designee, the U.S. Department of Labor, or the employees or their representatives. 0) Certification of Eligibility. (1)By entering into this Contract, the Contractor certifies that neither it nor any person or firm that has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 C.F.R. § 5.12(a)(1). (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 C.F.R. § 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. § 1001. 16. LABOR STANDARDS - CONTRACT WORK HOURS AND SAFETY STANDARDS ACT As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which that person is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (b) Violation; liability for unpaid wages, liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or Economic Development Administration Contracting Provisions for Construction Projects permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section. (c) Withholding for unpaid wages and liquidated damages. EDA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such Contract or any other federal contract with the same prime Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section. (d) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (a) through (c) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (c) of this section. 17. EQUAL EMPLOYMENT OPPORTUNITY (a) The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. chapter 60, which is paid for in whole or in part with funds obtained from EDA, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's Economic Development Administration Contracting Provisions for Construction Projects commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and pursuant to rules, regulations, and orders of the Secretary of Labor and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally -assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph 17(a) (1) and the provisions of paragraphs 17(a)(1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as EDA or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in or is threatened with litigation with or by a subcontractor or vendor as a result of such direction by EDA or the Secretary of Labor, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (8) The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally - assisted construction work. Provided, however, that if the Recipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government that does not participate in work on or under the Contract. (9) The Recipient agrees that it will assist and cooperate actively with EDA and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will famish EDA and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist EDA in the discharge of the EDA's primary responsibility for securing compliance. (10) The Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by EDA or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Recipient agrees that if it fails or refuses to comply with these undertakings, EDA may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this EDA financial assistance; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (b) Exemptions to Above Equal Opportunity Clause (41 C.F.R. chapter 60): (1) Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading) are exempt. The amount of the Contract, rather than the amount of the federal financial assistance, shall govern in determining the applicability of this exemption. (2) Except in the case of subcontractors for the performance of construction work at the site of construction, the clause shall not be required to be inserted in subcontracts below the second tier. (3) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies or raw materials are exempt. 18. CONTRACTING WITH SMALL, MINORITY AND WOMEN'S BUSINESSES (a) If the Contractor intends to let any subcontracts for a portion of the work, the Contractor shall take affirmative steps to assure that small, minority and women's businesses are used when possible as sources of supplies, equipment, construction, and services. (b) Affirmative steps shall consist of. (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; Economic Development Administration Contracting Provisions for Construction Projects (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (4) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; (5) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies; (6) Requiring each party to a subcontract to take the affirmative steps of this section; and (7) The Contractor is encouraged to procure goods and services from labor surplus area firms. 19. HEALTH, SAFETY, AND ACCIDENT PREVENTION (a) In performing this contract, the Contractor shall: (1) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to their health and/or safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation; (2) Protect the lives, health, and safety of other persons; (3) Prevent damage to property, materials, supplies, and equipment; and, (4) Avoid work interruptions. (b) For these purposes, the Contractor shall: (1) Comply with regulations and standards issued by the Secretary of Labor at 29 C.F.R. part 1926. Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701— 3708); and (2) Include the terms of this clause in every subcontract so that such terms will be binding on each subcontractor. (c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this Contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 C.F.R. part 1904. -Economic Development Administration Contracting Provisions for Construction Projects (d) The Owner shall notify the Contractor of any noncompliance with these requirements and of the corrective action required. This notice, when delivered to the Contractor or the Contractor's representative at the site of the Work, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly, the Owner may issue an order stopping all or part of the Work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances. (e) The Contractor shall be responsible for its subcontractors' compliance with the provisions of this clause. The Contractor shall take such action with respect to any subcontract as EDA, or the Secretary of Labor shall direct as a means of enforcing such provisions. 20. CONFLICT OF INTEREST AND OTHER PROHIBITED INTERESTS (a) No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part hereof. (b) No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. (c) The Contractor may not knowingly contract with a supplier or manufacturer if the individual or entity who prepared the Contract Documents has a corporate or financial affiliation with the supplier or manufacturer. (d) The Owner's officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, may be involved. Such a conflict may arise when: (i) the employee, officer or agent; (ii) any member of their immediate family; (iii) their partner or (iv) an organization that employs, or is about to employ, any of the above, has a financial interest in the Contractor. The Owner's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from the Contractor or subcontractors. (e) If the Owner finds after a notice and hearing that the Contractor, or any of the Contractor's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of the Owner or EDA in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, the Owner may, by written notice to the Contractor, terminate this Contract. The Owner may also pursue other rights and remedies that the law or this Contract Economic Development Administration Contracting Provisions for Construction Projects provides. However, the existence of the facts on which the Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract. (f) In the event this Contract is terminated as provided in paragraph (e) of this section, the Owner may pursue the same remedies against the Contractor as it could pursue in the event of a breach of this Contract by the Contractor. As a penalty, in addition to any other damages to which it may be entitled by law, the Owner may pursue exemplary damages in an amount (as determined by the Owner) which shall not be less than three nor more than ten times the costs the Contractor incurs in providing any such gratuities to any such officer or employee. 21. RESTRICTIONS ON LOBBYING (a) This Contract, or subcontract is subject to section 319 of Public Law 101-121, which added section 1352, regarding lobbying restrictions, to chapter 13 of title 31 of the United States Code. The new section is explained in the common rule, 15 C.F.R. part 28 (55 FR 6736-6748, February 26, 1990). Each bidder under this Contract or subcontract is generally prohibited'from using federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with this EDA Award. (b) Contract Clause Threshold: This Contract Clause regarding lobbying must be included in each bid for a contract or subcontract exceeding $100,000 of federal funds at any tier under the EDA Award. (c) Certification and Disclosure: Each bidder of a contract or subcontract exceeding $100,000 of federal funds at any tier under the federal Award must file Form CD-512, Certification Regarding Lobbying, and, if applicable, Standard Form-LLL, Disclosure of Lobbying Activities, regarding the use of any nonfederal funds for lobbying. Certifications shall be retained by the Contractor or subcontractor at the next higher tier. All disclosure forms, however, shall be forwarded from tier to tier until received by the Recipient of the EDA Award, who shall forward all disclosure forms to EDA. (d) Continuing Disclosure Requirement: Each Contractor or subcontractor that is subject to the Certification and Disclosure provision of this Contract Clause is required to file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person. Disclosure forms shall be forwarded from tier to tier until received by the Recipient of the EDA Award, who shall forward all disclosure forms to EDA. (e) Indian Tribes, Tribal Organizations, or Other Indian Organizations: Indian tribes, tribal organizations, or any other Indian organizations, including Alaskan Native organizations, are excluded from the above lobbying restrictions and reporting requirements, but only with respect to expenditures that are by such tribes or organizations for lobbying activities permitted by other federal law. An Indian tribe or organization that is seeking an exclusion from Certification and Disclosure requirements must provide EDA with the citation of the provision or provisions of federal law upon which it relies to conduct lobbying activities that would otherwise Economic Development Administration Contracting Provisions for Construction Projects be subject to the prohibitions in and to the Certification and Disclosure requirements of section 319 of Public Law No. 101-121, preferably through an attorney's opinion. Note, also, that a non - Indian subrecipient, contractor, or subcontractor under an award to an Indian tribe, for example, is subject to the restrictions and reporting requirements. 22. HISTORICAL AND ARCHAEOLOGICAL DATA PRESERVATION The Contractor agrees to facilitate the preservation and enhancement of structures and objects of historical, architectural or archaeological significance and when such items are found and/or unearthed during the course of project construction. Any excavation by the Contractor that uncovers an historical or archaeological artifact shall be immediately reported to the Owner and a representative of EDA. Construction shall be temporarily halted pending the notification process and further directions issued by EDA after consultation with the State Historic Preservation Officer (SHPO) for recovery of the items. See the National Historic Preservation Act of 1966 (80 Stat 915, 16 U.S.C. § 470) and Executive Order No. 11593 of May 31, 1971. 23. CLEAN AIR AND- WATER Applicable to Contracts in Excess of $100,000 (a) Definition. "Facility" means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor, used in the performance of the Contract or any subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the United States Environmental Protection Agency (EPA) determines that independent facilities are collocated in one geographical area. (b) In compliance with regulations issued by the EPA, 2 C.F.R. part 1532, pursuant to the Clean Air Act, as amended (42 U.S.C. § 7401 et seq.); the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); and Executive Order 11738, the Contractor agrees to: (1) Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA List of Violating Facilities pursuant to 2 C.F.R. part 1532 for the duration of time that the facility remains on the list; (2) Promptly notify the Owner if a facility the Contractor intends to use in the performance of this contract is on the EPA List of Violating Facilities or the Contractor knows that it has been recommended to be placed on the List; (3) Comply with all requirements of the Clean Air Act and the Federal Water Pollution Control Act, including the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act, and all applicable clean air and clean water standards; and Economic Development Administration Contracting Provisions for Construction Projects (4) Include or cause to be included the provisions of this clause in every subcontract and take such action as EDA may direct as a means of enforcing such provisions. 24. USE OF LEAD -BASED PAINTS ON RESIDENTIAL STRUCTURES (a) If the work under this Contract involves construction or rehabilitation of residential structures, the Contractor shall comply with the Lead -based Paint Poisoning Prevention Act (42 U.S.C. § 4831). The Contractor shall assure that paint used on the Project on applicable surfaces does not contain lead in excess of the percentages set forth in Paragraphs (a) and (b) of this section. In determining compliance with these standards, the lead content of the paint shall be measured on the basis of the total nonvolatile content of the paint or on the basis of an equivalent measure of lead in the dried film of paint already applied. (1) For paint manufactured after June 22, 1977, paint may not contain lead in excess of 6 one -hundredths of 1 percent (.0006) lead by weight. (2) For paint manufactured on or before June 22, 1977, paint may not contain lead in excess of five -tenths of 1 percent lead by weight. (b) As a condition to receiving assistance under PWEDA, recipients shall assure that the restriction against the use of lead -based paint is included in all contracts and subcontracts involving the use of federal funds. (c) Definitions (1) "Applicable surfaces" are those exterior surfaces which are readily accessible to children under seven years of age. - (2) "Residential structures" means houses, apartments, or other structures intended for human habitation, including institutional structures where persons reside, which are accessible to children under seven years of age, such as day care centers, intermediate and extended care facilities, and certain community facilities. 25. ENERGY EFFICIENCY The Contractor shall comply with all standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public L. No. 94-163) for the State in which the Work under the Contract is performed. 26. ENVIRONMENTAL REQUIREMENTS When constructing a Project involving trenching and/or other related earth excavations, the Contractor shall comply with the following environmental constraints: (1) Wetlands. When disposing of excess, spoil, or other construction materials on public or private property, the Contractor shall not fill in or otherwise convert wetlands. Economic Development Administration Contracting Provisions for Construction Projects (2) Floodplains. When disposing of excess, spoil, or other construction materials on public or private property, the Contractor shall not fill in or otherwise convert 100 year floodplain areas delineated on the latest Federal Emergency Management Agency (FEMA) Floodplain Maps, or other appropriate maps, i.e., alluvial soils on Natural Resource Conservation Service (MRCS) Soil Survey Maps. (4) Endangered Species. The Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of the Contractor, the Contractor will immediately report this evidence to the Owner and a representative of EDA. Construction shall be temporarily halted pending the notification process and further directions issued by EDA after consultation with the U.S. Fish and Wildlife Service. 27. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSIONS As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 C.F.R. part 1326, for prospective participants in lower tier covered transactions (except subcontracts for goods or services under the $25,000 small purchase threshold unless the subrecipient will have a critical influence on or substantive control over the award), as defined at 2 C.F.R. part 1326. (1) By entering into this Contract, and by further executing Form CD-512, the Contractor and subcontractors certify, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any federal department or agency. (2) Where the Contractor or subcontractors are unable to certify to any of the statements in this certification, the Contractor or subcontractors shall attach an explanation to this bid. See also15 C.F.R. §§ 14.13 or 24.35, as applicable. 28. EDA PROJECT SIGN The Contractor shall supply, erect, and maintain in good condition a Project sign according to the specifications provided by EDA. To the extent practical, the sign should be a free standing sign. Project signs shall not be located on public highway rights -of -way. Location and height of signs will be coordinated with the local agency responsible for highway or street safety in the Project area, if any possibility exists for obstructing vehicular traffic line of sight. Whenever the EDA site sign specifications conflict with State law or local ordinances, the EDA Regional Director will permit such conflicting specifications to be modified so as to comply with State law or local ordinance. Economic Development Administration Contracting Provisions for Construction Projects �p'`� � �___._� EDA CONSTRUCTION SITE SIGN SPECIFICATIONS PAGE INTENTIONALLY LEFT BLANK EDA PROJECT SIGN The Contractor shall supply, erect, and maintain in good condition a project sign according to the specifications set forth below: EDA SITE SIGN SPECIFICATIONS Size: 4' x 8' x 3/4" Materials: Exterior grade/MDO plywood (APA rating A-B) Supports: 4" x 4" x 12' posts with 2" x 4" cross branching Erection: Posts shall be set a minimum of three feet deep in concrete footings that are at least 12" in diameter. Paint: Outdoor enamel Colors: Crimson Red, Stark White, Royal Blue and Jet Black. Specifically, on white background the following will be placed: "American Jobs," "American Values" and the three flag stripes in red; "U.S. Department of Commerce" in blue; `EDA logo" in blue; "Provided by Equal Opportunity Employers In partnership with the" in blue; "U.S. DEPARTMENT OF COMMERCE" in blue; "Economic Development Administration" in red; the words "and the" and the name of the "Investment Recipient" in blue; "Creating Higher - Skill, Higher -Wage Job Opportunities in Your Community" in blue; and `Barack Obama President of the United States of America" in black. Letteriniz: Lettering and positioning will be as shown on the attached illustration. Project signs will not be erected on public highway rights -of -way. If any possibility exists for obstruction to traffic line of sight, the location and height of the sign will be coordinated with the agency responsible for highway or street safety in the area. The EDA Regional Director may permit modifications to these specifications if they conflict with state law or local ordinances. No additional lettering or logos are permitted on the sign. I 8. 2" 2' 1/4- MASONITE 2" 4" 2 X 4 1._ffs. 4X4POST z_ � N N t• �' � Se M M 4- SIGN A MASONITE SIGN SCALE: 3/8" = 1 ' PROJECT - SIGN A ECONOMIC DEVELOPMENT ADMINISTRATION 2" 2" 3/4-PLYWOOD 4" V-2A 2 X 4 V-211' 4 X 4 POST C-4 C-4 4- SIGN B PLYWOOD SIGN SCALE: 3/8" = 1' PROJECT SIGN B ECONOMIC DEVELOPMENT ADMINISTRATION U.S. Department of Commerce Provided by Equal Opportunity Employers In Partnership with the U.S. DEPARTMENT of COMMERCE Economic Development Administration and the <Investment Recipient> Creating Higher -Skill, Higher -Wage Job Opportunities in Your Community Barack Obama President of the United States of America ro--� 11 20" 3Z zm Rag hnwm� azs Red � s �w P�nto485C-Rea American ValU.S. Department of Commerce�Pa�wrw28iG-BWe 3V 53' Provided by Equal Opportunity Employers � In Partnership with the 26 I IT 26' ,� T- T26 T 4V I �za z-F I �Tw Tw zm Tw T U.S. DEPARTMENT OF COMMERCE j Economic Development Administraft and the <Investment Recipient wec-ft.w ftrawzeIC-ere z0v 2ff on Creating Higher -Skill, Higher -Wage Job Opportunities in Your Community Barack Obama President of the United States of America 8Feet P�nroro485L-� Bla&C-ftwk r. MI SPECIFICATIONS �...�+- __..._, ..�..... __, � �,.� ',��� '�,�., �,� ��M ..�.