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Resolution - 2023-R0292 - Contract 17332, With Rink's Lease Service, Inc 6.13.23 - 06/13/2023
Resolution No. 2023-RO292 Item No. 5.20 June 13, 2023 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, Public Works Contract No. 17332 for Water Line Change Out Phase 5 as per ITB 23-17332-TF, by and between the City of Lubbock and Rink's Lease Service, Inc. of Levelland, TX, 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 June 13, 2023 A ST: — ( I A Ul Co ey Paz, tity Sectktary APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager AP OVED AS TO FORM: KPhLeisure, Senior Assistant City Attorney ccdocs/RES.Public Works Contract 17332 Water Line Change Out Phase 5 6.5.23 Resolution No. 2023-RO292 BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: May 17, 2023 PROJECT NUMBER: ITB 23-17332-TF, Water Line Change Out Phase 5 Bid of Bidder) Rink's Lease Service, Inc. (hereinafter called To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of the referenced project, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated. 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 150 consecutive calendar days with final completion of the project within 180 consecutive calendar days as stipulated in the specification and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages in the sum of $300 for each consecutive calendar day after substantial completion and liquidated damages in the sum of $100 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. 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 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 10 business days after notice of award of the contract to him. City of Lubbock, TX Public Works ITB 23-17332-TF Water Line Change Out Phase 5 Rink's Lease Service, Inc. of Levelland, TX QTY Unit Extended # Items +/- U/M Price Cost General #1-1 Mobilization - Contractor mobilization including move -in and move- 1 LS $31,500.00 31,500.00 out cost from each site location. Provide and maintain a Traffic Control Plan - Preparation, approval #1-2 from COL Traffic Engineering to all sites, and all other work 1 LS 12,600.00 12,600.00 considered incidental to this item. #1-3 Provide and maintain a SWPPP - Including preparation, NOI, NOT, 1 LS 7,400.00 7,400.00 and all other work considered incidental to this item. #14 Trench Safety 1825 LF 3.00 5,475.00 Railroad Coordination - All Items necessary for compliance with #1-5 BNSF Railway Permit, including but not limited to, insurance, inspection, and flagmen requirements. Water Improvements Furnish and install 6" C-900 DR-18 approved water pipe by open cut, #2-1 backfilled to 95% compaction, and tested as herein specified, including all equipment, tools, fittings, and labor to perform work. Furnish and install 8" C-900 DR-18 approved water pipe by open cut, #2-2 backfilled to 95% compaction, and tested as herein specified, including all equipment, tools, fittings, and labor to perform work. Furnish and install 8" C-900 DR-18 approved water pipe by bore, #2-3 backfilled to 95% compaction, and tested as herein specified, including all equipment, tools, fittings, and labor to perform work. Furnish and install 8" C-900 DR-18 approved water pipe and 16" steel #24 encasement by bore, backfilled to 95% compaction, and tested as herein specified, including all equipment, tools, fittings, and labor to perform work. #2-5 Furnish and install 6" gate valve and box as herein specified, including all equipment, tools, and labor to perform work. #2-6 Furnish and install 8" gate valve and box as herein specified, including all equipment, tools, and labor to perform work. #2-7 Cut, plug, abandon, and grout fill existing 2" water line, as herein specified, including all equipment, tools, and labor to perform work. #2-8 Cut, plug, and abandon existing 4" water line, as herein specified, including all equipment, tools, and labor to perform work. #2-9 Cut, plug, and abandon existing 6" water line, as herein specified, including all equipment, tools, and labor to perform work. #2-10 Cut, plug, and abandon existing 8" water line, as herein specified, including all equipment, tools, and labor to perform work. 1 LS 19,500.00 40 LF 100.00 1785 LF 150 LF 106 LF 2 EA 8 EA 1 EA 2 EA 1 EA 1 EA 19,500.00 4,000.00 83.00 148,155.00 245.00 36,750.00 750.00 79,500.00 2,450.00 4,900.00 3,250.00 26,000.00 9,250.00 9,250.00 3,120.00 6,240.00 3,150.00 3,150.00 3,750.00 3,750.00 City of Lubbock, TX Public Works ITB 23-17332-TF Water Line Change Out Phase 5 Furnish and install 12"x8" Tapping Sleeve and valve as herein #2-11 2 EA 5,200.00 10,400.00 specified, including all equipment, tools, and labor to perform work. #2-12 Furnish and reconnect 3/4" - 1" service lines as herein specified, 22 EA 2,970.00 65,340.00 including all equipment, tools, and labor to perform work. #2-13 Furnish and reconnect 2" service lines as herein specified, including 2 EA 5,000.00 10,000.00 all equipment, tools, and labor to perform work. #2-14 Flowable backfill as approved, complete and in place per 335 CY 235.00 78,725.00 Specifications. Paving Repair Saw cut and remove existing asphalt paving, including all material, #3-1 equipment and labor to perform removal, disposal and all other work 285 SY 37.00 10,545.00 considered incidental to this item. Repair asphalt paving, including all material, equipment and labor to #3-2 perform sub grade compaction and testing. HMAC installation per 285 SY 95.00 27,075.00 COL Specifications and all other work considered incidental to this item. Repair concrete paving, including all material, equipment and labor to #3-3 perform sub grade compaction and testing. Concrete installation per 680 SY 141.00 95,880.00 COL Specifications and all other work considered incidental to this item. Remove and salvage existing brick pavers, including all material, #34 equipment and labor to perform removal, disposal and all other work 648 SY 41.00 26,568.00 considered incidental to this item. Brick shall be stored on pallet and returned to COL per engineering plans. Repair brick pavement, including all material, equipment and labor to #3-5 perform sub grade compaction and testing. Concrete installation per 35 SY 340.00 11,900.00 COL Specifications and all other work considered incidental to this item. Total (Items 1-1 through 3-5): $734,603.00 Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 5% of Bid Amount Dollars (S ), 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 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. (Seal if Bidder is a Corporation) ATT ST: t Sec Bidder acknowledges receipt of the following addenda: Addenda No. Date, Addenda No. Date Addenda No. Date Addenda No. Date Date: May 17, 2023 Z thorized Signature Randall Middleton, Vice -President (Printed or Typed Name) Rink's Lease Service, Inc. Company PO Box 456 Address Levelland Hockley City, County Texas 79336 State Zip Code Telephone: 806 - 894-7415 Fax: 806 - 894-3491 FEDERAL TAX ID or SOCIAL SECURITY No. 1-75-2260405-1 EMAIL: randall@rinksls.com M/WBE X oman BlackAmerican Native American Firm: tspanic Asian Pacitic Other pect X American American CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-1026878 Rink's Lease Service, Inc. Levelland, TX United States Date Filed: 05/26/2023 2 Name of governmental entity or state agency that is a party tot the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17332 Water Line Change Out Phase 5 Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Middleton, Kip Levelland, TX United States X Middleton, Randall Levelland, TX United States X Perez, Leanna Levelland, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Randall Middleton and my date of birth is My address is 1812 N Hwy 385 Levelland TX 79336 USA (street) (City) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct Executed in HoCkley County. State of Texas on the 26th day of May 2023 (month) (year) Signature of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us version vs.a.l.altseazca CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-1026878 Rink's Lease Service, Inc. Levelland, TX United States Date Filed: 05/26/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 05/30/2023 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17332 Water Line Change Out Phase 5 Nature of interest 4 Name of Interested Party City,State, Country (place of business) (check applicable) Controlling Intermediary Middleton, Kip Levelland, TX United States X Middleton, Randall Levelland, TX United States X Perez, Leanna Levelland, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: June 13, 2023 CITY OF LUBBOCK SPECIFICATIONS FOR Water Line Change Out Phase 5 ITB 23-17332-TF CONTRACT 17332 PROJECT NUMBER: 92749.9241.30000 Plans & Specifications may be obtained from hlt2s://ci-lubbock-tx.bonfirehub.com/ Ub City of bock TEXAS CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. S. 9. 10 11 12 13 14 NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK REFERENCE FORM 3-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-4. SAFETY RECORD QUESTIONNAIRE 3-5. SUSPENSION AND DEBARMENT CERTIFICATION 3-6. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL VERIFICATION LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES GENERAL CONDITIONS OF THE AGREEMENT DAVIS BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS 2 Page Intentionally Left Blank NOTICE TO BIDDERS Pate Intentionally Left Blank City of Lubbock ITB 23-17332-TF Water Line Change Out Phase 5 1. NOTICE TO BIDDERS 1.1. Bidders may submit responses electronically by uploading required documents at the City of Lubbock's partner website, Bonfire. This Invitation to Bid is for your convenience in submitting a bid for the specified project. If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of Purchasing and Contract Management: Physical: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 13 14 Avenue K, 9th Floor Lubbock, Texas 79401 Mailing: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME 1.2. Bids will be opened in the office of the Director of Purchasing and Contract Management, Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, and via teleconference as shown below at 3:00 PM on May 18, 2023, 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 above referenced. 1.3. After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. Bids will be opened via teleconference if date/time stamped on or before the deadline stated at the office listed above. The Zoom meeting information is as follows: Website: hops://zoom.us/j/9759171012?pwd=bkFtRTNIcXVlSkhWdkZiMDk4MXh2dzO9 Meeting ID: 975 917 1012 Passcode: 1314 1.4. It is the sole responsibility of the bidder to ensure that his bid is actually received by the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. 1.5. 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. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.6. Although bids may be submitted electronically, hard copy bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX BIDS. 1.7. Bids may be withdrawn prior to the above scheduled time set for closing. Alteration made before ITB opening must be initialed by bidder guaranteeing authenticity. 1.8. Bids are due at 3:00 PM on May 18, 2023, and the City of Lubbock Council members will consider the bids on June 13, 2023, at the Citizens Tower, 1314 Avenue K, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED. 1.9 NOTICE TO PROCEED WILL BE ISSUED 30 DAYS FOLLOWING THE AWARD OF THE CONTRACT BY THE LUBBOCK CITY COUNCIL. 1.10. Please allow time to upload required documentation. 24hrs in advance is recommended. 1.11. The estimated budget for this project is $800,000. 1.12. 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 proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the bidder. 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. 1.13. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from hops://ci-lbbock-tx.bonfirehub.com/portal/ at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 1.14. It shall be each bidder's sole responsibility to inspect the site of the work and to inform bidder 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. 2. PRE -BID MEETING 2.10. For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held May 9, 2023, at 11:00 a.m., via teleconference. The Zoom meeting information is as follows: Website: hops://zoom.us/j/92406259476?pwd=MIRKUkpIM2QrcWsvWEINT2ZpYIB5UT09 Meeting ID: 924 0625 9476 Passcode: 1314 2.11. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.12. 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. 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 bidders 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. 4. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will 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. 5. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 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 Page Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS 1. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 1.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or 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. 1.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Asst. Director City of Lubbock Purchasing and Contract Management Office 1314 Avenue K, Floor 9 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores@mylubbock.us 2. TIME AND ORDER FOR COMPLETION 2.1 The construction covered by the contract documents shall be substantially completed within 150 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 2.2 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. 2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure daily prosecution of the work is conducted every business day until the work is completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. GUARANTEES 3.1 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 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). 3.2 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. 3.3 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. 3.4 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. 4. BID AWARD 4.1 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 plus the sum of any Alternate Bids or Options the City may select. 4.2 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. 4.3 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. 4.4 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. 4.5 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. 4.6 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. GENERAL INSTRUCTIONS TO BIDDERS (Continued) 5. ADDENDA & MODIFICATIONS 5.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. 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. 5.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/ 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. 5.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 5.4 The City does not assume responsibility for the receipt of any addendum sent to bidders 6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 6.1 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. 6.2 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. 6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. 7. BID PREPARATION COSTS 7.1 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. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 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. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 8.4 Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below. ho2s://Iubbocktx.govga.us/WEBAPP/ rs/(S(guiyirflbtihahinycemucs))/SmportHome.aspx 8.5 For more information, please see the City of Lubbock Public Information Act website at: hlt2s://ci.lubbock.tx.us/pages/public-infonnation-act 9. LICENSES, PERMITS, TAXES 9.1 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. 10. UTILIZATION OF LOCAL BUSINESS RESOURCES 10.1 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. 11. CONFLICT OF INTEREST 11.1 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. 11.2 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. 11.3It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock 11.4 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire, Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed. The questionnaire can be found at: hlt2s://www.ethics.state.tx.us/fonns/conflict/ For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000, Lubbock, Texas, 79457 See Section 176.006, Local Government Code: http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 12. CONTRACT DOCUMENTS 12.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 12.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 13. CERTIFICATE OF INTERESTED PARTIES 13.1 Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply: 1) Contract requires an action or vote by the City Council (governing body); OR 2) Contract value is $1 Million or greater; OR 3) Contract is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code. This must be done before executing the contract. The disclosure form may be found at https://www.ethics.state.tx.us/whatsnew/elf_ info_forml295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable). 14. PLANS FOR USE BY BIDDERS 14.1 It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 15. PAYMENT 15.1 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 16. AFFIDAVITS OF BILLS PAID 16.1 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. 17. MATERIALS AND WORKMANSHIP 17.1 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 proj ect. 18. PLANS FOR THE CONTRACTOR 18.1 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 19.1 The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: 19.1.1 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. 19.1.2 A sworn statement of the current financial condition of the bidder. 19.1.3 Equipment schedule 20. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21. PROTECTION OF SUBSURFACE LINES AND STRUCTURES 21.1 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 22.1 The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23. EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3In 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 24.1 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 AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 26. LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.1.3 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. 26.2In 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 27.1 The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars ($60) for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28. PROVISIONS CONCERNING ESCALATION CLAUSES 28.1 Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29. PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2If 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. 29.3 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. 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. 30. BOUND COPY OF CONTRACT DOCUMENTS 30.1 Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. 29.2 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. OUALIFICATIONS OF BIDDERS 31.1 The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (c) The quality of performance of previous contracts or services. (d) The safety record of the Contractor and proposed Sub -Contractors 31.2 Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32. PLANS FOR THE CONTRACTOR 32.1 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. 33. ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34. PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($60) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 35. PROTEST 35.1 All protests regarding the ITB process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the ITB process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 35.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. Page Intentionally Left Blank BID SUBMITTAL FORM Pate Intentionally Left Blank BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: May 17, 2023 PROJECT NUMBER: ITB 23-17332-TF, Water Line Change Out Phase 5 Bid of Rink's Lease Service, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of the referenced project, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated. 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 150 consecutive calendar days with final completion of the project within 180 consecutive calendar days as stipulated in the specification and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages in the sum of $300 for each consecutive calendar day after substantial completion and liquidated damages in the sum of $100 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. 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 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 10 business days after notice of award of the contract to him. City of Lubbock, TX Public Works ITB 23-17332-TF Water Line Change Out Phase 5 Rink's Lease Service, Inc. of Levelland, TX # Items QTY Unit Extended +/- U/M Price Cost General #1-1 Mobilization - Contractor mobilization including move -in and move- 1 LS $31,500.00 31,500.00 out cost from each site location. Provide and maintain a Traffic Control Plan - Preparation, approval 91-2 from COL Traffic Engineering to all sites, and all other work 1 LS 12,600.00 12,600.00 considered incidental to this item. 91-3 Provide and maintain a SWPPP - Including preparation, NOI, NOT, 1 LS 7,400.00 7,400.00 and all other work considered incidental to this item. 91-4 Trench Safety 1825 LF 3.00 5,475.00 Railroad Coordination - All Items necessary for compliance with 91-5 BNSF Railway Permit, including but not limited to, insurance, 1 LS 19,500.00 19,500.00 inspection, and flagmen requirements. Water Improvements Furnish and install 6" C-900 DR-18 approved water pipe by open cut, #2-1 backfilled to 95% compaction, and tested as herein specified, 40 LF 100.00 4,000.00 including all equipment, tools, fittings, and labor to perform work. Furnish and install 8" C-900 DR-18 approved water pipe by open cut, 92-2 backfilled to 95% compaction, and tested as herein specified, 1785 LF 83.00 148,155.00 including all equipment, tools, fittings, and labor to perform work. Furnish and install 8" C-900 DR-18 approved water pipe by bore, 92-3 backfilled to 95% compaction, and tested as herein specified, 150 LF 245.00 36,750.00 including all equipment, tools, fittings, and labor to perform work. Furnish and install 8" C-900 DR-18 approved water pipe and 16" steel encasement by bore, backfilled to 95% compaction, and tested as 92-4 herein specified, including all equipment, tools, fittings, and labor to 106 LF 750.00 79,500.00 perform work. Furnish and install 6" gate valve and box as herein specified, 92-5 including all equipment, tools, and labor to perform work. 2 EA 2,450.00 4,900.00 Furnish and install 8" gate valve and box as herein specified, 92-6 including all equipment, tools, and labor to perform work. g EA 3,250.00 26,000.00 92-7 Cut, plug, abandon, and grout fill existing 2" water line, as herein 1 EA 9,250.00 9,250.00 specified, including all equipment, tools, and labor to perform work. Cut, plug, and abandon existing 4" water line, as herein specified, 42-8 including all equipment, tools, and labor to perform work. 2 EA 3,120.00 6,240.00 Cut, plug, and abandon existing 6" water line, as herein specified, 42-9 including all equipment, tools, and labor to perform work. 1 EA 3,150.00 3,150.00 Cut, plug, and abandon existing 8" water line, as herein specified, 42-10 including all equipment, tools, and labor to perform work. 1 EA 3,750.00 3,750.00 City of Lubbock, TX Public Works ITB 23-17332-TF Water Line Change Out Phase 5 92-11 Furnish and install 12"x8" Tapping Sleeve and valve as herein 2 EA 5,200.00 10,400.00 specified, including all equipment, tools, and labor to perform work. 92-12 Furnish and reconnect 3/4" - 1" service lines as herein specified, 22 EA 2,970.00 65,340.00 including all equipment, tools, and labor to perform work. Furnish and reconnect 2" service lines as herein specified, including #2-13 2 EA 5,000.00 10,000.00 all equipment, tools, and labor to perform work. 92-14 Flowable backfill as approved, complete and in place per 335 CY 235.00 78,725.00 Specifications. Paving Repair Saw cut and remove existing asphalt paving, including all material, 93-1 equipment and labor to perform removal, disposal and all other work 285 SY 37.00 10,545.00 considered incidental to this item. Repair asphalt paving, including all material, equipment and labor to #3-2 perform sub grade compaction and testing. HMAC installation per 285 SY 95.00 27,075.00 COL Specifications and all other work considered incidental to this item. Repair concrete paving, including all material, equipment and labor to 93-3 perform sub grade compaction and testing. Concrete installation per 680 SY 141.00 95,880.00 COL Specifications and all other work considered incidental to this item. Remove and salvage existing brick pavers, including all material, 93-4 equipment and labor to perform removal, disposal and all other work 648 SY 41.00 26,568.00 considered incidental to this item. Brick shall be stored on pallet and returned to COL per engineering plans. Repair brick pavement, including all material, equipment and labor to 93-5 perform sub grade compaction and testing. Concrete installation per 35 SY 340.00 11,900.00 COL Specifications and all other work considered incidental to this item. Total (Items 1-1 through 3-5): $734,603.00 Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 5% of Bid Amount 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 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. (Seal if Bidder is a Corporation) ATT ST: nf/ r�i Sec Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: may 17, 2023 Z thorized Signature Randall Middleton, Vice -President (Printed or Typed Name) Rink's Lease Service, Inc. Company PO Box 456 Address Levelland Hockley City, County Texas 79336 State Zip Code Telephone: 806 - 894-7415 Fax: 806 - 894-3491 FEDERAL TAX ID or SOCIAL SECURITY No. 1-75-2260405-1 EMAIL: randall@rinksls.com M/WBE X oman BlackAmerican attve mertcan Firm: X ispanic Asian Pacific ter pect American American INSURANCE REQUIREMENTS I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-1 10) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub - recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certification is required from a Company if the Company has 10 or more full-time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. TEXAS GOVERNMENT CODE 2274 By entering into this Agreement, Contractor verifies that: -(I) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least S100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. Agreement Example Review This sample Agreement has been reviewed and ()() is acceptable ( ) is acceptable as noted Contractor Acknowledgement In compliance with this solicitation, the undersigned bidder, having examined the bid documents, instructions to bidders, documents associated with the invitation to bid, and being familiar with the conditions to be met has reviewed the above information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in bid rejection. By signing below, the terms stated have been reviewed and approved. Company Name: Signed By: Rink's Lease Service, Inc. Print ]dame and -ritie: Randall Middleton, Vice -President Date: May 17, 2023 Liberty Mutual SURETY CONTRACTOR: (:Name, legal status and address) RINK'S LEASE SERVICE, INC. P. O. BOX 456 LEVELLAND, TEXAS 79336 OWNER: (Name, legal status and address) CITY OF LUBBOCK LUBBOCK, TEXAS BOND AMOUNT: 5% Bid Bond SURETY: 0 ame, legal status and principal place of business) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 MAILING ADDRESS FOR NOTICES Liberty Mutual Surety Claims P.O. Box 34526 Seattle, WA 98124 Five Percent of Bid Amount PROJECT: (Name. IoL cmon or address, and Project number, if any) WATER LINE CHANGE OUT PAHSE 5 ITB 23-17332-TF 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. 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 18th day of MAY , 2023 (Witn o 5's�) /aW-070-J l'eEt/DE-n �-�a - 4"� � itness) RLA HILL RINK'S LEASE SERVICE, INC (Contrac as i ' al) (Seal) Liberty Mutu 1 Insurance Compan �NSU (Surety)�0��o�°m 11912 �J1 9ACMU5 .aD (Title) HOWARDtOWAN, ATTORNEY -IN -FACT Init. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text I LMs-20862e 02121 in AIA Document A310-2010 Edition Bid Bond. 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 Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8197873 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Marla Hill, Howard Cowan all of the city of Lubbock state of TX 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 obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this I st day of November , 2018 . Liberty Mutual Insurance Company \NSUR �11 INSVq� a %NSU p� The Ohio Casualty Insurance Company �JpGoaPORyr9yC+ C6 C, Poor 9Z VP`oaPo�Ty0 West American Insurance Company J 3 Fo Rt Q 3 `co C+ r `°o Rt 1912y0 0 1919 1991 0 : o a N YdJ19sS4CHUg� .da SO F�hA MP`�vND a� IANP a f[tt e,� * *.x dyl * d s�M By: David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss 0 N On this I st day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o Fa Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. _-a p, PAS TF! 0 N COMMONWEALTH OF PENNSYLVANIA NWP �4�5 �pp do ti VOA y OF Notarial Seal Teresa Pastella, Notary Public 6 2 Upper Marion Twp., Montgomery County By: tisvLVP I� My Commission Expires March 28, 2021 Teresa Pastella, Notary Public Member, Pennsylvania Association of Notaries a) CO � C a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o .S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: L ARTICLE IV — OFFICERS: Section 12, Power of Attorney. o m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a >, President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety C any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall ` have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Z� instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 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. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that 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. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18th day of MAY 2023 1NSUq 1" INS& a \NSUR j24ONPORgr Q joDavor�loQ9711 \V 2OONPo{�To Q F J�—r_A� 1912 o : 1919 o a 1991 0 _ ADHu9dD ZO &sa�rND1ANP D� By: 0/7 * *� ,,hl �aa s�,M * �aa Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 c 0 H U) Lu E a CD M a C f0 E Co O O c (D N M 0 It CV 0? CV M 0 d Page Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Similar Projects and Reference Form Please list three references of current customers who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work. Please do not use the City of Lubbock. REFERENCE ONE Company Name: Parkhill Address: 4222 85th Street Lubbock, TX Contact Person and Title: Daniel Albus, PE Phone: 806-638-7056 Email: Dalbus@parkhill.com Similar Project: LEDA Leprino Treated Effluent Line Year 8/22-5/23 Company Name: Parkhill REFERENCE TWO Address: 4222 85th Street Lubbock, TX Contact Person and Title: Landon Allen, PE Phone: 806-283-2881 Similar Project: Company Name: Email: Lallen@parkhill.com Levelland 8th Street Waterline & Levelland Industrial Rail Park Utility Improvements REFERENCE THREE Texland Petroleum Address: 6812 Wayne Ave Lubbock, TX Contact Person and Title: Kirk Jackson, Operations Manger Phone: 432-894-1461 Year Summer 2022 Email: Kjackson@texpetro.com Similar Project: Multiple Oilfield Pipeline Projects Year2021-Present Page Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four (4) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X. If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO X If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO x If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR Provide your co pany's Experience Modification Rate and supporting information: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Aignature .1 - Randall Middleton, Vice -President Title McANALLY/ - - , April 19, 2023 Rink's Lease Service, Inc. P.O. Box 456 Levelland, TX 79336 W I L K I N S I N S U R A N C E RE: Workers' Compensation Experience Modifier To Whom It May Concern: As per your request, following are the modifiers that were used on your Workers' Compensation policies: Rating Effective Date: 4/21/2023: .82 Please let me know if you need anything further or if I can be of additional service. Best Regards, 4&1alte Me a n Account Manager PO Box 60810, Midland, TX 7971 1 (432) 685-9300 Phone (432) 685-9399 Fax Page Intentionally Left Blank NON -COLLUSION AFFIDAVIT STATE OF TEXAS LUBBOCK COUNTY Randall Middleton being first duly sworn, on his/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said respondent has not directly induced or solicited any firm on the above work or supplies to put in a sham , or any other person or corporation to refrain from a statement of qualifications; and that said firm has not in any manner sought by collusion to secure to self an advantage over any other firm or firms. Rink's Lease Service, Inc. Firm Randall Middleton Name S Vice, President Title Subscribed and sworn to before me this C V I day of 20 a3 t� / :1 It Notary�Dblid.) (J My Commission Expires: I H aL35 Jaoqucynn Amaroa V-'Ws s { [SO:My Commission E < . res12/14/2025 Notary !