�,� .;j': . '.; City of Lubbock DOWNTOWN REDEVELOPMENT Phase 1 Project No Text Introduction The purpose of this document is to provide specifications for an underground duct system for the utilities affected by the relocation of existing overhead electric and communication cables within the Lubbock Downtown Redevelopment Project. This construction work will provide the downtown area with an underground electric, gas, and communication system capable of serving the downtown Lubbock area for many years. Project Scope The City of Lubbock will provide the trench with a conduit and piping system for the relocated utilities within the downtown redevelopment project area. This conduit corridor will provide an underground system of conduits for five Lubbock utility companies as well as the City of Lubbock. These Utility companies include: Lubbock Power & Light, Atmos Energy, Sudden Link, NTS Communications, and AT&T. The project will include: trench excavation, trench backfilling, installation of the duct system, and replacing affected surface infrastructure. The specifications are generally divided into two sections. Parkhill, Smith & Cooper (PSC) has developed plans and specifications to address the excavation and restoration of the trench. SGS Engineering (SGS) has developed the plans for the duct system to be installed in the trench. Overview Phase 1 of the Downtown Redevelopment Project is generally bounded by I Oh Street on the north and 19'� Street on the South and from Avenue Q to Avenue L east to west.. A five foot wide "green area" has been designated adjacent to the streets in each block where possible for aesthetic improvements to downtown Lubbock. The trench system will be located adjacent to the designated green area. The west side of Avenue O has been designated a North -South backbone conduit corridor. An East-West backbone conduit corridor runs from Avenue O to Avenue L. A duct system to provide service to customers will be installed in the block between Broadway and Main and between Avenue Q and Avenue O. 2 ..5 No Text E Standard of Work 1) All work shall be done in a thorough and workmanlike manner in accordance with the Plans, Specifications, and Construction Drawings. General Safety A. Drawings and Maps i. All drawings and maps accompanying this Specification or listed herein shall be considered apart of these Plans and Specifications. ii. Accompanying drawings are as follows: Phase I Overall Conduit System Cl Phase I Conduit System C2 Phase I Conduit System C3 Phase I Conduit System C4 Phase I Conduit System C5 Phase I Conduit System C6 Phase I Conduit System C7 Phase I Conduit System C8 Phase I Conduit System C9 Trench Profile TPO1 Trench Profile TP02 Phase I Details DTO1 A. The work shall be performed in accordance with all applicable Federal, State, and Local Safety Regulations. B. The Contractor shall be responsible for the observance of proper safety practices and the avoidance of unnecessary damage to property by all personnel engaged in the work. i. The Contractor shall take all steps necessary to prevent damage or interference with existing power lines, communication facilities, roadways, railroads, waterways, buried cables, pipelines, and other facilities adjacent to or crossing the project right-of-way. ii. Neither the professional activities of the DESIGN PROFESSIONAL, nor the presence of the DESIGN PROFESSIONAL or the DESIGN PROFESSIONAL's employees and sub -consultants at the construction site, shall relieve the General Contractor and any other entity of their obligations, duties, and responsibilities - including, but not limited to, construction means, methods, sequences techniques, or procedures necessary for performing, superintending, or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. 3 iii. The DESIGN PROFESSIONAL and DESIGN PROFESSIONAL's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. iv. The General Contractor is solely responsible for jobsite safety. Trench Profile a) Trench profiles for each section of the Downtown Redevelopment are detailed in the drawings. The profile addresses the size of the excavated trench as well as the size and location of each conduit or pipe in a particular trench section. b) It is the responsibility of the contractor to match these specifications and drawings when constructing any portion of the trench. Conduit APPROVED CONDUIT i. All conduit shall be electrical grade, rigid, nonmetallic and of standard trade size (2",4", or 6"diameter) as provided by Innerduct or approved equal. Contact information for Innerduct is 409 Seventh Avenue SE, Cedar Rapids, Iowa 52405. Phone — 800, 332-8114. Nhr folc4 $l� 9434 D`I ii. For 2", 4", and 6" conduit, the only approved type is HDPE (high density polyethylene), which shall conform to the following color scheme. The conduit shall be a solid color as identified. Actual color assignments are subject to change. 1. Red Conduit: Dedicated to LP&L's distribution. 2. Yellow Conduit: Dedicated to the City of Lubbock Traffic and Communication 3. Green Conduit: Dedicated to NTS Communications. 4. Blue Conduit: Dedicated to Sudden Link. 5. Orange Conduit: Dedicated to AT&T Communications. USE OF CONDUIT i. The Contractor shall provide and install the conduit system in accordance with the layout provided by SGS Engineering's approved design drawings. 4 3 ii. SGS Engineering must approve in writing any proposed changes to the conduit or conduit layout. SGS Engineering reserves the right to approve the type of conduit to be used prior to installation. iii. Conduits are required for all cables runs. Each utility shall furnish and install the number and type of conductors/cables within each individual conduit. iv. The conduits as well as all associated components (terminal adaptors, couplings, elbows, etc.) shall be furnished and installed by the Contractor. CONDUIT INSTALLATION i. The contractor shall ensure throughout the duration of the project all conduits remain free from obstruction and debris. ii. Conduit shall be run in a straight and level path wherever possible, as specified by drawings. The only abrupt changes in conduit direction (elevation or sideways) shall be to circumnavigate obstruction by pre-existing obstructions, or to accommodate entrance into junction boxes for each individual company. Exceptions will be made for bends at pad mounted equipment, handholes, or manholes. iii. All joints are to be cemented using the material and methodology recommended by the manufacturer. iv. Both ends of each run are to be capped to ensure the conduit remains clean and dry and free from internal debris. V. The LP&L conduit as well as the Atmos piping shall be covered with bedding material as shown on the drawings. A concrete slurry as defined herein shall be used as the baclfill material of the trench to the point as required to be the base material for the final surfacing. CONDUIT AND PIPE SPACING A. Spacers will be utilized wherever possible in order to maintain direction and placement of conduit within the trench. Spacer groups shall be spaced no more than 10' apart along the trench. i. Spacers shall be GS Industries of Bassett, Ltd. "Underground Spacers" -Product code 186-1 et. Al or approved equal. These spacers shall be used throughout the conduits' installation in order to maintain direction, plumb and spacing of conduit. Contact information for GS Industries is 85 Rosemont Road, Bassett, Virginia 24055. Phone is 800, 445-2192. &J,e-sw lhglf At.r.3 tL Y3vlvg ILOM�r,� 5 ii. Spacers for Conduits used in power distribution (LP&L) shall be as follows: 1. For 6" conduits, spacers shall be Underground Products of Bassett, VA, Product Codes 133-1 and 132-1. 2. For 4" conduits, spacers shall be Underground Products of Bassett, VA, Product Codes 186-1 and 185-1. iii. Spacers for Conduits occupied by City of Lubbock, Sudden Link, NTS, AT&T 1. For 4" conduits, spacers shall be Underground Products of Bassett, VA, Product Codes 186-1 and 185-1. 2. For 2" conduits, affix conduits in 4" conduit spacers Underground Products of Bassett, VA, Product Codes 186-1 and 185-1. iv. Atmos Pipe and Valve Installation a. In order to isolate the bedding material surrounding the piping designated for Atmos Energy from the slurry used to backfill all other conduits, a plywood barrier 12" tall by the required length shall be affixed to the utility conduit stack, thereby creating a form for the Atmos pipe bedding material. b. In order to affix the plywood dividers to the adjacent conduit spacers Underground Products of Bassett, VA Product Code 93-1 or approved equal shall be used. c. Atmos Energy shall provide all 2"and 4" piping for its requirements. Atmos Energy will also provide the required valves and associated items required for their installation as shown on the drawings. d. Specific Atmos Energy installation requirements included herein shall be strictly adhered to by the contractor. e. The contractor actually performing all of the work on the Atmos Energy facilities shall be an Atmos approved contractor. Handholes A. As shown on the drawings the Contractor shall install a group of handhole boxes at almost every corner, one for each of the communication utilities and the City of Lubbock. The handhole boxes shall be ARMORCAST: 24" X 36" X 36" (depth) or 24" X 36" X 48" (depth) Polymer Concrete G Box and Cover Assembly. The contact information for Armorcast Products Company, 13230 Pun 9 Saticoy Street, North Hollywood, California 91605. Phone — 818, 982-3600. Te 14V06 ;Ss .72, B. A terminal adaptor with a sealing lock nut shall conjoin all conduits to handholds. Installation of handholes shall occur on bedding material, so as to provide an adjustable surface for positioning both laterally and vertically. C. The handhole boxes will be placed such that the top cover plate shall be level with the concrete pedestrian sidewalk. D. Each handhole shall have a cover which identifies the primary contents therein, and shall be cast . with one of the following identifiers: "AT&T", "NTS", "Sudden Link", "City of Lubbock" E. The handholes will be located by the Engineer. Manholes A. Manholes will be installed generally where indicated on the drawings. The actual locations of the manholes will be provided by the Engineer. The manholes shall be furnished by the contractor for the communications utilities as required. Manholes shall generally be located in the designated green areas. Each manhole will be used by a single communication utility. The conduits of the appropriate utility will move from the main ditch to the green area and back to the main ditch as shown on the drawings to provide access to each manhole. The manhole installation shall be per the detail drawing provided herein. B. Ultimately the responsibility for accommodating any and all manholes with the appropriate conduits falls on the Contractor. Manholes shall be ARMORCAST: 48" X 96" X 48" (depth) Polymer Concrete Vault Assembly Lubbock Power & Light (LP&L) A. LP&L will provide and install any junction box enclosures and switch enclosures required for their service. Those to be installed in this phase of construction are shown on the drawings. The Contractor shall install elbows and required conduit extensions and material to bring the duct to the surface for access to the LP&L equipment from its underside. B. The LP&L conduits shall be covered with bedding material as shown on the drawings. Atmos Energy This project involves the extension of 4" PE IP gas main and installation of 2" PE IP laterals. 7 4 1) Atmos will: a. Provide all materials. b. Provide a list of special conditions. c. Administer Lock Out/Tag Out/ Clearance procedures. d. Provide compaction testing (the first test for each location). e. Provide inspection- COMPANY may opt to provide inspection through a third party. f. All pipe and fittings will be picked up at Atmos warehouse in Lubbock by CONTRACTOR unless specifically noted. 2) Contractor will: a. Contractor will insure that he is signed up with the City of Lubbock as a contractor with Atmos energy. b. Obtain all construction permits prior to construction. c. Provide necessary supervision, labor and equipment to complete project. d. Successful contractor will utilize a minimum of 2 each 3 man crews for the complete project. e. Install the necessary tap fittings (tees, weldolets, threadolets, etc.). f Contractor will verify all locate wire is traceable prior to backfilling. g. Perform all piping construction in accordance with the requirement of DOT CFR 49 Part 192, "Transportation of natural and other gas by pipeline; Minimum Federal Safety Standards" as administered by the Railroad Commission of Texas. h. The successful bidder may be required to complete the Operator Qualification Personnel Survey. CONTRACTOR'S personnel must have proper Operator Qualification certification before award of project and maintain certification throughout the term of the project. CONTRACTOR will adhere to the West Texas Division Contractor Provisions for Compliance with Operator Qualification Rule. i. Have an approved Competent Person on the job site at all times. The Competent Person(s) will be identified to the COMPANY at the pre -construction meeting. j. Install, maintain, and remove erosion control devices as required in the Storm Water Pollution Prevention Plan (SWPPP). Upon completion of the project work, CONTRACTOR will initiate the process to stabilize the disturbed surface area and establish surface restoration or final coverage. Surface stabilization, restoration, and final coverage means to establish vegetation or restore the surface to original condition, depending on the nature of the original surface. k. Be responsible for completing the tapping and stoppling of any stopple fittings that will be installed. COMPANY must approve any third party service providers prior to performing any work. 1. Cause each welder to keep their Operator Qualification Records on their person for the duration of the project. m. Ensure that pipe abandoned in place is purged with air, checked with a CGI, & plates welded on each end or other method to cause closure of pipe ends.. n. Install Safety fence around all open ditches in addition to parking equipment around bell holes whenever site is left unsupervised. o. Provide flowable backfill and/or compaction as required by City of Lubbock. p. Use specified backfill material directly around the pipeline. Backfill must provide firm support under the pipe. q. Return any unused pipe and fittings to appropriate Atmos service center. r. Provide a secure staging area for equipment and material. s. Ensure Atmos personnel are notified 48 hours prior to exposing any Atmos active pipeline. Atmos personnel have the option to be on site during this excavation. t. Contractor shall be solely responsible for all paperwork including maps, test charts, & any other documentation required per Atmos closing packet. u. All pipe and fittings will be picked up at Lubbock warehouse by CONTRACTOR unless specifically noted. Other information: 1. Main and services are part of a 601b MAOP system and are to be subjected to a 1201b not to exceed 1301b proof pressure test with signed chart. 2. All work shall be performed in accordance with the Atmos Energy Contractor Construction Manual and the Atmos Energy Contractor Visitor Safety Manual. Both documents are available through ISNetworld Atmos Energy Bulletin Board. 3. All work shall be performed in accordance with the Code of Federal Regulations Part 192 Pipeline Safety Rules and all other applicable rules and regulations. 4. All existing piping will remain pressurized and in service until it is time to make the final tie- ins. 5. All cuts made on existing pipeline facilities are to be made by "cold cut" method and not "torch cut". 6. This pipeline facility is a pressurized gas I.P. line that normally operates at about 50 PSIG. 7. The cost of any repairs, cut outs, or extra testing caused by repairs, shall be borne by CONTRACTOR. 8. COMPANY shall be notified immediately if CONTRACTOR notices any materials that do not appear to match what was specified in the Engineering Requisitions. 9. The CONTRACTOR shall be solely responsible for all materials after custody has been transferred to him. Any materials damaged or lost after transfer to CONTRACTOR shall be replaced at CONTRACTOR'S expense. 10. If piping does not pass the strength test then the CONTRACTOR will locate the leak, repair the defect and re -test. This will be at the CONTRACTOR'S expense unless the failure is caused by a material defect. 11. The following items must be considered prior to pressurizing pipe for test A. Material must be defect free including excessive wear. B. All fittings must be designed for the maximum pressures. C. Contractor must ensure that all threaded fittings are tightened properly prior to pressurizing pipe. Bid Unit Description — Conduit System Handhole — Includes furnishing the handhole and installation (bid per handhole) Manhole — Includes furnishing the manhole, installation, and sweep -outs from main trench to manhole location (bid per manhole) Atmos — Includes the installation only of equipment furnished by Atmos. Tapping of an existing main is included as well as the installation of taps and valves in the new system. The installation of the Atmos piping is included in the Trench Profile bid units. (bid per tap, valve, etc.) Trench Profile — Includes furnishing the conduits and spacers as well as installation. The Trench Profile sections are defined as those sections that maintain the defined trench dimensions. The Trench Profile sections end adjacent to the Handhole Arrangements which define the conduit and piping at the corner of each block. (bid per foot of trench) Handhole Arrangements — Includes furnishing the conduit as well as the shaping and installation of each conduit to connect the standard trench profile sections to handholes at block corners. (bid per corner location) 10 r-+ 1 ■ 54 114' — -- _. -- a '��• i ----- -- -- ----- ' 11 1111 nu Illl� Un.0 11 1111 un ILII 1 11 Un U a L_la7 11 1111 nn 11 II II nv I \ I 51 lyl � i /« 1'll 11 � 1 11 1�11 /1 111 11 II (11 1111 I1 I 11�1 1 11 1�11 5 5� 1 �8' nn qp 11. tl� iii nx I11 pp nu 111 n ( 1" nu nu III .1 n« 51 iiii ai LPie1gJ 80.t(nc) 1 Ala Uu ri�� II II `I 11 111 'jN II o n. iiq 11 p n« 'ii °1 ii 1 I I II II 111 1111 iiii 1"1 1111 it 11 1111 1111 ht 5 511 I PCYY�cR le J II �« N I�1 1111 1 1 11 II 1 1 'll' "" 11 II �1 COtNME Ilx IIN 11 IIII VAULT ! 7� ........ . ... . r, SMTKU A —A SECTXW S—E PCIYMER CONCRFTF BOX PLAN 'AEW 24 1/4- I V 25 ,/a• -. I GCLMOVN (4)c) sm. MAWM PCXYLO CONCKr CCVM ARMORCkq R-6 > OPEN BASE 11. um -SKID UffAa ' POLUAIR CONCREE ROX 300 sor Lubbock Downtown Redevelopment SGS DESIGN PROFESSIONAL RESPONSIBILITY The specification sections authenticated by my seal and signature are limited in the following: DIVISION 1— GENERAL REQUIREMENTS 01322 Photographic Documentation DIVISION 2 — SITE WORK 02200 Demolition, Removal and Salvaging of Existing Features 02222 Excavation, Trenching and Backfilling for Utilities 02223 Flowable Fill 02231 Aggregate Base Course 02513 Asphaltic Concrete Paving 02518 Concrete Pavers 02521 Concrete Pavements, Curbs, Gutters and Sidewalks 02764 Pavement Joint Sealants DIVISION 3 — CONCRETE �- - 03241 Fibrous Concrete Reinforcement for Site Work 03300 Cast -In -Place Concrete for Site Work r *� Sy 01 IPARY A. DAINSON W C� ............................. r 7fi978 1,9� IP } 10/05/11 k. . i ` 01362211 DESIGN PROFESSIONAL RESPONSIBILITY GAD -1 10/11 No Text Lubbock Downtown Redevelopment SGS SECTION 01322 PHOTOGRAPHIC DOCUMENTATION PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. This Section includes administrative and procedural requirements for the following: 1. Preconstruction photographs. 2. Periodic construction photographs. 3. Preconstruction videotapes. 4. Periodic construction videotapes. 1.3 RELATED SECTIONS A. Division 1 Section "Unit Prices" for procedures for unit prices for extra photographs. B. Division 1 Section "Submittal Procedures" for submitting construction photographs. 1.4 SUBMITTALS A. Submit three complete sets of preconstruction photographs or.videotape to Engineer. All three sets will be retained by the Owner and the Engineer. 1. Identification: On back of each print, videotape, or CD, provide an applied label or rubber-stamped impression with the following information: a. Name of Project. b. Name and address of photographer. C. Name of Engineer. d. Name of Contractor. e. Date photograph was taken. f. Description of vantage point, indicating location, direction (by compass point), and elevation or story of construction. 2. Digital Images: Submit a complete set of digital image electronic files with each submittal of prints. Identify electronic media with date photographs were taken. Submit images that have the same aspect ratio as the sensor, uncropped. PART 2 - PRODUCTS Not Used 01362211 PHOTOGRAPHIC DOCUMENTATION 01322 - 1 10/11 Lubbock Downtown Redevelopment SGS PART 3 - EXECUTION 3.1 PHOTOGRAPHS, GENERAL A. Field Office Prints: Retain one set of prints of preconstruction photographs in the field office at Project site, available at all times for reference. Identify photographs the same as for those submitted to Engineer. 3.2 CONSTRUCTION PHOTOGRAPHS A. Preconstruction Photographs: Before starting construction, take color photographs of Project site and surrounding properties from different vantage points, or as directed by Engineer. 1. Take photographs to show existing conditions adjacent to the property before starting the Work. 2. Take photographs of existing structures either on or adjoining the property to accurately record the physical conditions at the start of construction. B. Periodic Construction Photographs: As needed to document damage either directly related to or inadvertently related to the Contractor's operations, photograph the area in question and provide to Engineer. 