^ 13349055; NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE SUBMISSION Page Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. PROPOSED LIST OF SUB -CONTRACTORS Company Name Location Services Provided West Texas Boring Odessa, TX BNSF Auger Bore Minoritv Owned Yes No ❑ X ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR RESPONSE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: Rink's Lease Service, Inc. (PRINT NAME OF COMPANY) Pate Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when responses are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. FINAL LIST OF SUB -CONTRACTORS Company Name Location Services Provided West Texas Boring Odessa, TX BNSF Auger Bore SUBMITTED BY: Rink's Lease Service, Inc. (PRINT NAME OF COMPANY) Minority Owned Yes No ❑ X ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN RESPONSES ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO Pate Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank 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 Rink's Lease Service, Inc. (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 Seven Hundred Thirty -Four Thousand Six Hundred Three Dollars $734 603 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 13" day of June, 2023, to ITB 23-17332-TF Water Line Change Out Phase 5 and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 2023. Surety *By (Title) (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Approved as to form: City of Lubbock By: City Attorney (Title) * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Page Intentionally Left Blank PERFORMANCE BOND Pate Intentionally Left Blank 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 Rink's Lease Service, Inc. (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 Seven Hundred Thirty -Four Thousand Six Hundred Three Dollars $734 603) 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 13" day of June, 2023, to ITB 23-17332-TF Water Line Change Out Phase 5 and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of , 2023. Surety * By (Title) (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Page Intentionally Left Blank CERTIFICATE OF INSURANCE Page Intentionally Left Blank CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY LJ Commercial General Liability General Aggregate $ LJ Claims Made Products-Comp/Op AGG $ LJ Occurrence Personal & Adv. Injury $ LJ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY LJ Any Auto Combined Single Limit $ LJ All Owned Autos Bodily Injury (Per Person) $ LJ Scheduled Autos Bodily Injury (Per Accident) $ LJ Hired Autos Property Damage $ LJ Non -Owned Autos LJ GARAGE LIABILITY LJ Any Auto Auto Only - Each Accident $ LJ Other than Auto Only: Each Accident $ Aggregate $ LJ BUILDER'S RISK LJ 100% of the Total Contract Price $ LJ INSTALLATIONELOATER $ EXCESS LIABILITY LJ Umbrella Form Each Occurrence $ Aggregate $ LJ Other Than Umbrella Form $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY The Proprietor/ LJ Included Statutory Limits Partners/Executive LJ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) ma Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto 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 SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (D) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (n) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. Page Intentionally Left Blank CONTRACT Page Intentionally Left Blank Contract 17332 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13' day of June, 2023 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Rink's Lease Service, Inc. of the City of Levelland, County of Hockley and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: ITB 23-17332-TF Water Line Change Out Phase 5 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Rink's Lease Service, Inc.'s bid dated May 17, 2023, is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: CITY OF LUBBOCK, TEXAS (OWNER): Rink's Lease Service, Inc. By: PRINTED NAME: TITLE: COMPLETE ADDRESS: Rink's Lease Service, Inc. PO Box 456 Levelland, TX 79336 ATTEST: Corporate Secretary By: Tray Payne, Mayor ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Public Works Representative Name (Printed) Date APPROVED AS TO FORM: Kelli Leisure, Senior Assistant City Attorney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Parry, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to wit Rink's Lease Service, Inc. who has agreed tc perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Josh Kristinek, P.E., Assistant City Engineer/Capital Projects & Design, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Response, 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". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right tc 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 officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished five copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any person or persons on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or persons shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents 22 23 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. 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. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. Commercial General Liability Requirements: $IM occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automatically add an excess liability of $4M. Commercial General Liabili . HeavyEquipment Endorsement: Heavy equipment endorsement is required Commercial General Liability Digging Endorsement: XCU endorsement is required Automobile Liability Requirements: $1M/occurrence is needed Builder's Risk Requirements: Builder's Risk Insurance is needed for this project, and at a minimum, the insurance should cover the full insurable value of the improvements. Workers Compensation Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1M) is required with Workers Compensation. Special Insurances Crime Protection Coverage Requirements: Employee Dishonesty or Fidelity Bond coverage REQUIRED in an amount equal to the maximum exposure. * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non- payment. * Carriers must meet a A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 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 proj ect 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 proj ect; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete proj ect. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-4000 (wwmai.state.tmus) 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 aproject, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the proj ect; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: `By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIOUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the Notice to Proceed and contract documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $300 PER 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. If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100 PER 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 fail to meet the time requirements 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 in such order of precedence, and in such manner as shall be most conductive to economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Further, when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative) may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workers, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities not exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment 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: (i) in the event the total value of the contract is five million dollars or more, 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; or (ii) in the event the total value of the contract is less than five million dollars, 10% or less, of the amount thereof, which percentage shall be retained until final payment, and further, less all previous payments and all further sums may be retained by Owner under the terms of the contract documents ("Retainage"). If Contractor engages a sub -contractor to perform all or part of Contractor's work under the contract, the Contractor shall not withhold a greater percentage of Retainage than the percentage set out in in this section pertaining to the Contractor. Contractor shall likewise require any subcontractor it engages to comply with section 2252.032 of the Texas Government Code. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within fifteen (15) calendar 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. The work will be deemed substantially complete when the work (or a specified portion thereof) has progressed to the point where, in the opinion of the Owner or Owner's Representative, the work (or a specified portion thereof) is sufficiently complete, in accordance with all the contract documents, including the Proposal and all applicable technical specifications, so that the work (or a specified portion thereof) can be utilized for the purposes for which it is intended without unscheduled disruption. Owner may, in its sole discretion, release all or a portion of the Retainage upon Owner's receipt of the certificate of substantial completion for all of the work or a specified portion thereof. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. Owner may, in its sole discretion, release all or a portion of the Retainage for fully completed and accepted portions of the work. Notwithstanding the foregoing, Owner may withhold the Retainage if there is a bona fide dispute between Owner and Contractor according to section 2252.032(f) of the Texas Government Code. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. 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 year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non- compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. 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 persons and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man-made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 60. LABOR CODE CHAPTER 214 Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code, shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the person directly retains and compensates for services performed in connection with the contract. (b) In this subsection, "subcontractor" means a person directly retained and compensated by a person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code. A subcontractor shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the subcontractor directly retains and compensates for services performed in connection with the contract for which the subcontractor is retained. (c) A person who fails to properly classify an individual as required by Subsection (a) or (b) shall pay to the commission a penalty equal to $200 for each individual that the person has not properly classified. (d) The commission may not take action to collect a penalty under this section from a person after the third anniversary of the date on which the violation occurred. 61. CERTIFICATE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: https://ci .lubbock.tx.us/departments/purchasing/vendor-infonnati on 62. TEXAS GOVERNMENT CODE SECTION 2252.152 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 63. TEXAS GOVERNMENT CODE SECTION 2271.002 Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 64. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 65. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 66. CONFIDENTIALITY The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 67. INDEMNITY The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 68. PROFESSIONAL RESPONSIBILITY All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. 69. TEXAS SENATE BILL 219 SUBCHAPTER B ITEMS B AND C (b) A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications, or other design documents, disclose in writing to the person with whom the contractor enters into a contract the existence of any known defect in the plans, specifications, or other design documents that is discovered by the contractor, or that reasonably should have been discovered by the contractor using diligence, before or during construction. In this subsection, ordinary diligence means the observations of the plans, specifications, or other design documents or the improvement to real property that a contractor would make in the reasonable preparation of a bid or fulfillment of its scope of work under normal circumstances. Ordinary diligence does not require that the contractor engage a person licensed or registered under Title 6, Occupations Code, or any other person with specialized skills. A disclosure under this subsection is made in the contractor's capacity as contractor and not as a licensed professional under Title 6, Occupations Code. (c) A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the consequences of defects that result from the failure to disclose. DAVIS BACON WAGE DETERMINATIONS EXHIBIT A "General Decision Number: TX20230002 01/06/2023 Superseded General Decision Number: TX20220002 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 Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). JIf the contract is entered Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2023. 1 If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: Executive Order 13658 generally applies to the contract. The contractor must pay alli covered workers at least $12.15 per hour (or the applicable wage rate listedi on this wage determination, if it is higher) for all hours spent performing on that contract in 2023. 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 SUTX2011-002 08/02/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving & Structures)...$ 13.55 ** ELECTRICIAN ......................$ 20.96 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 12.36 ** Structures ..................$ 13.52 ** LABORER Asphalt Raker ...............$ 12.28 ** Flagger.....................$ 9.30 ** Laborer, Common .............$ 10.30 ** Laborer, Utility............$ 11.80 ** Work Zone Barricade Servicer....................$ 10.30 ** POWER EQUIPMENT OPERATOR: Asphalt Distributer.........$ 14.87 ** Asphalt Paving Machine......$ 13.40 ** Broom and Sweeper...........$ 11.21 ** Crane, Lattice Boom 80 Tons or Less ................$ 16.82 Crawler Tractor Operator....$ 13.96 ** Excavator, 50,000 lbs or less ........................$ 13.46 ** Front End Loader Operator, Over 3 CY...................$ 12.77 ** Front End Loader, 3CY or less ........................$ 12.28 ** Loader/Backhoe..............$ 14.18 ** Mechanic ....................$ 20.14 Milling Machine .............$ 15.54 ** Motor Grader, Rough........$ 16.15 ** Motor Grader, Fine..........$ 17.49 Pavement Marking Machine....$ 16.42 Reclaimer/Pulverizer........$ 12.85 ** Roller, Asphalt .............$ 10.95 ** Roller, Other ...............$ 10.36 ** Scraper .....................$ 10.61 ** Spreader Box ................$ 12.60 ** Servicer .........................$ 13.98 ** Steel Worker (Reinforcing).......$ 13.50 ** TRUCK DRIVER Lowboy -Float ................$ 14.46 ** Single Axle .................$ 12.74 ** Single or Tandem Axle Dump..$ 11.33 ** Tandem Axle Tractor with Semi ........................$ 12.49 ** ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAW"' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 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 National Office because National Office has 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 DECISIO" Pate Intentionally Left Blank EXHIBITS B & C City of Lubbock Overtime Legal Holiday Prevailing Wage Rates The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. The rate for legal holidays shall be as required by the Fair Labor Standards Act. Page Intentionally Left Blank SPECIFICATIONS Page Intentionally Left Blank �fA�+" City of Lubbock Water Line Change Out Phase 5 � Cit, of ,fLubbo6k TEXAS TECHNICAL SPECIFICATIONS APRIL 2023 Ir'tp'� � • O F T ��q�1 JOSH KRISTINEK 9'., 123228 '"a �� ��OENSEa��� i L.S. ... Water Line Change Out Phase 5 01010-1 July 2022 tv of Lubbock TABLE OF CONTENTS CITY OF LUBBOCK WATER LINE CHANGE OUT PHASE 5 SECTION 01010: SUMMARY OF WORK.................................................................................................3 SECTION 01019: CONTRACT CONSIDERATIONS................................................................................7 SECTION 01020: MEASUREMENT AND PAYMENT.............................................................................8 SECTION 01028: CHANGE ORDER PROCEDURES.............................................................................12 SECTION 01039: COORDINATION AND MEETINGS..........................................................................15 SECTION 01140: WORK RESTRICTIONS..............................................................................................18 SECTION 01300: SUBMITTAL PROCEDURES......................................................................................21 SECTION 0 13 10: PROGRESS SCHEDULES...........................................................................................25 SECTION 01356: STORMMWATER POLLUTION PREVENTION MEASURES................................27 SECTION 01400: QUALITY REQUIREMENTS......................................................................................31 SECTION 01410: TESTING LABORATORY SERVICES.......................................................................35 SECTION 01555: BARRICADES, SIGNS, AND TRAFFIC HANDLING..............................................38 SECTION 01576: WASTE MATERIAL DISPOSAL................................................................................39 SECTION 01700: CONTRACT CLOSEOUT............................................................................................41 SECTION 02221: REMOVING EXISTING PAVEMENTS......................................................................43 SECTION 02240: DEWATERING.............................................................................................................45 SECTION 02257: CONTROLLED LOW STRENGTH MATERIAL - FLOWABLE FILL ....................49 SECTION 02260: EXCAVATION SUPPORT AND PROTECTION.......................................................52 SECTION 02317: EXCAVATION AND BACKFILL FOR UTILITIES..................................................55 SECTION 02320: UTILITY BACKFILL MATERIALS...........................................................................65 SECTION 02445: BORES AND ENCASEMENTS...................................................................................69 SECTION 02510: REDUCED PRESSURE ZONE DEVICES FOR WATER DISTRIBUTION .............74 SECTION 02611: STEEL CASING PIPE..................................................................................................82 SECTION 02665: WATER PIPING, VALVES, AND FITTINGS............................................................86 SECTION 03300: CAST -IN -PLACE CONCRETE..................................................................................100 Water Line Change Out Phase 5 01010-2 July 2022 tv of Lubbock SECTION 01010: SUMMARY OF WORK PART1 GENERAL 1.1 SUMMARY A. This section covers the description of the Work to be completed under these Specifications. B. The OWNER is the City of Lubbock. (1) The Owner's Representative is: Josh Kristinek, P.E. Assistant City Engineer City of Lubbock O: (806) 775-3397 (2) The Project Manager is: James Dean, E.I.T. Civil Engineer Associate CIP and Design City of Lubbock O: (806) 775-3254 C. Section includes: (1) Definitions (2) Project description (3) Permits and licenses (4) Access to site (5) Contractor's use of the premises (6) Project schedule (7) Security Procedures (8) Coordination requirements (9) Pre -construction meeting (10) Warranty 1.2 DEFINITIONS A. Furnish: To supply products to the project site, including delivering ready for unloading and replacing damaged and rejected products. B. Install: To put products in place in the work ready for the intended use, including unloading, unpacking, handling, storing, assembling, installing, erecting, placing, applying, anchoring, working, finishing, curing, protecting, cleaning, and similar operations. C. Provide: To furnish and install products. Water Line Change Out Phase 5 01010-3 July 2022 tv of *Lubbock D. Indicated: Shown, noted, scheduled, specified, or drawn, somewhere in the contract documents. 1.3 PROJECT DESCRIPTION A. The purpose of this project is to replace aging waterlines in Downtown Lubbock to ensure reliable water service. B. Major work items are: (1) Connect to existing 12" water line on Broadway between Ave J and Texas Ave. (2) Provide and install 715 LF of new 8" C-900 DR-18 water line in alley, including reducers, shut-off gate valves and bends installed by trench or bore. (3) Connect new 8" water line to existing services and meters, including fire hydrants. (4) Repair streets, ditches and driveway approaches to prior conditions as required. (5) Connect to existing 3" water line on Avenue K south of 2nd Street. (6) Provide and install 1205 LF of new 6" and 8" C-900 DR-18 water line in street, including reducers, shut-off gate valves and bends installed by trench or bore. (7) Provide and install 106 LF of new 8" C-900 DR-18 in 16" steel encasement by bore underneath BNSF Railway. C. The Contractor shall furnish all labor, equipment, and materials required for the complete construction of the work as shown on the drawings and specified herein. D. All work shall be performed in accordance with the most recent City of Lubbock Design Standards for Water and Sanitary Sewer construction. E. A maximum of 500 feet of trench open at a time. F. Contractor shall set up and maintain traffic control as required to complete the work as shown on the drawings and specified herein. G. Contractor shall coordinate with Lubbock and BNSF Railway and meet all requirements of permits and agreements between the City of Lubbock and Lubbock and BNSF Railway, LLC. All costs to comply with the railroad permit(s) shall be incurred by the Contractor, including but not limited to, flagmen, liability insurance, and safety training. H. Contractor shall coordinate with TxDOT and meet all requirements of permits and agreements between the City of Lubbock and TxDOT. All costs to comply with the TxDot permit(s) shall be incurred by the contractor. 1.4 Work shall also include restoration or replacement of all removed or damaged pavement, curb, sidewalk, gutter, shrubbery, fence, sod or other disturbed surfaces or structures in a condition equal to that before the work began to the satisfaction of the Engineer. 1.5 PERMITS AND LICENSES A. Contractor shall provide qualifications to the Owner upon request to display evidence of competency and authority to perform required work. B. Contractor shall be responsible for obtaining all required permits. Water Line Change Out Phase 5 01010-4 July 2022 tv of *Lubbock C. Contractor shall submit copies of all permits, licenses, and similar permissions obtained, and receipts for fees paid, to the Owner. 1.6 ACCESS TO SITES A. Contractor shall limit access to the site to authorized personnel only. B. Contractor shall adequately barricaded open excavations and construction material and equipment as to prevent unauthorized personnel from accessing. C. The Owner shall locate and designate all manhole access points open and accessible for the work, and provide rights of access to these points. D. Contractor shall coordinate with the City Solid Waste Services to maintain trash pickup schedules when working with in the alley right of way. 1.7 CONTRACTOR'S USE OF THE PREMISES A. The space available to the Contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project, is restricted to the area shown on the site plan of the contract drawings unless the Contractor makes arrangements to use additional space with the Owner. B. The contractor shall ensure that any disturbed area is left in a condition equal to or better condition before finishing construction in the area. 1.8 PROJECT SCHEDULE A. The Work summarized above shall be substantially completed within 150 calendar days from the date of the Notice to Proceed. B. There will be a $300.00 per day liquidated damages for each day that exceeds the 150 day limit. C. Within five (5) business days after the date of the Substantial Completion Certificate, the Engineer shall issue a Final Punch List of items to be corrected prior to Final Completion. D. Punch list items shall be complete within 30 calendar days from the date of the Final Punch List. There shall be $100 day liquidated damages assessed for each day that exceeds the 30 day limit. PART 2 PRODUCTS Not used. PART 3 EXECUTION 3.1 SECURITY PROCEDURES A. Contractor shall limit access to the site to persons involved in the work. B. Contractor shall provide secure storage for materials for which the owner has made payments and which are stored on site. C. Contractor shall secure completed work as required to prevent loss or damage. Water Line Change Out Phase 5 01010-5 July 2022 tv of ",Lubbock D. Contractor shall secure sites by means of fencing, security guards, or other means to prevent damage, theft, safety hazards, or other problems on the site. E. The use of security personnel shall be cleared with the Owner. 3.2 COORDINATION REQUIREMENTS A. Contractor shall inform the Owner when coordination of the work is required. B. If necessary, inform each party involved, in writing, of procedures required for coordination; include requirements for giving notice, submitting reports, and attending meetings. C. Coordinate shop drawings prepared by separate entities. D. Show installation sequence when necessary for proper installation. 3.3 PRE -CONSTRUCTION MEETING A. A pre -construction meeting will be held at City Hall within ten (10) days of the date of Notice to Proceed and prior to any construction taking place. 3.4 WARRANTY A. Contractor shall warrant 100% of the project for one (1) year after the date of substantial acceptance of the work. B. On the eleventh (11) month from the date of final acceptance, an Owner's representative will schedule an inspection with the presence of the Contractor to inspect for defects and assessment of the work performed. C. Any work that is considered defective by the Owner's representative will be repaired. D. The Contractor shall remedy any defects in workmanship, and pay for any and all damages of any nature whatsoever resulting in defects at no cost to the Owner. END OF SECTION Water Line Change Out Phase 5 01010-6 July 2022 tv of *Lubbock SECTION 01019: CONTRACT CONSIDERATIONS PART1 GENERAL 1.1 SUMMARY A. This section covers the method for the Contractor to request payment for completed work. B. Section includes: (1) Schedule of Values (2) Application for Payment (3) Payment Retainage 1.2 SCHEDULE OF VALUES A. Contractor shall submit a Schedule of Values on Engineer approved Contractor's form within five (5) days after receiving the bid tabulation. B. Revise schedule to include approved Change Orders, with each Application for Payment. 1.3 APPLICATIONS FOR PAYMENT A. Submit two (2) copies of each application on Engineer approved Contractor's form. B. Utilize Schedule of Values for listing items in Application for Payment. C. Monthly, submit application for payment on or about the loth day of each month. D. Include an updated construction progress schedule, materials received, and manifest with each Application for Payment E. Submit the following along with the application for final payment: (1) The documentation for the completed project. (2) Signed affidavit from a Notary Public that all claims on this job have been settled and that all bills owed by the Contractor for the project including materials and labor have been paid. (3) One (1) year Contractor Warranty for work performed, signed and sealed by a Notary Public. 1.4 PAYMENT RETAINAGE A. The Owner will retain five (5) percent of each payment. B. Retainage will be released as final payment, upon completion of the Final Punch List. PART 2 PRODUCTS Not used. PART 3 EXECUTION Not used END OF SECTION Water Line Change Out Phase 5 01019-7 July 2022 ORIGINAL TOWN OF LUBBOCK WATERLINE REPLACEMENT PART 1 - GENERAL 1.1 1.2 1.3 1.4 SECTION 01020 MEASUREMENT AND PAYMENT SCOPE A. The following sections shall be used to define measurements and payments for this project. The unit price bid on each item as stated in the bid proposal shall include furnishing all labor, superintendence, machinery, equipment, and materials except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. Only those items indicated on bid documents and plan sheets will be included for construction and payment. MOBILIZATION A. The cost for mobilization shall be limited to no more than 10% of the Contract amount for construction items (materials and labor) bid for this project. B. Mobilization shall include costs associated with move -in related equipment and labor, bid bond, performance and construction bonds and insurance related for this project. This would include the establishment and removal of offices, plants and facilities, movement of personnel, equipment, and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items. This Item will be measured by the lump sum as the work progresses. TRAFFIC CONTROL A. A traffic control plan must be maintained for the duration of the project. This includes supplying and designing a traffic control plan as well as any coordination with adjacent property tenants regarding any changes that may impact operations, parking, etc... The unit price bid shall include furnishing and placing all materials and signage necessary to implement the traffic control plan provided. STORM WATER POLLUTION PREVENTION PLAN Payment will be made on a lump sum basis for the Storm Water Pollution Prevention Plan. Partial payment will be made on a pro-rata basis as a percentage of the construction contract duration. The sum of the partial payments made for storm water pollution prevention shall not exceed 90% of the lump sum price bid for storm water pollution prevention prior to the termination of the construction contract. No partial payment will be made for partial storm water pollution prevention measures. Payment shall not be made for this item where the Owner determines a lack of evidence that storm water pollution prevention measures were used, or that the measures installed do not meet the requirements of the plan. No additional payments will be allowed where storm water pollution prevention is required because of work being remedied due to not meeting the requirements of the plans and specifications. The unit price bid shall include furnishing and installing all materials, filing Notice of Intent/Termination forms, inspections, maintenance, silt fences, hay bales, sand bags, diversion swales and any other measure and/or incidentals required for compliance with NPDES Permit. May 2021 MEASUREMENT AND PAYMENT 01020 - 1 ORIGINAL TOWN OF LUBBOCK WATERLINE REPLACEMENT 1.5 TRENCH SAFETY A. Trench safety must be maintained for the duration of the project. This includes supplying and placing trench safety equipment as required. Trench safety will be paid, by the linear foot, of trench constructed that necessitated trench safety. The unit price bid shall include furnishing and placing all materials and signage necessary to implement trench safety to City of Lubbock standards. 1.6 FURNISH AND INSTALL 6" C-900 PVC WATER PIPE IN OPEN CUT TRENCH A. Measurement will be paid for at the unit bid price per linear foot of pipe installed. The unit price bid shall include furnishing and installing all materials, fittings, excavation, filling, backfilling, and all incidentals necessary to complete the work to City of Lubbock standards. 1.7 FURNISH AND INSTALL 8" C-900 PVC WATER PIPE IN OPEN CUT TRENCH A. Measurement will be paid for at the unit bid price per linear foot of pipe installed. The unit price bid shall include furnishing and installing all materials, fittings, excavation, filling, backfilling, and all incidentals necessary to complete the work to City of Lubbock standards. 1.8 FURNISH AND INSTALL 8" C-900 PVC WATER PIPE IN BY BORE A. Measurement will be paid for at the unit bid price per linear foot of pipe installed. The unit price bid shall include furnishing and installing all materials, fittings, excavation, filling, backfilling, and all incidentals necessary to complete the work to City of Lubbock standards. 1.9 FURNISH AND INSTALL 8" C-900 PVC WATER PIPE AND 16" STEEL ENCASEMENT BY BORE A. Measurement will be paid for at the unit bid price per linear foot of pipe installed. The unit price bid shall include furnishing and installing all materials, fittings, excavation, filling, backfilling, and all incidentals necessary to complete the work to City of Lubbock standards. 1.10 FURNISH AND INSTALL 6" VALVE A. Measurement will be paid for at the unit bid price per each valve installed. The unit price bid shall include furnishing and installing all materials, fittings, excavation, filling, backfilling, and all incidentals necessary to complete the work to City of Lubbock standards. 1.11 FURNISH AND INSTALL 8" VALVE A. Measurement will be paid for at the unit bid price per each valve installed. The unit price bid shall include furnishing and installing all materials, fittings, excavation, filling, backfilling, and all incidentals necessary to complete the work to City of Lubbock standards. 1.12 CUT, PLUG, ABANDON, AND GROUT FILL EXISTING 2" WATER LINE A. Measurement will be paid for at the unit bid price per line plugged, grout filled, and abandoned. The unit price bid shall include furnishing and installing all materials, fittings, excavation, filling, backfilling, and all incidentals necessary to complete the work to City of Lubbock and BNSF Railway standards. 1.13 CUT, PLUG, AND ABANDON EXISTING 4" WATER LINE A. Measurement will be paid for at the unit bid price per waterline plugged and abandoned. The unit price bid shall include furnishing and installing all materials, fittings, excavation, filling, backfilling, and all incidentals necessary to complete the work to City of Lubbock standards. May 2021 MEASUREMENT AND PAYMENT 01020 - 2 ORIGINAL TOWN OF LUBBOCK WATERLINE REPLACEMENT 1.14 CUT, PLUG, AND ABANDON EXISTING 6" WATER LINE A. Measurement will be paid for at the unit bid price per waterline plugged and abandoned. The unit price bid shall include furnishing and installing all materials, fittings, excavation, filling, backfilling, and all incidentals necessary to complete the work to City of Lubbock standards. 1.15 CUT, PLUG, AND ABANDON EXISTING 8" WATER LINE A. Measurement will be paid for at the unit bid price per waterline plugged and abandoned. The unit price bid shall include furnishing and installing all materials, fittings, excavation, filling, backfilling, and all incidentals necessary to complete the work to City of Lubbock standards. 1.16 FURNISH AND INSTALL 12" X 8" TAPPING SLEEVE AND VALVE A. Payment for tapping sleeves will be made on number of tapping sleeves installed. The unit price bid shall include furnishing and installing all materials, fittings and any excavation, backfilling and all incidentals necessary to complete the work to City of Lubbock standards. 1.17 INSTALL SERVICE TAPS A. Payment for service taps will be made on a size of tap and taps installed, basis. The unit price bid shall include furnishing and installing all materials and fittings and any excavation, backfilling and all incidentals necessary to complete the work to City of Lubbock standards. 1.18 FLOWFILL A. Measurement of flow fill will be the volume, in cubic yards, of flow fill used. Payment will be made at the unit price bid per cubic yard. The unit price bid shall include furnishing and installing all flow fill requisites including labor and forms/trenching according to City of Lubbock standards, compaction, testing and all incidentals necessary to complete the work. 1.19 ASPHALT REMOVAL A. Measurement will be made of the area, in square yards, of existing pavement structure asphalt actually removed. Existing pavement structure will be considered all layers of material between existing roadway surface and top of existing subgrade. Payment will be made at the unit price bid per square yard of existing asphalt pavement structure removed. The Contractor shall ensure that the Owner has the opportunity to measure the square yards of pavement surface prior to removal. If pavement surface is removed without measurement by the Owner, no payment will be made for that removal. The unit price bid shall include sawing, separating for salvage, legal disposal, labor and equipment, and any incidental asphalt paving repair. 1.20 ASPHALT REPAIRS A. Measurement will be made of the area, in square yards, of existing pavement structure asphalt actually repaired. Payment will be made at the unit price bid per square yard of asphalt pavement structure repaired. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, compaction, labor and equipment, and any incidentals necessary to complete the work. May 2021 MEASUREMENT AND PAYMENT 01020 - 3 ORIGINAL TOWN OF LUBBOCK WATERLINE REPLACEMENT 1.21 CONCRETE REPAIRS A. Measurement will be made of the area, in square yards, of concrete repairs actually constructed. Concrete repairs will be paid for at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, jointing, utility valve adjustments and all incidentals necessary to complete the work. 1.22 HISTORIC BRICK PAVING SALVAGE A. Measurement will be made of the area, in square yards, of brick paving successfully salvaged. Payment will be made at the unit price bid per square yard. Any brick that is not successfully salvaged must still be disposed of legally. The unit price bid shall include removal, disposal, palletization, and transport of all brick paving not reused for this project to 8425 North Avenue P according to City of Lubbock standards, and all incidentals necessary to complete the work. 1.23 HISTORIC BRICK PAVING REPAIR A. Measurement will be made of the area, in square yards, of brick paving actually constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all brick paving structure layers including subgrade densification, , and sand cushion according to City of Lubbock standards, compaction, testing and all incidentals necessary to complete the work. B. All excavation and embankment needed to construct the roadway improvements to grade will be subsidiary to this item. C. Any unsuitable material shall be removed and replaced (with the exception of historical bricks, to be provided by City of Lubbock and moved to site by contractor) by the contractor will be subsidiary to this bid item. PRODUCTS Not Used PART 2 - EXECUTION Not Used END OF SECTION May 2021 MEASUREMENT AND PAYMENT 01020 - 4 tv of *Lub6ock SECTION 01028: CHANGE ORDER PROCEDURES PART1 GENERAL 1.1 SUMMARY A. This section covers the procedures to be followed for a change in Contract price or time. B. Section Includes: (1) Submittals (2) Documentation Of Change In Contract Sum/Price And Contract Time (3) Change Procedures (4) Construction Change Authorization (5) Stipulated Price Change Order (6) Unit Price Change Order (7) Time And Material Change Order (8) Execution Of Change Orders (9) Correlation Of Contractor Submittals 1.2 SUBMITTALS A. Submit the name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. B. Change Order Forms. 1.3 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Contractor shall maintain detailed records of work done on a time and material basis. B. Provide full information required for evaluation of proposed changes and to substantiate costs of changes in the Work. C. Document each quotation for a change in a cost or time with sufficient data to allow evaluation of the quotation. D. On request, provide additional data to support computations, including but not limited to: (1) Quantities of products, labor, and equipment. (2) Taxes, insurance, and bonds. (3) Overhead and profit. (4) Justification for any change in Contract Time. (5) Credit for deletions from Contract, similarly documented. E. Support each claim for additional costs, and for work done on a time and material basis, with additional information: (1) Origin and date of claim. (2) Dates and times work was performed, and by whom. (3) Time records and wage rates paid. (4) Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.4 CHANGE PROCEDURES Water Line Change Out Phase 5 01028-12 July 2022 *Lubbock A. Changes to Contract Sum/Price or Contract Time can only be made by issuance of an official Construction Change Authorization or Contract Change Order. Discussions in the field or by phone or email, without proper documentation, do not authorize Contractor to perform tasks outside the scope of Work. Changes must be authorized as described in this Section. B. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time as authorized by the Contract by issuing supplemental instructions by letter. C. The Engineer may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and Specifications. The Contractor shall prepare and submit an estimate within seven (7) days, or as specified in the Proposal Request. Estimate shall include the proposed change's full effect on the Work and the effect on the Contract Sum/Price and Contract Time, with full documentation and a statement describing the effect on Work by separate or other contractors. D. The Contractor may request clarification of Drawings, Specifications, or Contract documents or other information by submitting a Request for Information to the Engineer. Engineer may request a Proposal Request in response to a Request for Information. 1.5 CONSTRUCTION CHANGE AUTHORIZATION A. The Engineer may issue a document, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work, and will designate the method of determining any change in Contract Sum/Price or Contract Time. C. The Contractor shall promptly execute the change in the Work. 1.6 STIPULATED PRICE CHANGE ORDER A. Based on accepted Proposal Request. 1.7 UNIT PRICE CHANGE ORDER A. For pre -determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Construction Change Authorization. C. Changes in Contract Sum/Price or Contract Time will be computed as specified for Time and Material Change Order. 1.8 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B. The Engineer will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 1.9 EXECUTION OF CHANGE ORDERS A. The Engineer will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. Water Line Change Out Phase 5 01028-13 July 2022 tv of *Lubbock 1.10 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum/Price. B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub - schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. PART 2 PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION Water Line Change Out Phase 5 01028-14 July 2022 tv of Lubbock SECTION 01039: COORDINATION AND MEETINGS PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Coordination (2) Field Engineering (3) Pre -Construction Meeting (4) Progress Meetings 1.4 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of the Project to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and cleanup of Work of separate Sections in preparation for Substantial Completion. C. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.5 FIELD ENGINEERING A. Locate and protect survey control and reference points. B. Verify set -backs and easements; confirm drawing dimensions, and elevations. C. Provide field engineering services. D. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. E. Submit a copy of registered site drawing and certificate signed by Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. 1.6 PRE -CONSTRUCTION MEETING A. Schedule meeting within ten (10) days of date of Notice to Proceed. B. Procedures and processing of field decisions, submittals, and substitutions, applications for payments, RFIs, proposal request, Change Orders and Contract closeout procedures. C. Tentative agenda: (1) Use of premises by Owner and Contractor. (2) Distribution of executed Contract Documents. (3) Submission of list of Subcontractors, list of products and progress schedule. (4) Designation of personnel representing the parties in Contract and the Engineer. (5) Owner's requirements. (6) Construction facilities and controls provided by Owner. (7) Survey and layout. (8) Security and housekeeping procedures. (9) Schedules. (10) Procedures for testing. (11) Procedures for maintaining record documents. (12) Inspection and acceptance of products put into service during construction period. Water Line Change Out Phase 5 01039-15 July 2022 tv of *Lubbock D. Record minutes and distribute copies within five (5) days after meeting to Engineer, participants, and those affected by decisions made. 1.7 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at minimum monthly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer, as appropriate to agenda topics for each meeting. D. Tentative agenda: (1) Review minutes of previous meetings. (2) Review of Work progress. (3) Field observations, problems, and decisions. (4) Identification of problems which impede planned progress. (5) Review of submittals schedule and status of submittals. (6) Review of off -site fabrication and delivery schedules. (7) Maintenance of progress schedule. (8) Corrective measures to regain projected schedules. (9) Planned progress during succeeding work period. (10) Coordination of projected progress. (11) Maintenance of quality and work standards. (12) Effect of proposed changes on progress schedule and coordination. (13) Other business related to Work. E. Record minutes and distribute copies within five (5) days after meeting to Engineer, participants, and those affected by decisions made. PART 2 PRODUCTS Not used PART 3 EXECUTION Note used END OF SECTION Water Line Change Out Phase 5 01039-16 July 2022 tv of Lubbock PAGE LEFT INTENTIONALLY BLANK Water Line Change Out Phase 5 01140-17 July 2022 tv of Lubbock SECTION 01140: WORK RESTRICTIONS PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Use Of Premises (2) Special Scheduling Requirements (3) Working Period (4) Utility Cutovers And Interruptions (5) Noise Restrictions (6) Advance Notice (7) Water For Construction (8) Work Area Limits 1.2 USE OF PREMISES A. Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. B. Confine construction operations to within the limits of Right of Way, Alley Easements and Manhole locations, as shown on plans. C. Keep driveways and entrances serving premises clear and available to tenants, residents and emergency vehicles at all times, except when construction is immediately at that vicinity. Do not use these areas for parking or storage of materials. D. Schedule construction to minimize obstruction of driveways and entrances. 1.3 SPECIAL SCHEDULING REQUIREMENTS A. Have materials, equipment, and personnel required to perform the work at the site prior to the commencement of the Work. B. Permission to interrupt utility service shall be requested in writing a minimum of fourteen (14) calendar days prior to the desired date of interruption. 1.4 WORKING PERIOD A. Regular working hours shall be within an eleven (11) hour period between 7:00 a.m. and 6:00 p.m., Monday through Friday, and an eight (8) hour period between 9:00 a.m. and 5:00 p.m. on Saturday. (1) Saturday work shall be restricted to those activities that do not require observation by the Owner. (2) The Owner reserves the right, at the Owner's discretion, to disallow work when it interferes with holiday times and traffic. B. No work shall be performed on the following holiday periods or days: (1) New Year's Day (2) Good Friday Holiday Water Line Change Out Phase 5 01140-18 July 2022 tv of Lubbock (3) Memorial Day Holiday (4) Independence Day Holiday (5) Labor Day Holiday (6) Thanksgiving Day Holiday plus the day before and the three days following Thanksgiving Day. (7) Christmas Week. If Christmas Day falls on Saturday, this will be defined as the week leading to Christmas Day. If Christmas Day falls on Sunday, this will be defined as the week following Christmas Day plus the Friday and Saturday prior to Christmas Day. C. Work outside regular working hours requires Owner's approval. (1) Make application twenty-one (21) calendar days prior to such work to allow arrangements to be made by the Owner for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and Water Line Change Out Phase 5. (2) Based on the justification provided, the Owner may approve work outside regular hours. (3) During periods of darkness, the different parts of the Work shall be lighted in a manner approved by the Owner. Lighting shall be such that it does not cause nuisance conditions. D. The Drawings contain specific requirements that affect certain areas of the Work. 1.5 UTILITY CUTOVERS AND INTERRUPTIONS A. Sanitary sewer flow shall not be interrupted upstream of the Work. Bypass pumping of sanitary sewer flow upstream of the Work shall be the responsibility of the Contractor. B. Water service connections shall be re -connected in a timely manner following installation of the new water pipe. 1.6 NOISE RESTRICTIONS A. 75 dB limit at face of nearest structure during normal daylight hours. B. 65 dB limit at face of nearest structure during evening and nighttime hours in or near residential areas and for 24-hour working conditions that have received Owner approval. Evening and nighttime hours shall be defined as 6:00 p.m. to 7:00 a.m. C. The Contractor shall keep on -site a hand portable sound measurement device for both the Owner's and the Contractor's use for measuring noise levels. 1.7 ADVANCE NOTICE A. The Contractor shall provide a minimum of five (5) days advance written notice of construction to businesses and residences along the construction route. B. The advance written notice shall be in the form of a single page flyer to be placed by hand by the Contractor's forces in mailboxes, door handles, or handed to applicable individuals at each route building. C. The text for the advance written notice will be approved by the Owner. D. Reproduction shall be at the Contractor's expense. E. Distribution shall be at the Contractor's expense. F. Single page flyers shall be of a paper or post card color other than white to direct the recipient's attention to the information. Water Line Change Out Phase 5 01140-19 July 2022 *Lubbock G. The text shall contain the anticipated beginning date of inconvenience to the recipient and the anticipated duration of that inconvenience. H. The dates shall encompass the duration of driveway inconveniences and potential noise to the recipients on a single city block (i.e., the dates and durations shall reflect the time that the city block of interest will be affected by non-trafficability). 1.8 WATER FOR CONSTRUCTION A. Obtaining water for construction is the Contractor's sole responsibility. B. Water is available from the potable water system of the City of Lubbock for construction purposes. (1) The Contractor is responsible for all charges and arrangements for water consumption from the potable water system. (2) The Contractor shall make such arrangements directly with the City of Lubbock Water Utilities Department. (3) The City will not furnish potable water free of charge for the construction work. (4) The Contractor is responsible for any required metering and hauling. C. Water from park area lakes shall not be used for construction. D. This section does not preclude the Contractor from seeking other water sources for use in construction. Such water resources shall meet the purity requirements for the intended use. Such arrangements for water from other sources are the responsibility of the Contractor. PART I PRODUCTS Not used PART 2 EXECUTION 2.1 WORK AREA LIMITS A. Prior to any construction, the Contractor shall mark the areas that need not be disturbed under this contract. B. Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. C. Monuments and markers shall be protected before construction operations commence. D. Where construction operations are to be conducted during darkness, the markers shall be visible at all times. E. The Contractor's personnel shall be knowledgeable of the purpose for marking and/or protecting particular objects. END OF SECTION Water Line Change Out Phase 5 01140-20 July 2022 tv of Lubbock SECTION 01300: SUBMITTAL PROCEDURES PART1 GENERAL 1.1 SUMMARY A. Section includes: (1) Submittal Procedures (2) Re -Submittal Requirements (3) Action Submittals (4) Proposed Products List (5) Shop Drawings (6) Information Submittals (7) Contractor's Review (8) Owner And Engineer Action 1.2 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address, and phone number. B. Identify Project, Contractor, Subcontractors or Suppliers, pertinent Drawings sheet and detail number(s), and specification Section number, as appropriate. C. Schedule submittals to expedite the Project and coordinate submission of related items. D. The Owner and Engineer reserve the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. E. Submittals may be delivered to the Engineer at the following address: Water Utilities Engineering 1625 13th Street Lubbock, Texas 79401 F. Allow enough time for submittal review, including time for re -submittals, as follows: (1) Time for review shall commence on the Owner or Engineer's receipt of submittal. (2) Allow fifteen (15) days for initial review of each submittal. (3) Allow additional time if processing must be delayed to permit coordination with subsequent submittals. (4) The Owner or Engineer will advise the Contractor when a submittal being processed must be delayed for coordination. (5) If more than five (5) submittals are transmitted for review within any five (5) day period, the time allowed for review will be increased to twenty-one (2 1) days. (6) Where concurrent review of submittals by the Engineer, Owner, or other parties is required, allow twenty-one (2 1) days for initial review of each submittal. (7) If intermediate submittal is necessary, process it in same manner as initial submittal. (8) Allow fifteen (15) days for processing each resubmittal. G. No extension of the Contract Time will be authorized because of failure to transmit submittals sufficiently in advance of the Work to permit processing. Water Line Change Out Phase 5 01300-21 July 2022 tv of *Lubbock H. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. I. Provide space for Contractor and Engineer review stamps. J. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. K. Use only final submittals with mark indicating action taken by Owner or Engineer in connection with the construction. L. Submittals not requested will not be recognized or processed. 1.3 RE -SUBMITTAL REQUIREMENTS A. Revise initial submittal as required and re -submit to meet requirements as specified. B. Identify all changes made since previous submittal. C. Mark as RESUBMITTAL. D. Re -use original transmittal number and supplement with sequential alphabetical suffix for each re -submittal (le. 0001-A). PART 2 PRODUCTS 2.1 ACTION SUBMITTALS A. Prepare and submit Action Submittals required by individual Specification Sections. B. Submit three (3) copies of each submittal, unless otherwise indicated. (1) The three (3) copies will be retained by the Owner's representative. (2) Any additional copies that the Contractor may need for his operations will be in addition to the three (3) copies required. 2.2 PROPOSED PRODUCTS LIST A. Within fifteen (15) days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model or catalog designation, and reference standards. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. C. Collect information into a single submittal for each element of construction and type of product or equipment. D. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. E. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. F. Include notation of special coordination requirements for interfacing with adjacent work. G. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 — Contract Closeout. 2.3 SHOP DRAWINGS A. Prepare Project specific information, drawn accurately to scale. Water Line Change Out Phase 5 01300-22 July 2022 tv of *Lubbock B. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. C. Include the following information, as applicable: (1) Dimensions (2) Identification of products (3) Fabrication and installation drawings (4) Schedules (5) Design calculations (6) Compliance with specified standards (7) Notation of coordination requirements (8) Notation of dimensions established by field measurement D. For drawings larger than 11 x 17 inches, submit in the form of one reproducible transparency and one opaque reproduction. E. For drawings 11 x 17 inches and smaller, submit the number of opaque reproductions which Contractor requires, plus three (3) copies which will be retained by Engineer. F. Drawing size shall be minimum of 8 '/2 x 11 inches and a maximum of 24 x 36 inches. G. Draw details to a minimum size of inch equal to 1 foot. H. After review, produce copies and distribute in accordance with SUBMITTAL PROCEDURES article above and for record document purposed described in Section 01700 — Contract Closeout. 2.4 INFORMATION SUBMITTALS A. Manufacturer's Instructions: (1) When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. (2) Identify conflicts between manufacturers' instructions and Contract Documents. (3) Indicate special procedures, conditions requiring special attention and special environmental criteria required for application or installation. B. Manufacturer's Certificates (1) When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. (2) Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. (3) Certificates may be recent or previous test results on material or Product, but must be acceptable to the Engineer. C. Insurance Certificates and Bonds: (1) Prepare written information indicating current status of insurance or bonding coverage. (2) Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. Water Line Change Out Phase 5 01300-23 July 2022 tv of Lubbock PART 3 EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for compliance with the Contract Documents. B. Note corrections and field dimensions. C. Mark with approval stamp before submitting to the Owner or Engineer. (1) Stamp each submittal with a uniform approval stamp. (2) Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that the submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 OWNER AND ENGINEER'S ACTION A. The Owner or Engineer will not review submittals that do not bear the Contractor's approval stamp and will return them without action. B. The Owner or Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. C. The Owner or Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: (1) No exception taken (2) Make correction noted (3) Revise and resubmit (4) Rejected D. The submittal stamp by the Owner or Engineer will also contain the following: (1) Checking is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. (2) Any action shown is subject to the requirements of the plans and specifications. (3) The Contractor is responsible for confirming and correlating all quantities and dimensions; selecting fabrication processes and techniques of construction; and performing the Work in a satisfactory manner. E. The Owner or Engineer will review each submittal and will not return it, or will reject and return it, if it does not comply with the requirements. END OF SECTION Water Line Change Out Phase 5 01300-24 July 2022 tv of Lubbock SECTION 01310: PROGRESS SCHEDULES PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Format (2) Content (3) Revisions To Schedules (4) Submittals (5) Distribution 1.2 FORMAT A. Sequence of Listings: The chronological order of the start of each item of Work. B. Scale and Spacing: To provide space for notations and revisions. C. Sheet Size: Minimum 8 1/2 x 11 inches D. Submit only if requested by the Engineer or Owner at preconstruction or coordination meeting. E. Maintain monthly updates to schedule. 1.3 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify each item by specification Section number. C. Provide sub -schedules to define critical portions of the entire Schedule. D. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. E. Provide separate schedule of submittal dates for shop drawings, product data, samples, and dates reviewed submittals will be required from the Engineer. Indicate decision date for selection of finishes. 1.4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 1.5 SUBMITTALS Water Line Change Out Phase 5 01310-25 July 2022 tv of *Lubbock A. Submit initial Schedules within ten (10) days after date established in Notice to Proceed. After review, resubmit required revised data within ten (10) days. B. Submit revised Progress Schedules with each Application for Payment. C. Submit the number of opaque reproductions which the Contractor requires, plus two (2) copies which will be retained by the Engineer. 1.6 DISTRIBUTION A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. PART 2 PRODUCTS Not used PART 1 EXECUTION Not used END OF SECTION Water Line Change Out Phase 5 01310-26 July 2022 tv of *Lub6ock SECTION 01356: STORMMWATER POLLUTION PREVENTION MEASURES PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Contractor Responsibilities (2) Erosion and Sediment Controls (3) Components for Silt Fences (4) Components for Straw Bales (5) Storm Water Pollution Prevention Plan 1.2 CONTRACTOR RESPONSIBILITIES A. The Contractor shall implement, maintain, and update the Storm Water Pollution Prevention measures specified in the Storm Water Pollution Prevention Plan (SWP3) in a manner, which will meet the requirements of the Texas Pollution Discharge Elimination System (TPDES) General Permit No.TXR150000. B. The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, failure to adequately implement and adjust the storm water pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or any other fines or penalties assess by TCEQ or the EPA for failure to comply with any part of the permit requirements. C. The Contractor shall submit a Notice of Intent and a Notice of Termination independently of the Owner. D. Fines leveled against the Owner by the TCEQ or the EPA for the Contractor's failure to comply with and maintain the SWP3 shall be paid by the Contractor. 1.3 EROSION AND SEDIMENT CONTROLS A. General (1) Structural measures shall be implemented to divert flows from exposed soils, temporarily store flows, or otherwise limit run-off and the discharge of pollutants from exposed areas of the site. (2) Structural practices shall be implemented as specified in the SWP3 and in a timely manner during the construction process to minimize erosion and sediment run-off. B. Stabilized Ingress/Egress (1) Stabilized access to and from the construction site will be installed by the Contractor as soon as practical and in accordance with the SWP3. (2) In all cases, the Contractor shall ensure that any soil tracked off -site is cleaned from existing roads, alleys, and any adjacent properties as soon as possible. (3) The Contractor or other responsible party shall check for any pollutants (mud, silt, sand, cement, construction materials, etc.) tracked or washed off -site and perform necessary clean-up measures at the end of each work day. C. Silt Fences/Diversion Berms Water Line Change Out Phase 5 01356-27 July 2022 *Lubbock (1) The Contractor shall provide silt fences and/or diversion berms as a temporary structural practice to minimize erosion and sediment runoff. (2) Silt fences and/or diversion berms shall be properly installed to effectively retain sediment immediately after completing each phase of work where erosion would occur in the form of sheet and rill erosion (e.g., clearing and grubbing, excavation, embankment, and grading.) (3) Silt Fences/Diversion Berms shall be kept in good and functional condition for as long as they are required and until they are removed from the site. D. Sand/Gravel Bags (1) The Contractor may provide sand/gravel bags as a temporary structural practice to minimize erosion and sediment runoff. (2) Bags shall be properly placed to effectively retain sediment immediately after completing each phase of work (e.g., after clearing and grubbing in an area between a ridge and drain, bags shall be placed as work progresses, bags shall be removed/replaced/relocated as needed for work to progress in the drainage area). (3) Sand/gravel bags must remain in good condition, or they shall be replaced. E. Site Stabilization (1) The Contractor shall disturb the least amount of site area as possible. (2) Stabilization measures to be implemented by the Contractor may include any of the following measures: (a) Temporary or permanent seeding or sodding (b) Mulching (c) Geotextlles (d) Vegetative buffer strips (e) Paving (f) Stabilization measures shall be implemented in accordance with the SWP3. PART 2 PRODUCTS 2.1 COMPONENTS FOR SILT FENCES A. Filter Fabric (1) The geotextile shall comply with the requirements of ASTM D 4439, and shall consist of polymeric filaments, which are formed into a stable network such that filaments retain their relative positions. (2) The filament shall consist of a long -chain synthetic polymer composed of at least eight - five (85) percent by weight of ester, propylene, or amide, and shall contain stabilizers and/or inhibitors added to the base plastic to make the filaments resistant to deterioration due to ultraviolet and heat exposure. (3) Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of six (6) months of expected usable construction life at a temperature range of 0 to 120 degrees Fahrenheit. Water Line Change Out Phase 5 01356-28 July 2022 of Lubbock (4) The filter fabric shall meet the following requirements: FILTER FABRIC FOR SILT FENCE PHYSICAL PROPERTY TEST PROCEDURE REQUIREMENT Grab Tensile ASTM D 4632 100 lbs. min. Elongation ASTM D 4632 30 % max. Trapezoid Tear ASTM D 4533 55 lbs. min. Permittivity ASTM D 4491 0.2 sec-1 AOS (U.S. Std. Sieve) ASTM D 4751 20 — 100 B. Silt Fence Stakes and Posts (1) The Contractor may use either wooden stakes or steel posts for fence construction. (2) Wooden stakes utilized for silt fence construction shall have a minimum cross section of two (2) inches by two (2) inches when hardwood is used and two (2) inches by four (4) inches when pine is used, and shall have a minimum length of four (4) feet. (3) Steel posts (standard "U" or "T" section) utilized for silt fence construction shall have a minimum weight of 1.33 pounds per linear foot and a minimum length of four (4) feet. C. Identification, Storage, and Handling\ (1) Filter fabric shall be identified, stored, and handled in accordance with ASTM D 4873. 2.2 COMPONENTS FOR STRAW BALES A. Straw Bales (1) The straw in the bales shall be stalks from oats, wheat, rye, barley, rice, or from grasses such as Byhalia, Bermuda, etc., furnished in air-dry condition. (2) The bales shall have a standard cross section of fourteen (14) inches by eighteen (18) inches. All bales shall be either wire -bound or string -tied. (3) The Contractor may use either wooden stakes or #3 rebars to secure the straw bales to the ground. (4) Wooden stakes utilized for this purpose shall have minimum dimensions of two (2) inches by two (2) inches in cross section and shall have a minimum length of three (3) feet. (5) Rebar utilized for securing straw bales shall have a minimum diameter of 3/8 of an inch and a minimum length of three (3) feet. PART 3 EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN A. Storm Water Pollution Prevention Plan will be provided by the Contractor. B. The Contractor must keep a copy of the SWP3 on site at all times. C. A completed Notice of Intent (NOI) form must be submitted a minimum of forty-eight (48) hours prior to start of construction. D. No work will be permitted until NOI is filed. E. The SWP3 shall be continually updated as necessary to reflect current and changing conditions on site. Water Line Change Out Phase 5 01356-29 July 2022 tv of *Lubbock F. Additional measures not specifically shown in the SWP3 may be used to control erosion from leaving the site. G. A completed Notice of Termination (NOT) form must be submitted prior to finalization of this contract. H. The Contractor shall furnish the Owner with a copy of the NOI and NOT. END OF SECTION Water Line Change Out Phase 5 01356-30 July 2022 tv of *Lubbock SECTION 01400: QUALITY REQUIREMENTS PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Definitions (2) Testing Requirements (3) Submittals (4) Quality Control (5) Repair and Protection 1.2 DEFINITIONS A. Quality Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and ensure that proposed construction complies with requirements. B. Quality Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction complies with requirements. 1.3 TESTING REQUIREMENTS A. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with the Contract Document requirements. B. Specific quality control requirements for individual construction activities are specified in the sections that specify those activities. Requirements in those Sections may also cover production of standard products. C. Specified tests, inspections, and related actions do no limit the Contractor's quality control procedures that facilitate compliance with the Contract Document requirements. 1.4 SUBMITTALS A. Qualification Data: (1) For individuals employed by the Contractor who will perform testing as required by the various specification Sections, submit at least fourteen (14) days prior to being used on the project the capabilities and experience of such individuals and the types of tests that the individual will perform. (2) For outside testing agency employed by the Contractor, submit at least fourteen (14) days prior to being used on the project the name, address, and manager of such testing agency and the types of tests that the agency will perform. (a) Such testing agency shall be acceptable to the Owner prior to being used on the project. B. Reports: Water Line Change Out Phase 5 01400-31 July 2022 tv of *Lubbock (1) Prepare and submit written reports within fourteen (14) days following the date of the test that include the following: (a) Date of issue (b) Waterline Changeout Phase 5 and contract number. (c) Name, address, and telephone number of testing agency. If the individual is employed by the Contractor, use Contractor's name, address, and telephone number. (d) Dates and locations of samples and test (e) Names of individuals making tests (f) Description of the work and test method (g) Identification of material, product, and specification Section. (h) Complete test or inspection data (1) Test results and interpretation of test results 0) Ambient conditions at time of sample taking and testing. (k) Comments and opinion on whether tested Work complied with the Contract Document requirements and the applicable specification Section. (1) Name and signature of individual performing the test if employee of the Contractor, or name and signature of testing agency responsible person. (m) For failing tests, recommendations on retesting unless specification Sections provide procedure for retesting. C. Professional Engineer Qualifications: (1) Where a Professional Engineer is required in the specification Sections, this means a Professional Engineer who is legally qualified to practice in the jurisdiction where the project is located and who is experienced in providing engineering services of the kind indicated. D. Test Agency Qualifications: (1) An agency with the experience and capability to conduct testing indicated, as documented by ASTM E 548, and that has the capability and experience in the types of tests to be performed. E. Preconstruction Testing: (1) Testing agency shall perform preconstruction testing with specified requirements for performance and test methods. (2) The Contractor shall not perform preconstruction testing except through a third parry testing agency. F. Testing Agency Responsibilities: (1) Submit certified written report of each test and similar Quality Assurance service to the Contractor. (2) Interpret tests and state in each report whether tested work complies with or deviates from the Contract Document requirements. 