3.3 CONSTRUCTION VIDEOS, GENERAL A. Narration: Describe scenes on video by audio narration by microphone while video is recorded. Include description of items being viewed, recent events, and planned activities. Describe vantage point, indicating location, and direction (by compass point). 3.4 CONSTRUCTION VIDEOS A. Preconstruction Video: Before starting construction, record video of Project site and surrounding properties from different vantage points, or as directed by Engineer. 1. Show existing conditions on and adjacent to Project site before starting the Work. 2. Show existing structures either on or adjoining Project site to accurately record the physical conditions at the start of construction. 3. Existing condition videos shall cover the entire project route. 4. Show protection efforts by Contractor. B. Periodic Construction Documentation: As needed to document damage either directly related to or indirectly related to the Contractor's operations, video the area in question and provide to Engineer. END OF SECTION 01362211 PHOTOGRAPHIC DOCUMENTATION 01322 - 2 10/11 Lubbock Downtown Redevelopment SGS SECTION 02200 DEMOLITION, REMOVAL AND SALVAGING OF EXISTING FEATURES PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to Work of this Section. 1.2 GENERAL A. This item shall consist of preparing the project area for construction operations by the demolition, removal and salvage or disposal of all obstructions within the limits of the project's construction area. Such obstructions shall be considered to include foundations, asphalt paving, concrete slabs, concrete curb and gutter, existing light poles with concrete footings and associated electrical conduit and wiring, existing water meter boxes with associated conduit and appurtenances, and all rubbish and debris, whether above or below ground, except live utility facilities. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 GENERAL 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. Cuts shall be made by means of sawing, or other methods approved by the Owner's Representative which will produce a satisfactory edge. In no case shall the line be cut with a motor grader blade. B. 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. 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. Any underlying courses disturbed during removal operations shall be reworked, recompacted and regraded to the satisfaction of the Engineer. Any damage to adjacent pavement structures or improvements to remain in place shall be repaired to the satisfaction of the Engineer. C. Unless otherwise indicated on plans, all obstructions shall be removed to 2-feet below the lower elevations of the excavation, or to the bottom of structure whichever is lower. 01362211 DEMOLITION, REMOVAL AND SALVAGING 02200 - 1 10/11 OF EXISTING FEATURES Lubbock Downtown Redevelopment SGS D. Any voids created from the removal of obstructions within the construction area where paving is to be placed and that extends down into the subgrade of the paving section, shall be backfilled with acceptable material and compacted according to the requirements of subgrade preparation of the contract documents. E. The Contractor shall complete the work specified herein so that the prepared construction area is free of holes, ditches and other abrupt changes in elevations and irregularities to contour. END OF SECTION 01362211 DEMOLITION, REMOVAL AND SALVAGING 02200 - 2 10/11 OF EXISTING FEATURES �- Lubbock Downtown Redevelopment SGS SECTION 02222 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. This section covers the excavation, trenching, and backfilling for all utility systems, including pipelines, and service laterals, up to the point of connection or approximately five feet outside the building. B. It shall be the Contractor's responsibility to keep the work free of water either from surface sources or from underground sources or from both. The selection of equipment and method of removal of water shall be the sole responsibility of the Contractor. 1.3 APPLICABLE PUBLICATION A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic description only. 1. American Society for Testing and Materials (ASTM): ASTM A 36/A36M Specifications for Structural Steel. ASTM A 139/A139M Specification for Electric -Fusion (Arc) Welded Steel Pipe. ASTM A502 Specification for Steel Structural Rivets. ASTM D 698 Test Methods for Moisture -Density Relations of Soils and Soil Aggregate Mixtures. 2. Occupational Safety and Health Administration: 29 CFR Part 1926 Subpart P, Excavations. 1.4 DENSITY TESTS A. Tests shall be performed by an independent laboratory selected by the Owner. Only passing tests shall be paid for by the Owner. Test results shall be submitted to the Engineer for review. B. All trenches 12 inches or wider, as measured at the top, shall be tested for conformance to compaction requirements as specified in Section 02200 of these Specifications unless the trench is backfilled with flowable fill. 1. These trenches shall be backfilled and compacted to their full depth. 2. Tests shall be made every 100 feet along the pipeline, or a minimum of one test, and to 4 foot vertical intervals throughout the backfill. Tests taken in 4 foot intervals shall be staggered. 3. Contractor shall maintain a record drawing indicating depth to conduits at intervals of 100 feet and where depths change. Lubbock Downtown Redevelopment SGS n C. Compaction shall not be less than 95% of the Standard Proctor Test ASTM D 698. 1. Tests in other areas shall be one test every 500 feet within the upper 4 feet of fill. 1.5 UTILITIES A. Active utilities shall be protected from damage and removed or relocated only as indicated or specified. Where active utilities are encountered but are not shown on drawings, the Engineer shall be advised. B. The Contractor shall contact Utility Owners for actual location of utilities. The Contractor is responsible for locating and protecting all utilities. Utilities shown on the Drawings are based on the available information. C. The Contractor shall maintain utility service to the existing buildings throughout construction. Any utility interruption must be approved by and coordinated with the utility Owner. 1.6 MACHINERY AND EQUIPMENT A. Movement of construction machinery and equipment over pipes during construction shall be at the Contractor's risk. The Contractor shall repair or replace pipe that has been displaced or damaged. 1.7 TRENCH SAFETY REQUIREMENTS Provide detail drawings for proposed trench safety systems. Clearly identify where each system is proposed for use and type of system to be used. Trench excavations cannot be started until trench safety systems have been submitted to the Engineer. A. Trench Boxes - Submit manufacturer's standard data sheet and certificate of compliance signed by a registered engineer stating the maximum allowable depth for the given design pressure for each type of trench box proposed for use. B. Alternative Systems - If alternative systems composed of steel, aluminum, wood or a combination of materials are proposed, submit design calculations signed by a registered engineer showing all member properties, design strengths and any stress increases used with justification for their use. PART 2 - PRODUCTS 2.1 WOOD SHEETING A. Construction wood sheeting may be new or used lumber of a species or grade suitable for the proposed use. The Contractor shall retain full responsibility for the structural integrity and adequacy of the sheeting. �.ff ll U 01362211 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES 02222 - 2 10/11 Lubbock Downtown Redevelopment SGS 2.2 STEEL SHEET PILING A. If steel sheet piling is used, it shall conform to ASTM A328 and consist of rolled sections of the continuous interlocking type. Minimum thickness of the web and flange metal shall be 3/8 inch, unless otherwise approved or specified. Rivet steel and structural material as fabricated connections and accessories shall conform to requirements of ASTM A502 and ASTM A36. All steel sheet piles shall be furnished with standard pulling holes located approximately four inches below the top of the pile. 2.3 TRENCH BOX A. Contractor may use a constructed trench box provided it meets all OSHA requirements for Trench Safety. 2.4 LEAN CONCRETE FLOWABLE FILL A. Meet requirements of Section 02223 — Flowable Fill. 2.5 PIPE BEDDING A. Bedding material shall consist of granular embedment that conforms to the following physical characteristics: Sieve Size (Square Openings) Percent Passing by Weight 3/8 inch 100 No. 200 0 - 12 PART 3 - EXECUTION 3.1 EXCAVATION A. The Contractor shall perform all excavation to the depths shown on the Drawings or as specified. During excavation, materials suitable for backfilling shall be piled a sufficient distance from the banks of the excavation to avoid overloading and to prevent slides and cave-ins. Excavated materials not suitable or required for fill or back -fill shall be removed from the site. All excavation shall be made by open cut. No tunneling shall be done unless shown on the Drawings or approved by the Engineer. B. Excavation shall not be carried below the designated level. except where special bedding is specified or shown on the Drawings. Excess excavation below the designated level shall be backfilled with sand or crushed stone and tamped. Excess excavation for manholes and other structures shall be filled with crushed stone or concrete to the required elevation. C. Trenches shall be only of sufficient width to provide a free working space on each side of the pipe or conduits. Where rights -of -way are available, the top portion of the trenches may be excavated with sloping or vertical sides to any width which will not damage adjoining structures, roadways, pavements, utilities or private property. D. Unstable soil shall be removed and replaced with gravel, which shall be tamped. E. Ground adjacent to all excavations shall be graded to prevent inflow of water. F. The excavation of the trench shall not advance more than 3 blocks ahead of the completed project work. 01362211 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES 02222 - 3 10/11 Lubbock Downtown Redevelopment SGS G. The Contractor shall remove any water accumulated during excavation regardless of source. H. The Engineer shall be notified immediately upon encountering site conditions at variance to those indicated and any active or inactive utility encountered but not indicated on the Drawings. No work shall be done to correct or incorporate unforeseen conditions until written instructions are issued by the Engineer. 3.2 SHEETING AND SHORING A. All excavations shall be properly shored, sheeted and braced or cut back at the proper slope to furnish safe working conditions, to prevent shifting of material, to prevent damage to structures or other work, and to avoid delay to the work, all in compliance with the U.S. Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). Bracing shall be so arranged as not to place any strain on portions of completed work until the general construction has proceeded far enough to provide ample strength. B. Timber sheet piles shall be sharpened in a manner which will assist in holding them in true alignment during driving and the tops shall be protected with caps or other means to prevent damage by the driving equipment. Any pieces damaged or split below the point of cutoff shall be removed and replaced. C. Sheet piles shall be carefully located and driven straight and true to the desired elevation with secure interlocking for the entire length. Damaged piling or one with faulty alignment shall be withdrawn and new piling driven properly in its place. Jetting will not be permitted. Excavation shall not be carried in advance of the steel sheet piling. D. Sheeting and bracing shall be removed as the excavation is refilled in such a manner as to avoid caving in of areas or structures. Voids left by withdrawal of the sheeting shall be carefully filled by ramming. 3.3 GENERAL BACKFILLING A. Prior to backfilling at manholes and other accessories, all forms, trash and debris shall be removed. Backfill material shall be symmetrical on all sides in 8-inch maximum layers. Each layer shall be moisture conditioned, if necessary, and compacted with tampers. B. Where pipe or conduit is not structurally supported, unstable material shall be removed and replaced with flowable fill. Bedding shall be placed as shown on the drawings and shall be constructed of gravel or crushed stone and compacted. The material shall be placed in 6-inch maximum layers and compacted. C. After placement of bedding, pipe and conduits, backfill the trench with flowable fill to the base of the sidewalk trench cap. D. Earth backfill when approved shall be free of stones greater than 4 inches in any dimension, construction debris, topsoil and organics. Acceptable backfill material may be from excavation or borrowed. 3.4 PIPE TRENCH BACKFILLING A. General 1. As soon as practicable after laying and jointing of the pipe and conduit, the completion of bedding, and the completion of structures, the trench shall be backfilled in accordance with these Specifications. 01362211 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES 02222 - 4 10/11 -- Lubbock Downtown Redevelopment SGS 3.5 SUBSURFACE OBSTRUCTIONS A. While excavating, backfilling and laying pipe, care must be taken not to remove, disturb, or injure any existing water, sewer, or gas pipes, or other conduits or structures. If necessary, the Contractor, shall sling, shore up and maintain such structures in operation, and within a reasonable time shall repair any damage done to them. Before final acceptance of the work, he shall return all such structures to original condition. B. The Contractor shall give a minimum of 72 hours notice to the interested utility or utility tunnel of his intention of removing or disturbing any pipes, conduits, etc., and shall abide by their regulations governing such work. In the event that any subsurface structure becomes broken or damaged in the course of the work, the Contractor shall immediately notify the proper authorities, and shall be responsible for all damage to persons or property caused by such damage. C. When pipes or conduits providing services to adjoining buildings are broken during the progress of the work, the Contractor shall repair them at once, or if repaired by the utility involved, shall pay the utility any charges for having such repairs made by the utility. D. Neither Owner nor the Engineer will be liable for any claim made by the Contractor based on underground obstructions being different to that indicated in these contract Documents or Drawings. 3.6 REMOVING AND REPLACING PAVEMENT rr A. In areas where it becomes necessary to remove the existing pavement in order to install the l pipe lines and appurtenances the Contractor shall perform the work in the following manner: 1. Before removing any pavement, the pavement shall be marked for cuts neatly paralleling the pipe lines and spaced the width of the trench. 2. The pavement shall be broken along the marked lines. No pavement shall be pulled out by machine until completely broken and separated along the marked cuts. 3. The pavement adjacent to pipe line trenches must not be disturbed or damaged. If the pavement is disturbed or damaged, due to caving ditch banks, or indiscriminate use of construction machinery, the Contractor shall remove and replace the damaged pavement at his expense. 4. Where pipelines are parallel to and under sidewalks, the Contractor shall remove and replace the sidewalk for its full width up to six feet. 5. The Contractor shall remove and replace or tunnel under any curb encountered. ' B. Restoration of pavement which is under the jurisdiction of a government agency, such as € ' highways, or county roads, shall be done in accordance with that agency's requirements. I Restoration of pavement which is not under the jurisdiction of a government agency shall be done in the following manner: 1. Pavement restoration shall follow closely the backfilling operation. If in the opinion of the Engineer the repaving work is allowed to lay, the Engineer shall order the work stopped on other section of the contract until the pavement restoration is completed within acceptable limits. 02222 - 5 Lubbock Downtown Redevelopment SOS 2. Prior to replacing any pavement the Contractor shall make a final cut not less than nine inches back from the edge of the damaged pavement. This cut shall be made using a rotary saw and the pavement removed using jack hammers. This shall be done in order to provide a firm bench for placement of the new pavement. Pavement replacement shall be done as detailed on the drawings, and shall be replaced with the same type materials and to the same dimensions as existing. 3. Should the replaced pavement fail or settle within one year after the work, the Contractor shall promptly repair or restore such pavement at his own expense. END OF SECTION 01362211 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES 02222 - 6 10/11 ' Lubbock Downtown Redevelopment SGS SECTION 02223 FLOWABLE FILL PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 DESCRIPTION A. Flowable Fill construction shall consist of filling utility trench sections with flowable fill which is a flowable mixture of Portland cement, concrete aggregates, and water. A unique design mix number as defined by the supplier shall identify it for the intended use it will fulfill. Flowable fill is defined as a 2 sack Portland cement mix with coarse aggregate and water. Flowable fill shall be supplied by a commercially recognized supplier. On -site production of flowable fill utilizing native backfill material and or spoil will not be allowed. 1.3 REFERENCES A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. 1. AMERICAN CONCRETE INSTITUTE (ACI) a. ACI 211.1 — (1991; Reapproved 2002) Selecting Proportions for Normal, Heavyweight and Mass Concrete. b. ACI 305 — (Rev 1999) Hot Weather Concreting. C. ACI 318 — (2002) Building Code Requirements for Reinforced Concrete. 2. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) a. ASTM C 31 - (2003) Making and Curing Concrete Test Specimens in the Field. b. ASTM C 33 - (2003) Concrete Aggregates. C. ASTM C 94 - (2004) Ready -Mixed Concrete. d. ASTM C 109 - (2002) Compressive Strength of Hydraulic Mortars ( Using 2-inch or 50 mm Cube Specimens.) e. ASTM C 136 - (2001) Sieve Analysis of Fine and Coarse Aggregates. f. ASTM C 143 - (2003) Slump of Portland Cement Concrete. g. ASTM C 150 - (2004) Portland Cement. h. ASTM C 172 - (1999) Sampling Freshly Mixed Concrete. i. ASTM C 192 - (2002) Making and Curing Concrete Test Specimens in the Laboratory. j. ASTM D 558 - (2003) Test Methods for Moisture Density Relations of Soil Cement Mixtures. k. ASTM D 4832 - (2002) Test Method for Preparation and Testing of Soil Cement Slurry Test Cylinders. 01362211 FLOWABLE FILL 02223 -1 A 10/11 Lubbock Downtown Redevelopment SGS 3. NATIONAL READY -MIXED CONCRETE ASSOCIATION (NRMCA) a. NRMCA CPMB-100 - (12'h Rev 2000) Concrete Plant Standards. b. NRMCA TMMB-01 - (15`s Rev 2001) Truck Mixer and Agitator Standards 1.4 SUBMITTALS A. The following shall be submitted for approval. 1. Mix design for 2-sack flowable fill. 1.5 GENERAL REQUIREMENTS A. Cement Content: The Portland cement content shall be a minimum of 188 pounds of cement per cubic yard, for "two sack flowable fill" for areas as referenced on the contract drawings, or as may otherwise be determined by the Engineer. B. Slump: Slump shall be proportioned to provide a slump of not less than 7 and not greater than 9 inches. Flowable fill shall be a plastic flowable mix that will self consolidate and fill all voids without the use of mechanical consolidation methods. 1.6 PROPORTIONS OF MIX A. Mixture Proportioning: The determination of the flowable fill mix design shall be the responsibility of the Contractor. Trial batches shall contain materials proposed to be used in the project. Trial mixtures having proportions, consistencies suitable for the work shall be made based on methodology described in ACI 211.1. Trial mixtures shall be designed for maximum permitted slump. The temperature, unit weight, slump, yield, moisture content, and mortar cube strength of the flowable fill shall be reported. They shall be tested at 7 and 28 days in accordance with ASTM D 558 B. Compressive Strength: Mortar cube specimens shall be tested in accordance with ASTM C 109. C. Aggregates and Cement: An optimum moisture density relationship for the combined aggregates and cement, proportioned by weight as defined by the proposed blends of the aggregates and cement, shall be determined for the design mix in accordance with ASTM D 558. D. Flowable fill material shall have a minimum compressive strength F',-28 day = 1,200 psi and a maximum compressive strength F'728 day = 2,500 psi. 1.7 STORAGE OF MATERIALS A. Cement shall be stored in weather -tight buildings, bins, or silos, which will exclude 4 moisture and contaminants. Aggregate stockpiles shall be arranged and used in a manner j to avoid excessive segregation and to prevent contamination with other materials or with other sizes of aggregates. �_ Lubbock Downtown Redevelopment SGS 2.2 CEMENTITIOUS MATERIALS A. Cement: ASTM C 150, Type H, low alkali or Type V. Cementitious materials shall each be of one type and from one source. B. Fly Ash: Type F 2.3 AGGREGATES A. Aggregates shall conform to the following: 1. Aggregate: ASTM C 33. 2.4 WATER A. Water for mixing shall be potable. PART 3 - EXECUTION 3.1 PREPARATION OF SURFACES A. Surfaces to receive flowable fill shall be clean and free from frost, ice, mud, and standing water. 3.2 BATCHNG, MIRING AND TRANSPORTING CONCRETE A. Flowable fill material shall be batched, mixed and transported in accordance with ASTM C 94, except as otherwise specified. Truck mixers, agitators, and nonagitating units shall comply with NRMCA TMMB-01, Ready -mix plant equipment and facilities shall be certified in accordance with NRMCA CPMB-100. Batch tickets shall be provided with each truck of flowable fill delivered to the job site. Batch tickets shall reflect all proportions of material and information relative to the mix design utilized, and shall be provided to the Resident Project Representative prior to placement of material. 3.3 SAMPLING AND TESTING A. Sampling and Testing is the responsibility of the Contractor and shall be performed by an f. approved testing agency. (._. B. Aggregates: Aggregate for flowable fill shall be sampled and tested in accordance with ASTM C 136. Gradation tests shall be performed on the first day and every other day ' thereafter during construction. C. Sampling of Flowable Fill: Samples of flowable fill material shall be sampled in accordance with ASTM C 172. Sampling shall be at the discretion of the Engineer. f. 3.4 CONVEYING FLOWABLE FILL A. Flowable Fill shall be conveyed from mixer as rapidly as possible and within the time E interval specified in paragraph 3.5 "FLOWABLE FILL PLACEMENT" by methods, which will prevent segregation or loss of ingredients. iL01362211 FLOWABLE FILL 02223 - 3 ' 10/11 . 1 Lubbock Downtown Redevelopment SGS 3.5 FLOWABLE FILL PLACEMENT A. Flowable fill shall be transported in truck mixers shall be discharged within 1-1/2 hours or before the drum has revolved 300 revolutions, whichever comes first after the introduction of the mixing water to the cement and aggregate or the introduction of the cement to the aggregates. When the flowable fill temperature exceeds 85 degrees F, the time shall be reduced to 45 minutes. B. Placing Operation: Flowable fill shall be handled from mixer to the excavated trench in a continuous manner until the approved unit of operation is completed. There shall be no vertical drop greater than 4 feet. A tremie or other acceptable method shall be used for placement of depths greater than 4 feet. Depositing of the flowable fill shall be so regulated that it will be effectively consolidated in horizontal layers. All necessary precautions shall be taken to prevent pipe flotation. The flowable fill shall be placed from the top of the pipe bedding zone to the springline of the existing utility. Flowable fill shall be a plastic flowable mix that will self consolidate and fill all voids without use of mechanical consolidation methods. Flowable fill shall be allowed to cure for a minimum of 12 hours before backfilling. Flowable fill shall be protected from flooding for at least 12 hours after placement. Flowable fill shall be placed against native undisturbed soil to the limits shown on the drawings. Any necessary placement of flowable fill outside the specified limits shall be at the Contractor's expense. C. Cold Weather Requirements: Special protection measures, approved by the Engineer, shall be used if freezing temperatures are anticipated before the expiration of the specified curing period. The ambient temperature of the air where flowable fill is to be placed and temperature of surfaces to receive flowable fill shall be not less than 40 degrees F. The temperature of the flowable fill when placed shall not be less than 50 degrees F. Heating of the mixing water or aggregates will be required to regulate the placing temperature. Materials entering the mixer shall be free from ice, snow, or frozen lumps. Salt, chemicals or other materials shall not be incorporated in the flowable fill to prevent freezing. D. Warm Weather Requirements: Flowable fill shall be placed in accordance with ACI 305R. END OF SECTION 01362211 FLOWABLE FILL 02223 - 4 10/11 Lubbock Downtown Redevelopment SGS SECTION 02231 AGGREGATE BASE COURSE PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Subgrade. B. Aggregate Base Course. 1.3 RELATED SECTIONS ... A. Section 02513 - Asphaltic Concrete Paving: Base course finish for paving. 1.4 REFERENCES �yJ A. AASHTO M147-65-Materials for Aggregate and Soil Aggregate. } B. Texas Department of Transportation (TXDOT) - Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, 2004. 1.5 SUBMITTALS [.. A. Submit under provisions of Section 01300. B. Test certificates from an approved commercial laboratory shall be furnished on materials covered by this section 30 days prior to construction. g 1.6 QUALITY ASSURANCE A. Testing shall be by standard AASHTO methods. PART2-PRODUCTS t.-. 1... 2.1 MATERIALS Subgrade: 1. Native material free of clay, organic or deleterious material. Base Course: 1. Crusher Run Stone and Binding Material a. Material shall be free of all soil, clay, and other objectionable materials. b. Conformance: TXDOT, Item 247, FLEXIBLE BASE COURSE, Paragraphs 247.2(2)(a), Type A, Grade 3. AGGREGATE BASE COURSE 02231 - 1 Lubbock Downtown Redevelopment SGS PART 3 - EXECUTION 3.1 EXAMINATION A. Verify Subgrade has been inspected, Gradients and elevations are correct and surface is dry. 3.2 PREPARATION A. Maintain and protect existing utilities remaining, which pass through work area. B. Protect bench marks, existing structures, fences, sidewalks, paving, and curbs from construction equipment and vehicular traffic. 3.3 INSTALLATION A. Subgrade 1. Any clay encountered within 2 feet ofthe subgrade surface grade shall be removed from the project site and replaced with suitable material. 2. After the subgrade has been shaped and graded to the elevation shown on the plans, prepare the top 6 inches as a subgrade for the base course as specified herein. The top 6 inches shall be scarified, plowed or otherwise loosened; shall be wetted, shaped and rolled with approved rollers. 3. When the required compaction is achieved, finish the subgrade to the line and grades as shown on the plans or as directed by the Architect. 4. The subgrade shall be kept in good condition as required and shall be safe for traffic until such time as the base course is constructed. Periodically wetting of the subgrade will be required to maintain density and to keep down dust from traffic. B. Base Course: Construction methods shall be in accordance with TXDOT, Items 204, 210, and 216. 3.4 TOLERANCES A. Subgrade 1. Scheduled Compacted Thickness: Within 1/4 inch. 2. Variation from True Elevation: Within 1/2 inch. B. Base Course 1. Flatness: Maximum variation of 1/4 inch as measured with a 10 foot straight edge. 2. Scheduled Compacted Thickness: Within 1/4 inch. 3. Variation from True Elevation: Within 1/2 inch. 3.5 FIELD QUALITY CONTROL A. Perform field density testing for subgrade and base course at a minimum of one test per 500 square yards. B. Work not meeting specified requirements shall be reworked and retested at no cost to the Owner. 01362211 AGGREGATE BASE COURSE 02231 - 2 Lubbock Downtown Redevelopment SGS 3.6 SCHEDULE A. Paved Areas: 1. Subgrade: 6 inch, 95% density, ASTM-13698. 2. Base: Depth as shown on drawings, 98% density, ASTM-13698. END OF SECTION No Text Lubbock Downtown Redevelopment SGS SECTION 02513 ASPHALTIC CONCRETE PAVING PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Asphaltic concrete base and pavement. 1.3 RELATED SECTIONS A. Section 02222 - Excavation, Trenching and Backfilling for Utilities: Compacted trench backfill for subbase for paving. B. Section 02231 - Aggregate Base Course: Subgrade and Base Course for paving. 1.4 SYSTEM DESCRIPTION A. Performance Requirements 1. Paving: Designed for heavy duty access roads and parking. 1.5 REFERENCES A. "Standard Specifications for Construction of Highways, Streets and Bridges, 2004 edition, Texas State Department of Highways and Public Transportation," referred to herein as Tex-SDHPT Spec. B. The Asphalt Institute -Manual MS-4. 1.6 QUALITY ASSURANCE A. Perform work in accordance with Tex-SDHPT Spec and The Asphalt Institute Manual MS-4. B. Source Quality Control 1. Source of asphaltic materials shall not be changed during the course ofthe project except on written permission. C. Material Tests ' - 1. Preconstruction tests of materials shall be required on all items specified herein including aggregate sieve analysis and soil constants. 2. Tests shall not be made more than 30 days prior to beginning of operations and the .. approval shall be secured before the materials are ordered to be shipped. 3. Additional test certificates shall be furnished on all materials and mix design if the material source is changed or if construction tests indicate marked variations from the original tests. If tests reveal that the item tested does not meet the requirements set forth 1. in the specifications, retests shall be made at the Contractor's expense. Lam. 01362211 ASPHALTIC CONCRETE PAVING 02513 - 1 'i 10/11 Lubbock Downtown Redevelopment SGS r_, 1.7 SUBMITTALS A. Materials 1. Source: Notify Engineer in writing of source of asphaltic mixture. 2. Aggregate sieve analysis and soil characters. B. Mix Design 1. Mix design from an approved commercial laboratory or other approved source for Hot Mix Asphaltic Concrete. C. Certificates 1. Test certificates from an approved commercial laboratory or other approved source shall be furnished on all materials proposed for use in this work. 2. Additional test certificates shall be furnished on all materials and mix design if the material source is changed or if construction tests indicate marked variations from the original tests. D. Field test reports required in Paragraph 3.5 herein. 1.8 ENVIRONMENTAL REQUIREMENTS A. Do not place asphaltic materials, when ambient temperature is less than 40 degrees or when surface is wet or frozen. PART 2-PRODUCTS 2.1 MATERIALS A. Flexible Base Course and Subgrade 1. As specified in Section 02231, Aggregate Base Course. B. Asphaltic Mixture 1. Conformance: A.S.S.H.T.O. Specifications AC-20 2. Penetration: Between 85 and 150. 3. Grade: Designated after design tests have been made using the material aggregate that are to be used in the project. C. Tack Coat: Meet requirements for cationic emulsions, asphalt Grade MC-70 or SS 1. D. Prime Coat: Meet requirements of cationic emulsion, cutback asphalt MC-30, blotter sand. E. Mineral Aggregate 1. In conformance with Tex-SDHPT Spec., Item 340, Para. 340.2, Materials, (A), (1) Course Aggregate, (A) (3) Fine Aggregate, (B) Mineral Filler. F. Precast Parking Bumpers: In accordance with the details on the plans and with Section 03300 - Cast -In -Place Concrete for Site Work, including steel rod anchors. G. Pavement Paint: Shall be traffic marking paint, Sherwin-Williams Pro Mar, B29Y2-Yellow, or an approved equal. 2.2 ASPHALT PAVING MIX A. Conform to Tex-SDHPT Spec., Item 340, para. 340.4(A) Mixture Design, Type D, as shown on drawings. 01362211 ASPHALTIC CONCRETE PAVING 02513 - 2 10/11 Lubbock Downtown Redevelopment SGS PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that compacted granular base is dry and ready to support paving and imposed loads. B. Verify grades and elevations of finished subgrade and base course are correct. C. Beginning installation indicates Contractor's acceptance of existing conditions. 3.2 PREPARATION A. Protection of Structures: Protect final exposed surfaces of inlets, manholes, gutters, curbs and adjacent concrete paving from application of tack coat. Do not apply tack coat to these surfaces to be exposed to view. B. Thoroughly clean pavement surfaces to receive pavement markings of all dirt, organic growth, or other material that will prevent adhesion of paint to pavement surface. 3.3 INSTALLATION A. Prime Coat: Apply to finished aggregate base course at a rate of 0.10 to 0.35 gallon per square yard. B. Tack Coat: Apply to existing pavement to be overlaid at a rate of 0.05 to 0.10 gallons per square yard. 1. Apply Tack Coat to edges of adjacent pavement, concrete curbs, and inlets. C. Asphaltic Concrete 1. Place Asphaltic Concrete within 24 hours of application of Tack Coat. 2. Place to 2 inch compacted thickness or as shown on drawings. 3. Compact pavement by rolling. Do not displace or extrude pavement from position. Hand compact in areas inaccessible to rolling equipment. 4. Develop rolling with consecutive passes to achieve even and smooth finish, without roller marks. 5. Stockpiling, storage, proportioning and mixing shall be in accordance with Tex-SDHPT-Spec. Item 340, para. 340.4 construction. D. Parking Bumpers 1. Install precast concrete parking bumpers and secure with steel rods. E. Pavement Paint 1. Apply pavement paint as shown on the drawings as follows: a. Parking spaces. b. No -parking zones. C. Fire lanes. 2. The Contractor shall use a crew experienced in the work of installing pavement markings and in the necessary traffic control for such operations on the pavement surface and shall supply all the equipment, personnel, traffic control, and materials necessary for the placement of the pavement markings as shown on the drawings. 3. The pavement markings shall be placed in the proper alignment with guides established on the roadway. Deviation from the alignment established shall not exceed two inches nor shall any deviation be abrupt. 4. Materials used for pilot markings and equipment used to place such markings shall be approved by the Engineer. 01362211 ASPHALTIC CONCRETE PAVING 02513 - 3 Lubbock Downtown Redevelopment SGS 5. Paint markings on the pavement that are not in alignment or sequence, as shown on the plans or as stated in this specification, shall be totally and completely removed by any effective method approved by the Engineer except that grinding will not be permitted. 6. Paint shall be applied at a rate of not less than 15 gallons no more than 20 gallons per mile of solid four -inch stripe. (These rates yield wet film thicknesses form 15 to 20 mils). 7. Applied markings shall be protected from traffic until they have dried sufficiently so as not to be damaged or tracked by normal traffic movements. 8. Equipment: The equipment shall be capable of placing lines of all widths with clean edges and of uniform cross-section. Four -inch lines shall be four inches plus or minus 1/8 inch. 9. The equipment shall be equipped with an outrigger or outriggers as required to place edgelines as called for in the plans. 10. Paint pots or tanks shall be equipped with an agitator that will keep the paint thoroughly mixed and may be either a pressurized or non -pressurized type. 3.4 ADJUSTING AND CLEANING A. After placement of wearing course, clean up and remove from site all debris resulting from construction of work. B. Areas which have been disturbed during the construction, shall be raked or graded as required and left in a clean and neat condition. C. Gutters shall be cleaned of all dirt, aggregate, or other materials which would clog the gutter. D. The entire premises of the work shall be left in a clean condition satisfactory to the Engineer, and all costs of a cleanup shall be borne by the Contractor. 3.5 FIELD QUALITY CONTROL A. The surface course as shown on the plans shall be composed of a compacted mixture of mineral aggregate and asphaltic material. The mixture produced should have the following laboratory density and stability: Density, Percent Stability, Percent Min Max. Optimum 94 99 97 Not less than 30, unless otherwise shown on plans. This pavement shall be constructed on the previously completed and approved subgrade and base, as herein specified and in accordance with the details shown on the plans. B. Thickness: One core sample per 1500 square yards of paving shall be taken to determine conformance with thickness specified. C. Compaction: Density tests will be performed at a rate of 1 test per 1,000 square yards. D. Tolerances 1. Surface Tests: The finished pavement surface shall be smooth and true to the established line grade and cross section. 2. When tested with a 10 foot straight edge placed parallel to the centerline of the roadways or parking area. The maximum deviations shall not exceed 1/4 inch at any point. 3. Any point in the surface not meeting those requirements shall be immediately corrected. 01362211 ASPHALTIC CONCRETE PAVING 02513 - 4 10/11 j� , No Text ,.n .,�.....,.. a ...� ...�.. ,.„y � ..,.. �.�.. a. � - r..,,.�.,_...,., ._..y A_ wm.®w� 'we®-eo ,..d „_..._.. dwm�o�w.»,�.rd � �aw.^ay.+��v � �w,»w.�.�...w..✓ 1 J 1 Lubbock Downtown Development SGS SECTION 02518 CONCRETE PAVERS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. Concrete paver units. B. Bedding and joint sand. 1.3 REFERENCES A. American Society of Testing and Materials (ASTM): 1. C 33, Specification for Concrete Aggregates. 2. C 136, Method for Sieve Analysis for Fine and Coarse Aggregate. 3. C 144, Standard Specification for Aggregate for Masonry Mortar. 4. D 698, Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 5.5-lb Rammer and 12 in. drop. 5. D 1557, Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 10-lb Rammer and 18 in. drop. 6. D 2940, Graded Aggregate Material for Bases or Subbases for Highways or Airports. 1.4 QUALITY ASSURANCE A. Installation shall be by a contractor and crew with at least one (1) year of experience in placing interlocking concrete pavers on projects of similar nature or dollar cost. B. Installation Contractor shall conform to all local, state/provincial licensing and bonding requirements. 1.5 SUBMITTALS A. Submit sieve analysis for grading of bedding and joint sand. 1.6 DELIVERY, STORAGE, AND HANDLING A. Unload pavers at job site in such a manner that no damage occurs to the product. B. Sand shall be covered with waterproof covering to prevent exposure to rainfall or removal by wind. The covering shall be secured in place. C. Coordinate delivery and paving schedule to minimize interference with normal use of buildings adjacent to paving. Lubbock Downtown Development SGS 1.7 ENVIRONMENTAL CONDITIONS A. Do not install sand or pavers during heavy rain or snowfall. B. Do not install sand and pavers over frozen base materials. C. Do not install frozen sand. PART 2 - PRODUCTS 2.1 CONCRETE PAVERS A. Salvaged brick pavers removed for this project, or obtained from Owner if number of satisfactory brick pavers is not sufficient. 2.2 VISUAL INSPECTION A. All units shall be sound and free of defects that would interfere with the proper placing of unit or impair the strength or permanence of the construction. B. Minor cracks incidental to the usual methods of manufacture, or chipping resulting from customary methods of handling and delivery, shall not be deemed grounds for rejection. 2.3 BEDDING AND JOINT SAND A. Bedding and joint sand shall be clean, non -plastic, free from deleterious or foreign matter. The sand shall be natural or manufactured from crushed rock. Limestone screenings or stone dust shall not be used. When concrete pavers are subject to vehicular traffic, the sands shall be as hard as practically available. B. Grading of sand samples for the bedding course and joints shall be done according to ASTM C136. The bedding sand shall conform to the grading requirements of ASTM C 33 as shown in Table 1. Table 1 Grading Requirements for Bedding Sand ASTM C 33 Sieve Size Percent Passing 3/8 in. (9.5 mm) 100 No. 4 (4.75 mm) 95 to 100 No. 8 (2.36 mm) 85 to 100 No. 16 (1.18 mm) 50 to 85 No. 30 (600 µm) 25 to 60 No. 50 (300 µm) 10 to 30 No. 100 (150 µm) 2 to 10 01362211 CONCRETE PAVERS 02518 - 2 10/11 Lubbock Downtown Development SGS C. The joint sand shall conform to the grading requirements of ASTM C 144 as shown in Table 2 below: Table 2 Grading for Joint Sand ASTM C 144 Sieve Size Natural Sand Percent Passing No. 4 (4.75 mm) 100 No. 8 (2.36 mm) 95 to 100 No. 16 (1.18 mm) 70 to 100 No. 30 (600 µm) 40 to 75 No. 50 (300 µm) 10 to 35 No. 100 (150 µm) 2 to 15 No. 200 (75 µm) 0 PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that subgrade preparation, compacted density and elevations conform to the specifications. Compaction of the soil subgrade shall be at least 95% Standard Proctor Density per ASTM D 698. B. Verify that aggregate base materials, thickness, compaction, surface tolerances, and elevations conform to the specifications. C. Verify location, type, installation and elevations of edge restraints around the perimeter area to be paved. D. Verify that base is dry, uniform, even, and ready to support sand, pavers, and imposed loads. 