1.5 QUALITY CONTROL A. Owner Responsibilities: Water Line Change Out Phase 5 01400-32 July 2022 tv of *Lubbock (1) Where quality control services are indicated as Owner or Engineer's responsibility, such services may be performed by the Owner's forces or by a qualified testing agency to perform these services. (2) The Owner or Engineer will furnish the Contractor with names, addresses, and telephone numbers of testing agencies engaged by the Owner. B. Contractor Responsibilities: (1) Provide quality control services required in the various specification Sections. (2) Where third party testing is engaged by the Contractor, notify testing agency sufficiently in advance of the time and date when work that requires testing will be performed. (3) The Contractor shall not engage the same testing agencies as the Owner, unless Owner agrees in writing to such engagement. (4) Where testing is indicated as the Contractor's responsibility, submit certified written reports in duplicate of each testing service, whether performed by the Contractor's personnel or Contractor engaged testing agency. (5) Such reports shall include failing tests and retests. (6) Testing requested by the Contractor and not required by the Contract Documents are the Contractor's responsibility. (7) Where the Contractor's personnel are performing tests, provide individuals with appropriate equipment to perform the tests in accordance with the test method requirements. (8) Provide alternate equipment where the specified test method cannot be applied, and where alternative test methods and equipment must be employed to provide the necessary quality control. C. Retesting: (1) Regardless of whether original tests were the Contractor's responsibility, provide quality control services, including retesting, for construction that revised or replaced work that failed to comply with requirements established by the Contract Documents. D. Testing Agency Responsibilities: (1) Cooperate with the Engineer and Contractor in performance of duties. (2) Provide qualified personnel and necessary equipment to perform required tests and inspections. (3) Notify the Engineer or Contractor promptly of irregularities or deficiencies observed in the work during performance of its services. (4) Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the requirements. (5) Submit a certified written report, in triplicate, of each test, inspection, and similar quality control service through the Contactor. (6) Do not release, revoke, alter, or increase requirements of the Contract Documents or approve or accept any portion of the Work. (7) Do not perform any duties of the Contractor. E. Associated Services: Water Line Change Out Phase 5 01400-33 July 2022 tv of *Lubbock (1) Cooperate with agencies performing required tests, inspections, and similar quality control services, and provide reasonable auxiliary services as requested. (2) Notify agency sufficiently in advance of operations to permit assignment of personnel. (3) Provide the following: (a) Access to the Work. (b) Incidental labor and facilities necessary to facilitate tests and inspections. (c) Adequate quantities of representative samples of materials that require testing and inspecting. (d) Assist agency in obtaining samples. (e) Facilities for storage and field curing of test samples. (f) Additional associated services required of the Contractor for testing access are listed in the specification Sections. (g) Delivery of samples to testing agencies. (h) Preliminary design mix proposed for use for material mixes that require control by testing agency. (1) Security and protection for samples and for testing and inspecting equipment at Project site. F. Coordination: (1) Coordinate sequence of activities to accommodate required quality assurance and quality control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. (2) Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 PRODUCTS Not used PART 3 EXECUTION 3.1 REPAIR AND PROTECTION A. On completion of testing, inspecting, sample taking, and similar services, repair damaged construction, and restore substrates and finishes. B. Provide materials and comply with installation requirements specified in other Sections of these Specifications. C. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. D. Protect construction exposed by or for quality control service activities. E. Repair and protection are the Contractor's responsibility, regardless of the assignment of responsibility for quality control services. END OF SECTION Water Line Change Out Phase 5 01400-34 July 2022 tv of Lubbock SECTION 01410: TESTING LABORATORY SERVICES PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Selection and Payment (2) Quality Assurance (3) Laboratory Responsibilities (4) Laboratory Reports (5) Limits on Testing Laboratory Authority (6) Contractor Responsibilities (7) Schedule of Inspections and Tests B. References: (1) ANSI/ASTM D3740 — Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. (2) ANSI/ASTM E329 — Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction. 1.2 SELECTION AND PAYMENT A. An independent firm, provided at the Contractor's expense, will perform inspection, tests, and other services specified in individual specification Sections and as required by the Engineer. B. Reports will be submitted by the independent firm to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. C. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. D. Notify the Engineer and independent firm forty-eight (48) hours prior to expected time for operations requiring services. E. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. F. Testing or inspecting does not relieve Contractor from performing Work to contract requirements. G. The cost associated with compliance testing shall be paid by the Contractor. H. Re -testing required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. L Payment for re -testing will be paid by the Contractor. 1.3 QUALITY ASSURANCE A. Comply with requirements of ANSI/ASTM D3740R and ANSI/ASTM E329. B. Testing laboratory shall maintain a full time registered Engineer on staff to review services. Water Line Change Out Phase 5 01410-35 July 2022 City of *Lubbock C. Testing equipment shall be calibrated at reasonable intervals with devices of an accuracy traceable to either National Bureau of Standards (NBS) standards or accepted values of natural physical constants. 1.4 LABORATORY RESPONSIBILITIES A. Test samples of mixes submitted by Contractor. B. Provide qualified personnel at site. C. Cooperate with the Engineer and Contractor in performance of services. D. Perform specified inspection, sampling, and testing of Products in accordance with specified standards. E. Ascertain compliance of materials and mixes with requirements of Contract Documents. F. Promptly notify Engineer and Contractor of observed irregularities or non-conformance of Work or Products. G. Perform additional inspections and tests required by the Engineer. 1.5 LABORATORY REPORTS A. After each inspection and test, promptly submit three (3) copies of laboratory report to the Engineer and to the Contractor. B. Laboratory test reports shall include: (1) Date issued (2) Water Line Change Out Phase 5 and number (3) Name of inspector (4) Date and time of sampling or inspection (5) Identification of product and Specification Section (6) Location in the Project (7) Type of inspection or test (8) Date of test (9) Results of tests (10) Conformance with Contract Documents C. When requested by the Engineer, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of the Contractor. D. Laboratory has no authority to stop the Work. 1.7 CONTRACTOR RESPONSIBILITIES A. Deliver to laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with laboratory personnel, and provide access to the Work. Water Line Change Out Phase 5 01410-36 July 2022 tv of *Lubbock C. Provide incidental labor and facilities to provide access to Work to be tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify the Engineer and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. 1.8 SCHEDULE OF INSPECTIONS AND TESTS A. As indicated in individual Specification Sections. PART 2 PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION Water Line Change Out Phase 5 01410-37 July 2022 tv of ",Lubbock SECTION 01555: BARRICADES, SIGNS, AND TRAFFIC HANDLING PART1 GENERAL 1.1 SUMMARY A. This item shall govern for providing, installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all barricades, portable barriers, signs, portable changeable message signs, cones, lights, and other such type devices and of handling traffic as indicated on the plans or as directed by the Engineer or Owner. B. Section Includes: (1) Description (2) Construction Methods (3) Traffic Control Plan (4) Maintenance PART 2 PRODUCTS 2.1 CONSTRUCTION METHODS A. All barricades, signs, and other types of devices shall conform to details shown on the plans or those indicated in the latest version of the Texas Manual on Uniform Traffic Control Devices (TMUTCD). B. All traffic control devices shall be crashworthy according to the guidelines set forth in the National Cooperative Highway Research Program (NCHRP) Report 350. PART 3 EXECUTION 3.1 TRAFFIC CONTROL PLAN A. The Contractor shall propose his own Traffic Control Plan (TCP) as necessary for phased construction. B. This plan must be approved in writing by the Engineer or Owner in order to be used. C. Prior to beginning work, the Contractor shall designate, in writing, a competent person who will be responsible and available on this project site or in the immediate area to insure compliance with the TCP. 3.2 MAINTENANCE A. All retro-reflective traffic control devices such as barricades, vertical panels, signs, etc., shall be maintained by cleaning, replacing, or a combination thereof such that during darkness and rain the retro-reflective characteristics shall equal or exceed the retro-reflective characteristics of traffic industry standard reflective panels. END OF SECTION Water Line Change Out Phase 5 01555-38 July 2022 tv of Lubbock SECTION 01576: WASTE MATERIAL DISPOSAL PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Submittals (2) Salvageable Material (3) Excess Material 1.2 SUBMITTALS A. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. B. Submit a copy of written permission from property owner, along with a description of property, prior to disposal of excess material adjacent to the Project. C. Submit a written and signed release from property owner upon completion of disposal work. D. Both written permission and signed release shall include hold -harmless clauses naming the City of Lubbock, Texas as the entities to be held harmless in any subsequent legal proceeding. E. Both property permissions and signed releases shall be attested to by a notary public. PART 2 PRODUCTS Not used PART 3 EXECUTION 1.1 SALVAGEABLE MATERIAL A. Asphalt Pavement and Asphalt Stabilized Base shall conform to requirements of Section 02221 — Removing Existing Pavements. 1.2 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of the Contractor and shall be removed from the job site and legally disposed of at a proper facility such as the West Texas Region Disposal Facility (WTRDF). B. Excess material may be disposed at the WTRDF at no additional cost to the Owner. (1) There will be a tipping fee per ton for construction debris and for excess uncontaminated soil. (2) There will also be a fee per load for every truck that is not covered properly when coming to the landfill. Water Line Change Out Phase 5 01576-39 July 2022 tv of Lubbock (3) For a complete list of fees associated with the WTRDF, please call or go to the City's website at http://solidwaste.cilubbock.tx.us/disposal/fees.aspx. (4) All tipping fees shall be considered to be included in the Contractor's bid prices. C. Excess soil may be deposited on private property adjacent to the Project if approved by the Owner and when written permission is obtained from the property owner. D. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION Water Line Change Out Phase 5 01576-40 July 2022 tv of Lubbock SECTION 01700: CONTRACT CLOSEOUT PART1 GENERAL 1.1 SUMMARY A. Section Includes: (1) Closeout Procedures (2) Final Cleaning (3) Adjusting (4) Project Record Documents (5) Warranties (6) Spare Parts and Maintenance Materials. 1.2 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Should the Engineer consider the work incomplete or defective: (1) The Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. (2) The Contractor shall take immediate steps to remedy the stated deficiencies and submit a second written certification that the work is complete. (3) The Engineer will re -inspect the Work. C. Provide submittals to the Engineer that are required by governing or other authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.3 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean site, sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. D. Repair, patch, and touch-up marred surfaces to match adjacent finishes. 1.4 ADJUSTING A. Adjust operating Products and equipment to ensure Water Line Change Out Phase 5 and unhindered operation. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: (1) Contract Drawings (2) Specifications (3) Addenda Water Line Change Out Phase 5 01700-41 July 2022 tv of Lubbock (4) Change Orders and other Modifications to the Contract (5) Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: (1) Legibly mark and record at each Product section description of actual Products installed, including the following: (a) Manufacturer's name and product model and number. (b) Product substitutions or alternates utilized. (c) Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: (1) Legibly mark each item to record actual construction including: (a) Measured horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. (b) Field changes of dimension and detail. (c) Details not on original Contract Drawings. (d) Changes made by Addenda and Modifications. 1.6 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.7 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to project site and place in location as directed; obtain receipt prior to final payment. PART 2 PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION Water Line Change Out Phase 5 01700-42 July 2022 of Lubbock SECTION 02221: REMOVING EXISTING PAVEMENTS PART1 GENERAL 1.1 SUMMARY A. This section of the specifications covers the removal of existing pavements, including, but not limited to, concrete paving, brick paving, asphaltic paving, concrete curb and/or gutter, and concrete sidewalks. B. Section Includes: (1) Regulatory Requirements (2) Preparation (3) Protection (4) Removals (5) Backfill (6) Disposal 1.2 REGULATORY REQUIREMENTS A. Conform to applicable codes for disposal of debris. Refer to Section 01576 —Waste Material Disposal. B. Coordinate removal work with utility companies. PART 2 PRODUCTS Not used PART 3 EXECUTION 3.1 PREPARATION A. Obtain advance approval from the Engineer for dimensions and limits of removal work. B. Identify known utilities below grade. C. Paint, stake and flag locations. 3.2 PROTECTION A. Protect the following from damage or displacement: (1) Adjacent public and private property. (2) Trees, plants, and other landscape features designated to remain. (3) Utilities not designated to be removed. (4) Pavement and utility structures not designated to be removed. (5) Benchmarks, monuments, and existing structures not designated to be removed. 3.3 REMOVALS Water Line Change Out Phase 5 02221-43 July 2022 tv of *Lubbock A. Remove pavements and structures by methods that will not damage underground utilities. B. Do not use a drop hammer near existing underground utilities. C. Minimize amount of earth loaded during removal operations. D. Where existing pavement is to remain, make straight saw cuts in existing pavement to provide clean breaks prior to removal. E. Do not break concrete pavement or base with drop hammer. F. Where street and driveway saw cut locations coincide or fall within three (3) feet of existing construction or expansion joints, break out to existing joint. G. Remove sidewalks and curbs to nearest existing dummy, expansion, or construction joint. H. Any existing concrete, which is damaged or destroyed beyond the neat lines so established, shall be replaced at the Contractor's expense. L Remaining concrete shall be mortared to protect the reinforcing steel and provide a neat, clean appearance. 3.4 BACKFILL A. Backfill of removal zones shall be in accordance with requirements of Section 02317 — Excavation and Backfill for Utilities as applicable to the specific portion of the Work. 3.5 DISPOSAL A. Remove from the site debris resulting from work under this section in accordance with requirements of Section 01576 — Waste Material Disposal. END OF SECTION Water Line Change Out Phase 5 02221-44 July 2022 tv of Lubbock SECTION 02240: DEWATERING PART1 GENERAL 1.1 SUMMARY A. This Section includes construction dewatering procedures and requirements. (1) A geotechnical survey has not been performed at the site. (2) This Section shall be applicable only if ground water begins to enter the trench. (3) Any required dewatering for this project shall be considered subsidiary to pipeline and manhole installation and no separate compensations will be paid. B. Section Includes: (1) Submittals (2) Performance Requirements (3) Quality Assurance (4) Project Conditions (5) Preparation (6) Installation (7) Observation Wells 1.2 SUBMITTALS A. Shop Drawings for Information: (1) For dewatering system, show arrangements, locations, and details of wells and well points; locations of headers and discharge lines; and means of discharge and disposal of water. (2) Include layouts of piezometers and flow -measuring devices for monitoring performance of dewatering system. (3) Include written report outlining control procedures to be adopted if dewatering problems arise. (4) Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by dewatering operations. (5) Record drawings at Project closeout identifying and locating capped utilities and other subsurface structural, electrical, or mechanical conditions performed during dewatering. (6) Note locations and capping depth of wells and well points. B. Field Test Reports: (1) Before starting excavation, submit test results and computations demonstrating that dewatering system is capable of meeting performance requirements. 1.3 PERFORMANCE REQUIREMENTS Water Line Change Out Phase 5 02240-45 July 2022 *Lubbock A. Design, furnish, install, test, operate, monitor, and maintain dewatering system of sufficient scope, size, and capacity to control ground water flow into excavations and permit construction to proceed on dry, stable ground. B. Maintain dewatering operations to ensure erosion control, stability of excavations and constructed slopes, that excavation does not flood, and that damage to subgrades and permanent structures is prevented. C. Prevent surface water from entering excavations by grading, dikes, and other means approved by the Engineer. D. Remove dewater system if no longer needed. 1.4 QUALITY ASSURANCE A. Comply with water disposal requirements of authorities having jurisdiction. 1.5 PROJECT CONDITIONS A. Existing Utilities: (1) Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. B. Project Site Information: (1) A geotechnical report has not been prepared for the Project area. (2) The Contractor, at own expense, may make test borings and conduct other exploratory operations necessary for dewatering. (3) Survey adjacent structures and improvements, employing a qualified professional engineer or land surveyor, establishing exact elevations at fixed points to act as benchmarks. (4) Clearly identify benchmarks and record existing elevations. (5) During dewatering, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations for comparison with original elevations. (6) Promptly notify the Engineer if changes in elevations occur or if cracks, sags, or other damage is evident in adjacent construction. PART 2 PRODUCTS Not used PART 3 EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by dewatering operations. B. Prevent surface water and subsurface or ground water from entering excavations, ponding on prepared subgrades, and from flooding site and surrounding area. C. Protect subgrades and foundation soils from softening and damage by rain or water accumulation. Water Line Change Out Phase 5 02240-46 July 2022 tv of *Lubbock D. Install dewatering system to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. E. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. (1) Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. 3.2 INSTALLATION A. Install dewatering system utilizing wells, well points, or similar methods complete with pump equipment, standby power and pumps, filter material gradation, valves, appurtenances, water disposal, and surface -water controls. B. Before excavating below ground water level, place system into operation to lower water to specified levels. C. Operate system continuously until drains, sewers, and structures have been constructed and fill materials have been placed, or until dewatering is no longer required. D. Provide an adequate system to lower and control ground water to permit excavation, construction of structures, and placement of fill materials on dry subgrades. E. Install sufficient dewatering equipment to drain water -bearing strata above and below bottom of foundations, drains, sewers, and other excavations. F. Do not permit open -sump pumping that leads to loss of fines, soil piping, subgrade softening, and slope stability. G. Reduce hydrostatic head in water -bearing strata below subgrade elevations of foundations, drains, sewers, and other excavations. H. Maintain piezometric water level a minimum of sixty (60) inches below surface of excavation. L Dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. J. Dispose of water in a manner that avoids inconvenience to others. K. Provide sumps, sedimentation tanks, and other flow -control devices as required by authorities having jurisdiction. L. Provide standby equipment on -site, installed and available for immediate operation, to maintain dewatering on continuous basis if any part of system becomes inadequate or fails. M. If dewatering requirements are not satisfied due to inadequacy or failure of dewatering system, restore damaged structures and foundation soils at no additional expense to Owner. N. Remove dewatering system from Project Site on completion of dewatering. O. Plug or fill well holes with sand or cut off and cap wells a minimum of thirty-six (36) inches below overlying construction. P. Promptly repair damages to adjacent facilities caused by dewatering operations. 3.3 OBSERVATION WELLS A. Provide, take measurements, and maintain at least the minimum number of observation wells or piezometers indicated and additional observation wells as may be required by authorities having jurisdiction. Water Line Change Out Phase 5 02240-47 July 2022 tv of *Lubbock B. Observe and record daily elevation of ground water and piezometric water levels in observation wells. C. Repair or replace, within twenty-four (24) hours, observation wells that become inactive, damaged, or destroyed. D. Suspend construction activities in areas where observation wells are not functioning properly until reliable observations can be made. E. Add or remove water from observation well risers to demonstrate that observation wells are functioning properly. F. Fill observation wells, remove piezometers, and fill holes when dewatering is completed. END OF SECTION Water Line Change Out Phase 5 02240-48 July 2022 City of ",Lubbock SECTION 02257: CONTROLLED LOW STRENGTH MATERIAL — FLOWABLE FILL 1.1 WORK INCLUDED A. Furnish labor, materials, equipment, and incidentals necessary to mix and place a flowable mortar fill, consisting of Portland Cement, fine aggregate, fly ash, and water in the proper proportions as specified herein. Flowable fill shall be used to bed and backfill around piping and utilities where indicated. 1.2 QUALITY ASSURANCE A. Design Criteria; Concrete Proportions and Consistency: (1) Concrete shall be proportioned to give the necessary workability and strength and shall conform to the following governing requirements. 28 Day Min. Cement Fine Max. Water Max. F1yAsh Compressive Pounds Per Aggregate Pounds Per Pounds Per Strength -psi Cu. Yd. Pounds Per Cu. Yd. Cu. Yd. (Min -Max) Cu. Yd. 70-150 50 2720 290 150 2. Fluidity of the flowable mortar shall be measured by the Corps of Engineers flow cone method, according to their specification CRD-C611-80. Prior to filling the flow cone with flowable mortar, the mixture shall be passed through a 1/4-inch screen. Time of efflux shallbe approximately 12 seconds. B. Factory Testing: The Contractor shall be responsible for the design of the material. A trial mix shall be designed by an independent testing laboratory, retained by the Contractor. The testing laboratory shall submit verification that the materials and proportions of the trial mix design meets the requirement of the specifications. Concrete mix additive such as "Darafill" manufactured by Grace Construction Products or equal products may be required to achieve the low strength and the flowability requirements. In lieu of trial mix design, Contractor may submit a mix design used successfully in previous similar work, for similar materials for approval by Engineer. The Contractor shall not make changes in materials (gradation, source, brand, or proportions) of the mixture after having been approved, except by specific approval of the Engineer. C. Pre -Job Testing: Pre -job testing with actual equipment and intended configuration ofconcrete sample maybe required to determine whether the material can be excavated. The testing equipment and configuration of concrete sample shall be determined by the Owner's representative. D. Testing: It isthe responsibility ofthe Contractor to achieve andmaintain the quality ofmateni al required by this specification. However, the Owner may secure the services ofan independent testing laboratory toverifythe quality ofthe material. The Owner shall have the right to require additional testing, strengthening, or replacement ofconcrete thathas failed to meetthe minimum requirements ofthis section. Water Line Change Out Phase 5 02260-49 July 2022 tv of ",Lubbock 1.3 SUBMITTALS A. Submittals shall be in accordance with Section 01300, and shall include a trial mix design on material 1.4 STANDARDS AND REFERENCES A. Materials shall meet recommendation for mix design and placement, as published by National Ready Mixed Concrete Association. B. The applicable provisions of the following references and standards shall apply tothis section as ifwritten herein in their entirety. (1) American Society for Testing and Materials (ASTM) Standards: ASTM C33 Specifications for Concrete Aggregates ASTM C40 Test Method for Organic Impurities In Fine Aggregates For Concrete ASTM C 150 Specification for Portland Cement ASTM C 618 Specification for Fly Ash and Raw or Calcined Natural Pozzolan for Use as Mineral Admixture in Portland CementConcrete (2) Federal Specifications: (a) COE — (CRD-C611-80). PART 2 —PRODUCTS 2.1 MATERIALS A. Cement: Portland Cement conforming to the specifications and test for Type I Portland Cement per ASTM C-150 B. Fine Aggregate: Fine aggregate consisting ofnatural, washed and screened sand having clean, hard, strong, durable, uncoated grains complying with the requirements for ASTM C33. The sand shall generally be of such size that allwill pass a 3/8-inch sieve, at least 95 percent pass at 1/4-inch screen and at least 80 percent pass a No. 8 sieve. Aggregate shall not contain strong alkali, or organic material that gives a colordarkerthan the standard colorwhentested in accordance with ASTM C40. C. Fly Ash/Pozzolans: Fly ash shall be an ASTM C618, Class "C" fly ash. The fly ash may be used in controlled low -strength material. D. Water: Water for concrete shall be clean and free from oil, acid, alkali, organic matter or other harmful impurities. Water which is suitable for drinking or for ordinary household use will be acceptable for concrete. Where available, water shall be obtained from main of a waterworks system. E. Additive: "Darafill" or approved alternate additive may be required to meet these specifications. Water Line Change Out Phase 5 02260-50 July 2022 of Lubbock 2.2 MIXES A. In the determination of the amount of water required for mix, consideration shall be given to the moisture content ofthe aggregate. The net amount ofwater in the mix will be the amount added at the mixer; plus the free water in the aggregate; and minus the absorption of the aggregate, based on a 30 minute absorption period. No water allowance shall be made for evaporation after batching. B. The methods of measurement of materials shall be such that the proportions of water to cement can be closely controlled during the progress of the work and easily checked at any time by the Owner's Representative. To avoid unnecessary or haphazard changes in consistency, the aggregate shall be obtained from sources which will insure aumform quality and grading during any single day's operation and they shall be delivered to the work and handled in such a manner that the variation in moisture content will not interfere with the steady production of concrete ofreasonable degree of uniformity. Sources of supply shall be approved by the Owner's Representative. C. All material shall be separately and accurately measured. Measurement may be made by weight or by volume, as determined by the Contractor; however; all equipment for measurement of materials shall be subject to approval by the Owner's Representative. D. The proportions ofthe mix shall be such as to produce material that can be placed readily into the void areawithout spading orvibrating, andwithout segregation or undue accumulation of water orlaitance ofthe surface. E. When additive is contained in the concrete mix, the additive ingredients, proportions and placement of the additive shall be per manufacturer's recommendations. PART 3 —EXECUTION 3.1 INSTALLATION A. Contractor shall give the Owner's Representative sufficient advance notice before starting to place material in any area to permit inspection ofthe area and to prepare for pouring. B. Conduct the operation of depositing and compacting the material so as to forma compact, dense, impervious mass. C. Flowable fill shall be placed the full depth into the trenches. The fill shall be brought up uniformly to the elevation shown in the Plans. Flowable fill shall be protected from traffic for a period of72 hours. D. The material shall be placed against undisturbed trench walls, and shall not be placed on or against frozen ground. E. Material shall be placed in lifts or other measures shall betaken to prevent pipe flotation. Material shall be allowed to harden before placing next lift. END OF SECTION Water Line Change Out Phase 5 02260-51 July 2022 tv of Lubbock SECTION 02260: EXCAVATION SUPPORT AND PROTECTION PART1 GENERAL 1.1 SUMMARY A. This Section includes temporary excavation support and protection systems. B. Section Includes: (1) Submittals (2) Performance Requirements (3) Project Conditions (4) Materials (5) Preparation (6) Sheet Piling (7) Trench Boxes (8) Trenching Procedures 1.2 SUBMITTALS A. Shop Drawings for Information: (1) Prepared by or under the supervision of a qualified Professional Engineer for excavation support and protection systems. (2) Include Shop Drawings signed and sealed by a Texas Licensed Professional Engineer responsible for their preparation. B. Qualification data for installer and Professional Engineer. C. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by the absence of, the installation of, or the performance of excavation support and protection systems. 1.3 PERFORMANCE REQUIREMENTS A. Design, furnish, install, monitor, and maintain excavation support and protection system capable of supporting excavation sidewalls and of resisting soil and hydrostatic pressure and superimposed and construction loads. B. Provide professional engineering services needed to assume engineering responsibility, including preparation of Shop Drawings and a comprehensive engineering analysis by a qualified Professional Engineer. C. Prevent surface water from entering excavations by grading, dikes, or other means approved by the Engineer. D. Install excavation support and protection systems without damaging existing buildings, pavements, and other improvements adjacent to excavation. 1.4 PROJECT CONDITIONS A. Existing Utilities: Water Line Change Out Phase 5 02260-52 July 2022 tv of *Lubbock (1) Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. B. Project Site Information: (1) Survey adjacent structures and improvements, employing a qualified professional engineer or land surveyor, establishing exact elevations at fixed points to act as benchmarks. (2) Clearly identify benchmarks and record existing elevations. (3) During installation of excavation support and protection systems, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations and positions for comparison with original elevations and positions. (4) Promptly notify the Engineer if changes in elevations or positions occur, or if cracks, sags, or other damage is evident in adjacent construction. PART 2 PRODUCTS 2.1 MATERIALS A. Provide materials that are either new or in serviceable condition. B. Structural Steel: ASTM A36/A 36M, ASTM A690/A 690 M, ASTM A 992/ A 992M. C. Steel Sheet Piling: ASTM A 328/A 328M, ASTM A 572/ A 572M, or ASTM A690/ A 690M; with continuous interlocks. PART 3 EXECUTION 3.1 PREPARATION A. Project structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards that could develop during excavation support and protection systems operations. B. Shore, support, and protect utilities encountered. C. Install excavation support and protection systems to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. D. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. (1) Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. E. Locate excavation support and protection systems clear of permanent construction so that forming and finishing of concrete surfaces is not impeded. F. Monitor excavation support and protection systems daily during excavation progress and for as long as excavation remains open. G. Promptly correct bulges, breakage, or other evidence of movement to ensure that excavation support and protection systems remain stable. H. Promptly repair damages to adjacent facilities caused by installing excavation support and protection systems. 3.2 SHEET PILING Water Line Change Out Phase 5 02260-53 July 2022 tv of ",Lubbock A. Before starting excavation, install one-piece sheet piling lengths and tightly interlock to form a continuous barrier. B. Limit vertical offset of adjacent sheet piling to sixty (60) inches. C. Accurately align exposed faces of sheet piling to vary not more than two (2) inches from a horizontal line and not more than 1:120 out of vertical alignment. D. Cut tops of sheet piling to uniform elevation at top of excavation. 3.3 TRENCH BOXES A. Provide Engineer approved trench boxes sufficient for depth and width of open -cut trench. B. All exposed trench shall be protected. 