3.2 INSTALLATION A. Spread the sand -evenly over the base course and screed to a nominal 1 in. (25 mm) thickness, not exceeding 1-1/2 in. thickness. The screeded sand should not be disturbed. Place sufficient sand to stay ahead of the laid pavers. Do not use the bedding sand to fill depressions in the base surface. B. Ensure that pavers are free of foreign materials before installation. C. Lay the pavers in the pattern matching existing pavers. Maintain straight pattern lines. D. Joints between the pavers on average shall be between 1/16 in. and 3/16 in. wide. E. Fill gaps at the edges of the paved area with cut pavers or edge units. F. Cut pavers to be placed along the edge with a double blade paver splitter or masonry saw. Lubbock Downtown Development SGS G. Use a low amplitude, high frequency plate vibrator to vibrate the pavers into the sand. Use Table 3 below to select size of compaction equipment: H. I. J. K. L. M. N. Table 3 Paver Thickness Minimum Centrifugal Compaction Force 2.36" 3000 lbs. 3.14" 5000 lbs. Vibrate the pavers, sweeping dry joint sand into the joints and vibrating until they are full. This will require at least two or three passes with the vibrator. Do not vibrate within 3 ft. of the unrestrained edges of the paving units. All work to within 3 ft. of the laying face must be left fully compacted with sand -filled joints at the completion of each day. Sweep off excess sand when the job is complete. The final surface elevations shall match adjacent existing pavers. The final surface elevations, shall not deviate more than 3/8 in. under a 10 ft. long straightedge. The surface elevation of pavers shall be 1/8 in. to 1/4 in. above adjacent drainage inlets, concrete collars or channels. The resanding as necessary of paver joints shall be accomplished by contractor for a period of 90 days after completion of work. 3.3 FIELD QUALITY CONTROL A. After removal of excess sand, check final elevations for conformance to these specifications. END OF SECTION 01362211 CONCRETE PAVERS 02518 - 4 10/11 Lubbock Downtown Redevelopment SGS SECTION 02521 CONCRETE PAVEMENTS, CURBS, GUTTERS AND SIDEWALKS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Curb and gutter, concrete valley gutters, concrete fillets, concrete driveways, sidewalks, and miscellaneous concrete paving work. 1.3 RELATED SECTIONS A. Section 02231 - Aggregate Base Course: Base preparation. B. Section 02513 - Asphaltic Concrete Paving- Adjacent construction. C. Section 02764 - Pavement Joint Sealants: Joint sealants used in concrete joints. 1.4 REFERENCES A. ASTM A185. B. ASTM A615 - Deformed Billet -Steel Bars for Concrete Reinforcement. C. ASTM C-33 - Standard Specification for Concrete Aggregates. D. ASTM C-40. E. ASTM C 94- Standard Specification for Ready -Mixed Concrete. F. ASTM C-150 - Standard Specification for Portland Cement. G. ASTM C-309 - Standard Specification for Liquid Membrane -Forming Compounds for Curing Concrete. H. AASHTO T-104. I. AASHTO T-96. J. ACI Manual of Standard Practice. K. ACI Detailing Manual. L. ASTM D1557 - Laboratory Compaction Characteristics of Said Soil Using Modified Effort. M. ASTM D 1751- Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types). 1.5 SUBMITTALS A. Certificates: 1. The Contractor shall furnish results of tests made by a competent commercial laboratory on each material source he proposes to use before start of construction and material shall not be shipped until such results have been examined by the Engineer and the source of material approved. Laboratory mix designs and conformation cylinders will not be required for this project. However, the proposed mix for each class of concrete shall be submitted to the Engineer for approval prior to placing any concrete. The cost of all 01362211 : CONCRETE PAVEMENTS, CURBS, GUTTERS AND SIDEWALKS 02521 - 1 f I ... 1 U,11 _. ... -.. _ Lubbock Downtown Redevelopment SGS pre -construction tests shall be borne by the Contractor. Additional test certificates shall be furnished on the aggregate if the material source is changed. B. Curb and Gutter Cross -Section 1. Should the Contractor desire to use metal templates which differ slightly from the sections shown on the plans, such templates or drawings thereof shall be submitted for approval. Slight differences which will not affect the general appearances of the curb and gutter sections will be approved but no forms or templates shall be used which have not a s been approved by the Engineer. 2. Furnish, shall conform to provisions of Plant tests and certificates of conformity with specifications with each carload of cement. �. C. Curing 1. The materials and method of application shall be approved by the Engineer before concrete placement begins. 1.6 QUALITY CONTROL A. Concrete shall not be placed when the temperature is less than 40' F. and under no circumstances shall it be placed on frozen ground. B. All reinforcement shall be permanently marked with grade identification marks or shall, on delivery, be accompanied by a manufacturer's guarantee of grade and compliance with these specifications. C. Templates shall be maintained in good condition and warped or bent templates shall not be used. 1.7 DELIVERY, STORAGE, AND HANDLING A. Cement delivered in bags shall be marked plainly with the brand name of the manufacturer and a bag shall contain ninety-four (94) pounds of cement. Cement from different mills, though tested and approved, shall not be mixed. Cement shall be stored and handled in manner which will protect it from dampness and any cement which has become partially set or which contains hard lumps or cakes shall not be used. B. Reinforcement stored on the site shall be protected for accumulations of grease mud or other foreign matter and from rust producing conditions. Bars shall be free from rust, scale, oil, mud or structural defects when incorporated in the structures. PART 2 - MATERIALS 2.1 FORMS A. Curb and Gutter Forms: 1. Straight Sections: Rigid metal forms, straight, free of warp and of a depth equal to depth of the concrete section formed. The forms shall consist of a back form and gutter form with steel templates. 2. Radius Sections: Flexible steel forms.... 3. Templates: Steel templates shall have the shape of the cross-section of the curb and gutter except the bottom portion of the template shall be cut away to allow for a solid t... mass of concrete. An acceptable shape is shown on a detail sheet of the plans; however, other shapes may be used upon submission of a design and the approval ofthe Engineer. 01362211 CONCRETE PAVEMENTS, CURBS, GUTTERS AND SIDEWALKS 02521 - 2 10/11 ..... .. ......... .........- ................... ............ .... ...... Lubbock Downtown Redevelopment SGS B. Machine Laid Curb and Gutter 1. The concrete curb and gutter sections may be formed with a curb and gutter laydown machine, provided the machine is capable of laying the curb and gutter to the proper grade, alignment and cross-section, and is equipped with adequate vibrators to produce a dense concrete free of honeycombs. 2. Laydown machines that cannot meet the above requirements will not be acceptable for use. C. Sidewalk Forms. 2.2 CONCRETE MATERIALS A. Cement: ASTM C-150, Type I or ASTM C-150, Type 111, High Early Strength Cement with approval by the Engineer. B. Fine Aggregate: Natural sand or mixture of such sands, consisting of clean, hard, durable uncoated grains, free from lumps. Deleterious substances shall not exceed the following percentages by weight: t, Material removed by decantation ................ 3.0% ClayLumps ................................................ 0.5% Other deleterious substances such as coal, shale coated grains and soft flaky particles. 3.0% 1. The aggregate shall be free from a harmful amount of salt or alkali and, when subjected to the color test for organic impurities shall not have a color darker than Fig. No. 2 (Test in accordance with A.S.T.M. Designation C-40). 2. Material which contains frozen lumps or wood, hay, burlap, paper, dirt or other foreign matter mixed with the aggregate in stock piles or in handling shall not be used. 3. Fine aggregate shall be well graded from fine to coarse and shall meet the following requirements (ASTM C-33): Retained on 3/8" Sieve ........................ 0% Retained on No. 4 Sieve ................. 0 - 5% Retained on No. 16 Sieve........... 20 - 55% Retained on No. 30 Sieve........... 45 - 75% Retained on No. 50 Sieve........... 70 - 90% Retained on No. 100 Sieve....... 98 -100% C. Coarse Aggregate: Crushed stone, gravel, or crushed gravel, or any combination of them, composed of hard, tough and durable particles free from adherent coating, free of salt, alkali, vegetable matter and soft, friable, thin or elongated particles and the substances listed below shall not be present in excess of the amounts indicated: Soft Fragments..............................2% by weight Clay Lumps..............................0.25% by weight Removed by decantation .......... * 1.5% by weight (*'/z percent if consisting essentially of crusher dust) The total deleterious substances shall not exceed 5% by weight ` 01362211 CONCRETE PAVEMENTS, CURBS, GUTTERS AND SIDEWALKS 02521 - 3 10/11 i_ Lubbock Downtown Redevelopment SGS 2.3 1. Grading of coarse aggregate shall conform to the following requirements (ASTM C-33 Size No. 57): Maximum size -1-inch sieve Retained on 1-3/4" sieve ..................... 0% Retained on 1-1/2" sieve ................ 0 - 5% Retained on 3/4" sieve ...............10 - 40% Retained on 1/2" sieve ............... 40 - 75% Retained on No. 4 sieve ........... 95 - 100% 2. The coarse aggregate shall not show evidence of disintegration, nor show a total loss greater than eighteen (18) percent when subjected to five cycles of the sodium sulphate accelerated soundness test using AASHTO Designation T-104. 3. The percentage of wear shall not be more than 45 at 500 revolutions as determined by AASHTO Designation T-96. D. Water: Fresh, clean and free from injurious amounts of oil, acid, alkali or organic matter. The Contractor will provide at his expense the transportation of the water from the City mains to the places where it is to be used. E. Reinforcing 1. Bar Reinforcement a. Deformed Bars: ASTM A615, Grade 60. b. Plain Bars: ASTM A306, Grade 60. 2. Mesh Reinforcement: ASTM A 185, spacing and wire gauge as shown on the drawings. 3. Fiber Reinforcing: "Fiber Mesh" or "Caprolan RC" or approved equal. F. Expansion joint material shall be an approved preformed bituminous impregnated non -extruding type jointing material, 1/2" thick (3/4" thick for machine laid curb and gutter), and shaped to the section of the curb and gutter, or concrete drainage apron. G. Fabrication and Placing 1. Accurately fabricate to the dimensions and shapes shown on the drawings in accordance with ACI Manual of Standard Practice unless variations are specifically shown on the drawings. PROPORTIONING A. The exact amounts of all material entering into the concrete shall be determined in the field in order to produce the desired durability, density, uniformity, workability and the specified strength. All materials shall be measured separately by methods, satisfactory to the Engineer, which will permit control of the concrete and production of a product of uniform quality. Particular care shall be used in measuring cement and water. One bag of cement will be considered as ninety-four (94) pounds and one gallon of water as eight and thirty-three one -hundredths (8.33) pounds. Water contained in the aggregates shall betaken into account in calculating the amount of water to be added to the mixture. The percentage of fine aggregate to total aggregate shall be between 33% and 45%. 01362211 CONCRETE PAVEMENTS, CURBS, GUTTERS AND SIDEWALKS 02521 - 4 10/11 Lubbock Downtown Redevelopment SGS B. Concrete for the designated uses shall conform to the following: Max. Water Content Min. Cement Content Compressive U.S. Gallons 94-lb. Sacks Strength, Lbs. Per Sack of Cement Per Cu. Yd. Per Sq. In. Concrete Pavement, Curb and Gutter, Gutter, Concrete Valley Gutters and Misc. Concrete Work 0.5 5.0 4000 at 28 days 2.4 MIXING A. Mix concrete in an approved batch type mixer equipped with a device for measuring the water which is accurate to within two percent (2%). B. Minimum time for mixing each batch after all ingredients are in the mixer: One and one-half (1-1/2) minutes. C. The speed of the mixer shall not exceed that recommended by the manufacturer. D. Excessive overmixing, requiring the addition of water to preserve the required consistency, will not be permitted. E. Discard concrete not in place within 45 minutes from the time of charging the drum, or which has developed initial hardening. F. Transit mixed concrete conforming to ACI 94 will be acceptable. G. Mix concrete for use in a curb and gutter laydown machine as specified above, and as required to form curb and gutter section with the laydown machine. Accurately control slump of concrete to prevent sagging or slumping of curb section behind laydown machine. Batches with excessive slump will be rejected. PART 3 - EXECUTION 3.1 PREPARATION A. Before placing concrete, sprinkle subgrade or base surface so that it is in a thoroughly moistened condition (but not muddy). B. Complete preparation of curb and gutter subgrade at the time subgrade is constructed for ` adjacent street section. C. Oil forms with a light oil before each use and clean forms which are to be reused immediately after use. 3.2 EXCAVATION AND GRADING A. Conform to lines and grades shown on drawings or as established in field for excavation or embankment for curb, gutter, combined curb and gutter, and other miscellaneous concrete work. B. Extend street subgrade six (6) inches beyond the back of curb and compact to 95% of maximum density as determined by ASTM D698. 01362211 CONCRETE PAVEMENTS, CURBS, GUTTERS AND SIDEWALKS 02521 - 5 10/11 Lubbock Downtown Redevelopment SGS C. Where finished street subgrade is more than three (3) inches below bottom of proposed curb �$ f grade, fill with compacted caliche base to bring subgrade up to required bottom of curb elevation. t D. Where curb, gutter and combined curb and gutter pavement is on fill, place material in layers and compact, by appropriate methods, equal to that specified in Section 02230 - Aggregate Y Base Course. f tPo. 3.3 FORMS A. Construct forms accurately to line and grade as established in the field and adequately brace so {� that they will not move during placing of the concrete. B. Leave forms in place at least twelve (12) hours after placing of concrete. C. Use flexible sheet steel forms for curb and gutter on curves with a radius of 130 feet or less. 3.4 JOINTS A. Expansion Joints: Provide an expansion j oint at tangent point of each return at intersections, at intervals of not more than forty feet (40') between intersections (odd length sections as directed by Engineer), and at end of each day's concrete pour. B. Construction or Contraction Joints 1. Locate at I0-foot intervals, or at each template or as directed by Engineer. 2. Form construction or contraction joints for curb and gutter poured in metal forms using metal template plates accurately shaped to cross-section shown on drawings plans and so constructed that they can be removed during finishing operations. C. Place all joints perpendicular to surface of concrete and to axis of section. D. In machine laid curb and gutter make contraction joints at 10-foot intervals by cutting into the curb and gutter sections with a trowel a depth of approximately 2'; finish joints as specified under finishing. Place expansion j oints at end returns, but not to exceed a maximum spacing of one hundred feet (100% and at the end of each day's concrete pour. 3.5 REINFORCING A. Fiber reinforcing is required for all concrete exposed to weather. B. Hold bars rigidly in place with approved metal devices in accordance with the ACI Detailing Manual. C. Provide 2 inches of concrete cover for bars in slabs unless otherwise noted on the drawings. D. Where details on splices are not shown or where unanticipated splices are required, make in a region of minimum stress and of lap length as required by ACI Code. 3.6 CONCRETE A. Deposit in place in such a manner as to require minimum of re -handling and place in a manner which will produce a uniformly dense section, free of honeycomb or other voids, conforming to grade, thickness, and shapes shown on drawings. B. Thoroughly spade or vibrate concrete adjacent to forms or joints in order to eliminate honeycombing. C. Accurately shape curb and gutter, gutter, concrete valley gutters, fillets, and other miscellaneous concrete work to cross section shown on drawings or approved by Engineer. Lubbock Downtown Redevelopment SGS 3.7 FINISHING A. Finished to a surface of uniform texture by floating with a wood float and troweling. 1. Light to Medium Broom Finish: For concrete sidewalks. 2. Medium -to -Coarse -Textured Broom Finish: For concrete pavement and driveways, provide a medium -to -coarse finish by dragging float -finished concrete surface 1/16 to 1/8 inch deep with a stiff -bristled broom, perpendicular to line of traffic. B. Finish both sides of all joints, lip of gutter, and back edge of curb with an approved edging tool before final brushing. C. Provide final finishing with a brush using a continuous stroke from back of curb to lip of gutter. D. Accurately shape and finish curves at top and bottom of curb sections to present a uniform appearance without "waves" in face of curb or "pockets" in gutters or slabs. E. Exercise particular care at valley gutters, both in setting forms and finishing, to insure that shape of gutter conforms to details of drawings and that no water pockets will be formed in gutter of pavement. F. At construction and contraction joints cut mortar full width of joint, and neatly finish with an approved edging or grooving tool of such design to groove the j oint approximately 2" in depth. G. Neatly form and finish construction and contraction joints in machine laid curb and gutter with an approved edging or grooving tool of such design to groove the joint approximately 2" in depth. 3.8 PROTECTING AND CURING A. Burlap Method 1. Cover all concrete work with burlap or other suitable material as soon as it has set sufficiently to prevent marking and keep wet continuously for at least four (4) days. B. Care shall be taken to prevent mechanical injury to concrete work during this period and until the work is accepted. C. All work damaged prior to acceptance shall be repaired to the satisfaction of the Engineer. D. Curing Compound Method 1. In lieu of the above method of curing, the curb and gutter may be cured by applying a liquid membrane coating, conforming to ASTM C-309, to all exposed surfaces as soon as concrete has set sufficiently. 2. Apply membrane to back and front of concrete curb and gutter as soon as forms have been removed. 3.9 PROTECTION A. Provide suitable means to prevent concrete from freezing for not less than 72 hours after placing. Remove and replace all concrete damaged by freezing. The addition of any admixture of chemicals to the concrete to prevent freezing shall not be allowed, unless specifically approved by the Engineer. B. Provide suitable means to protect freshly poured concrete from rain damage. Keep such means readily accessible at all times during placement of concrete. C. Care shall be taken during the backfill and cleanup process not to scrape, chip, crack or otherwise damage the concrete including tire marks from equipment or trucks. All damaged concrete will be removed and replaced at the expense of the Contractor. Lubbock Downtown Redevelopment SGS 3.10 REMOVAL OF CONCRETE CURB, GUTTER, SIDEWALKS AND DRIVEWAYS A. The removal of all curbs, gutters, sidewalks and driveways that are required for the construction of the improvements as shown on the plans or as directed by the Engineer shall be removed and disposed of by the Contractor and no separate payment will be made for this item of work. B. Remove sidewalks, driveways, curb and gutter to the limits as directed by the Engineer, and saw cut with a concrete saw unless the concrete is being removed to an existing construction joint. 3.11 DEFECTIVE WORK A. Removed and replace all defective work disclosed after forms have been removed. B. Defective work includes, but is not limited to deficient dimensions, section not constructed to the proper grade, concrete surface bulged, uneven, or shows honeycomb, which in the opinion of the Engineer cannot be repaired satisfactorily. 3.12 BACKFILLING A. Backfill behind and adjacent to all concrete work including curb, gutter, sidewalks, drives, drainage structures and other miscellaneous concrete work using good quality topsoil free from organic material such as leaves, grass, roots and other unsuitable materials and free of rocks or stones. B. Provide a smooth, even slope between property line grade and top of curb or other concrete structure. C. Compact backfill behind curb and gutter to at least density of undisturbed natural ground in adjacent area. 3.13 ADJUSTING AND CLEANING A. Patch all honeycombed places in the back of the curb or face of gutter as directed by the Engineer. END OF SECTION 01362211 CONCRETE PAVEMENTS, CURBS, GUTTERS AND SIDEWALKS 02521 - 8 10/11 Lubbock Downtown Redevelopment SGS SECTION 02764 PAVEMENT JOINT SEALANTS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Expansion and contraction joints within portland cement concrete pavement. B. Joints between portland cement concrete and asphalt pavement. 1.3 RELATED SECTIONS A. Section 02513 - Asphaltic Concrete Paving. B. Section 02521 - Concrete Pavements, Curbs, Gutters and Sidewalks. 1.4 REFERENCES A. ASTM C 1193 - Use of Joint Sealants. B. ASTM D 5249 - Backer Material for Use With Cold -and -Hot -Applied Joint Sealants in Portland Cement Concrete and Asphalt Joints. C. ASTM D 1751 - Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types). D. ASTM D 3405 - Joint Sealants, Hot Applied, for Concrete and Asphalt Pavements. E. ASTM D 3406 - Joint Sealant, Hot Applied, Elastomeric Type, for Portland Cement Concrete Pavements. F. ASTM C 920 - Elastomeric Joint Sealants. 