3.4 TRENCHING PROCEDURES A. Provide shoring systems in accordance with the Contractor's submitted design to adequately resist earth pressures. B. Proceed with work in an orderly fashion. C. Install trench bracing systems as soon as possible after opening trenches. D. Do not allow workers in trench prior to installing trench bracing systems. E. Backfill trenches as soon as possible after completion of work. F. Stockpile excavated materials at three (3) feet away from edge of trench. G. Maintain barricades and signage as required by State and Local codes to protect open excavations. H. Do not allow surface water to enter excavations. L Properly grade areas adjacent to trench excavations to control surface drainage away from excavations. J. If cut back method is allowed by Owner and is employed, maintain a clear distance of three (3) feet from edge of cut to avoid allowing loose material to enter trench. K. Cut back method may not be used where there is insufficient work area to employ it. L. Do not operate heavy equipment except for trench digging or pipe laying equipment within twenty (20) feet of edge of excavation. M. Haul trucks, if needed, may operate closer than twenty (20) feet to trench edge provided the Contractor deems it safe to do so. 3.5 REMOVAL AND REPAIRS A. Remove excavation support and protection systems when construction has progressed sufficiently to support excavation and bear soil and hydrostatic pressures. B. Remove in stages to avoid disturbing underlying soils or damaging structures, pavements, facilities, and utilities. END OF SECTION Water Line Change Out Phase 5 02260-54 July 2022 tv of Lubbock SECTION 02317: EXCAVATION AND BACKFILL FOR UTILITIES PART1 GENERAL 1.1 SUMMARY A. This section of the specifications includes information on excavation, trenching, foundation, embedment, and backfill for installation of utilities, including manholes and pipeline structures. B. Section Includes: (1) Definitions (2) References (3) Scheduling (4) Submittals (5) Tests (6) Equipment (7) Material Classifications (8) Accessories (9) Installation (10) Preparation (11) Protection (12) Excavation (13) Handling Excavation Materials (14) Trench Foundation (15) Ground Water Control (16) Pipe Embedment, Placement and Compaction (17) Trench Zone Backfill, Placement and Compaction (18) Field Quality Control (19) Disposal of Excess Material 1.2 DEFINITIONS A. Pipe Foundation — Suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Drawings, or foundation Backfill material placed and compacted in over -excavations. B. Pipe Bedding — The portion of trench Backfill that extends vertically from top of foundation up to a level line at bottom of pipe, and horizontally under one-third of the pipe O.D. C. Haunching — The material placed on either side of the pipe from the foundation to the springline of the pipe for rigid wall pipe, and horizontally from one trench sidewall to opposite sidewall, excluding the bedding section as shown on the plans. Water Line Change Out Phase 5 02320-55 July 2022 tv of ',Lubbock D. Initial Backfill — The portion of trench backfill that extends vertically from the top of haunching or cement stabilized backfill up to a level line immediately below pavement subgrade, and horizontally from on trench sidewall to opposite sidewall. E. Pipe Embedment — The portion of trench backfill that consists of bedding, haunching, and initial backfill. F. Trench Zone — The portion of trench backfill that extends vertically from top of pipe embedment up to a line immediately below pavement subgrade or up to final grade when not beneath paving. G. Backfill — Suitable material meeting specified quality requirements, placed and compacted under controlled conditions. H. Ground Water Control Systems — Installations external to trench, such as well points, eductors, or deep wells. Ground water control includes dewatering to lower ground water, intercepting seepage which would otherwise emerge from side or bottom of trench excavation, and depressurization to prevent failure or heaving of excavation bottom. Refer to Section 02240 — Dewatering. L Surface Water Control — Diversion and drainage of surface water runoff and rain water away from trench excavation. Rain water and surface water accidentally entering trench shall be controlled and removed as a part of excavation drainage. J. Excavation Drainage — Removal of surface and seepage water in trench by sump pumping or other approved means. K. Trench Conditions are defined with regard to the stability of trench bottom and trench walls of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill, except where structural trench support is necessary. L. Dry Stable Trench — Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressurization) for trenches extending below ground water level. M. Stable Trench with Seepage — Stable trench in which ground water seepage is controlled by excavation drainage. N. Stable Trench with Seepage in Clayey Soils — Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. O. Stable Wet Trench in Sandy Soils — Excavation drainage is provided in the embedment zone in combination with ground water control in predominately sandy or silty soils. P. Unstable Trench — Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes soil disturbances, such as sloughing, sliding, boiling, heaving, or loss of density. Q. Subtrench — Subtrench is a special case of benched excavation. Subtrench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of a subtrench depends upon trench stability and safety as determined by the Contractor. R. Over -Excavation and Backfill — Excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on Drawings, and backfilled with foundation backfill material. Water Line Change Out Phase 5 02320-56 July 2022 tv of *Lubbock S. Foundation Backfill Materials —Natural soil or manufactured aggregate of controlled gradation, to control drainage and material separation. Foundation backfill material is placed and compacted as backfill to provide stable support for bedding. T. Trench Safety Systems include both protective systems and shoring systems as defined in Section 02260 — Excavation Support and Protection U. Trench Shield (Trench Box) — A portable worker safety structure moved along the trench as work proceeds, used as a protective system and designed to withstand forces imposed on it by cave-in, thereby protecting persons within the trench. Trench shields may be stacked if so designed or placed in a series depending on depth and length of excavation to be protected. V. Shoring System — A structure that supports sides of an excavation to maintain stable soil conditions and prevent cave-ins, or to prevent movement of the ground affecting adjacent installations or improvements. 1.3 REFENCES A. ASTM D 558 — Test Methods for Moisture -Density Relations of Soil Cement Mixtures. B. ASTM D 698 — Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures Using 5.5-lb. Rammer and 12 inch Drop. C. ASTM D 1556 — Test Method for Density in Place by the Sand -Cone Method. D. ASTM D 2487 — Classification and Soils for Engineering Purposes. E. ASTM D 2922 — Test Method for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth). F. ASTM D 3017 — Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). G. ASTM D 4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. H. TxDOT Tex- 101-E — Preparation of Soil and Flexible Base Materials for Testing. L TxDOT Tex- 110-E — Determination of Particle Size Analysis of Soils. J. Federal Regulations, 29 CFR Part 1926, Standards -Excavation, Occupational Safety and Health Administration (OSHA). 1.4 SCHEDULING A. Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation, manhole, or other structures. 1.5 SUBMITTALS A. Conform to Section 01300 — Submittal Procedures B. Submit a written description for information only of the planned typical method of excavation, backfill placement, and compaction, including: (1) Sequence of work and coordination of activities. (2) Selected trench widths and dimensions of excavations. (3) Procedures for foundation and embedment placement, and compaction. (4) Procedure for use of trench boxes and other pre -manufactured systems while assuring specified compaction against undisturbed soils. Water Line Change Out Phase 5 02320-57 July 2022 tv of *Lubbock C. Submit backfill material sources and product quality information in accordance with requirements of Section 02320 — Utility Backfill Materials. D. Submit record of location of pipe as installed, referenced to Texas North Central State Plane coordinate system (NAD83). (1) Include locations of utilities encountered that are not shown on drawings or rerouted for the convenience of the Contractor. (2) Give stations, coordinates, elevations, inverts, and gradients of installed pipe, casing, etc. E. Submit field density tests of trench backfill. F. Submit laboratory density compaction curves for each material. 1.6 TESTS A. The Contractor is to perform backfill material source qualification testing in accordance with requirements of Section 02320 — Utility Backfill Materials. B. The Contractor shall have a competent, separate agency perform field density tests of trench Backfill representative of each 200 linear feet of trench and each compacted layer. PART 2 PRODUCTS 2.1 EQUIPMENT A. Perform excavation with hydraulic excavator or other equipment suitable for achieving the requirements of this Section. B. Use only hand -operated tamping equipment until a minimum cover of twelve (12) inches is obtained over pipes, conduits, and ducts. C. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. D. Do not use vibratory equipment until five (5) feet of cover over pipes, conduits, or ducts is obtained. E. Do not use vibratory equipment if adjacent structures could be affected. F. Use trench shields or other protective systems or shoring systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. 2.2 MATERIAL CLASSIFICATIONS A. Embedment and Trench Zone Backfill Materials: Conform to classifications and product descriptions of Section 02320 — Utility Backfill Materials. 2.3 ACCESSORIES A. Warning Tape: Install twelve (12) inches below finished grade acid and alkali resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, six (6) inches wide and four (4) mils thick, continuously inscribed with a description of the utility; colored as follows: (1) Red — Electric (2) Yellow — Gas, oil, steam, and dangerous materials. (3) Orange — Telephone and other communications. Water Line Change Out Phase 5 02320-58 July 2022 tv of Lubbock (4) Blue — Water systems. (5) Green — Sewer systems. B. Locator Wire: Install continuously coated fourteen (14) gauge locating wire as indicated on Plans. PART 3 EXECUTION 3.1 INSTALLATION A. Install flexible pipe to conform to the trench details shown in the drawings. B. Install rigid pipe to conform to the trench details shown in the drawings. 3.2 PREPARATION A. Establish traffic control to conform to requirements of Section 01555 —Barricades, Signs, and Traffic Handling and the drawings. B. Perform work to conform to applicable safety standards and regulations. C. Employ a trench safety system as specified in Section 02260 — Excavation Support and Protection. D. Immediately notify the agency or company owning any existing utility line which is damaged, broken, or disturbed. E. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. F. Remove existing pavements and structures, including sidewalks and driveways, to conform to requirements of Section 02220 — Demolition, Removal, and Salvaging of Existing Material. G. Maintain permanent benchmarks, monumentation and other reference points, and unless otherwise directed in writing, replace those which are damaged or destroyed. 3.3 PROTECTION A. Protect trees, shrubs, lawns, existing structures, and other permanent objects outside of the construction limits. B. Protect and support above grade and below grade utilities, which are to remain. C. Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment of facilities are indicated on the Drawings. D. Take measures to minimize erosion of trenches and excavations. E. Do not allow water to pond in trenches or excavations. F. Where slides, washouts, settlements, or areas with loss of density or pavement failures or potholes occur, repair, recompact, and pave those areas at no additional cost to the Owner. G. The Contractor shall locate all existing underground lines, whether or not they are shown on the Drawings, sufficiently in advance of trenching operations to prevent any damage thereto. H. Verification of location, size, and burial depth of existing utilities shall be the complete responsibility of the Contractor. L The Contractor is responsible for notifying pipeline and cable utility owners of the intention to cross said utility no less than seven (7) days prior to crossing the utility. J. Coordinate vertical separation requirements with utility owners and any other special construction considerations. Water Line Change Out Phase 5 02320-59 July 2022 tv of *Lubbock K. Notify the Engineer if required changes in the vertical profile shown on the Drawings prior to constructing these changes. L. Trench digging machinery may be used to make the trench excavations except in places where operation of same would cause damages to pipelines, fences, or other existing structures either above or below ground; in such instances hand methods shall be employed. 3.4 EXCAVATION A. Perform excavation work so that pipe, conduit, or ducts can be installed to depths and alignments shown on the Drawings. B. Avoid disturbing surrounding ground and existing facilities and improvements. C. Determine trench excavation widths based on the requirements shown on the plans. D. Use sufficient trench width or benches above the embedment zone for installation of well point headers or manifolds and pumps where depth of trenches makes it uneconomical or impractical to pump from the surface elevation. E. Provide sufficient space between shoring cross braces to permit equipment operations and handling of forms, pipe, embedment and backfill, and other materials. F. Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that location. Notify the Engineer and obtain instructions before proceeding. G. Shoring of Trench Walls: (1) Install special shoring in advance of trench excavation or simultaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will remain laterally supported at all times. (2) For all types of shoring, support trench walls in the pipe embedment zone throughout the installation. (3) Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out behind the trench wall support. (4) Unless otherwise directed by the Engineer, leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment materials. (5) Leave rangers, walers, and braces in place as long as required to support the sheeting, which has been cut off, and the trench wall in the vicinity of the pipe zone. (6) Employ special methods for maintaining the integrity of embedment or foundation material. (7) Before moving supports, place and compact embedment to sufficient depths to provide protection of pipe and stability of trench walls. (8) As supports are moved, finish placing and compacting embedment. (9) If sheeting or other shoring is used below top of the pipe embedment zone, do not disturb pipe foundation and embedment materials by subsequent removal. (10) Maximum thickness of removable sheeting extending into the embedment zone shall be the equivalent of a one (1) inch thick steel plate. (11) Fill voids left on removal of supports with compacted backfill material. H. Wherever necessary to prevent caving, the trench shall be adequately supported as required by the Drawings and Specifications. Water Line Change Out Phase 5 02320-60 July 2022 tv of *Lubbock I. The Contractor is entirely responsible for assuring that trenches are adequately supported to protect both the workers and the public. J. Use of Trench Shields/Trench Boxes: (1) Make trench excavations of sufficient width to allow shield to be lifted or pulled feely, without damage to the trench sidewalls. (2) Move trench shields so that pipe, and backfill materials, after placement and compaction, are not damaged or disturbed, or the degree of compaction reduced. (3) When required, place, spread, and compact pipe foundation and bedding materials beneath the shield. (4) For backfill above bedding, lift the shield as each layer of backfill is placed and spread. (5) Place and compact backfill materials against undisturbed walls and foundation. (6) Maintain trench shield in position to allow sampling and testing to be performed in a safe manner. (7) Contractor shall provide trench shield for Owner's tests within the trench as required in paragraph 3.11.13 3.5 HANDLING EXCAVATION MATERIALS A. Use only excavated materials which are suitable as defined in this Section and conforming to Section 02320 — Utility Backfill Materials. B. Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. C. Do not place stockpiles of excess excavated materials on streets and adjacent properties. D. Protect excess stockpiles for use on site. E. Maintain site conditions in accordance with Section 01500 —Temporary Facilities and Controls. 3.6 TRENCH FOUNDATION A. The trench shall be excavated to an even grade so that the bottom of the pipe will rest on the bottom of the trench over the entire length of the pipe. B. Any part of the trench excavated below grade shall be corrected by filling with approved material and compacting thoroughly. C. If ledge rock, rock fragments, or other unyielding material is encountered in the bottom of the trench, it shall be removed to a depth of six (6) inches below grade, refilled with selected material, and thoroughly compacted. D. Bell holes of ample dimensions shall be dug at each joint to permit the jointing of pipe to be made properly, and of sufficient depth to prevent the bell of the pipe from resting on undisturbed materials. 3.7 GROUND WATER CONTROL A. Should ground water become an issue, refer to Section 02240 — Dewatering. B. Provide a stable trench to allow installation in accordance with the Specifications. 3.8 PIPE EMBEDMENT, PLACEMENT AND COMPACTION Water Line Change Out Phase 5 02320-61 July 2022 City of Lubbock A. Immediately prior to placement of embedment materials, the bottoms and sidewalls of trenches shall be free of loose, sloughing, caving, or otherwise unsuitable soil. B. Place embedment including bedding, haunching, and initial backfill as shown on the Drawings. C. For pipe installation, manually spread embedment materials around the pipe to provide uniform bearing and side support when compacted. D. Do not allow materials to free -fall from heights greater than twenty-four (24) inches above top of pipe. E. Perform placement and compaction directly against the undisturbed soils in the trench sidewalls, or against sheeting which is to remain in place. F. Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. G. If moveable supports are used in embedment zone, lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. H. Do not damage coatings or wrappings of pipes during backfilling and compacting operations. L When embedding coated or wrapped pipes, do not use crushed stone or other sharp, angular aggregates. J. Place haunching material manually around the pipe and compact it to provide uniform bearing and side support. K. If necessary, hold small -diameter or lightweight pipe in place with sand bags or other suitable means during compaction of haunch areas and placement beside the pipe. L. Shovel in -place and compact embedment material using pneumatic tampers in restricted areas, and vibratory -plate compactors or engine -powered jumping jacks in unrestricted areas. M. Compact each lift before proceeding with placement of the next lift. N. Water tamping and water jetting are not allowed. O. For flowable fill, such as cement stabilized backfill, vibrate flowable backfill with concrete vibrator to consolidate material under haunches. P. Install specified location tape and wire as shown on the drawings and per paragraphs 2.3.A and 2.3.13. 3.9 TRENCH ZONE BACKFILL, PLACEMENT AND COMPACTION A. Place backfill for pipe or conduits and restore as soon as practicable. B. Leave only the minimum length of trench open as necessary for construction. C. Maximum allowed open trench is limited to 200 feet unless otherwise approved by the Owner. D. Where damage to completed pipe installation work is likely to result from withdrawal of sheeting, leave the sheeting in place. (1) Cut off sheeting two (2) feet or move above the crown of the pipe. (2) Remove trench supports within five (5) feet from the ground surface. E. Place trench zone backfill in lifts and compact by methods selected by the Contractor. F. Fully compact each lift before placement of the next lift. G. Cement Stabilized Backfill/Lean Concrete Backfill: Water Line Change Out Phase 5 02320-62 July 2022 tv of Lubbock (1) Place in depths as shown on plans. (2) Use vibratory equipment to ensure placement under the haunches of the pipe. (3) Backfilling of the remaining trench depth after cement stabilized backfill has been placed shall not commence until the in -place cement stabilized backfill has attained a penetration resistance reading of at least thirty (30) when measured with a soil penetrometer according to ASTM D 1558 and using a one -tenth square inch needle. (4) This equates to a penetration resistance of approximately 300 pounds per square inch. (5) This is not a strength requirement of the cement -stabilized backfill, but a measure of the degree of curing of the cement stabilized backfill. (6) After a penetrometer reading of 30 is obtained on the cement stabilized backfill, then compacted backfill operations may commence. (7) The Contractor shall furnish and have on site a calibrated ASTM D 1558 soil penetrometer with one -tenth square inch needle. (8) The Contractor shall take no less than four (4) penetrometer readings, equally spaced on both sides of the pipe (8 readings total) in accordance with ASTM D 1558, for each day's trench length that is planned for controlled density backfill operations. (9) Such readings shall be taken prior to commencing backfill operations. H. Bedding Material: (1) Sand bedding shall be loosely placed in trench as shown on the Drawings. I. Gravel Embedment: (1) Place in depths as shown on plans (2) Use vibratory equipment or shovel slicing to ensure placement under the haunches of the pipe. J. Native Material/Borrow Material (Pipe Installation): (1) Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding eight (8) inches. (2) Compaction by trench sheep's foot or by vibratory equipment to provide backfill densities at least equivalent to the surrounding undisturbed material or ninety-five (95) percent of the maximum dry density determined according to ASTM D 698. (3) Use of vibratory equipment limited as specified in paragraph 2.1. (4) Moisture content within two (2) percent of optimum determined according to ASTM D 698. K. Topsoil: (1) Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding eight (8) inches. (2) Compaction by trench sheep's foot or by vibratory equipment to provide backfill densities at least equivalent to the surrounding undisturbed material or ninety-five (95) percent of the maximum dry density determined according to ASTM D 698. (3) Use of vibratory equipment limited as specified in paragraph 2.1. (4) Moisture content within two (2) percent of optimum determined according to ASTM D 698. 3.10 MANHOLES, JUNCTION BOXES, AND OTHER PIPELINE STRUCTURES Water Line Change Out Phase 5 02320-63 July 2022 tv of ",Lubbock A. Meet the requirements of adjoining utility installations for Backfill of pipeline structures, as shown on the Drawings. 3.11 FIELD QUALITY CONTROL A. Test for material source qualifications as defined in Section 02320 — Utility Backfill Materials. B. Provide excavation and trench safety systems at locations and to depths required for testing and retesting during construction at no additional cost to the Owner. C. Tests will be performed by the Contractor on a minimum of three (3) different samples of each material type for plasticity characteristics, in accordance with ASTM D 4318, and for gradation characteristics, in accordance with Tex-101-E and Tex- 110-E. Additional classification tests will be performed whenever there is a noticeable change in material gradation or plasticity. D. At least three (3) tests for moisture -density relationships will be performed initially for Backfill materials in accordance with ASTM D 698. Additional moisture -density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. E. The Contractor shall perform in -place density tests of compacted pipe foundation, embedment, and trench zone Backfill soil materials will be performed according to ASTM D 1556, or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions. F. A minimum of one test for every 200 linear feet of compacted trench zone Backfill material for each compacted layer. G. Density tests will be distributed around the placement areas. Placement areas are foundation, bedding, haunching, initial Backfill, and trench zone. H. The number of tests will be increased if compacting effort is variable and not considered sufficient to attain uniform density, as specified. L Density tests may be performed at various depths below the fill surface by pit excavation. Material in previously placed lifts may therefore be subject to acceptance/rejection. J. Two (2) verification tests will be performed adjacent to in -place tests showing density less than the acceptance criteria. Placement will be rejected unless both verification tests show acceptable results. K. Recompacted placement will be retested at the same frequency as the first test series, including verification tests. L. Recondition, recompact, and retest at Contractor's expense if tests indicate Work does not meet specified compaction requirements. For hardened cement stabilized Backfill with nonconforming density, core and test for compressive strength at Contractor's expense. M. Acceptability of crushed rock compaction will be determined by inspection. 3.12 DISPOSAL OF EXCESS MATERIAL A. Dispose of excess materials in accordance with requirements of Section 01576 —Waste Material Disposal. END OF SECTION Water Line Change Out Phase 5 02320-64 July 2022 tv of Lubbock SECTION 02320: UTILITY BACKFILL MATERIALS PART1 GENERAL 1.1 SUMMARY A. This Section of the specification covers materials related to the backfill of utilities. B. Section Includes: (1) "Concrete" sand (for use as pipe bedding). (2) Native soil materials. (3) Topsoil. (4) Crushed stone. (5) Cement stabilized backfill. C. Related Sections: (1) Drawings and General Provisions of the Contract, including General and Supplementary Conditions and other Division 1 specification sections apply to this section. (2) Section 01300 — Submittal Procedures (3) Section 01400 — Quality Requirements (4) Section 02317 — Excavation and Backfill for Utilities. 1.2 DEFINITIONS A. Refer to Section 02317 —Excavation and Backfill for Utilities. 1.3 REFERENCES A. ASTM C 33 — Specification for Concrete Aggregate. B. ASTM C 40 — Test Method for Organic Impurities in Fine Aggregates for Concrete. C. ASTM C 123 — Test Method for Lightweight Pieces in Aggregate. D. ASTM C 131 — Test Method for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. E. ASTM C 136 — Test Method for Sieve Analysis of Fine and Coarse Aggregates. F. ASTM C 142 — Test Method for Clay Lumps and Friable Particles in Aggregates. G. ASTM D 698 — Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft3). H. ASTM D 1140 — Test Method for Amount of Materials in Soils Finer Than Number 200 Sieve. L ASTM D 2487 — Classification of Soils for Engineering Purposes (Unified Soil Classification System). J. ASTM D 2488 — Standard Practice for Description and Identification of Soils (Visual -Manual Procedure). K. ASTM D 4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. L. ASTM D 4643 — Method for Determination of Water (Moisture) Content of Soil by the Microwave Oven Method. M. TxDOT Tex- 101-E — Preparation of Soil and Flexible Base Materials for Testing. N. TxDOT Tex-104-E — Test Method for Determination of Liquid Limit of Soils (Part 1). Water Line Change Out Phase 5 02320-65 July 2022 of Lubbock O. TxDOT Tex-106-E —Test Method —Methods of Calculating Plasticity Index of Soils. P. TxDOT Tex- 110-E —Determination of Particle Size Analysis of Soils. 1.4 SUBMITTALS A. Conform to Section 01300 — Submittal Procedures. B. Submit a description of source, material classification and product description, production method, and application of backfill materials. C. Submit test results for samples of off -site backfill materials. D. For each delivery of material, provide a delivery ticket which includes source location. 1.5 TESTS A. Perform tests of sources for off -site backfill material. B. Verification tests of backfill materials may be performed by the Owner, at the Owner's expense; however, failing tests will be charged to the Contractor. PART 2 PRODUCTS 2.1 MATERIAL DESCIRPTIONS A. "Concrete" Sand (1) Coarse -grained, well -graded, sand (natural, manufactured, or a combination of both) conforming to requirements of ASTM C 33. (2) Gradation shall conform to ASTM C 136 and the following limits. Sieve Percent Passing 3/8" 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 10 B. Native Soil Material for Backfill (1) Provide backfill material that is free of stones greater than six (6) inches, free of roots, waste, debris, trash, organic material, unstable material, non -soil matter, hydrocarbons, or other contamination. C. Topsoil (1) Provide topsoil material that is free of stones greater than three (3) inches, free of roots, waste, debris, trash, organic matter, unstable material, non -soil matter, hydrocarbons, or other contamination. (2) Surface should be made clear of rock and other debris before planting. (3) Use top two (2) feet of excavated material for topsoil backfill. This material shall be set aside to prevent mixing with other excavated material. Topsoil is only required in non - paved areas. Water Line Change Out Phase 5 02320-66 July 2022 tv of *Lubbock D. Gravel Embedment (1) Gravel embedment shall be free of waste, trash, debris, organic material, unstable material, and other non -gravel matter. (2) Provide gravel embedment that meets the following gradation requirements: Sieve Percent Retained 3/8" 0 No. 4 5 to 15 No. 10 50 to 90 No. 40 90 to 100 (3) A minimum of four inches of gravel embedment will be placed under the pipe. This material will be used for backfill to the top of the pipe. This material MUST be shovel sliced to the haunch of the pipe and mechanically tamped to midpoint of the pipe. E. Cement Stabilized Backfill (1) Cement Content — 2 sack mix per cubic yard. (2) Water/Cement Ratio — 0.60. (3) Maximum aggregate size shall not exceed one and one half (1.5) inch diameter for backfilling pipe sizes forty-eight (48) inches and greater in diameter. (4) Maximum aggregate size shall not exceed one (1) inch diameter for backfilling sizes less than forty-eight (48) inches in diameter. 2.2 MATERIAL TESTING A. Ensure that material selected, produced, and delivered to the project meets applicable specifications and is of sufficiently uniform properties to allow practical construction and quality control. B. Source or Supplier Qualification: Perform testing, or obtain representative tests by suppliers, for selection of material sources and products. Provide test results for a minimum of three (3) samples for each source and material type. Tests samples of processed materials from current production representing material to be delivered. Tests shall verify that the materials meet specification requirements. Repeat qualification test procedures each time the source characteristic changes or there is a planned change in source location or supplier. Qualification tests shall include, as applicable: (1) Gradation: Complete sieve analyses shall be reported regardless of the specified control sieves. The range of sieves shall be from the largest particle through the No. 200 sieve. (2) Plasticity of material passing the No. 40 sieve. (3) Clay lumps. (4) Lightweight pieces. (5) Organic impurities. C. Production Testing: Provide reports to the Engineer from an independent testing laboratory that backfill materials to be placed in the Work meet applicable specification requirements. D. Native material requires testing only when questionable material is encountered. Water Line Change Out Phase 5 02320-67 July 2022 tv of Lubbock PART 3 EXECUTION 3.1 SOURCES A. Use of material encountered in the trench excavations is acceptable, provided applicable specification requirements are satisfied. If excavation material is not acceptable, provide from other approved source. Top two (2) feet of excavated material shall be used as topsoil. B. Identify off -site sources for backfill material at least fourteen (14) days ahead of intended use so that the Engineer may obtain samples from verification testing. C. Obtain approval for each material source by the Engineer before delivery is started. If sources previously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. Materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements of the specifications will be rejected. Do not use material which, after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, expense for sampling and testing required to change to a different material will be at the Contractor's expense with no additional cost to the Owner. 3.2 MATERIAL HANDLING A. Establish temporary stockpile locations as practical for material handling and control. B. Cement stabilized backfill shall be consolidated upon placement by using concrete vibrators to ensure filling of voids, filling around and under haunches of pipe and filling of spaces between corrugations. Vibration shall not be applied to the utility pipe itself. 3.3 FIELD QUALITY CONTROL A. Quality Control (1) The Engineer may sample and test backfill at: i. Sources including borrow pits, production plants, and Contractor's designated off -site stockpiles. ii. On -site stockpiles. iii. Materials placed in the Work. (2) The Engineer may resample material at any stage of work or location if changes in characteristics are apparent. B. Production Verification Testing: The Owner's testing laboratory will provide verification testing on backfill materials, as directed by the Engineer. Samples may be taken at the source or at the production plant, as applicable. Contractor shall cooperate with the Owner and Engineer in allowing access to materials. END OF SECTION Water Line Change Out Phase 5 02320-68 July 2022 tv of *Lubbock SECTION 02445: BORES AND ENCASEMENTS PART1 GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS A. The section covers utility bores and placing steel encasement in open cut trenches. B. The encasement will be installed at the locations indicated on the attached plans. C. The contractor will be responsible for providing all labor, materials, equipment and incidentals necessary to accomplish the following: (1) Construction of the bore and bore pits or trench cut. (2) Installing the appropriate steel casing. (3) Installing the water supply pipe in the steel casing using the pipe manufactures recommended practices. (4) Backfill all excavations. (5) All traffic barricading and control. (6) All trench safety requirements. (7) Implementing a best management plan for the control of storm water runoff 1.2 CONTRACTOR USE OF SITE A. Limit use of site to allow: (1) Owner occupancy. (2) Contractor. B. Coordinate use of site under direction of Owner's Representative, TxDOT, and BNSF. C. Execute Work in a coordinated manner to avoid conflicts with Owner's operations or other Contractors. D. Move any stored products under Contractor's control, which interfere with operations of (1) Owner. (2) TxDOT right-of-way. (3) BNSF right-of-way E. Assume full responsibility for the protection and safekeeping of products furnished under this contract, stored on or off the site. 1.3 WORK SEQUENCE A. Construct Work to accommodate Owner's occupancy requirements during the construction period. B. Sequence and schedule shall balance Owner's occupancy and the requirements of adjacent utility work and construction schedules of other government agencies, however, Contractor's coordination for construction schedule and operations shall be with the Engineer or the Owner's Representative only. 1.4 SUBMITTALS Water Line Change Out Phase 5 02445-69 July 2022 tv of ',Lubbock A. Provide written plan with methods and materials to be used in bore and casing process. B. Provide shop drawings or manufacturer literature for casing spacers; include drawings of proposed locations within pipe casing. 