1.5 SUBMITTALS A. Product Data: For each joint -sealant product indicated. B. Samples for Verification: For each type and color of joint sealant required. Install joint -sealant samples in 1/2-inch wide joints formed between two 6-inch long strips of material matching the appearance of exposed surfaces adjacent to joint sealants. C. Product Certificates: Signed by manufacturers of joint sealants certifying that products furnished comply with requirements and are suitable for the use indicated. D. Compatibility and Adhesion Test Reports: From joint sealant manufacturer indicating the following: 1. Materials forming joint substrates and joint -sealant backer materials have been tested for compatibility and adhesion with joint sealants. 2. Interpretation of test results and written recommendations for primers and substrate preparation needed for adhesion. E. Product Test Reports: From a qualified testing agency indicating joint sealants comply with requirements, based on comprehensive testing of current product formulations. 01362211 PAVEMENT JOINT SEALANTS 02764 - 1 10/11 } Lubbock Downtown Redevelopment ' P � SGS 1.6 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has specialized in installing joint sealants similar in material, design, and extent to those indicated for this Project and whose work has resulted in joint -sealant installations with a record of successful in-service performance. B. Source Limitations: Obtain each type of joint sealant through one source from a single manufacturer. C. Product Testing: Obtain test results for "Product Test Reports" Paragraph in "Submittals" Article from a qualified testing agency, based on testing current sealant formulations within a 36-month period. 1. Testing Agency Qualifications: An independent testing agency qualified according to ASTM C 1021 to conduct the testing indicated, as documented according to ASTM E 548. 2. Test joint sealants for compliance with requirements indicated by referencing standard specifications and test methods. D. Preconstruction Compatibility and Adhesion Testing: Submit to joint sealant manufacturer, for testing indicated below, samples of materials that will contact or affect joint sealants. 1. Use manufacturer's standard test methods to determine whether priming and other specific joint preparation techniques are required to obtain rapid, optimum adhesion of joint sealants to joint substrates. 1.7 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to Project site in original unopened containers or bundles with labels indicating manufacturer, product name and designation, color, expiration date, pot life, curing time, and mixing instructions for multicomponent materials. B. Store and handle materials to comply with manufacturer's written instructions to prevent their deterioration or damage due to moisture, high or low temperatures, contaminants, or other causes. 1.8 PROJECT CONDITIONS A. Environmental Limitations: Do not proceed with installation of joint sealants under the following conditions: 1. When ambient and substrate temperature conditions are outside limits permitted by joint sealant manufacturer. 2. When joint substrates are wet. 3. When blowing dust conditions exist. B. Joint -Width Conditions: Do not proceed with installation of joint sealants where joint widths are less than that allowed by joint sealant manufacturer for application indicated. C. Joint -Substrate Conditions: Do not proceed with installation of joint sealants until contaminants capable of interfering with their adhesion are removed from joint substrates. 01362211 10/11 PAVEMENT JOINT SEALANTS 02764 - 2 Lubbock Downtown Redevelopment SGS PART2-PRODUCTS 2.1 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, backing materials, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by joint sealant manufacturer based on testing and field experience. B. Bituminous pre -molded expansion joint shall conform to ASTM D 1751. C. Elastomeric sealant for contraction joints shall be, or shall be equivalent to, W.R. Meadows "SOF-SEAL" or "Gardox". 1. Hot poured sealant for joints between portland cement concrete and bituminous concrete shall conform to ASTM D 3405. 2. Hot poured sealant for all other joints in portland cement concrete pavement shall conform to ASTM D 3406. 3. Cold poured joint sealant shall conform to ASTM C 920. D. Mix material in accordance with manufacturer recommendations. 2.2 JOINT -SEALANT BACKER MATERIALS A. General: Provide joint -sealant backer materials that are nonstaining; are compatible with joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by joint sealant manufacturer based on field experience and laboratory testing. B. Round Backer Rod for Cold- and Hot -Applied Sealants: ASTM D 5249, Type 1, of diameter and density required to control sealant depths and prevent bottom -side adhesion of sealant. C. Backer Strips for Cold- and Hot -Applied Sealants: ASTM D 5249; Type 2; of thickness and width required to control sealant depths, prevent bottom -side adhesion of sealant, and fill remainder of joint opening under sealant. D. Round Backer Rods for Cold -Applied Sealants: ASTM D 5249, Type 3, of diameter and density required to control sealant depths and prevent bottom -side adhesion of sealant. 2.3 PRIMERS A. Primers: Product recommended by joint sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint- sealant - substrate tests and field tests. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting joint -sealant performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 01362211 PAVEMENT JOINT SEALANTS 02764 - 3 10/11 Lubbock Downtown Redevelopment SGS 3.2 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint sealant manufacturer`s written instructions. B. Joint Priming: Prime joint substrates where indicated or where recommended in writing by joint sealant manufacturer, based on preconstruction joint -sealant -substrate tests or prior experience. Apply primer to comply with joint sealant manufacturer's written instructions. Confine primers to areas of joint -sealant bond; do not allow spillage or migration onto adjoining surfaces. 3.3 INSTALLATION OF JOINT SEALANTS A. General: Comply with joint sealant manufacturer's written installation instructions applicable to products and applications indicated, unless more stringent requirements apply. B. Sealant Installation Standard: Comply with recommendations of ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. C. Install backer materials of type indicated to support sealants during application and at position required to produce cross -sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. 1. Do not leave gaps between ends of backer materials. 2. Do not stretch, twist, puncture, or tear backer materials. 3. Remove absorbent backer materials that have become wet before sealant application and replace them with dry materials. D. Install sealants by proven techniques to comply with the following and at the same time backings are installed: 1. Place sealants so they directly contact and fully wet joint substrates. 2. Completely fill recesses provided for each joint configuration. 3. Produce uniform, cross -sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. E. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. 1. Remove excess sealants from surfaces adjacent to joint. 2. Use tooling agents that are approved in writing by joint sealant manufacturer and that do not discolor sealants or adjacent surfaces. F. Provide joint configuration to comply with joint sealant manufacturer's written instructions, unless otherwise indicated. G. Provide recessed joint configuration for silicone sealants of recess depth and at locations indicated. 3.4 CLEANING A. Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved by manufacturers of joint sealants and of products in which joints occur. 01362211 PAVEMENT JOINT SEALANTS 02764 - 4 10/11 .1. Lubbock Downtown Redevelopment SGS 3.5 PROTECTION A. Protect joint sealants during and after curing period from contact with contaminating substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately so installations with repaired areas are indistinguishable from the original work. END OF SECTION 01362211 PAVEMENT JOINT SEALANTS 02764 - 5 10/11 No Text Lubbock Downtown Redevelopment SGS SECTION 03241 FIBROUS CONCRETE REINFORCEMENT FOR SITE WORK PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. This section covers Fibrous Concrete Reinforcement, including all materials, labor, equipment and services necessary to complete this work. Fibrous Concrete Reinforcement will be used on sidewalks and steps as well as curb and gutter. 1.3 RELATED SECTIONS A. Concrete Sidewalks. B. Concrete Curbs. C. Cast -In -Place Concrete for Site Work. D. Paving and Surfacing. 1.4 QUALITY ASSURANCE A. The fibrous concrete reinforcement manufacturer shall provide the services of a qualified technical representative to instruct the concrete supplier in proper batching and mixing of materials to be provided. 1.5 INDUSTRY STANDARDS AND REFERENCE SPECIFICATIONS A. Uniform Building Code. B. American Society for Testing and Materials (ASTM): 1. ASTM C39 Standard Method of Testing for Compressive Strength of Cylindrical Concrete Specimens. 2. ASTM C78 Standard Test Method for Flexural Strength of Concrete (using simple beam with third -point loading). 3. ASTM C496 Standard Test Method for Splitting Tensile Strength of Cylindrical Concrete Specimens. 4. ASTM C 1116 Type III Section 4.1.2 and 4.2 and Performance Level I outlined in Section 21 Note 17, "Standard Specification for Fiber -Reinforced Concrete and Shotcrete". 5. ASTM C1018 Standard Test Method for Flexural Toughness and First -Crack Strength of Fiber -Reinforced Concrete (Using Beam with Third -Point Loading) I5=3.0. 6. ASTM C94 Standard Specification for Ready -Mixed Concrete. 01362211 FIBROUS CONCRETE REINFORCEMENT FOR SITE WORK 03241 - 1 10/11 Lubbock Downtown Redevelopment SGS C. American Concrete Institute (ACI) 1. ACI 211.1 Standard Practice for Selecting Proportions for Normal, Heavyweight and Mast Concrete. 2. ACI 318 Building Code Requirement for Reinforced Concrete. 3. ACI 544.1R State of the Art Report on Fiber -Reinforced Concrete. 4. ACI 544.2R Measurement of Proportions of Fiber -Reinforced Concrete. 1.6 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. B. Submit fibrous concrete reinforcing material manufacturers printed product data, clearly marked, to indicate proposed fibrous concrete reinforcement materials. Printed data should state lbs. of fiber to be added to each cubic yard of each type of concrete to yield 5M fibers per cubic yard. Submit data to the Engineer for review. C. Submit fibrous concrete reinforcing material manufacturers printed batching and mixing instructions and recommendations for the fibrous concrete reinforcement materials to the Engineer for review. D. Submit a certificate prepared by the concrete supplier stating that the approved fibrous concrete reinforcement materials at the rate of 3 lbs. per cubic yard was added to each batch of concrete delivered to the project site. Each certificate shall be accompanied by one (1) copy of each batch delivery ticket indicating amount of fibrous concrete reinforcement material added to each batch of concrete. E. Submit project references indicating a satisfactory performance ofthe fiber reinforcing material with an experience period of no less than five (5) years under the same trade name and manufacturer. 1.7 CONCRETE TESTING A. Fibrous concrete reinforcement materials provided this section shall produce concrete conforming to the requirements for each type and class of concrete indicated on the drawings to use such and specified in the CAST -IN -PLACE CONCRETE section of Division 3 when the concrete is tested in accord with the required testing methods. PART 2 - PRODUCTS 2.1 FIBROUS CONCRETE REINFORCEMENT A. General: 100% virgin monofilament or fibrillated polypropylene fibers specifically manufactured for use as concrete reinforcement and so certified by the manufacturer and containing no reprocessed olefin materials. Fibrous concrete reinforcement shall be manufactured by: 1. The Euclid Chemical Co., 19218 Redwood Drive, Cleveland, Ohio. 2. Fibermesh Company, 4019 Industry Drive, Chattanooga, Tennessee 37416. 3. CorMix Construction Products, P. O. Box 190970, Dallas, Texas 75219. 4. W. R. Grace Company, 6606 Marshall Boulevard, Lithonia, Georgia. 5. Forta Corporation, 100 Forta Drive, Grove City, Pennsylvania 16127. 01362211 FIBROUS CONCRETE REINFORCEMENT FOR SITE WORK 03241 - 2 10/11 ! Lubbock Downtown Redevelopment SGS B. Physical Characteristics: 1. Specific Gravity: 0.91 g/cc. 2. Tensile Strength: 70-110 ksi. 3. Fiber Lengths: 1-1/2", 2" per manufacturer. PART 3 - EXECUTION 3.1 MIXING A. Add fibrous concrete reinforcement to concrete materials at the time concrete is batched in amounts in accord with submittals reviewed by the Engineer for each type of concrete required. B. Mix batched concrete in strict accord with fibrous concrete reinforcement manufacturer's instructions and recommendations for uniform and complete dispersion. C. Provide fibers for concrete reinforcing meeting the requirements ofthe local building codes and all supplements as adopted by the governing agency in which jurisdiction the concrete is placed. 1. Southern Building Code Congress International, Inc. (SBCCI)Standard Building Code. 3.2 CONCRETE PLACING AND FINISHING A. Place and finish concrete materials as specified in Concrete Sidewalks and Concrete Curbs. END OF SECTION - 01362211 FIBROUS CONCRETE REINFORCEMENT FOR SITE WORK 03241 - 3 i 10/11 No Text Lubbock Downtown Redevelopment SGS SECTION 03300 CAST -IN -PLACE CONCRETE FOR SITE WORK PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. This section covers Cast -In -Place Concrete for general site work only, not included in other sections, the extent of which is shown on the drawings. 1.3 RELATED SECTIONS A. Fibrous Concrete Reinforcement for Site Work. 1.4 QUALITY ASSURANCE A. Industry Standards and Reference Specifications: 1. American Concrete Institute (ACI): a. ACI 211.1 Standard Practice for Selecting Proportions for Normal, Heavyweight and Mass Concrete. b. ACI 211.2 Standard Practice for Selecting Proportions for Structural - Lightweight Concrete. C. ACI 301 Specifications for Structural Concrete for Buildings. d. ACI304 Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete. e. ACI 305 Hot Weather Concreting. f. ACI 306 Cold Weather Concreting. g. ACI 306.1 Standard Specification for Cold Weather Concreting. h. ACI 309 Recommended Practice for Consolidation of Concrete. i. ACI 315 Details and Detailing of Concrete Reinforcement. j. ACI 318 Building Code Requirements for Reinforced Concrete. k. ACI 347R Formwork for Concrete. 2. American Society of Testing and Materials (ASTM): a. ASTM A 82 Steel Wire, Plain, for Concrete Reinforcement. b. ASTM A 185 Steel Welded Wire Fabric, Plain, for Concrete Reinforcement. C. ASTM A 615 Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. d. ASTM C 31 Making and Curing Concrete Test Specimens in the Field. e. ASTM C33 Concrete Aggregates, Spec. for, f. ASTM C39 Compressive Strength of Cylindrical Concrete Specimens, Test, for, g. ASTM C42 Obtaining and Testing Drilled Cores and Sawed Beams of Concrete. 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 1 10/11 Lubbock Downtown Redevelopment S.GS h. ASTM C94 Ready -Mix Concrete, Spec. for, i. ASTM C 143 Slump of Portland Cement Concrete, Test for, j. ASTM C 150 Portland Cement, Spec, for, k. ASTM C172 Fresh Concrete, Sampling. 1. ASTM C 173 Test Method for Air Content ofFreshly Mixed Concrete by the Volumetric Method. in. ASTM C 192 Making and Curing Concrete Test Specimens in the Laboratory. n. ASTM C260 Specification for Air -Entraining Admixtures for Concrete o. ASTM C330 Lightweight Aggregates for Structural Concrete, Spec. for, p. ASTM C494 Chemical Admixtures for Concrete, Spec. for, q. ASTM C496 Splitting Tensile Strength of Cylindrical Concrete Specimens, Test for, r. ASTM C567 Unit Weight of Structural Lightweight Concrete, Testing for, S. ASTM C618 Standard Specification for Fly Ash and Raw or Calcined Natural Pozzolans for Use in Portland Cement Concrete. t. ASTM C 1116 Fiber -reinforcement Concrete and Shotcrete. U. ASTM E329 Inspection and Testing Agencies for Concrete, Steel and Bituminous Materials as Used in Construction. B. Quality Assurance 1. Testing for Mix Design, submitted by Contractor: a, Verification testing for mix designs and test of aggregates shall be done by an acceptable independent testing laboratory, complying with ASTM E329 and at the expense of the Contractor in compliance with ACI 318, Articles 4.3 and 4.4. 1) Secure and deliver to laboratory preliminary representative samples of materials he proposes to use and which are required to be tested. 2) Submit samples for each mix verification, of concrete materials to be used on Project. 3) Laboratory shall make strength tests for trial batches, using proposed materials and mix designs. 4) Trial batches shall also be verified by laboratory as to strength and workability under field conditions. 5) Verification tests shall take into consideration severe -weather concreting conditions. 6) If verification tests fall below the required limits, either the material samples shall be changed and resubmitted or the proposed mix design shall be revised and resubmitted for testing. 7) Compression test specimens made to verify mixes shall be made in accord with ASTM C 192. Test aggregates in accord with ASTM C 33 and C330 as applicable; test compression test specimens in accord with ASTM C 39. 8) Three copies of all mix verifications, aggregate test results and compression test results shall be sent to the Engineer. 2. Testing for Production Concrete a. The following functions in connection with field testing of concrete shall be performed by laboratory personnel complying with ASTM E329, selected by, the Owner. Only passing tests will be paid for by the Owner. The Contractor shall pay for all other tests. The testing laboratory shall have the following duties: 1) Inspect the batching plant and file a report with the Engineer stating whether the supplier's equipment and methods meet the requirements of 01362211 CAST -IN -PLACE CONCRETE FOR -SITE WORK 03300 - 2 10/11 Lubbock Downtown Redevelopment SGS these specifications. Inspect the plant and batching during concrete operations as directed by the Engineer. 2) Sampling fresh concrete and making compression test specimens in accordance with ASTM C172 and C31 and determining air content in accordance with ASTM C173. 3) Performing test for slump with each sampling of concrete in accordance with ASTM C143. 4) Protecting and initially curing test specimens for first 24 hours. 5) Transporting test specimens to laboratory. 6) Completing field-test data sheets and transmitting them to the laboratory. These sheets shall show data on slump test and on all compression test specimens including results of all tests, class of concrete, exact location of pour, air temperature, concrete temperature, date of pour for ready -mixed concrete, designation of test cylinders, date on which designated test cylinders shall be broken and the name and qualification number of the person responsible for performance of field tests of concrete and submission of associated data. b. The laboratory shall receive cure and test compressions specimens made during the placing of the concrete. Compression test specimens shall be tested in accordance with ASTM C39. Test reports shall show all pertinent data including class of concrete, exact location of pour, air temperature, concrete temperature, date of pour, truck number used on pour for ready -mixed concrete, date on which specimen was broken, age of the specimen, compression strength of specimen and slump test results of the pour from which the specimen was made. C. Reports of testing shall be submitted directly as follows: 3 copies to Engineer, and 1 copy each to Owner, Contractor, and Ready -Mix Concrete Producer. d. Test Cylinders: One set of acceptance and field cylinders (total of 4 cylinders) from same batch of concrete shall be made for each 50 cubic yards or fraction thereof for concrete in each day's placing for each class of concrete. 1) Acceptance cylinders (2 cylinders) are compression test cylinders molded in the field, stored and cured in the field for the first 24 hours after molding, and thereafter in laboratory until time of testing. Average breaking strength at 28 days of a set of 2 acceptance cylinders shall comprise a test. 2) Field cylinders (2 cylinders) are compression test cylinders molded in the field, stored and cured on the work site in the same location and subject to the same exposure as job concrete of which they are representative. One field cylinder- shall be broken at 3 days and one at 7 days. Time for form removal shall be determined from field test cylinders compressive strength. e. Contractor's duties relative to Concrete Testing: Use of testing services shall in no way relieve Contractor of his responsibility to furnish materials and construction in full compliance with Contract Documents. 1) Supply wheelbarrows, shovels, mixing boards and shaded work space for field testing of concrete and molding test cylinders in the field. 2) Provide stable, insulated storage boxes equipped with controlled heat for storage of acceptance cylinders in first 24 hours after molding, as required by ASTM C 31. 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 3 10/11 Lubbock Downtown Redevelopment SGS f. Designs and testing because of changes in materials or proportions of mix requested by Contractor, as well as extra testing of concrete or materials occasioned by their failure to meet specified requirements shall be at Contractor's expense. 3. Project testing laboratory shall perform an inspection ofthe proposed ready -mix concrete batch plant, trucks, procedures, etc., for conformance to ASTM C94. Ready -mix facilities and procedures shall be in conformance with ASTM C94 before any production concrete made thereby may be placed on the project. Only passing inspections shall be paid by the Owner. Inspections that identify non-compliance to ASTM C94 shall be at the expense of the Contractor. C. Evaluation of Compression Tests: 1. Evaluation of compression test result shall be as follows: a. Evaluation of results of tests for concrete shall be according to Chapter 4, Paragraph 4.7.2 of ACI 318. b. Paragraph (a) above is qualified as follows: All compression test of concrete placed in positions of critical structural importance in the building or structure shall not be less than the specified strengths. The Engineer's decisions, in identifying positions of critical structural importance in the building and structures shall be final. 2. Failure to comply with the above evaluation procedure shall constitute questionable concrete and additional tests shall be made in accordance with the provisions of Paragraph 4.7.4 of ACI 318. Only passing tests will be paid for by the Owner. All other tests shall be at the expense of the Contractor. If ultrasonic tests confirmed by core tests fail to demonstrate the strength required by the Contract Documents, then the Engineer may, at his discretion, require load tests or remedial measures. Core tests shall be made in accordance with ASTM C 42 and load tests shall be made in accordance with Chapter 20 of ACI 318. Acceptability of load tests shall be determined by the criteria of Chapter 20 of ACI 318. 1.5 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. B. Concrete ingredients to laboratory for verification and aggregates test. C. Laboratory Reports: 3 copies to Engineer and 1 copy each to Owner, Contractor and Ready -Mix Concrete Producer, except where otherwise indicated: 1. Verification of Mix Design. (For each class/strength/different mix.) 2. Aggregate Test Results. 3. Compression Test Results, as specified. 4. Report of Ready -Mix Batch Facility Inspection. D. Mill tests on each car of Portland cement of each marked bin from which cement is shipped. E. Admixture manufacturer's representative's reports as specified in Paragraph 2.01. F. Admixture Manufacturer's Standard Instructions amended to comply with provisions of this project. The term "manufacturer's instructions" used in this Section refers to this submission unless otherwise noted. G. Submit to the Engineer plans and procedures for cold weather concreting in accordance with ACI 306.1. 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 4 10/11 Lubbock Downtown Redevelopment SGS 1.6 JOB CONDITIONS A. Severe Weather Concreting: Unless adequate protection is provided and approval is obtained, concrete shall not be placed during rain sleet or snow. Rain water shall not be allowed to increase mixing water or to damage surface finish. 1. Cold Weather: Provide equipment for heating concrete materials and protecting concrete during freezing or near freezing weather. No frozen materials, or materials containing ice shall be used. Concrete materials and reinforcement, forms, fillers, and ground with which concrete is to come in contact shall be free from frost or ice. Whenever temperature of surrounding air is below 40' F, concrete placed in forms shall have temperature between 60' F and 70' F and means shall be provided for maintaining temperature of not less than 50' F for 7 days or for more time to insure concrete curing. Only the specified non -corrosive non -chloride accelerator shall be used. Calcium chloride, thiocyanates or admixtures containing more than 0.05% chloride ions are not permitted. Housing, covering or other protection used in connection with curing shall remain in place and intact for at least 24 hours after artificial heat is discontinued. Follow recommendations of ACI 306. 2. Hot Weather: Provide methods of lowering temperatures of concrete ingredients so that temperature of concrete when placed does not exceed 90' F. When weather is such as to raise concrete temperature as placed consistently above 80' F, the engineer may require the use of the water -reducing retarding admixture (Type D) in lieu of the water -reducing admixture (Type A). Sprinkle subgrade and forms with water before placing concrete. Curing shall start as soon as practicable to prevent evaporation of water and forms shall be kept wet. Protect flat work from dry winds, direct sun and high temperatures. Follow recommendations of ACI 305. B. Scheduling and Sequencing: 1. ' Do not place slabs on grade until subgrade work has been completed. 2. Schedule this work so that no concrete- is placed in forms prior to inclusion of reinforcing, anchors, sleeves, conduit and other items indicated to be embedded in concrete forms have been cleaned of foreign matter and Engineer has observed the above items in place. 3. Do not place floor faster than available floor finishers can finish before slab sets. 4. Do not place slabs in areas larger than specified or shown on the drawings. C. Inspect job in accord with provisions of other sections of these specifications for conditions which would prevent execution of this work as specified. Do not proceed until such conditions are corrected. D. The expense of any and all re -inspection, re -testing, re -design and/or replacement of the work that is required due to failure of concrete to meet all contract document requirements, as determined by the Engineer, shall be borne by the Contractor. PART 2 - PRODUCTS 2.1 CONCRETE MATERIALS A. Cement: 1. Cement shall be Portland Cement of American manufacture conforming to ASTM C 150, Type 1. 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 5 10/11 Lubbock Downtown Redevelopment SGS Vi 2. Each bag shall weight 94 pounds and contain one cubic foot. ! �- 3. Mill tests shall be taken on each car of cement used, or laboratory tests on marked bin from which cement is shipped. Three copies of each report of tests stating whether the materials meet the requirements of these specifications shall be sent to the Engineer. B. Concrete Aggregates: 1. Fine aggregate shall conform with ASTM C 33. Sand shall be clean, hard, durable, uncoated grains and free from deleterious substances. 2. Coarse aggregate for standard weight concrete shall conform with ASTM C 33. Aggregate shall be crushed stone, gravel, or other approved inert material having clean, hard, durable uncoated particles. 3. Course aggregate for semi -lightweight concrete shall conform to ASTM C330, expanded shale or slate; 28-day modulus of elasticity of structural lightweight concrete made with this aggregate - 2,400,000 psi; ratio of splitting tensile strength to square root of compressive strength at least 6.67 in accord with ASTM C496; maximum size 3/4". t 4. The following tabulation shows the conditions of concreting for which maximum size of coarse aggregate shall be used: a. No. 57: For all concrete. C. Admixtures: , 1. Water Reducing Admixture: "Eucon WR-75 by the Euclid Chemical Co., "Pozzolith 200N" by Master Builders or "Plastocrete 160" by Sika Chemical Corp. The admixture J t shall conform to ASTM C494, Type A and not contain more chloride ions than are present in municipal drinking water. r , 2. Water Reducing, Retarding Admixture: "Eucon Retarder-75" by The Euclid Chemical j J Co., "Pozzolith 1 OOXR" by Master Builders or "Plastiment" by Sika Chemical Corp. The ` admixture shall conform to ASTM C494, Type D and not contain more chloride ions than are present in municipal drinking water. 3. High Range Water -Reducing Admixture (Superplasticizer): "Eucon 37" by The Euclid Chemical Co. or "Sikament" by Sika Chemical Corp. The admixture shall conform to ASTM C494, Type F or G, and not contain more chloride ions than are present in municipal drinking water. 4. Non -Corrosive, Non -Chloride Accelerator: "Accelguard 80" by The Euclid Chemical Company or approved equal. The admixture shall conform to ASTM C494, Type C or E, and not contain more chloride ions than are present in municipal drinking water. The admixture manufacturer must have long-term non -corrosive test date from an V independent testing laboratory (of at least a year's duration) using an acceptable accelerated corrosion test method such as that using electrical potential measures. {.. 5. Mixes containing more than one admixture shall have a letter of compatibility from the admixture manufacturer and the concrete producer. Field service shall be provided by the admixture manufacturer. The representative shall attend the pre -concrete conference and service the project site, at least once a week, for major plants of over 100 cubic yards. Type and frequency of field service will be discussed and fmalized at the pre -concrete conference. Service reports shall be sent to the concrete contractor, -' Engineer, structural engineer, owner and ready -mix plant manufacturer of each jobsite service. They shall describe his findings, recommendations, and whether or not his . recommendations were followed. ' - 6. Prohibited Admixtures: Calcium chloride, thiocyanates or admixtures containing more than 0.05% chloride ions are not permitted. 7. Certification: Written conformance to the above mentioned requirements and the L J chloride ion content of the admixture will be required from the admixture manufacturer prior to mix design review by the Engineer. j t> 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 6 10/11 Lubbock Downtown Redevelopment SGS D. Water shall be clean, fresh, free from oil, acid organic matter, or other deleterious substances. E. Fly Ash: 1. Fly ash shall conform to Class F of the "Standard- Specification for Fly Ash and Raw or Calcined Natural Pozzolans for Use in Portland Cement Concrete" (ASTM Designation: C 618), except that the loss on ignition shall not exceed 6 percent. 2. Fly ash will not be permitted with the use of type 1-S or type 1-P cement. 3. Fly ash may be used as a partial replacement for type I, type II, or type III Portland Cement in all specified strengths and classes of concrete provided that the maximum amount of cement replaced does not exceed 20% by weight. 4. The water -cement ratio shall be based on the total weight of the cementitious material (cement plus Fly Ash). 2.2 CLASSES OF CONCRETE A. The location and extent of each class of concrete is shown on the Drawings. B. Concrete Mixtures: 1. The following tabulations represent minimum cement content and maximum water -cement ratio and in no way imply that the mix will produce the specified minimum 28-day compressive strength for each class. Class Type Max. Absolute Specified Min. Pounds Max. Water -Cement Minimum of cement Slump* not Ratio by Weight Strength per cu. yard to exceed @ 28 days Content (inches) (psi) S-4 Semi -Lightweight 0.46 4000 600 4" N-5 Normal Weight 0.40 5000 660 9"** N-4 Normal Weight 0.50 4000 550 4" N-3 Normal Weight 0.58 3000 470 4" * WITHOUT SUPERPLASTICIZER (HRWR) ** SUPERPLASTICIZERS REQUIRED (HRWR) ALL CONCRETE FOR THIS PROJECT WILL BE CLASS N-4 UNLESS OTHERWISE SHOWN ON THE PLANS. C. All concrete exposed to the atmosphere shall have fiberous reinforcing in accordance with Section 03241. 2.3 PROPORTIONING CONCRETE A. General: 1. The working stresses for the design ofthis structure are based on the specified minimum 28-day compressive strength of the concrete. 2. The proportions of aggregate to cement for any concrete shall be such as to produce a mixture which will work readily into the corners and angles of the forms and around reinforcement with the method of placing employed on the work, but without permitting the materials to segregate or excess free water to collect on the surface. 3. All concrete materials shall be measured by weight. - ' 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 7 10/11 i Lubbock Downtown Redevelopment i SGS 4. All rejected concrete shall be hauled away from the site and disposed of at the Contractor's expense. 5. In interpreting the mixture tables under 2.213 above, aggregate weights must be corrected for moisture and water contained in aggregates which shall be deducted from the total water content given. 6. The combined aggregates shall be of such composition of size that when separated on the No. 4 standard sieve the weight passing the sieve (fine aggregate) shall not be less than 30 percent nor greater than 50 percent of the total unless otherwise required by the Engineer. 7. Proportioning shall conform to ACI 211.1 (normal weight concrete) or ACI 211.2 (semi -lightweight concrete). 2.4 PRODUCTION A. Mixing shall be achieved by using equipment and methods in accord with provisions of ASTM C 94, however, concrete production may be on or off site. Ready -mixed concrete purchased from a local producer may be used. The Contractor shall remove any temporary on site facilities and restore the property to condition previous to installation of such facilities. B. Delivery tickets shall be furnished with each load of concrete delivered under this Specification. C. Ticket shall show class and strength of concrete, number of pounds of cement, size of coarse aggregate, batching time, slump ordered and amount of admixture. D. Keeping up with moisture content in aggregate and correction of quantities of ingredients for variations in moisture content, and quality control of ingredients delivered to batching plant, together with mix adjustments to compensate for observed variations of graduation shall be responsibility of Contractor. 2.5 BONDING AND REPAIR MATERIALS A. Bonding Compounds: Rewettable; The compound shall be a polyvinyl acetate type, "Euco Weld" by The Euclid Chemical Co. or "Weldcrete" by the Larsen Co. Use only in areas not subject to moisture. Non-Rewettable; Polymer modified, bonding compound, "Euco-Bond" by The Euclid Chemical Company or approved equal. - B. Epoxy Adhesive: The compound shall be a two (2) component, 100% solids, 100% reactive compound suitable for use on dry or damp surfaces, "Euco Epoxy No. 452MV or No. 620" by The Euclid Chemical Co. or "Sikadure Hi -Mod" by The Sika Chemical Corp. C. Patching Mortar: Free -flowing, polymer -modified cementitious coating, "Euco Thin Coat" by The Euclid Chemical Co. or "Sikatop 121" by the Sika Chemical Corp. D. Underlayment Compound: Free -flowing, self -leveling, pumpable cementitious base compound, "Flo -Top" by The Euclid Chemical Co. or approved equal. E. Repair Topping: Self -leveling, polymer modified high strength topping, "Thin Top SL" by The Euclid Chemical Co. 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 8 ` 10/11 f �} t_) Lubbock Downtown Redevelopment SGS r: 2.6 MATERIALS FOR FORMS Provide wood, plywood, or steel. Use plywood or steel forms where a smooth form finish is required. Lumber shall be square edged or tongue -and -groove boards, free of raised grain, knotholes, or other surface defects. Plywood: PS 1, B-B concrete form panels or better. Steel form surfaces shall not contain irregularities, dents, or sags. A. Form Ties and Accessories 1. The use of wire alone is prohibited. Form ties and accessories shall not reduce the effective cover of the reinforcement. B. Reinforcing Bars 1. ACI 301 unless otherwise specified. ASTM A 615, Grade 60. C. Mechanical Reinforcing Bar Connectors 1. ACI 301. Provide 125 percent minimum yield strength of the reinforcement bar. D. Welded Wire Fabric 1. ASTM A 185. Provide flat sheets of welded wire fabric for slabs and toppings. E. Wire 1. ASTM A 82. ff 2.7 MATERIALS FOR CURING CONCRETE f t A. Impervious Sheeting 1. ASTM C 171; waterproof paper, clear or white polyethylene sheeting, or polyethylene -coated burlap. B. Pervious Sheeting 1. AASHTO Ml82. C. Liquid Membrane -Forming Compound ! 1. ASTM C 309, white -pigmented, Type 2, Class B. PART 3 - EXECUTION 3.1 CONVEYING A. Personnel and Equipments: Place concrete employing experienced crew with equipment to place entire panel or section in a continuous unbroken operation from beginning to end. Convey concrete from mixer to place of final deposit by methods which will prevent separation or loss of materials. B. Chuting or Pumping: Equipment for chuting or other method of conveying concrete shall be of size and design to insure a continuous flow of concrete at delivery point without separation or degradation of materials. Aluminum chutes or pipes shall not be used. C. Carts or buggies shall be equipped with pneumatic tires. D. Runway supports shall not bear on reinforcement or on fresh concrete. E. Conveying equipment shall be in first class operating conditions, cleaned before beginning and cleaned at frequent intervals during placing of concrete. 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 10/11 03300 - 9 Lubbock Downtown Redevelopment 3 SGS 3.2 FORMS ACI 301. Provide forms, shoring, and scaffolding for concrete placement unless indicated or specified otherwise. Concrete for footings may be placed in excavations without forms upon inspection and approval by the Contracting Officer. Excavation width shall be a minimum of 4 inches greater than indicated. Set forms mortar -tight and true to line and grade. Chamfer above grade exposed joints, edges, and external corners of concrete 0.75 inch unless otherwise indicated. Provide formwork with clean -out openings to permit inspection and removal of debris. Forms submerged in water shall be watertight. A. Coating 1. Before concrete placement, coat the contact surfaces of forms with a nonstaining mineral oil, nonstaining form coating compound, or two coats of nitrocellulose lacquer. Do not use mineral oil on forms for surfaces to which adhesive, paint, or other finish material is to be applied. B. Removal of Forms and Supports 1. After placing concrete, forms shall remain in place for the time periods specified in ACI 347R. Prevent concrete damage during form removal. C. Special Requirements for Reduced Time Period 1. Forms may be removed earlier than specified if ASTM C 39 test results of field -cured samples from a representative portion of the structure indicate that the concrete has reached a minimum of 85 percent of the design strength. D. Reshoring 1. Reshore concrete elements where forms are removed prior to the specified time period. Do not permit elements to deflect or accept loads during form stripping or reshoring. Forms on columns, walls, or other load -bearing members may be stripped after 2 days if loads are not applied to the members. After forms are removed, slabs and beams over 10 feet in span and cantilevers over 4 feet shall be reshored for the remainder of the specified time period in accordance with paragraph entitled 'Removal of Forms." Perform reshoring operations to prevent subjecting concrete members to overloads, eccentric loading, or reverse bending. Reshoring elements shall have the same load -carrying capabilities as original shoring and shall be spaced similar to original shoring. Firmly secure and brace reshoring elements to provide solid bearing and support. 3.3 PLACING REINFORCEMENT AND MISCELLANEOUS MATERIALS ACI 301. Provide bars, wire fabric, wire ties, supports, and other devices necessary to install and secure reinforcement. Reinforcement shall not contain rust, scale, oil, grease, clay, or foreign substances that would reduce the bond. Rusting of reinforcement is a basis ofrejection ifthe effective cross -sectional area or the nominal weight per foot of the reinforcement has been reduced to less than that specified in paragraph entitled "Reinforcing Bars." Remove loose rust prior to placing steel. Tack welding is prohibited. A. Vapor Barrier 1. Provide beneath the sand pod for on -grade concrete floor slab. Use the greatest widths and lengths practicable to eliminate joints wherever possible. Lap joints a minimum of 12 inches. Remove torn, punctured, or damaged vapor barrier material and provide with new vapor barrier prior to placing concrete. Concrete placement shall not damage vapor barrier material. Place a 2-inch sand pad on vapor barrier before placing concrete. 