1.5 STANDARDS A. All work shall be accomplished in accordance with the following standards: (1) AWWA C-206 "Field Welding of Steel Water Pipe" (2) AWWA C-210 "Liquid Epoxy Coating Systems for the Interior and Exterior of Steel Water Pipelines" (3) AASHTO M-190 `Bituminous Coated Corrugated Metal Culvert Pipe and Pipe Arches" (4) AASHTO Standard Specifications for Highway Bridges, 1993. (5) ASTM A-36 "Carbon Structural Steel" (6) ASTM A-123 "Zinc (Hot Dipped Galvanized) Coatings on Iron and Steel Products" (7) ASTM A-135 "Electric —Resistance —Welded Steel Pipe" (8) ASTM A-139 "Electric — Fusion (Arc) — Welded Steel Pipe" (NPS4 and over) (9) ASTM A-153 "Zinc (Hot Dipped Galvanized) on Iron and Steel Hardware" (10) ASTM A-307 "Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength" (11) ASTM A-449 "Quenched and Tempered Steel Bolts and Studs" (12) ASTM A-568/M "Steel, Carbon, and High Strength, Low Alloy, Hot -Rolled and Cold - Rolled for Commercial Quality" (13) ASTM C-76 "Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe" (14) ASTM D-4254 "Test Methods for minimum Index Density of Soils and Calculations of Relative Density" B. Additional standards contained in the City of Lubbock Public Works Engineering Design Standards and Specifications handbook also apply. 1.6 QUALITY ASSURANCE A. Installer's Qualifications (1) Installers shall be competent and experienced in boring work of equal scope. (2) Installers shall provide proof of successful, related work experience with references. B. Job Conditions (1) Where work is in the right-of-way of any government or corporate jurisdiction, the Owner will secure the appropriate permits or easements. The Contractor shall observe regulations, instructions and limitations of each right-of-way owner. Coordination shall be through Owner's representative. (2) Excavated material shall be kept off of roads and railroad tracks at all times. (3) No blasting is allowed at any time. (4) The Contractor shall protect existing pipelines and utilities. The Contractor shall verify location and elevation of all pipelines, power lines and communication cable in the construction area prior to execution. Verification of existing pipe and cable utilities shall be the sole responsibility of the Contractor. 1.7 OWNER OCCUPANCY Water Line Change Out Phase 5 02445-70 July 2022 *Lubbock A. Cooperate with Owner to minimize conflict, and to facilitate Owner's and other Contractor's operation. B. Schedule the Work to accommodate this requirement. PART 2 PRODUCTS 2.1 STEEL CASING A. Steel casing pipe shall have a minimum yield strength of 36 ksi. Casting shall meet ASTM A-36, ASTM A-568, ASTM A-135, ASTM A-139 or approved equal. B. The steel casing shall be new, free of any structural defects such as cracks, dents, bends or heavy rust. Used Casing may be used with the Owners Representative approval and inspection. Casing joints shall be fillet welded according to ASTM C-206. 2.2 CASING SPACERS A. Casings spacers shall be sized for 8" water line in a 16" steel casing to clear the bell and not center the line vertically within the casing. B. Approved casing spacers include: (1) Advance Products (2) BMW (3) Cascade (4) CCI Pipeline (5) Culpico (6) PSI C. Other casing spacers may be used with approval from the Owner Representative or the Engineer. 2.3 JOINT RETRAINT A. Uncased pipe bores are permitted with Engineer's approval. B. Approved joint restraint devices which prevent over -insertion: (1) EBAA Mega -Stop (for push direction only) (2) CertainTeed Certa-Lok (3) Other over -insertion protection devices must be submitted prior to approval. C. Contractor shall provide joint restraint materials and methods which do not conflict with pipe spacers. D. All uncased bore methods require Contractor to submit joint restraint manufacturer's literature for Engineer's approval. PART 3 EXECUTION 3.1 BORES A. Boring shall proceed from the low or downstream end of crossing unless otherwise specified or instructed. Water Line Change Out Phase 5 02445-71 July 2022 citv of *Lubbock B. Water used for lubrication of cuttings in conjunction with boring operations shall be permitted. Jetting shall be prohibited. C. All bores under existing paving will be subject to the following precautions: (1) Auger Boring — Auger boring shall use a pilot hole to set precise, clear auger path. (2) Wet (Slick) Boring — Under highway and arterial street pavement, the use of wet boring techniques shall be subject to the approval of the Engineer on a case -by -case basis. (3) Impact Moling — Impact moling shall be used only for bore sizes 3" in diam. and smaller. Impact moling may be used for drilling pilot holes. (4) Pipe Jacking or Ramming — Continue jacking process to completion once it has begun to prevent the pipe from becoming firmly set in the embankment. (5) Microtunneling — Remote tunneling trenchers are allowed within the constraints and operational limitations set by manufacturer. D. The following precautions shall be observed in special circumstances: (1) Boring under Milwaukee Avenue: (a) Presence of existing sewer main requires that the Milwaukee Avenue bore be cased. (b) Boring pit shall be placed on the west side of Milwaukee Avenue and proceed to the east under the road. (c) No boring method shall be chosen which will potentially disrupt or endanger existing adjacent underground utilities. (d) Contractor is responsible for damage to existing pipe, cable and other utilities affected during construction. (e) Boring operations shall provide safe setbacks from the roadway to ensure continuous service during construction. (2) Boring under Parks roadways: (a) Method of boring and casing for Parks area is at the discretion of the Contractor. (b) Uncased bores are permitted in this portion of the construction. (c) Contractor must accommodate Parks activity as coordinated with Owner Representative. Operational methods and staging may be limited by Parks activity. E. Contractor shall be fully responsible to insure the boring methods used are safe and adequate for workers, installed pipe, property, the public, adjacent utilities and other site conditions. F. The bore must be at or near level. A tolerance of 1/2 % grade either positive or negative will be allowed. G. Contractor is responsible for removing all excavated material. H. Contractor shall be responsible for trench safety and all traffic control requirements. I. After installing the water pipe in the encasement the ends of the encasement must be sealed to prevent soil creep into the pipe. 3.2 PIPE INSTALLATION A. Contractor shall use approved joint restraint devices for pipe within casing. B. Contractor shall use approved spacers as specified to install pipe in casing. 3.3 OPEN TRENCH ENCASEMENT Water Line Change Out Phase 5 02445-72 July 2022 tv of *Lubbock A. The water distribution pipe shall be installed in the same manner as the encased bores. The cost of installing the carrier pipe will include any appurtenances needed to protect the pipe as per manufacture recommendation. B. The ends of the encasement shall be sealed after the carrier pipe is installed. END OF SECTION Water Line Change Out Phase 5 02445-73 July 2022 tv of *Lubbock SECTION 02510: REDUCED PRESSURE ZONE DEVICES FOR WATER DISTRIBUTION PART1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1— General Requirements apply to Work in this Section. 1.2 SCOPE OF WORK A. This Section includes backflow prevention by Reduced Pressure Zone (RPZ) devices on water - distribution piping and related components outside of a building. B. The Contractor shall provide RPZ devices as specified herein along with all installation, testing, cleanup and safety work required. 1.3 REFERENCED DOCUMENTS A. 40 CFR 141 B. 30 TAC 216, 290 & 291 C. AWWA C511-89 D. Most recent version of the City of Lubbock Design Standards 1.4 DEFINITIONS & ABREVIATIONS A. ASME: American Society of Mechanical Engineers B. ASSE: American Society of Sanitary Engineering C. AWWA: American Water Works Association D. FM: Factory Mutual E. IAPMO: International Association of Plumbing and Mechanical Officials F. PVC: Polyvinyl Chloride (plastic pipe) G. OS&Y: Outside Screw & Yoke (valve) H. RPZ: Reduced Pressure Zone (device) L UL: Underwriter Laboratories 1.5 SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: Detail precast concrete vault assemblies and indicate dimensions, method of field assembly, and components. C. Coordination Drawings: For piping and specialties including relation to other services in same area, drawn to scale. Show piping and specialty sizes and valves, meter and specialty locations, and elevations. D. Field quality -control test reports. E. Operation and Maintenance Data: For water valves and specialties to include in emergency, operation, and maintenance manuals. Water Line Change Out Phase 5 02510 - 74 July 2022 tv of *Lubbock 1.6 QUALITY ASSURANCE A. Regulatory Requirements: (1) Comply with rules, regulations, codes and standards listed in 1.2 "Applicable Codes & Regulations." B. Construction Requirements: (1) Comply with the most recent release of the City of Lubbock Design Standards. 1.7 DELIVERY, STORAGE, AND HANDLING A. Preparation for Transport: Prepare valves according to the following: (1) Ensure that valves are dry and internally protected against rust and corrosion. (2) Protect valves against damage to threaded ends and flange faces. (3) Set valves in best position for handling. Set valves closed to prevent rattling. B. During Storage: Use precautions for valves according to the following: (1) Do not remove end protectors unless necessary for inspection; reinstall for storage. (2) Protect from weather; store indoors and maintain temperature higher than ambient dew - point temperature. (3) Support off the ground or pavement in watertight enclosures when outdoor storage is necessary. C. Handling: (1) Use sling to handle valves if size requires handling by crane or lift. (2) Rig valves to avoid damage to exposed parts. (3) Do not use hand wheels or stems as lifting or rigging points. D. Deliver piping with factory -applied end caps. Maintain end caps through shipping, storage, and handling to prevent pipe -end damage and to prevent entrance of dirt, debris, and moisture. E. Protect stored piping from moisture and dirt. Elevate above grade. Do not exceed structural capacity of floor when storing inside. F. Protect flanges, fittings, and specialties from moisture and dirt. G. Store plastic piping protected from direct sunlight. Support to prevent sagging and bending. 1.8 PROJECT CONDITIONS A. Interruption of Existing Water -Distribution Service: Do not interrupt service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary water -distribution service according to requirements indicated: (1) Notify the Engineer no fewer than 2 (two) days in advance of proposed interruption of service. (2) Do not proceed with interruption of water -distribution service without Owner's written permission. PART 2 PRODUCTS 2.1 BACKFLOW PREVENTION DEVICES A. Applicable Standards of Compliance: Water Line Change Out Phase 5 02510 - 75 July 2022 tv of *Lubbock (1) All acceptable RPZs shall be listed or meet the requirements for approval by the following agencies: (a) ASSE 1013 (b) AWWA C511 (c) IAPMO (d) FM 1221 (must include shut-off valves) (e) UL 1469 (must include shut-off valves) (2) All acceptable RPZs shall meet the Lead Plumbing Law's 0% lead content and be ASTM 90500 compliant and ANSI 3,d parry certified. B. Reduced -Pressure -Principle Backflow Preventers: (1) The function and construction of RPZ device shall be as follows: (a) Body of RPZ shall be constructed of Ductile Iron. (b) Two (2) Check Valves shall be mechanically independent, stainless steel spring - loaded. Check valve clips and rings shall also be stainless steel. (c) Pressure Relief Valve shall be hydraulically dependent differential pressure relief valve with the sensing passage set in an integral cast ductile iron body, with a single access cover. (d) Include no less than four (4) vertical test cocks and two (2) shut-off valves (2) Operation: Continuous -pressure applications. (3) Pressure Loss: 12 psig maximum pressure drop, through middle 1/3 of flow range. (4) Design Flow Rate: 300 gpm (5) Body: Ductile iron (6) End Connections: Flanged (7) Configuration: narrow profile (Febco "N-Pattern" or similar) C. Approved Device Manufacturers: (1) Ames (2) Febco (3) Watts (4) Wilkins 1.2 PROTECTIVE ENCLOSURES A. Freeze -Protection Enclosures: (1) Manufacturers: Subject to compliance with requirements, provide products by one of the following: (a) EZ Box Model HEz (b) Hot Box (c) Safe-T-Cover (2) Description: Insulated enclosure designed to protect aboveground water piping, equipment, or specialties from freezing and damage, with heat source to maintain minimum internal temperature of 40 degrees F when external temperatures reach as low as negative 34 degrees F. (a) Standard: ASSE 1060. Water Line Change Out Phase 5 02510 - 76 July 2022 tv of ",Lubbock (b) Class L For equipment or devices other than pressure or atmospheric vacuum breakers. (c) Class I-V: For pressure or atmospheric vacuum breaker equipment or devices. Include drain opening in housing. (1) Housing: Reinforced polyester or aluminum construction. Size: Of dimensions as indicated on drawings, but not less than those required for access and service of protected unit. 2. Drain opening for units with drain connection. 3. Access doors with locking devices. 4. Insulation inside housing. 5. Anchoring devices for attaching housing to concrete base. (ii) Electric heating cable or heater with self-limiting temperature control. B. Enclosure Bases: (1) Description: 4-inch minimum thickness precast concrete, of dimensions required to extend at least 6 inches beyond edges of enclosure housings. Include openings for piping from below with opening sealed to prevent infiltration below base. PART 3 EXECUTION 3.1 EARTHWORK A. Refer to Sections 02240, 02260, 02317 and 02320 for all excavating, trenching, and backfilling. 3.2 VALVE APPLICATIONS A. General Application: Use mechanical -joint -end valves for larger underground installation. Use threaded- or flanged -end valves for installation in vaults. Use UL/FMG, non -rising stem gate valves for installation with indicator posts. Use corporation valves and curb valves with ends compatible with piping, for smaller installation. B. Drawings indicate valve types to be used. Where specific valve types are not indicated, the following requirements apply: (1) Use the following for valves above ground: (a) Smaller Gate Valves: Bronze, rising or non -rising stems allowed unless otherwise indicated on drawings. (b) Larger Gate Valves: AWWA, ductile iron, OS&Y rising stem, metal seated (2) Pressure -Reducing Valves: Use for water -service piping aboveground to control water pressure. (3) Relief Valves: Use for water -service piping above ground. (a) Air -Release Valves: To release accumulated air. (b) Air/Vacuum Valves: To release or admit large volume of air during filling of piping. (c) Combination Air Valves: To release or admit air. (4) Detector Check Valves: Use for water -service piping above ground to detect unauthorized use of water. 3.3 PIPING SYSTEMS - COMMON REQUIREMENTS A. See Section 02665 "Water Works Piping" for basic piping construction. Water Line Change Out Phase 5 02510 - 77 July 2022 tv of *Lubbock 3.4 PIPING INSTALLATION A. Water -Main Connection by Tapping: Tap water main according to requirements of water utility company and of size and in location indicated. (1) Make larger connections with tapping machine according to the following: (a) Install tapping sleeve and tapping valve according to MSS SP-60. (b) Install tapping sleeve on pipe to be tapped. Position flanged outlet for gate valve. (c) Use tapping machine compatible with valve and tapping sleeve; cut hole in main. Remove tapping machine and connect water -service piping. (2) Install gate valve onto tapping sleeve. Comply with MSS SP-60. Install valve with stem pointing up and with valve box. (3) Make smaller connections with drilling machine according to the following: (a) Install service -saddle assemblies and corporation valves in size, quantity, and arrangement required by utility company standards. (b) Install service -saddle assemblies on water -service pipe to be tapped. Position outlets for corporation valves. (c) Use drilling machine compatible with service -saddle assemblies and corporation valves. Drill hole in main. Remove drilling machine and connect water -service piping. (1) Install corporation valves into service -saddle assemblies. (ii) Install manifold for multiple taps in water main. (iii) Install curb valve in water -service piping with head pointing up and with service box. (4) Install PVC, AWWA pipe according to ASTM F 645 and AWWA M23. (5) Bury piping with minimum depth of cover over top of pipe at least 48 inches and according to the following: (a) Install underground piping with restrained joints at horizontal and vertical changes in direction. (b) Use restrained -joint piping, thrust blocks, anchors, tie -rods and clamps, and other supports. 3.5 JOINT CONSTRUCTION A. See Section 02665 "Water Works Piping" for basic piping joint construction. B. Make pipe joints according to the following: (1) Ductile -Iron Piping, Gasketed Joints for Water -Service Piping: AWWA C600 and AWWA M41. (2) Ductile -Iron Piping, Gasketed Joints for Fire -Service -Main Piping: UL 194. (3) Ductile -Iron Piping, Grooved Joints: Cut -groove pipe. Assemble joints with grooved -end, ductile -iron -piping couplings, gaskets, lubricant, and bolts according to coupling manufacturer's written instructions. (4) PVC Piping Gasketed Joints: Use joining materials according to AWWA C900. Construct joints with elastomeric seals and lubricant according to ASTM D 2774 or ASTM D 3139 and pipe manufacturer's written instructions. (5) Install dielectric fittings in piping at connections of dissimilar metal piping and tubing. Water Line Change Out Phase 5 02510 - 78 July 2022 tv of *Lubbock 3.6 ANCHORAGE INSTALLATION A. Anchorage, General: Install water -distribution piping with restrained joints. Anchorages and restrained joint types that may be used include the following: (1) Concrete thrust blocks. (2) Locking mechanical joints. (3) Set -screw mechanical retainer glands. (4) Bolted flanged joints. (5) Heat -fused joints. (6) Pipe clamps and tie rods. B. Install anchorages for tees, plugs and caps, bends, crosses, valves, and hydrant branches. Include anchorages for the following piping systems: (1) Gasketed-Joint, Ductile -Iron, Water -Service Piping: According to AWWA C600. (2) Gasketed-Joint, PVC Water -Service Piping: According to AWWA M23. (3) Bonded -Joint Fiberglass, Water -Service Piping: According to AWWA M45. C. Apply full coat of asphalt or other acceptable corrosion -resistant material to surfaces of installed ferrous anchorage devices. 3.7 VALVE INSTALLATION A. AWWA Gate Valves: Comply with AWWA C600 and AWWA M44. B. AWWA Valves Other Than Gate Valves: Comply with AWWA C600 and AWWA M44. (1) Pressure -Reducing Valves: Install aboveground between shutoff valves. (2) Relief Valves: Comply with AWWA C512. Install aboveground with shutoff valve on inlet. 3.8 DETECTOR -CHECK VALVE INSTALLATION A. Install aboveground. B. Install for proper direction of flow. Install bypass with water meter, gate valves on each side of meter, and check valve downstream from meter. C. Support detector check valves, meters, shutoff valves, and piping on brick or concrete piers. 3.9 VACUUM BREAKER ASSEMBLY INSTALLATION A. Install pressure vacuum breaker assemblies of type, size, and capacity indicated. Include valves and test cocks. Install according to requirements of plumbing and health department and authorities having jurisdiction. B. Do not install pressure vacuum breaker assemblies in vault or other space subject to flooding. 3.10 BACKFLOW PREVENTER INSTALLATION A. Install backflow preventers of type, size, and capacity indicated. Include valves and test cocks. Install according to requirements of plumbing and health department and authorities having jurisdiction. B. Do not install backflow preventers that have relief drain in vault or in other spaces subject to flooding. C. Do not install bypass piping around backflow preventers. Water Line Change Out Phase 5 02510 - 79 July 2022 tv of *Lubbock D. Support larger backflow preventers, valves, and piping with masonry piers or manufacturer prescribed supports. 3.11 PROTECTIVE ENCLOSURE INSTALLATION A. Install concrete base level and with top approximately 2 inches above grade. B. Install protective enclosure over valves and equipment. C. Anchor protective enclosure to concrete base. 3.12 CONNECTIONS A. Connect water -distribution piping to existing water main as indicated on drawings. B. Ground equipment according to City standards. 3.13 FIELD QUALITY CONTROL A. Piping Tests: Conduct piping tests before joints are covered and after concrete thrust blocks have hardened sufficiently. Fill pipeline 24 hours before testing and apply test pressure to stabilize system. Use only potable water. B. Hydrostatic Tests: Test at not less than one -and -one-half times working pressure for two hours. C. Prepare reports of testing activities. 3.14 IDENTIFICATION A. Install continuous underground detectable warning tape during backfilling of trench for underground water -distribution piping. B. Locate below finished grade, directly over piping. Underground warning tapes are specified in Section 02300 "Earthwork." 3.15 CLEANING A. Clean and disinfect water -distribution piping as follows: (1) Purge new water -distribution piping systems and parts of existing systems that have been altered, extended, or repaired before use. (2) Use purging and disinfecting procedure prescribed by City of Lubbock Design Standards. (3) Flush piping system with clean, potable water until dirty water does not appear at points of outlet. (4) Use purging and disinfecting procedure prescribed by City of Lubbock Design Standards and AWWA C651 as follows: (a) Fill system or part of system with water/chlorine solution containing at least 50 ppm of chlorine; isolate and allow to stand for 24 hours. (b) Drain system or part of system of previous solution and refill with water/chlorine solution containing at least 200 ppm of chlorine; isolate and allow to stand for 3 hours. (c) After standing time, flush system with clean, potable water until no chlorine remains in water coming from system. (d) Submit water samples in sterile bottles to Engineer or City Representative in accordance with Section 01410 "Testing Laboratory Services." Repeat procedure if biological examination shows evidence of contamination. B. Reports: (1) Prepare reports of purging and disinfecting activities. Water Line Change Out Phase 5 02510 - 80 July 2022 tv of *Lubbock (2) If adjacent water lines are newly installed provide disinfection, testing and reports in conjunction with purification and pre -service work required for new water lines. END OF SECTION Water Line Change Out Phase 5 02510 - 81 July 2022 tv of *Lubbock SECTION 02611: STEEL CASING PIPE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Minimum requirements for manufacturing, furnishing and transporting Steel Casing Pipe to be installed by Open Cut or By Other than Open Cut at the locations shown on the Drawings. B. Related Specification Sections include, but are not necessarily limited to: 1. Division 1 — General Requirements 2. Section 02317 —Utility Trench Excavation, Embedment and Backfill 3. Section 02445 — Boring and Encasing 1.2 REFERENCES A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification unless a date is specifically cited. 2. ASTM International (ASTM): a. A139, Standard Specification for Electric -Fusion (Arc) - Welded Steel Pipe (NPS Sizes 4 and Over). 3. American Water Works Association (AWWA): a. C203, Coal -Tar Protective Coatings and Linings for Steel Water Pipelines - Enamel and Tape - Hot Applied. 1.3 SUBMITTALS A. Submittals shall be in accordance with Section 01300. B. All submittals shall be approved by the Engineer or the City prior to delivery. 1.4 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Product Data Exterior Coating a. Material data b. Field touch-up procedures 2. Interior Coating a. Material data b. Field touch-up procedures B. Shop Drawings 1. No shop drawings required for Auger Boring 2. For Tunneling, provide the following: a. Furnish details for Steel Casing Pipe outlining the following: 1) Grout/lubrication ports 2) Joint details Water Line Change Out Phase 5 02660 - 82 July 2022 tv of ",Lubbock 3) Other miscellaneous items for furnishing and fabricating pipe b. Submit calculations in a neat, legible format that is sealed by a Licensed Professional Engineer in Texas, consistent with the information provided in the geotechnical report, and includes: 1) Calculations confirming that pipe jacking capacity is adequate to resist the anticipated jacking loads for each crossing with a minimum factor of safety of 2 2) Calculations confirming that pipe capacity is adequate to safely support all other anticipated loads, including earth and groundwater pressures, surcharge loads, and handling loads 3) Calculations confirming that jointing method will support allloading conditions 1.5 DELIVERY, STORAGE, AND HANDLING A. Delivery, Handling, and Storage 1. Prior to delivery of the pipe, end/internal bracing shall be furnished and installed, as recommended by the manufacturer, for protection during shipping and storage. 2. Deliver, handle and store pipe in accordance with the Manufacturer's recommendations to protect coating systems. PART 2 - PRODUCTS 2.1 MATERIALS A. Design Criteria 1. The Contractor is fully responsible for the design of Steel Casing Pipe that meets or exceeds the design requirements of this Specification and that is specifically designed for installation by the intended trenchless method. 2. For Steel Casing Pipe utilized for tunneling projects, consider the following: a. Design of the casing pipe shall account for all installation and service loads including: 1) Jacking loads 2) External groundwater and earth loads 3) Traffic loads 4) Practical consideration for handling, shipping and other construction operations 5) Any other live or dead loads reasonably anticipated b. Design shall be sealed and signed by a registered Professional Engineer licensed in the State of Texas. c. The allowable jacking capacity shall not exceed 50 percent of the minimum steel yield stress. d. Steel Casing Pipe shall have a minimum wall thickness as follows: Water Line Change Out Phase 5 02660 - 83 July 2022 tv of ",Lubbock Casing Pipe Diameter (inches) Minimum Wall Thickness (inches) 36 0.56 Minimum 1. Steel Casing Pipe shall be provided with inside diameter sufficient to efficiently install the required carrier pipe with casing spacers as required in these specifications. 2. Furnish in lengths that are compatible with Contractor's shaft sizes and allowable work areas. 3. Random segments of pipe will not be permitted for straight runs of casing. a. Closing piece segments, however, shall be acceptable. 4. When required by installation method, provide grout/lubricant ports along the pipe at intervals of 10 feet or less. a. Ports and fittings shall be attached to the pipe in a manner that will not materially affect the strength of the pipe nor interfere with installation of carrier pipe. b. Plugs for sealing the fittings shall be provided by the Contractor and shall be capable of withstanding all external and internal pressures and loads without leaking. B. Materials 1. Provide new, smooth -wall, carbon steel pipe conforming to ASTM A 139, Grade B. 2. Dimensional Tolerances a. Furnishing and installing Steel Casing Pipe with dimensional tolerances thatare compatible with performance requirements and proposed installation methods that meet or exceed the specific requirements below: 1) Minimum wall thickness at any point shall be at least 87.5 percent of the nominal wall thickness. 2) Outside circumference within 1.0 percent or 3/4 inch of the nominal circumference, whichever is less. 3) Outside diameter of the pipe shall be within 1/8 inch of the nominal outside diameter. 4) Roundness such that the difference between the major and minor outside diameters shall not exceed 0.5 percent of the specified nominal outside diameter or 1/4 inch, whichever is less. 5) Maximum allowable straightness deviation of 1/8 inch in any 10-foot length. All steel pipe shall have square ends. a. The ends of pipe sections shall not vary by more than 1/8 inch at any point from a true plane perpendicular to the axis of the pipe and passing through the center of the pipe at the end. b. When pipe ends have to be beveled for welding, the ends shall be beveled on the outside to an angle of 35 degrees with a tolerance of ± 2'/2 degrees and with a width of root face 1/16 Water Line Change Out Phase 5 02660 - 84 July 2022 tv of *Lubbock inch f 1/32 inch. 4. Steel Casing Pipe shall be fabricated with longitudinal weld seams. a. All girth weld seams shall be ground flush. C. Finishes 1. Provide outside of Steel Casing Pipe with a Fusion Bonded Epoxy Coating (FBE) with an Abrasion Resistant Overcoating (ARO) or approved equivalent protective coating in accordance with the requirements of AWWA C203. END OF SECTION Water Line Change Out Phase 5 02660 - 85 July 2022 tv of *Lubbock SECTION 02665: WATER PIPING, VALVES, AND FITTINGS PART1 GENERAL 1.1 SUMMARY A. This section of the specifications covers all water piping, valves, and fittings required for the project. B. Section Includes: (1) Material Schedule (2) Submittals (3) References (4) Materials (5) Polyvinyl Chloride (PVC) Pipe (6) Ductile Iron Pipe (7) Concrete Cylinder Pipe (8) Pipe Fittings (9) Flexible Couplings and Flanged Coupling Adapters (10) Pipe Joints (11) Steel Casing (12) Valves (13) Fire Hydrants (14) Polyethylene Wrap (15) Joint Restraints (16) Concrete (17) General (18) Inspection (19) Responsibility for Materials (20) Handling Pipe and Accessories (21) Alignment and Grade (22) Manner of Handling Pipe and Accessories in Trench (23) Cleaning and Inspecting (24) Laying and Jointing PVC Pipe (25) Plugging Dead Ends (26) Fittings (27) Setting Valves, Valve Boxes, Fire Hydrants and Fittings (28) Thrust Restraint (29) Excavation, Trenching and Backfilling (30) Line Testing (31) Disinfection of Pipelines (32) Installation of Steel Pipe Casing and Pipe in Casing (33) Pipe Identifiers Water Line Change Out Phase 5 02920 - 86 July 2022 tv of Lubbock (34) Cleanup 1.2 MATERIAL SCHEDULE A. 6", 8", 10" and 12" lines shall be AWWA C 900, DR 18 PVC pipe. B. Ductile Iron Fittings (AWWA C 153) C. Tapping Sleeve (ductile iron or stainless steel) D. Gate Valves E. Valve Boxes F. Fire Hydrants (AWWA C 502) G. Mechanical Joint Restraints 1.3 SUBMITTALS A. Submit all manufacturers' data for all pipe and fittings including all pipe thickness class calculations, steel casing, and casing spacers. B. Submit affidavits of compliance with appropriate standards. C. Submit product warranties. D. Submit manufacturer's installation instructions. E. Submit manufacturer's loading, unloading, and storage requirements. F. Submit product information for pipe identification tape. G. Submit concrete mix design for concrete thrust blocking. 1.4 REFERENCES A. AWWA C 104 — Cement Mortar Lining for Ductile Iron Pipe and Fittings for Water. B. AWWA C 110 —Ductile Iron and Gray Iron Fittings, 3 inch through 48 inch, for Water. C. AWWA C I I I — Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. D. AWWA C 104 — Rubber Seated Butterfly Valves. E. AWWA 509 — Resilient Seated Gate Valves for Water Supply. F. AWWA C 900 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 inch through 12 inch, for water distribution. G. AWWA C 905 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 inch through 48 inch, for water transmission and distribution. H. AWWA C 301 — Prestressed Concrete Pressure Pipe, Steel Cylinder Type, for Water and other Liquids. L AWWA C 303 — Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type J. ANSI/AWWA C-200 Standard for Steel Water Pipe 6 Inches and Larger K. ANSI/AWWA C-205 Standard for Cement -Mortar Protective Lining and Coating for Steel Water Pipe - 4 in. and Larger -Shop Applied L. ANSI/AWWA C-206 Standard for Field Welding of Steel Water Pipe M. ANSI/AWWA C-207 Standard for Steel Pipe Flanges for Water Works Service, 4" - 144" N. ANSI/AWWA C-208 Standard for Dimensions for Fabricated Steel Water Pipe Fittings O. ANSI/AWWA C-209 Standard for Cold -Applied Tape Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines Water Line Change Out Phase 5 02920 - 87 July 2022 tv of *Lubbock P. ANSI/AWWA C-210 Standard for Liquid -Epoxy Coating Systems for the Interior and Exterior of Steel Water Pipelines Q. ANSI/AWWA C-214 Standard for Tape Coating Systems for the Exterior of Steel Water Pipelines R. ANSI/AWWA C-216 Standard for Heat -Shrinkable Cross -Linked Polyolefin Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines S. ANSI/AWWA C-218 Standard for Coating the Exterior of Aboveground Steel Water Pipelines and Fittings T. ANSI/AWWA C-219 Standard for Bolted Sleeve -Type Couplings for Plain -End Pipe U. ANSI/AWWA C-222 Standard for Polyurethane Coatings for the Interior and Exterior of Steel Water Pipelines and Fittings V. AWWA M-I I Steel Pipe - A guide for Design and Installation W. ASTM A 106 Standard Specification for Seamless Carbon Steel Pipe for High -Temperature Service. X. ASTM A 53 Standard Specification for Pipe, Steel, Black and Hot -Dipped, Zinc Coated Welded and Seamless Y. ASTM E 165 Method for Liquid Penetrant Examination Z. ASTM E 709 Guide for Magnetic Particle Examination AA. ASME Section V Nondestructive Testing Examination BB.ASME Section IX Welding and Brazing Qualification. CC.AWS B2.1 Standard for Welding Procedure and Welding Qualifications. PART 2 PRODUCTS 2.1 MATERIALS A. All pipe, fittings, and valves shall be new and of the best quality in material and workmanship. B. All pipe, fittings, and valves shall conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61. C. In areas where natural gas lines exist, and are cathodically protected by means of impressed current, only electrically non-conductive pipe shall be allowed. 2.2 POLYVINYL CHLORIDE (PVC) PIPE A. PVC pipe 12 inches and smaller shall be AWWA C-900, DR-18. B. PVC pipe 14 inches and larger shall be AWWA C-905, DR-21. The outside diameter of the PVC pipe shall be cast iron equivalent. C. PVC pipe shall be formed with an integral bell and shall be joined using a gasketed bell and spigot joint. Spigot ends shall be beveled and reference marked to facilitate joining and insure proper seating depth. Gaskets shall conform to ASTM F 477. The nominal joint length shall be twenty (20) feet. D. AWWA C-900 and C-905 pipe shall be marked as prescribed by AWWA standards including nominal size, dimension, ratio, AWWA pressure class, manufacturer's name and code, and seal of testing agency that verified the suitability of the pipe material for potable water. Water Line Change Out Phase 5 02920 - 88 July 2022 tv of Lubbock TEXAS E. Pipe shall meet all additional test requirements as described in AWWA C-900 or C-905, as applicable. F. All PVC pipe shall be approved by the National Sanitation Foundation (NSF) for use in the transportation of potable water and shall bear the NSF seal of approval. 2.3 DUCTILE IRON PIPE A. Ductile Iron pipe 12" shall be Class 200. B. Ductile iron pipe to be furnished shall conform to the following standard specifications or latest revisions: (1) ANSI/AWWA C150/A21.50-81 (2) ANSI/AWWA C104/A21.4-80 (3) ANSI/AWWA C151/A21.4-80 C. All ductile iron pipe shall be cement lined in accordance with AWWA C104-80 (ANSI A21.4) specifications. The external surface shall be coated with an asphalt base paint. D. All joint for ductile iron pipe shall be of the rubber gasket bell and spigot type, except where connecting flanged fittings, and shall otherwise conform to the base specifications to which the pipe is manufactured. E. The joint shall be latest approved type of rubber gasket joint for ductile iron pipe. F. All joints of ductile iron pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified by AWWA C11-72 (ANSI A21.11) or its latest revision. 2.4 CONCRETE CYLINDER PIPE A. Prestressed Concrete Embedded Cylinder pipe shall be manufactured in accordance with the latest revision of AWWA C-301. B. Pretensioned Concrete Cylinder Pipe (PCCP) shall be manufactured in accordance with the latest revision of AWWAS C303-78 C. Concrete Cylinder Pipe shall withstand a minimum pressure of 150 p.s.i. longitudinally and helically. D. The joints of the pretensioned concrete cylinder pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified in AWWA C303-78. E. A Portland cement mortar shall be used to fill the annular space both inside and outside of joints in the pretensioned concrete cylinder pipe. (1) Portland cement used in the mortar shall conform to "Standard Specifications and Test for Portland Cement" A.S.T.M. serial designations C150 and C77. (2) Sand for the mortar shall conform to A.S.T.M. designation C-33-52T for fine aggregate. (3) The exterior joints on pretensioned concrete cylinder pipe shall be poured with a heavy duty diaper. (a) The width of the diaper shall be nine inches. (b) The band shall be provided with 3/8 inch x 0.20 steel straps on each side. 2.5 PIPE FITTINGS A. General: Pipe fittings shall be of a type and design especially suitable for use with the type of piping with which they are installed. Pressure rating of fittings shall not be less than that of the pipe. Water Line Change Out Phase 5 02920 - 89 July 2022 �Lubb�of ocTEXAS B. All ductile iron fittings shall have an external bituminous coating and shall be cement lined in accordance with AWWA C 104. C. Fittings shall be ductile iron and shall be mechanical joint or push -on joint unless otherwise specified or shown on the Drawings. D. Ductile Iron Fittings — Ductile iron fittings shall conform to AWWA C 153 110. Fittings shall be mechanical joint or push -on joint unless otherwise specified or shown on the Drawings. E. All fittings shall have a pressure rating equal to that of the pipe with which they are used but in no case less than 150 psi. F. Unless otherwise indicated, all ductile iron fittings shall have an external bituminous coating and shall be cement -lined in accordance with the specifications for coating and lining the pipe. G. All ductile iron fittings shall be cast from the same quality of metal used in casting ductile iron pipe and shall be subjected to the same test requirements. Marking and weighing shall be as required for ductile iron pipe. H. Where flanged fittings are used, the flanges shall be of the same material as the fitting. Where bell or mechanical joint fittings are used, the bells shall be cast integrally with the fitting. Screwed -on bells will not be acceptable. 2.6 FLEXIBLE COUPLINGS AND FLANGED COUPLING ADAPTERS A. Flanged coupling adapters and flexible couplings shall be provided at the locations shown on the Drawings and at other locations required for installation of the piping system. B. Flanged coupling adapters will be provided with anchoring studs to provide thrust restraint. Epoxy coated sheet construction shall be used for all couplings. All bolts, nuts, and washers shall be stainless steel. 2.7 PIPE JOINTS A. Push -on Joints — Push -on joints shall be as specified in AWWA Standard C 111. B. Mechanical Joints —Mechanical joints shall be as specified in AWWA Standard C111. 2.8 STEEL CASING A. Steel casing shall be new welded steel pipe with minimum yield strength of 35,000 psi meeting ASTM A36. The exterior of the casing pipe shall have a bituminous coating. B. Casing wall thickness for installation shall be in accordance with the City of Lubbock Design Standards and Specifications. C. Casing spacers shall be used to install carrier pipe inside the encasement pipe and to provide support around the periphery of the pipe should the pipe twist as it is pushed through the casing. D. The spacers shall be of a projection type that has a minimum number of projections around the circumference totaling the number of diameter inches. For example, eight (8) inch pipe shall have a minimum of eight (8) projections and eighteen (18) inch pipe shall have a minimum of eighteen (18) projections. E. Casing spacers shall use double backed tape, provided with the spacers, to fasten tightly onto the carrier pipe so that the spacers do not move during installation. Installation instructions shall be provided with each shipment. Water Line Change Out Phase 5 02920 - 90 July 2022 tv of *Lubbock F. Casing spacers shall have a span of ten (10) feet to six (6) feet dependent on the total load anticipated with the pipe full of liquid. The maximum load shall not exceed the load limits per spacer listed in the brochure. G. These values in the brochure include conservative safety factors for class spacer used. Spacers shall have minimum height that clears the pipe bell or as otherwise indicated on plans. H. Casing spacers shall be projection type totally non-metallic spacers constructed of preformed sections of high -density polyethylene. Spacers shall be ISO 9002 certified for strength and quality. L Manufacturer: Projection type spacers shall be Raci type spacers, or equal approved by the Engineer, along with wrap around end seal made of 1/8" think rubber with stainless steel bands. 2.9 VALVES A. Valves that are twelve (12) inches and smaller shall be gate valves unless otherwise noted on the plans or specified herein. All valves shall be designed for a working pressure of at least 150 psi unless otherwise noted. B. Gate Valves: (1) All gate valves shall be resilient seat or double disk parallel seat, iron body; bronze mounted throughout and shall meet all requirements of AWWA C 509. (2) The valves shall be of the type of joint used in the piping. (3) All valves shall open by turning to the left, and unless otherwise specified, shall have non -rising stem when buried and outside screw and yoke when exposed, and be furnished with a two (2) inch operating nut when valves are buried and shall be furnished with hand wheels when exposed. (4) Gate valves shall be furnished with O-ring stem packing. (5) All gate valves shall be designed to withstand a working pressure of 200 psi unless otherwise noted. (6) Gate valves shall be meet the City of Lubbock Design Standards and Specifications. (7) All ductile iron shall conform to A536 Grade 65-45-12. Castings shall be clean and sound without defects that will impair their service. No plugging or welding of such defects will be allowed. (8) Bolts shall be electro-zinc plated steel with hex heads and hex nuts in accordance with ASTM 307 and A563, respectively. (9) All parts for valves furnished must be standard and completely interchangeable with valves of the same brand. Successful bidder to furnish to the Owner, upon request, a letter stating the type of valves to be installed and a letter from the manufacturer stating that the parts are standard and interchangeable. C. Valve Boxes and Extension Stems: (1) Extension stems shall be furnished on buried valves where the top of the operating nut is more than ninety (60) inches below finished grade. Top of the extension stem shall not be more than thirty-six (36) inches below the top of the valve box. (2) Buried valves shall be provided with cast iron valve boxes. Water Line Change Out Phase 5 02920 - 91 July 2022 tv of *Lubbock (3) The boxes shall be designed to fit over a section of six (6) inch C 900 PVC riser pipe, which will be used, as an extension from the top of the valve to within six (6) inches of the ground surface. (4) The box shall have a heavy cast iron cover marked "Water". (5) The box shall have a flange type base, with the base being approximately four (4) inches larger in diameter than the outside diameter of the barrel of the box. (6) The necessary length of the six (6) inch C 900 PVC riser pipe required for the extension shall be considered as a part of the box. (7) Valve boxes shall be East Jordan Iron Works No. 8453, or approved equal. D. FIRE HYDRANTS (1) Hydrants shall meet the City of Lubbock Design Standards and Specifications (2) Hydrants shall meet AWWA C-502 (3) Hydrants shall have an iron body, bronze mounted throughout and be designed for working pressure of 150 psi. (4) Hydrants shall be traffic model type with a 5-1/4-inch valve opening, two (2) 2-1/2-inch hose nozzles, and one (1) 4-inch steamer nozzle. (5) The hydrant shall be for a 6-inch main. 2.10 POLYETHYLENE WRAP A. All buried valves and fittings shall be thoroughly wrapped prior to installation with a polyethylene material meeting the requirements of ASTM D 1248. B. The polyethylene material shall have a minimum thickness of eight (8) mils. C. The wrap shall be secured by two (2) inch duct tape. 2.11 JOINT RESTRAINTS A. Uniflange series 1500 joint restraint for PVC pipelines or approved equal. B. Must meet all pressure testing requirements of ASTM F-1674. C. Materials must meet requirements of ASTM A-536. D. Install per manufacturer's recommendations. 2.12 CONCRETE A. Concrete may be used for blocking the pipe and fittings and shall conform to the concrete specifications, as set forth in the Section 03300 Cast -in -Place Concrete, except a minimum compressive strength of 2,800 psi will be acceptable. PART 3 EXECUTION 3.1 GENERAL A. All pipe and accessories shall be unloaded, handled, laid, jointed, tested for defects and for leakage, and disinfected in the manner herein specified. 3.2 INSPECTION Water Line Change Out Phase 5 02920 - 92 July 2022 tv of *Lubbock A. The pipe, fittings, and accessories shall be inspected upon delivery and during the progress of the Work and any material found to be defective will be rejected by the Engineer, and the Contractor shall remove such defective material from the site of the Work. 3.3 RESPONSIBILITY FOR MATERIALS A. The Contractor shall be responsible for all material furmshed and shall replace, at the Contractor's expense, all such material that is found to be defective in manufacture or has become damaged in handling after delivery. 3.4 HANDLING PIPE AND ACCESSORIES A. All pipe, fittings, and other accessories shall, unless otherwise directed, be unloaded at the point of delivery, hauled to and distributed at the site of the Work by the Contractor. B. In loading and unloading, they shall be lifted by hoists or slid, or rolled on skidways in such a manner as to avoid shock or damage to the materials. Under no circumstances shall they be dropped. Pipe handled on skyways must not be skidded or rolled against pipe already on the ground. C. The pipe, fittings, and accessories shall be placed along the site in such a manner as to be kept as free as possible from dirt, sand, mud, and other foreign matter. 3.5 ALIGNMENT AND GRADE A. All pipe shall be laid and maintained to the lines and grades shown on the plans or as established on the ground by the Engineer. B. The Contractor shall verify horizontal and vertical locations of items critical to the alignment and grade of the proposed water line. C. Confirm compliance with the Drawings and Specifications. D. Wherever it is necessary to deflect pipe from a straight line either in a vertical or horizontal plane to avoid obstructions, to plumb valves, or where vertical or horizontal curves are shown or permitted, the degree of deflection at each joint shall not exceed the maximum deflection noted on the Drawings. 3.6 MANNER OF HANDLING PIPE AND ACCESSORIES IN TRENCH A. After the trench grade has been completed, all bell holes dug and the grade inspected, the pipes and accessories may be placed in the trench. B. All pipe and fittings shall be carefully lowered into the trench piece by piece by means of derricks, ropes, or other suitable tools or equipment, in such a manner so as to prevent damage to the material in any way. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. 3.7 CLEANING AND INSPECTING A. Before lowering into the trench, the pipe shall be again inspected for defects and the pipe, while suspended, shall be lightly hammered to detect cracks. Any defective, damaged, or unsound pipe and materials shall be rejected. B. All foreign matter or dirt shall be removed from the inside of the pipe and from all bells, spigots, or parts of the pipe used in forming the joint, before the pipe is lowered into the trench, and it shall be kept clean by approved means during and after laying. C. At a time when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and no trench water shall be allowed to enter the pipe. Water Line Change Out Phase 5 02920 - 93 July 2022 tv of *Lubbock 3.8 LAYING AND JOINTING PVC PIPE A. General: Unless otherwise directed, pipe shall be laid with bells facing in direction of laying; and for lines on appreciable slopes, bells shall, at the discretion of the Engineer, face up grade. B. Cutting of pipe for inserting fittings or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or the cement lining. C. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench overnight. At times when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and not trench water shall be permitted to enter the pipe. D. No pipe shall be laid in water, or when the trench conditions or weather are unsuitable for such work, except by permission of the Engineer. E. Before laying the pipes, all lumps, blisters, and excess coating shall be removed from the bell and spigot ends of each pipe; the outside of the spigot and the inside of the bell shall be wire brushed and wiped clean and dry. Pipe ends shall be kept clean until joints are made. F. Defective joints shall be repaired as directed by the Engineer. G. Mechanical Joint Piping: (1) The last eight (8) inches outside of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned to remove oil, grit, excess coating, and other foreign matter from the joint, and then painted with lubricant recommended by the pipe manufacturer. (2) The cast iron gland shall then be slipped on the spigot end of the pipe with the lip extension of the gland toward the socket or bell end. (3) The rubber gasket shall be painted with lubricant recommended by the pipe manufacturer and placed on the spigot end with the thick edge toward the gland. (4) The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. (5) The gasket shall then be pressed into place within the bell; care shall be taken to locate the gasket evenly around the entire joint. (6) The gland shall be moved along the pipe into position for bolting, all of the bolts inserted, and the nuts screwed up tightly with the fingers. (7) All nuts shall be tightened with a suitable torque limiting wrench. (8) Nuts spaced 180 degrees apart shall be tightened alternately in order to produce an equal pressure on all parts of the gland. H. If water gets in the trench before the joint is completed, or if the pipe is disturbed from line and grade after being laid, the pipe shall be taken up, the joints cleaned and the pipe re-laid. I. Immediately after completion of the jointing, sufficient bedding and backfill material shall be placed around and over the pipe to hold the pipe to line and grade. J. Pre -molded joints shall be made in accordance with the recommendations of the manufacturer of the pipe. K. The surfaces of the jointing material on both the bell and spigot at each joint shall be wiped with the solvent recommended by the pipe manufacturer. L. The spigot shall then be firmly forced into the bell using a bar or other similar lever and a block of wood to prevent damage to the pipe. 3.9 PLUGGING DEAD ENDS Water Line Change Out Phase 5 02920 - 94 July 2022 tv of *Lubbock A. Standard plugs shall be inserted into the bells of all dead ends and pipes, tees, or crosses and spigot ends shall be capped. B. Plugs or caps shall be jointed to the pipe or fittings in the same manner used in jointing the pipe. C. All plugs and caps shall have horizontal thrust blocks. 3.10 FITTINGS A. Fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. Concrete blocking shall be provided for all buried fittings. 3.11 SETTING VALVES, VALVE BOXES, FIRE HYDRANTS AND FITTINGS A. Valves and fittings shall be set at the locations shown on the Drawings and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. B. All valves shall be hub end as required and all valves buried in the ground shall have a cast iron or precast concrete valve box set over the valve. C. All valves shall be set vertical, unless otherwise specified, and shall be thoroughly checked for operation prior to installation. D. After pressure has been applied to the line, stuffing boxes shall be checked for operation prior to installation. E. After pressure has been applied to the line, stuffing boxes shall be checked and tightened if necessary. F. Valve Boxes: (1) Valve boxes shall be firmly supported and maintained centered and plumb over the wrench nut of the valve, with the box cover flush with the surface of the ground or at such a level as directed by the Engineer. (2) All valve boxes under pavement shall be adjusted to finished pavement grades. G. Fire Hydrants: (1) Fire hydrants shall be located at the points shown on the Drawings. (2) All fire hydrants shall be set plumb, to the grade established on the Drawing, and with the steamer nozzle at right angles to the street. (3) Hydrants shall be supported in such a manner as not to cause a strain on the fire hydrant lead or branch. (4) The bowl of the hydrant shall be well braced against unexcavated earth at the end of the trench with concrete blocking. (5) The concrete blocking shall be placed so as not to interfere with the hydrant drains and so that the joints of the flanges are accessible. (6) Blocking of gate valves on fire hydrants leads shall be with concrete as shown on the Drawings. (7) The hydrants shall be thoroughly cleaned of dirt or foreign matter and checked for operation prior to installation. Drain holes shall not be blocked or sealed. (8) Fire hydrants shall be installed and maintained so that the center of the lowest water outlet shall be eighteen (18) inches from the ground. Water Line Change Out Phase 5 02920 - 95 July 2022 tv of *Lubbock (9) Fire hydrants shall be installed with the four (4) inch nozzle facing the required access way. 3.12 THRUST RESTRAINT A. All fittings, valves and fire hydrants, unless otherwise specified, shall be provided with suitably restrained joints per the manufacturer's recommendation. B. Restrained push -on or mechanical joints, mechanical joint anchoring fittings, and mechanical joints utilizing setscrew ductile iron retainer glands shall be used in lieu of concrete thrust blocking. Thrust blocking will be allowed only under special circumstances as approved by the Engineer. 3.13 EXCAVATION, TRENCHING AND BACKFILLING. A. Backfill and compaction shall be performed in accordance of COL Ordinance 2007-00122. B. Backfill around pipe with specified granular bedding material that is free of large rocks, topsoil, debris or other unacceptable material. C. The Backfill around the pipe shall be shovel sliced around the haunch of the pipe and mechanically compacted or hand tamped to a point 12 inches above the top of the pipe. D. Backfill from 12 inches above the pipe to the finished grade will be as follows: (1) For unpaved areas: (a) Use excavated material that is free of large rocks, debris or other material determined unsuitable by the Owner's Representative. Backfill shall be placed in maximum six (6) inch lifts and compacted to 95% Standard Proctor Density at +/- 2% optimum moisture content. (b) Each lift shall be tested at a maximum of 500 feet intervals according to ASTM designation D-698. (c) These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidder's expense. (d) Copies of these tests shall be provided to the Owners Representative. (2) For paved areas: (a) Place Cement Stabilized Backfill (CSB) meeting City of Lubbock Standards under the bottom of the pavement in a minimum thickness of 12". (b) The Backfill from 12-inches above the top of pipe to the CSB shall be in placed in maximum 6 inch lifts and compacted to 95% Standard Proctor Density. (c) Each lift shall be tested at a maximum of 500 feet intervals according to ASTM designation D-698. (d) These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidder's expense. (e) Copies of these tests shall be provided to the Owners Representative. (3) The City of Lubbock will perform random spot testing at no expense to the contractor. 3.14 LINE TESTING A. After the pipe is laid and the joints completed, each section or run of piping, shall be tested as specified herein. The Contractor shall bear all costs of providing all equipment, materials, labor, and other incidentals required to test pipe lines as specified herein. Water Line Change Out Phase 5 02920 - 96 July 2022 tv of ",Lubbock B. The Contractor shall provide suitable means for filling the lines and developing the required pressure in the lines. C. Testing procedure shall be as follows: (1) Duration — The duration of the hydrostatic test shall be a minimum of four (4) hours. (2) Pressure — The pipeline shall be tested so that the pressure at the lowest point in the test section is at least 100 percent, but not greater than 120 percent of the pressure class of the pipe, and the minimum pressure at the highest point in the test section is not less than 85 percent of the pressure class of the pipe. D. Allowable Leakage —The maximum allowable leakage for push -on joints is the number of gallons per hour as determined by the following formula(s): E. PVC: Ductile Iron: (1) L = ND(P) 1�2 L = SD(P) 1�2 (2) 7,400 133,200 (3) where: (a) L = allowable leakage in gallons per hour (b) N = number of joints in length of pipe tested (c) S = length of pipe (d) D = nominal diameter of the pipe in inches (e) P = average of the maximum and minimum pressures within the test section in psi F. Any leakage which becomes evident prior to final acceptance of the project shall be found and repaired to the satisfaction of the Engineer even though the particular line has been previously accepted and tested. 3.15 DISINFECTION OF PIPE LINES A. The Contractor shall furnish all labor, equipment, and materials necessary for the disinfection of all pipe lines, which shall be disinfected before being placed in service. B. The lines shall be disinfected by the application of a chlorinating agent in accordance with the requirements of AWWA C 651, include the placement of hypochlorite granules in the pipe during construction. C. The Contractor shall notify the Engineer 48 hours in advance of disinfection so that the Engineer or Owner's Representative may witness the disinfection activities. D. Quality Assurance: (1) Bacteriological sampling and test will be performed in accordance with the latest requirements of Standard Methods for the Examination of Water and Wastewater. (2) The City of Lubbock laboratory will be used for bacteriological testing. E. Chemicals: (1) Acceptable disinfectants are liquid and solid forms of hypochlorites. Chlorine gas is not acceptable. (2) Acceptable chemicals for neutralizing chlorinated water are liquid and solid forms of sodium bisulfate, sodium sulfite, and sodium thiosulfate. (3) The water being used to fill the line shall be controlled to flow into the section to be sterilized very slowly, and the rate of application of the chlorinating agent shall be proportioned at least fifty (50) parts per million in the water entering the pipe. F. Temporary Facilities: Water Line Change Out Phase 5 02920 - 97 July 2022 tv of *Lubbock (1) Provide temporary taps or blowoffs as required. As a minimum, use a two (2) inch diameter steel pipe and fittings with isolation valves and sampling taps. (2) Water used for the initial flushing as well as the final chlorination shall be introduced into the pipeline through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. (3) No connection to the existing distribution system is allowed until the pipeline has passed all bacteriological testing. G. Final Flushing: (1) Flush the water system of the highly chlorinated water within twenty-four (24) hours of initial chlorination. (2) Flush water in a location and manner approved by the Engineer. (3) Neutralize the highly chlorinated water to a maximum free chlorine residual of 1.0 mg/L. H. Sampling and Analysis: (1) Collect bacteriological samples at intervals no more than 1000 feet and one (1) sample from each end of the pipeline in the presence of the Engineer or Owner's representative. (2) The Owner's representative or the Engineer shall deliver the samples to the City of Lubbock Health Department or the City of Lubbock Water Treatment Laboratory for analysis. (3) Collect samples after the initial disinfection and after the facilities have been filled with chlorinated water and a free chlorine residual of at least 0.5 mg/L has been detected. I. Acceptance: (1) Facilities will be considered properly disinfected when two (2) consecutive sets of acceptable bacteriological samples, taken at least twenty-four (24) hours apart, have indicated the absence of coliform organisms. J. After acceptance by the Engineer, remove all temporary facilities and properly plug test taps. The pipeline may then be connected to the City of Lubbock water distribution system. 3.16 INSTALLATION OF STEEL PIPE CASING AND PIPE IN CASING A. Installation of the casing pipe sleeves shall be accomplished by boring as specified herein. B. Equipment used shall be such size and capacity as to allow the placement of the casing to proceed in a safe and expeditious manner. Installation of the casing and the excavation and removal of the materials within the casing shall proceed simultaneously. C. The boring shall proceed from a pit provided for the boring equipment and workers. D. Excavation and location of the pit shall be approved by the Engineer and County as appropriate. E. Boring without the concurrent installation of the casing pipe will not be permitted. F. The use of water or other fluids in connection with the boring operation will be permitted only to the extent of lubricating cuttings. G. Jetting will not be permitted. H. Overcutting in excess of one (1) inch shall be remedied by concrete pressure grouting the entire length of the installation. L All casing pipe joints shall be welded. J. Care shall be taken to keep the pipe sleeve on the proper line and grade. Water Line Change Out Phase 5 02920 - 98 July 2022 tv of *Lubbock K. After the casing pipe has been jacked and bored and is accepted by the Engineer, the pipe shall be shoved through the casing. L. The pipe shall be pushed or pulled through the casing by exerting pressure on the barrel of the pipe and not on the bell, and shall be done in such a manner that the joint is always in compression during the shoving operation. 3.17 PIPE IDENTIFIERS A. Marking Tape: (1) All pipes installed in an open trench will be identified with the appropriate color and description of three (3) inch wide pipe identification tape. (2) Install the tape parallel to the pipe it identifies at a distance above the pipe of twelve (12) to eighteen (18) inches. (3) Above non-metallic (PVC) pipe material, install a tape detectable with a metal detector from the top of finished grade. (4) Install detectable tape as deep as it can be detected but no closer to the non-metallic pipe than twelve (12) inches. B. Locator Wire: (1) On non-metallic (PVC) pipe material, install twelve (12) gauge minimum solid copper with 30 mil HDPE thermoplastic insulation directly above piping. 3.18 CLEANUP A. The backfill shall be rounded up over the trench sufficiently to allow for future settlement and any excess dirt shall be removed from the site. B. The Contractor shall maintain the trench surfaces in a satisfactory manner until final completion and acceptance of the Work. C. The maintenance shall include blading from time to time as necessary, filling depressions caused by settlement, and other work required to keep areas in a presentable condition. END OF SECTION Water Line Change Out Phase 5 02920 - 99 July 2022 tv of *Lubbock SECTION 03300: CAST -IN -PLACE CONCRETE PART1 GENERAL 1.1 SUMMARY A. This Section includes, but is not limited to cast -in -place concrete, including formwork, reinforcing, mix design, placement procedures, curing, and finishes. B. Section Includes: (1) Definitions (2) Submittals (3) Quality Assurance (4) Deliver, Storage and Handling (5) Form -Facing Materials (6) Steel Reinforcement (7) Reinforcement Accessories (8) Concrete Materials (9) Admixtures (10) Curing Materials (11) Repair Materials (12) Concrete Mixes (13) Fabricating Reinforcement (14) Concrete Mixing (15) Formwork (16) Embedded Items (17) Removing and Reusing Forms (18) Shores and Reshores (19) Steel Reinforcement (20) Joints (21) Concrete Placement (22) Miscellaneous Concrete Items (23) Concrete Protecting and Curing (24) Field Quality Control 1.2 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash or other pozzolans, ground granulated blast -furnace slag, and silica fume. 1.3 SUBMITTALS A. Product Data: For each type of manufactured material and product indicated. B. Design Mixes: For each concrete mix, include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. Water Line Change Out Phase 5 03300 - 100 July 2022 tv of *Lubbock C. Indicate amounts of mix water withheld for later addition at Project site. Water added at project site will not be permissible without paperwork showing how much water has been withheld. 1.4 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed concrete work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. C. Manufacturer must be certified according to the National Ready Mixed Concrete Association's Certification of Ready Mixed Concrete Production Facilities. D. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. E. ACI Publications: Comply with the following, unless more stringent provisions are indicated: (1) ACI 301 — Specification for Structural Concrete (2) ACI 117 —Specifications for Tolerances for Concrete Construction and Materials. 1.5 DELIVERY, STORAGE AND HANDLING A. Deliver, store, and handle steel reinforcement to prevent bending and damage. B. Avoid damaging coatings on steel reinforcement. PART 2 PRODUCTS 2.1 FORM -FACING MATERIALS A. Smooth -Formed Finished Concrete: Form -facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable size to minimize number of joints. B. Plywood, metal, or other approved panel material. C. Rough -Formed Finished Concrete: Plywood, lumber, metal, earth, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit. D. Chamfer Strips: Wood, metal, PVC, or rubber strips, 3/4 by 3/4 inch, minimum.\ E. Form -Release Agent: Commercially formulated form -release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. F. Formulate form -release agent with rust inhibitor for steel form -facing materials. G. Form -Ties: Factory -fabricated, removable or snap -off metal or glass -fiber -reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. H. Furnish units that will leave no corrodible metal closer than one (1) inch to the place of the exposed concrete surface. L Furnish ties that, when removed, will leave holes less than one (1) inch in diameter in concrete surface. Water Line Change Out Phase 5 03300 - 101 July 2022 tv of *Lubbock J. Furnish ties with integral water -barrier plates to walls indicated to receive damp proofing or waterproofing. 2.2 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615, Grade 60, deformed 2.3 REINFORCEMENT ACCESSORIES A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. B. Manufacture bar supports according to CRSI's Manual of Standard Practice from steel wire, plastic, and as follows: (1) For concrete surfaces exposed to view, where legs of wire bar supports contact forms, use CRSI Class 1 plastic -protected or CRSI Class 2 stainless -steel bar supports. (2) For slabs -on -grade, use supports with sand plates or horizontal runners where base material will not support chair legs. (3) Wood, concrete, or clay blocks are not permissible. C. Joint Dowel Bars: Plain -steel bars, ASTM A 615, Grade 60. Cut bars true to length with ends square and free of burrs. 2.4 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I. B. Fly Ash: ASTM C 618, Class C. C. Normal -Weight Aggregate: ASTM C 33, uniformly graded, and as follows: D. Class: Moderate weathering region, but not less than 3M. E. Water: Potable and complying with ASTM C 94. 2.5 ADMIXTURES A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water- soluble chloride ions by mass of cementitious material and to be compatible with other admixtures and cementitious materials. Do not use admixtures containing calcium chloride. B. Air -Entraining Admixture: ASTM C 260. C. Water -Reducing Admixture: ASTM C 494, Type A. D. High -Range, Water -Reducing Admixture: ASTM C 494, Type F. E. Water -Reducing and Accelerating Admixture: ASTM C 494, Type E. F. Water -Reducing and Retarding Admixture: ASTM C 494, Type D. G. Moisture Retaining Film: Dayton Superior — Sure Film J-74. 2.6 CURING MATERIALS A. Clear, Waterborne, Membrane -Forming Curing Compound: ASTM C 309, Type 1, Class B. B. Curing blankets approved by the Engineer. 2.7 REPAIR MATERIALS A. Repair Underlayment: Cement -based, polymer -modified, self -leveling product that can be applied in thicknesses from 1/8 inch and that can be feathered at the edges to match adjacent elevations. Water Line Change Out Phase 5 03300 - 102 July 2022 tv of *Lubbock B. Cement Binder: ASTM C 150, Portland Cement or hydraulic or blended hydraulic cement as defined in ASTM C 219. C. Primer: Product of underlayment manufacturer recommended for substrate, conditions, and application. D. Aggregate: Well -graded, washed gravel, 1/8 to 1/4 inch, or coarse sand as recommended by underlayment manufacturer. E. Compressive Strength: Not less than 4100 psi at 28 days when tested according to ASTM C 109. 