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 10 10/11 Lubbock Downtown Redevelopment SGS B. Tolerances 1. Place reinforcement and secure with galvanized or noncorrodible chairs, spacers, or metal hangers. Use concrete or other material for supporting reinforcement on the ground. C. Splicing 1. As indicated. For splices not indicated ACI 301. Do not splice at points of maximum stress. Overlap welded wire fabric the spacing ofthe cross wires, plus 2 inches. Welded splices shall be approved prior to use. D. Future Bonding 1. Plug exposed, threaded, mechanical reinforcement bar connectors with a greased bolt. Bolt threads shall match the connector. Countersink the connector in the concrete. Caulk the depression after the bolt is installed. E. Cover 1. ACI 301 for minimum coverage, unless otherwise indicated. F. Setting Miscellaneous Material 1. Place and secure anchors and bolts, pipe sleeves, conduits, and other such items in position before concrete placement. Plumb anchor bolts and check location and elevation. Temporarily fill voids in sleeves with readily removable material to prevent the entry of concrete. G. Construction Joints 1. Locate joints to least impair strength. Continue reinforcement across joints unless otherwise indicated. H. Expansion Joints and Contraction Joints 1. Provide expansion joint at edges of interior floor slabs on grade abutting vertical surfaces, and as indicated. Make expansion joints 1/2 inch wide unless indicated otherwise. Fill expansion joints notlexposed to weather with preformed joint filler material. Completely fill joints exposed to weather with joint filler material and joint sealant. Do not extend reinforcement or other embedded metal items bonded to the concrete through any expansion joint unless an expansion sleeve is used. Provide contraction joints, either formed or saw cut or cut with a jointing tool, to the indicated depth after the surface has been finished. Sawed joints shall be completed within 4 to 12 hours after concrete placement. Protect joints from intrusion of foreign matter. 3.4 PREPARATION OF PLACING A. Concrete shall not be placed on earth until the fill or excavation has been prepared as set forth under these specifications. B. Before placing any concrete in forms, all pipes or sleeves, openings or embedded items shall be in place and shall have received tests specified for them. C. Concrete shall not be placed in forms until all debris, wood shavings, and foreign matter have been removed from the forms and the reinforcing steel is in condition for the placement of concrete. D. Hardened, or partially hardened concrete, or foreign matter on the forms or reinforcement shall be removed before placing concrete. E. Dampen subgrade at slabs on ground immediately before placing concrete. F. Provide screeds at required elevations to result in surfaces meeting project specification provisions. 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 11 10/11 Lubbock Downtown Redevelopment SGS 3.5 PLACING A. Quality: 1. Deposit concrete as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. 2. Concreting shall be at such rate that concrete is at all times plastic and flows readily into forms. No concrete shall be deposited that has partially hardened or been contaminated J by foreign material, nor shall retempered concrete be used. 3. In no case shall concrete be used when elapsed time after addition of water and cement to batch exceed one and one-half hours. 4. Concrete shall not be dropped freely where reinforcing will cause segregation nor shall it be dropped freely more than ten (10) feet for concrete containing the high range water reducing admixture (superplasticizer) or five (5) for other concrete. B. Continuation: When concreting is once started, it shall be carried on as a continuous operation until placing ofpanel or section is completed. The top surface shall be furnished to a true plane. Camber in forms shall be accounted for to maintain proper member thickness. Construction] joints indicated on final accepted placing drawings shall be in accord with provisions in the i CONCRETE FORMS Section. C. Shrinkage: At least 2 hours shall have elapsed after placing concrete in columns and walls before placing concrete in beams or slabs. Place concrete in column forms before beam and slab reinforcing in floor which column support has been placed. Finished level of concrete in any vertical support shall be not more than 3/4" below or above design height of support. D. Where cement matrix is basis of finish, work coarse aggregate back from forms so as to bring a full surface of matrix against forms, without formation of excessive surface voids. Consolidate concrete by vibration, spading, rodding, or forking, so that concrete is worked around reinforcing and tendons, around embedded items and into corners of forms, eliminating air or stone pockets which may cause honeycombing, pitting or planes of weakness. Care shall be exercised to prevent concrete from entering sheathing around tendons or anchorage hardware for tendons. Special care shall be given to vibration of concrete at tendon anchorages to insure uniform compaction at these points. Mechanical vibrators shall be operated by competent workmen. Over vibrating and use of vibrators to transport concrete within forms is not allowed. Vibrators shall be inserted and withdrawn at many points, from 18 to 30 inches apart, for 5 to �4 15 seconds duration. A spare vibrator shall be kept on job site during concrete placing_ operations. Follow recommendations of ACI 309. r , 3.6 SURFACE FINISHES EXCEPT FLOOR, SLAB, AND PAVEMENT FINISHES A. Defects 1. Repair formed surfaces by removing minor honeycombs, pits greater than I -square inch surface area or 0.25-inch maximum depth, or otherwise defective areas. Provide edges perpendicular to the surface and patch with nonshrink grout. Patch tie holes and defects when the forms are removed. Concrete with extensive honeycomb including exposed steel reinforcement, cold joints, entrapped debris, separated aggregate, or other defects which affect the serviceability or structural strength will be rejected, unless correction of defects is approved. Obtain approval of corrective action prior to repair. The surface of the concrete shall not vary more than the allowable tolerances of ACI 347R. Exposed surfaces shall be uniform in appearance and finished to a smooth form finish unless otherwise specified. 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 12 10/11 ' i Lubbock Downtown Redevelopment SGS B. Not Against Forms (Top of Walls) 1. Surfaces not otherwise specified shall be finished with wood floats to even surfaces. Finish shall match adjacent finishes. C. Formed Surfaces 1. As -Cast Rough Form for Surfaces Not Exposed to Public View. 2. Remove fins and other projections exceeding 0.25 inch in height; level abrupt irregularities. D. Rubbed Finish Provide concrete with a smooth form finish only for vertical areas exposed to view in the final condition. Finish as follows: 1. Smooth Rubbed: Provide on newly hardened concrete within 24 hours following form removal. Wet surfaces and rub with an abrasive tool to produce uniform color and texture. Use only the cement paste drawn from the concrete rubbing process. 2. Grout Cleaned: Do not begin finishing operations until adjacent surfaces to be cleaned are completed and accessible. Cleaning as the work progresses shall not be permitted. Mix 1 part cement and 1.5 parts fine sand with sufficient water to produce a grout with the consistency of thick paint. Substitute white cement for a part of the gray cement in order to produce a color matching the color of the surrounding concrete, as determined by a trial patch. Wet the surface of the concrete sufficiently to prevent absorption of water from the grout. Apply the grout uniformly with brushes or spray gun. Immediately after applying the grout, scrub the surface vigorously with a cork float or stone to coat the surface and remove air bubbles and fill holes. Remove excess grout while still plastic by working the surface with a rubber float, sack, or other approved method. When dry, rub the surface vigorously with clean burlap. Keep damp for 36 hours minimum after final rubbing. 3. Cork Floated: Mix one part portland cement and one part fine sand with sufficient water to produce a stiff mortar. Dampen the surface and apply mortar with firm rubber float or trowel, filling surface voids. Compress mortar into voids using a slow -speed grinder or stone. If the mortar surface dries too rapidly to permit proper compaction and finishing, apply a small amount of water with a fog sprayer. Produce the final texture with a cork float using a swirling motion. - 3.7 FLOOR, SLAB, AND PAVEMENT FINISHES AND MISCELLANEOUS CONSTRUCTION ACI 302.11, unless otherwise specified. Slope floors uniformly to drains where drains are provided. Where straightedge measurements are specified, Contractor shall provide straightedge. A. Finish: Place, consolidate, and immediately strike off concrete to obtain proper contour, grade, and elevation before bleedwater appears. Permit concrete to attain a set sufficient for floating and supporting the weight of the finisher and equipment. If bleedwater is present prior to floating the surface, drag the excess water off or remove by absorption with porous materials. Do not use dry cement to absorb bleedwater. 1. Floated a. Use for surfaces to receive waterproofing membranes. After the concrete has been placed, consolidated, struck off, and leveled, do not work the concrete further, until ready for floating. Whether floating with a wood, magnesium, or composite hand float, with a bladed power trowel equipped with float shoes, or with a powered disc, float shall begin when the surface has stiffened sufficiently to permit the operation. During or after the first floating, surface shall be checked with a 10-foot straightedge applied at no less than two different angles, one of which is perpendicular to the direction of strike off. High spots shall be cut down 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 13 Lubbock Downtown Redevelopment SGS and low spots filled during this procedure to produce a surface level within '/4 inch in 10 feet. 2. Steel Troweled a. Use for floors intended as walking surfaces, and for reception of floor coverings. .. First, provide a floated finish. The finish shall next be power troweled two times, and finally hand troweled. The first troweling after floating shall produce a smooth surface which is relatively free of defects but which may still show some ( y trowel marks. Additional trowelings shall be done by hand after the surface has hardened sufficiently. The final troweling shall be done when a ringing sound is produced as the trowel is moved over the surface. The surface shall be thoroughly ; consolidated by the hand troweling operations. The finished surface shall be essentially free of trowel marks and uniform in texture and appearance. The finished surface shall produce a surface level to within 1 /4 inch in 10 feet. b. On surfaces intended to support floor coverings, any defects of sufficient magnitude to show through the floor covering shall be removed by grinding. 3. Broomed, a. Use on surfaces of exterior walks, platforms, patios, and ramps, unless otherwise indicated. Perform a floated finish, then draw a broom or burlap belt across the_., surface to produce a coarse scored texture. Permit surface to harden sufficiently to retain the scoring or ridges. Broom transverse to traffic or at right angles to the ' slope of the slab. 4. Exposed Aggregate - a. Use on surfaces of exposed walks at the locations shown on the plans. Perform a floated finish then allow concrete to reach initial set. At initial set surface can be walked on without displacing materials. Using a water spray, begin lightly washing surface to remove top surface of cement and sand leaving rock aggregate in place. After surface is dry brush off any remaining sand particles. 5. Pavement a. Screed the concrete with a template advanced with a combined longitudinal and crosswise motion. Maintain a slight surplus of concrete ahead of the template. After screeding, float the concrete longitudinally. Use a straightedge to check slope and flatness; correct and refloat as necessary. Obtain final finish by a burlap �- drag. Drag a strip of clean, wet burlap from 3 to 10 feet wide and 2 feet longer than the pavement width across the slab. Produce a fine, granular, sandy textured surface without disfiguring marks. Round edges and joints with an edger having a radius of 1/8 inch. - B. Pits and Trenches r 1. Place bottoms and walls monolithically or provide waterstops and keys. J C. Splash Blocks 1. Provide at outlets of downspouts emptying at grade. Splash blocks shall be precast concrete, and shall be 24 inches long, 12 inches wide, and 4 inches thick, unless otherwise indicated, with smooth-fmished countersunk dishes sloped to drain away from the building. f . 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 14 10/11 t f Lubbock Downtown Redevelopment SGS 3.8 CURING AND PROTECTION ACI 301 unless otherwise specified. Begin curing immediately following form removal. Protect concrete from injurious action by sun, rain, flowing water, frost, mechanical injury, tire marks, and oil stains. Do not allow concrete to dry out from time of placement until the expiration of the specified curing period. Do not use membrane -forming compound on surfaces where appearance would be objectionable, on any surface to be painted, where coverings are to be bonded to the concrete, or on concrete to which other concrete is to be bonded. If forms are removed prior to the expiration of the curing period, provide another curing procedure specified herein for the remaining portion of the curing period. Provide moist curing for those areas receiving liquid chemical sealer -hardener or epoxy coating. A. Moist Curing Remove water without erosion or damage to the structure. 1. Ponding or Immersion a. Continually immerse the concrete throughout the curing period. Water shall not be more than 20 degrees F less than the temperature of the concrete. For temperatures between 40 and 50 degrees F, increase the curing period by 50 percent. 2. Fog Spraying or Sprinkling a. Apply water uniformly and continuously throughout the curing period. For temperatures between 40 and 50 degrees F, increase the curing period by 50 percent. 3. Pervious Sheeting a. Completely cover surface and edges of the concrete with two thicknesses of wet sheeting. Overlap sheeting 6 inches over adjacent sheeting. Sheeting shall be at least as long as the width of the surface to be cured. During application, do not drag the sheeting over the fmished concrete nor over sheeting already placed. Wet sheeting thoroughly and keep continuously wet throughout the curing period. 4. Impervious Sheeting a. Wet the entire exposed surface of the concrete thoroughly with a fine spray of water and cover with impervious sheeting throughout the curing period. Lay sheeting directly on the concrete surface and overlap edges 12 inches minimum. Provide sheeting not less than 18 inches wider than the concrete surface to be cured. Secure edges and transverse laps to form closed joints. Repair torn or damaged sheeting or provide new sheeting. Cover or wrap columns, walls, and other vertical structural elements from the top down with impervious sheeting; overlap and continuously tape sheeting joints; and introduce sufficient water to soak the entire surface prior to completely enclosing. B. Liquid Membrane -Forming Curing Compound 1. Seal or cover joint openings prior to application of curing compound. Prevent curing compound from entering the joint. Apply in accordance with the recommendations of the manufacturer immediately after any water sheen which may develop after finishing has disappeared from the concrete surface. Provide and maintain compound on the concrete surface throughout the curing period. Do not use this method of curing where the use of Figure 2.1.5 in ACI 305R indicates that hot weather conditions will cause an evaporation rate exceeding 0.2 pound of water per square foot per hour. ` 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 15 10/11 Lubbock Downtown Redevelopment SGS 2. Application a. Unless the manufacturer recommends otherwise, apply compound immediately after the surface loses its water sheen and has a dull appearance, and before joints are sawed. Mechanically agitate curing compound thoroughly during use. Use approved equipment to uniformly apply two coats of compound in a continuous operation. The total coverage for the two coats shall be 200 square feet maximum per gallon of undiluted compound unless otherwise recommended by the manufacturer's written instructions. The compound shall form a uniform, continuous, coherent film that will not check, crack, or peel. Immediately apply an additional coat of compound to areas where the film is defective. Respray concrete surfaces subjected to rainfall within 3 hours after the curing compound application. 3. Protection of Treated Surfaces a. Prohibit pedestrian and vehicular traffic and other sources of abrasion at least 72 hours after compound application. Maintain continuity of the coating for the entire curing period and immediately repair any damage. C. Liquid Chemical Sealer -Hardener 1. Apply sealer -hardener to interior floors not receiving floor covering and floors located under access flooring. Apply the sealer -hardener in accordance with manufacturer's recommendations. Seal or cover joints and openings in which joint sealant is to be applied as required by the joint sealant manufacturer. The sealer -hardener shall not be applied until the concrete has been moist cured and has aged for a minimum of 30 days. Apply a minimum of two coats of sealer -hardener. D. Curing Periods 1. ACI 301 except 10 days for retaining walls, pavement or chimneys, 21 days for concrete that will be in full-time or intermittent contact with seawater, salt spray, alkali soil or waters. Begin curing immediately after placement. Protect concrete from premature drying, excessively hot temperatures, and mechanical injury; and maintain minimal moisture loss at a relatively constant temperature for the period necessary for hydration of the cement and hardening of the concrete. The materials and methods of curing shall be subject to approval by the Contracting Officer. E. Requirements for Type III, High -Early -Strength Portland Cement 1. The curing periods shall be not less than one-fourth of those specified for portland cement, but in no case less than 72 hours. 3.9 REPAIR OF DEFECTIVE AREAS A. Defective Areas: Concrete which is not formed as shown on drawings or for any reason is out of alignment or level or shows a defective surface, or shows defects which reduce structural �. adequacy of member or members, shall be considered as not conforming with the intent of these specifications and shall be removed from job unless Engineer grants permission to patch defective area. 1. Permission to patch such areas shall not be considered a waiver of Engineer's right to require complete removal of defective work if patching does not, in his opinion, satisfactorily restore quality and appearance of surface or structural adequacy ofinember or members. } I L.J 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 16 - 10/11 ( ' Lubbock Downtown Redevelopment SGS B. Method of Repair: If permission to patch defective areas is granted, the repair shall be done immediately after form removal as follows: 1. Defective areas shall be chipped away to a depth of not less than 1" with edges perpendicular to surface. Area to be repaired and an area at least 6" wide surrounding it, shall be dampened to prevent absorption of water from repair mortar. After surface water has evaporated from area to be repaired, apply the specified bonding compound (interior use) or a bonding grout composed of one part portland cement, 1.5 parts fine sand, the specified bonding admixture and water at a 50:50 ratio and mix to achieve the consistency of thick paint. 2. Make patching mixture of same material and of same proportions as used for the concrete, except that coarse aggregates shall be omitted and the mortar shall consist of not more than 1 part cement to 2-1/2 parts sand by damp loose volume. White Portland Cement shall be substitute for a part of the gray Portland Cement on exposed concrete in order to produce a color matching the color of the surrounding concrete, as determined by a trial patch. 3. The quantity of mixing water shall be no more than necessary for handling and placing. Mix patching mortar in advance and allow it to stand, giving it frequent manipulations with trowel without adding water, until it has reached stiffest consistency that will permit placing. 4. Apply the specified patching mortar after the bonding compound has dried or while the bonding grout is still tacky. Consolidate the mortar into place and strike offso as to leave patch slightly higher than surrounding surface. To permit initial shrinkage, it shall be left undisturbed for at least 1 hour before being finished. Patched area shall be kept damp for 7 days. Metal tools shall be used in finishing a patch in a form wall which will be exposed. 5. Finish repaired surfaces to match the adjacent surfaces. C. Tie Holes: After being cleaned and dampened, fill tie holes solid with patching mortar and finish same as in Paragraph B above. D. The specified polymer patching mortar may be used in lieu of the bonding compound with prior approval of the Engineer, when color match of the adjacent concrete is not required. E. All structural repairs shall be made with prior approval of the Engineer as to method and procedure, using the specified epoxy adhesive and/or epoxy mortar. Where epoxy injection procedures must be used, an approved low viscosity epoxy made by the manufacturers previously specified shall be used. F. Leveling of floors for subsequent finishes shall be achieved by use of the specified underlayment material. G. Repair Topping: All exposed floors shall be leveled, where required, with the specified self -leveling repair topping. END OF SECTION ` 01362211 CAST -IN -PLACE CONCRETE FOR SITE WORK 03300 - 17 10/11 C ��_ ..a.w a_ � _ ,.� �„ ., i