2.8 CONCRETE MIXES A. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field data bases, as follows: (1) Proportion normal -weight concrete according to ACI 211.1 and ACI 301. (2) Standard design mix to be used unless noted otherwise, provide normal weight concrete with the following properties: (3) Compressive Strength (28 days): 3000 psi (4) Type I cement (5) Fly Ash: Allow up to 25% of cementitious material (6) Minimum Slump: 4 inches (7) Maximum Slump: 6 inches (8) Maximum Slump for Concrete Containing High -Range Water -Reducing Admixture: 8 inches after admixture is added to concrete with 2 to 4 inch slump. (9) Maximum Water/Cementitious Materials Ratio: 0.55 (10) Add air -entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of five (5) to seven (7) percent, unless otherwise indicated. B. Cementitious Materials: (1) For concrete exposed to deicers, limit percentage, by weight, of cementitious materials other than Portland cement according to ACI 301 requirements. (2) Limit percentage, by weight, of cementitious materials other than Portland cement in concrete as follows: (a) Fly Ash: 20 percent (b) Do not air entrain concrete to trowel -finished interior floors and suspended slabs. Do not allow entrapped air content to exceed 3 percent. (c) Admixtures with chloride ions are prohibited. C. Admixtures: (1) Use admixtures according to manufacturer's written instructions. (2) Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in concrete, as required, for placement and workability. (3) Use water -reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions. Water Line Change Out Phase 5 03300 - 103 July 2022 tv of ',Lubbock (4) Use water -reducing admixture in pumped concrete, concrete for heavy -use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a water/cementitious materials ratio below 0.50. 2.9 FABRICATING REINFORCEMENT A. Fabricate steel reinforcement according to CRSI's Manual of Standard Practice. 2.10 CONCRETE MIXING A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94, and as specified. B. When air temperature is between 85 degrees Fahrenheit and 90 degrees Fahrenheit, reduce mixing and delivery time from ninety (90) minutes to seventy-five (75) minutes, and when air temperature is above 90 degree Fahrenheit, reduce mixing and delivery time to sixty (60) minutes. PART 3 EXECUTION 3.1 FORMWORK A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until concrete structure can support such loads. B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. C. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual, as follows: (1) Class B, 1/4 inch (2) Construct forms tight enough to prevent loss of concrete mortar. (3) Fabricate forms for easy removal without hammering or prying against concrete surfaces. (4) Provide crush or wrecking plates where stripping may damage cast concrete surfaces. (5) Provide top forms for included surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts form forming keyways, reglets, recesses, and the like, for easy removal. (6) Do not use rust -stained steel form -facing material. (7) Set edge of forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. (8) Provide and secure units to support screed strips, use strike -off templates, or compacting type screeds. (9) Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. (10) Chamfer exterior corners and edges of permanently exposed concrete. (11) Form openings, chases, offsets, linkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items. Water Line Change Out Phase 5 03300 - 104 July 2022 tv of *Lubbock (12) Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. (13) Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. (14) Coat contact surfaces of forms with form -release agent, according to manufacturer's written instructions, before placing reinforcement. 3.2 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast -in -place concrete. B. Use Setting Drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. C. Install anchor bolts, accurately located, to elevations required. 3.3 REMOVING AND REUSING FORMS A. Formwork, for sides of beams, walls, columns and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50 degree Fahrenheit for 52 hours after placing concrete provided concrete is hard enough to not be damaged by form -removal operations and provided curing and protection operations are maintained. B. Leave formwork, for beam soffits, joist, slabs, and other structural elements, that supports weight of concrete in place until concrete has achieved the following: (1) At least 70 percent of 28-day design compressive strength. C. Determine compressive strength of in -place concrete by testing representative field or laboratory cured test specimens according to ACI 301. D. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form -facing material will not be acceptable for exposed surfaces. Apply new form -release agent. E. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect. 3.4 SHORES AND RESHORES A. Comply with ACI 318, ACI 301, and recommendations in ACI 347R for design, installation, and removal of shoring and reshoring. B. Plan sequence of removal of shores and reshore to avoid damage to concrete. Locate and provide adequate reshoring to support construction without excessive stress or deflection. 3.5 STEEL REINFORCEMENT A. Comply with CRSI's Manual of Standard Practice for placing reinforcement. B. Do not cut or puncture vapor retarder. Repaid damage and reseal vapor retarder before placing concrete. C. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. D. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. Water Line Change Out Phase 5 03300 - 105 July 2022 tv of ',Lubbock E. All reinforcement to be in place prior to placing of concrete. Equipment will not be allowed to drive over reinforcement. 3.6 JOINTS A. Construction joints true to line with faces perpendicular to surface plane of concrete. B. Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. C. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs. D. Form from preformed galvanized steel, plastic keyway -section forms, or bulkhead forms with keys, unless otherwise indicated. Embed keys at least 1-1/2 inches into concrete. E. Locate joints for beams, slabs, joists, and girders in the middle third of spans. Offset joints in girders a minimum distance of twice the beam width from a beam -girder intersection. F. Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and girders and at the top of footings or floor slabs. G. Space vertical joints in walls as indicated. Locate joints beside piers integral with walls, near corners, and in concealed locations where possible. H. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. L Contraction Joints in Slabs -on -Grade: Form weakened -plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one- fourth of concrete thickness, as follows: (1) Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond -rimmed blades. Cut 1/8 inch wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks. (2) Curb and Gutter Joints: Curbs and gutter shall be constructed with an expansion joint at the tangent point on each return at intersections and at the end of each day's concrete pour. (a) A construction or contraction joint shall be located at intervals corresponding to the joint interval of the adjacent concrete pavement or as directed by the Owner's Representative. (b) Joints in the new concrete pavement shall extend through the new curb and gutter unless otherwise directed by the Owner's Representative. (c) All joints shall be perpendicular to the surface of the concrete and to the axis of the section. (d) The contraction joints shall be made by cutting into the curb and gutter sections with a trowel a depth of 22 inches; these joints shall be finished as specified under finishing. (e) Expansion joint material shall be an approved preformed bituminous impregnated non -extruding type jointing material, meeting the requirements of AASHTO M 213. The joint material shall be 1/2 inch thick, and shaped to the section of the curb and gutter or other work. Water Line Change Out Phase 5 03300 - 106 July 2022 tv of ",Lubbock (3) Sidewalk Joints: Space contraction joints at 4 feet and expansion joints every 20 feet. Expansion joints shall be placed between existing and new setting of concrete. (4) Dowel Joints: Install dowel sleeves and dowels or dowel bar and support assemblies at joints where indicated. (a) Use dowel sleeves or lubricate or asphalt -coat one-half of dowel length to prevent concrete bonding to one side of joint. 3.7 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. B. Do not add water to concrete during delivery, at Project site, or during placement, unless approved by the Engineer. C. Before placing concrete, water may be added at Project site, subject to limitations of ACI 301. D. Do not add water to concrete after adding high -range water -reducing admixtures to the mix. E. Water may not be added beyond the limit of water withheld from the plant. F. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. G. If a section cannot be placed continuously, provide construction joints as specified. H. Deposit concrete to avoid segregation. I. Deposit concrete in forms in horizontal layers no deeper than 24 inches and in a manner to avoid inclined construction joints. Place each layer while preceding layer is still plastic, to avoid cold joints. J. Consolidate placed concrete with mechanical vibrating equipment. Use equipment and procedures for consolidating concrete recommended by ACI 309R. (1) Do not use vibrators to transport concrete inside forms. Inset and withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. (2) Place vibrators to rapidly penetrate placed layer and at least 6 inches into preceding layer. (3) Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. (4) At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix constituents to segregate. K. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete. L. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners. M. Maintain reinforcement in position on chairs during concrete placement. N. Screed slab surfaces with a straightedge and strike off to correct elevations. O. Slope surfaces uniformly to drains where required. P. Begin initial floating using bull floats or darbies to form a uniform and open -textured surface plane, free of humps or hollows, before excess moisture or bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations. Water Line Change Out Phase 5 03300 - 107 July 2022 tv of *Lubbock Q. Cold Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. (1) When air temperature has fallen to or is expected to fall below 40 degree Fahrenheit, uniformly heat water and aggregates before mixing to obtain a concrete mix temperature of not less than 50 degrees Fahrenheit and not more than 80 degrees Fahrenheit at point of placement. (2) Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. (3) Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved in mix designs. R. Hot Weather Placement: Place concrete according to recommendations in ACI 350R and as follows, when hot weather conditions exist: S. Cool ingredients before mixing to maintain concrete temperature below 90 degrees Fahrenheit at time of placement. T. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. U. Using liquid nitrogen to cool concrete is Contractor's option. V. Cover steel reinforcement with water -soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. W. Fog -spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.8 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. B. Mix, place, and cure concrete, as specified, to blend with in -place construction. Provide other miscellaneous concrete filling indicated or required to complete Work. 3.9 CONCRETE PROTECTION AND CURING A. Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold -weather protection and with recommendations in ACI 305R for hot -weather protection during curing. B. Formed Surfaces: Cured formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. (1) Leave forms in place for a minim of 3 days. (2) Upon removal of forms, apply approved curing compound. C. Unformed Surfaces: Begin curing immediately after finishing concrete. (1) Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces, by the following method: D. Concrete shall be wet cured for 3 days after concrete placement. Wet curing shall begin immediately after final finishing of slab surface and shall consist of continuous misting by sprinkler or wet burlap. (1) No work will be permitted on the slab during wet curing. Water Line Change Out Phase 5 03300 - 108 July 2022 tv of ",Lubbock E. Immediately after removal of sprinkler or burlap, Contractor shall apply approved curing compound. F. During cold weather concrete placement, in lieu of wet curing, the Contractor shall place plastic sheets over the concrete surface with blankets over the plastic. Plastic shall remain in place for 3 days. G. Sealing Coat: Uniformly apply a continuous sealing coat of curing and sealing compound to hardened concrete by power spry or roller according to manufacturer's written instructions. 3.10 FIELD QUALITY CONTROL A. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device will be permitted by the Engineer. END OF SECTION Water Line Change Out Phase 5 03300 - 109 July 2022 No Text AP34427 SUM03 77 oo 27 d°'Y 571157 fink �a1�r 0/90 3 a r 7 ! ��iJ 3fZl�ii� Ly /o L Zfo/EP-v/ OL 487 9 aJs A,'F- J� 3l cli .� j 6J1� 0/01� laclf ji �J oro� G - oaoS2877 / �%G►-S/1 �7t�8 �P- , � o � c/ 2� � Ll �l,e lEs�r4-S Imcd nn - pop 85y�/L�G..S%tI raI&2I.A5, a0-0V 7y�tl �l' 0/ DCo Al lwd /V /3-olal. 23 / Cam~ ILL-7708 % ��� o ao� zy�t�,�v /o C. �r �•���-�9� o��-,��� ��� �QO&I7783rt ��®ate �371 L�TAP 30�/ r�C' �� - s"rrt3� - ©/'�� �� 3o AJFC y , d89 t.= 1'1077$ Dlah 7 ® l3iy �Fxa45 Y23171 Apc �13 7 (()0) J L L June 24, 2022 City of Lubbock Attention: Mr. James Dean 1314 Avenue K Lubbock, TX 79401 Dear Mr. Dean: Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Rd., Suite 110 Fort Worth, Texas 76155 tel +1 817-230-2600. fax +1 817 306-8265 22W-14622 Attached please find a copy of the requested contract for execution by an official authorized to execute contract agreements on behalf of your company. Please print one (1) copy, execute, and return copy with original signature for completion on part of BNSF Railway Company ("BNSF") to this office, along with the following requirements: • Submit payment by credit card in the amount of $3,700.00 to https://bnsf.railpermitting.com which covers the contract fee. Please note the agreements cannot be executed by BNSF without an approved insurance certificate. If there are any issues with your insurance, you will be contacted by a member of the Risk Management team of BNSF Railway. 1. A Certificate of Insurance as required in the agreement. 2. A separate policy for Railroad Protective Liability Insurance as required in the agreement (ORIGINAL POLICY MUST BE PROVIDED). BNSF Railway Company will be the only insured party; OR; In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may participate in the BNSF's Railroad Protective Policy by checking the appropriate box in the contract and including an additional $1,266.00 with your check. PLEASE ADVISE IF THIS PROJECT IS ARRA FUNDED. Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the premises completes the safety orientation program at the website www.BNSFcontractor.com prior to entering upon the premises. The certification is good for one year, and each person entering the premises must possess the card certifying completion. Acceptance and deposit of any check by BNSF does not constitute an agreement between BNSF and Licensee for the requested license. BNSF shall not be obligated to hold the check in a separate fund, but may commingle the funds with other funds of BNSF, and in no event shall BNSF be responsible for interest on said funds. The enclosed permit is not a binding agreement and shall become binding only when, and if, it is executed by you and fully approved and executed by BNSF Railway Company. Upon completion on behalf of BNSF, one fully executed counterpart will be returned for your records. The specifications/plans you provided may differ from BNSF's minimum specification requirements. Therefore, prior to your installation, please review the Exhibit A to determine the specifications necessary for your installation. Please be informed that if contracts, fees, and insurance are not returned within sixty (60) days, the processing fee will increase to $800.00. Sincerely, Jr&4 Sdhonk Kelly Schronk Permit Manager Attachment Tracking #22W-14622 PIPELINE LICENSE THIS PIPELINE LICENSE ("License") is made to be effective , 2022 (the "Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF LUBBOCK, a Texas Municipality ("Licensee"). In consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one (1) pipeline, 8 inches in diameter inside a 16 inch Steel casing (collectively, the "Pipeline"), across or along Licensor's rail corridor at or near the station of Lubbock, County of Lubbock, State of Texas, Line Segment 7106, Mile Post 673.85 as shown on the attached Drawing No. 85178, dated June 20, 2022, attached hereto as Exhibit "A" and incorporated herein by reference (the "Premises"). 2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty-five (25) years, subject to prior termination as hereinafter described. 3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or replacement of such improvements. 4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of the Pipeline in accordance with the Drawings and Specifications. The Pipeline shall carry Potable Water, and Licensee shall not use the Pipeline to carry any other material or use the Premises for any other purpose. Licensee is expressly prohibited from using or allowing any telecommunication facilities or equipment within the Premises, or using or allowing the use of the Premises for any other purpose. 5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent. COMPENSATION 6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, a one-time payment (in lieu of recurring periodic fixed license fees) in the amount the sum of Three thousand seven hundred and No/100 Dollars ($3,700.00) as compensation for the use of the Premises. 7. Costs and Expenses. 7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. 7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the Pipeline, including but not limited to the furnishing of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety, mobilization and/or other observation services described in this License (collectively, the "Services"). Licensee shall bear the cost of the Services, when deemed necessary by Licensor's representative. Flagging costs shall include, but not be limited to, the following: pay for at least an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and - 1 - Form 424; Rev. 20200605 Tracking #22W-14622 unemployment insurance; public liability and property damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this Section 7. 7.3 Licensor, at its sole discretion, may elect to designate a third party (the "Scheduling Agent"), to perform and/or arrange for the performance of the Services. 8. Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2- 1/2%), or (ii) the maximum rate permitted by law. LICENSOR'S RESERVED RIGHTS 9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: 9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication pipe/lines/cables and appurtenances (other than the Pipeline) and other facilities or structures of like character upon, over, under or across the Premises existing as of the Effective Date; 9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities, structures and related appurtenances upon, over, under or across the Premises; or 9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 4 above. 10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the Pipeline, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the Pipeline as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the Pipeline, or the construction of a new pipeline to replace the Pipeline. Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments, as determined by Licensor in its sole discretion, to the Pipeline promptly upon Licensor's request. LICENSEE'S OPERATIONS 11. Construction and Maintenance of the Pipeline. 11.1 Licensee shall not enter the Premises or commence construction unless accompanied by Licensor's representative, the Scheduling Agent or its designee. Licensee shall notify Licensor's Roadmaster, Kory Kirk at Kory.Kirkabnsf.com, telephone 806-341-8905, at least ten (10) business days prior to installation of the Pipeline and prior to entering the Premises for any subsequent maintenance thereon. In the event of emergency, Licensee shall notify Licensor of Licensee's entry onto the Premises at the telephone number above as soon as practicable and shall promptly thereafter follow up with written notice of such entry. 11.2 Licensee's on -site supervisors shall retain/maintain a fully executed copy of this License at all times while on the Premises. 11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. - 2 - Form 424; Rev. 20200605 Tracking #22W-14622 11.4 Any contractors or subcontractors performing work on the Pipeline or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. 11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises, including without limitation all construction and maintenance of the Pipeline, in such a manner and of such materials as not at any time to endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. 11.6 Licensee shall, at its sole cost and expense, construct and maintain the Pipeline in such a manner and of such material that the Pipeline will not at any time endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. The construction of the Pipeline shall be completed within one (1) year of the Effective Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within fifteen (15) days after completion of the construction of the Pipeline or the performance of any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore the Premises to substantially their state as of the Effective Date, unless otherwise approved in advance by Licensor in writing. On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant to the terms and conditions set forth in Section 24 hereof. 11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the construction and/or maintenance of the Pipeline at any time for compliance with the Drawings and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor for the cost of such observation or inspection related services pursuant to Section 8. If ordered at any time to halt construction or maintenance of the Pipeline by Licensor's personnel due to non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the Pipeline, it being solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise, any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 12. Boring and Excavation. 12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of the Premises, Licensee shall contact the applicable State's call -before -you -dig utility location service to have 31d parties mark the location of utilities. Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, - 3 - Form 424; Rev. 20200605 Tracking #22W-14622 however, that in lieu of the foregoing hand -tool exploration, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the United States Infrastructure Corporation) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Licensee shall request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800- 533-2891 (option1, then option 7), at least ten (10) business days prior to installation of the Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee with the information Licensor has in its possession regarding any existing underground lines, utilities, and pipelines at or near the vicinity of the proposed Pipeline and, if applicable, identify the location of such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions of the Premises and Licensee's operations will be subject at all times to the liability provisions herein. 12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 12.3 No wells shall be installed without prior written approval from Licensor. 12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: 12.4.1 filled in to surrounding ground level with compacted bentonite grout; or 12.4.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. LIABILITY AND INSURANCE 13. Liability and Indemnification. 13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of investigation, removal and remediation, and governmental oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees, licensees, employees, or contractors, or any party directly or indirectly employed by any of them, or any party they control or exercise control over. 13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE, KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR RELATED TO (IN WHOLE OR IN PART): - 4 - Form 424; Rev. 20200605 Tracking #22W-14622 13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, 13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, 13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES, 13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED TO BY LICENSEE, OR 13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY. 13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER: THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. 13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES, INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE. 13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including, but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. 14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR - 5 - Form 424; Rev. 20200605 Tracking #22W-14622 THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. 15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this License the following insurance coverage: 15.1 Commercial General Liability "CGL" Insurance. a. The policy will provide a minimum of $5,000,000 per occurrence and an aggregate limit of at least $10,000,000 but in no event will the coverage be in an amount less than the amount otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following: ■ Bodily Injury and Property Damage ■ Personal Injury and Advertising Injury ■ Fire legal liability ■ Products and completed operations ■ Contractual Liability for an "Insured Contract" consistent with the definition under the standard ISO general liability policy form. b. This policy will include the following endorsements or language, which shall be indicated on or attached to the certificate of insurance: ■ The definition of "Insured Contract" will be amended to remove any exclusion or other limitation for any work being done within 50 feet of Licensor's property; ■ Waiver of subrogation in favor of and acceptable to Licensor; ■ Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle Brokerage, Inc. to include coverage for ongoing and completed operations; ■ Separation of insureds; ■ The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. c. The parties agree that the workers' compensation and employers' liability related exclusions in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply to Licensor's employees. d. No other endorsements that limit coverage with respect to Licensee's obligations under this agreement may be included on the policy. 15.2 Business Automobile Insurance. a. The insurance will provide minimum coverage with a combined single limit of at least $1,000,000 per accident, and include coverage for, but not limited to the following: ■ Bodily injury and property damage. ■ Any and all vehicles owned, used or hired. b. The policy will include the following endorsements or language, which will be indicated on or attached to the certificate of insurance: ■ Waiver of subrogation in favor of and acceptable to Licensor; ■ Additional insured endorsement in favor of and acceptable to Licensor; ■ Separation of insureds; ■ The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. 15.3 Workers' Compensation and Employers' Liability Insurance. a. The policy will provide coverage of all employees performing any part of the installation or maintenance of the Pipeline including coverage for, but not limited to: ■ Licensee's statutory liability under the workers' compensation laws of the state(s) in which the work or services under this agreement are to be performed. The policy will cover all - 6 - Form 424; Rev. 20200605 Tracking #22W-14622 of Licensee's employees, regardless of whether such coverage is optional under the law of that state(s). ■ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. b. The policy will include contain the following endorsements or language, which shall be indicated on or attached to the certificate of insurance: ■ Waiver of subrogation in favor of and acceptable to Licensor. 15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will provide coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the Pipeline. THE CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Pipeline is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include the following: ■ Endorsed to include the Pollution Exclusion Amendment. ■ Endorsed to include the Limited Seepage and Pollution Endorsement. ■ Endorsed to remove any exclusion for punitive damages. ■ Endorsed to include Evacuation Expense Coverage Endorsement. ■ No other endorsements restricting coverage may be added. ■ The original policy must be provided to Licensor and Licensee shall not perform any work or services of any kind under this agreement until Licensor has reviewed and approved the policy. ■ The definition of "Physical Damage to Property" will be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured's care, custody and control (including, but not limited to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts or omissions of the contractor named on the Declarations." In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $1,266.00. ❑ Licensee may elect to participate in Licensor's Blanket Policy; ❑ Licensee declines to participate in Licensor's Blanket Policy. 15.5 Intentionally deleted. 15.6 Other Requirements: 15.6.1 Where allowable by law, no exclusion for punitive damages may be included in any policy. 15.6.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, Licensee's insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Licensor for all claims and suits. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of Licensee's owned or leased property or property under Licensee's care, custody, or control. 15.6.3 Allocated Loss Expense, including but not limited to defense costs and expenses, will be in addition to all policy limits for coverage under the insurance requirements. - 7 - Form 424; Rev. 20200605 Tracking #22W-14622 15.6.4 Licensee is not allowed to self -insure without the prior written consent of Licensor. If Licensor allows Licensee to self -insure, Licensee shall directly cover any self -insured retention or other financial responsibility for claims in lieu of insurance. Any and all Licensor liabilities that would otherwise be covered by Licensee's insurance in accordance with the provisions of this agreement, will be covered as if Licensee elected not to include a self -insured retention or other financial responsibility for claims. 15.6.5 Prior to entering the Premises or commencing any work related to the installation or subsequent maintenance of the Pipeline, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. 15.6.6 Licensee shall notify BNSF in writing at least 30 days prior to any cancellation, non - renewal, substitution or material alteration of any insurance requirement. 15.6.7 Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. 15.6.8 If the coverage provided by any of the insurance policies required by this agreement is purchased on a "claims made" basis, Licensee hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this agreement. 15.6.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in place at least annually or in the event of a renewal or material change of coverage 15.6.10 Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), and that Licensee has instructed them to procure the insurance coverage required by this License. 15.6.11 Not more frequently than once every five years, Licensor may, at its discretion, reasonably modify the insurance requirements to reflect the then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. 15.6.12 If Licensee will subcontract any portion of the operation, Licensee shall require that the subcontractor provide and maintain insurance coverage(s) as set forth herein, naming Licensor as an additional insured. In addition, Licensee shall require that the subcontractor shall release, defend and indemnify Licensee to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor under this agreement. 15.6.13 Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. 15.6.14 The fact that Licensee obtains insurance (including, without limitation, self-insurance) shall not release or diminish Licensee's liabilities or obligations including, without limitation, the liabilities and obligations under the indemnity provisions of the License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. 15.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement, Licensee will make the policy covering such claims or lawsuits available to BNSF. 15.6.16 If Licensee maintains broader coverage and/or higher limits than the minimum requirements in this Agreement, BNSF requires and shall be entitled to the broader - 8 - Form 424; Rev. 20200605 Tracking #22W-14622 coverage and/or the higher limits. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to BNSF. 15.6.17 These insurance provisions are intended to be a separate and distinct obligation on the part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work or services are performed under this License. 15.6.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe, LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS 16. Compliance with Laws, Rules, and Regulations. 16.1 Licensee shall observe and comply with any and all applicable federal, state, local, and tribal laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and use of the Pipeline and the use of the Premises. 16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the Premises completes the safety orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation") within one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and every employee of Licensee, its contractors, agents and invitees possess a card certifying completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew (and ensure that its contractors, agents or invitees, as applicable, renew) the Safety Orientation annually. 16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all additional rights -of way, easements, licenses and other agreements relating to the grant of rights and interests in and/or access to the Premises (collectively, the "Rights") and such other rights, licenses, permits, authorizations, and approvals (including without limitation, any necessary local, state, federal or tribal authorizations and environmental permits) that are necessary in order to permit Licensee to construct, maintain, own and operate the Pipeline and otherwise to perform its obligations hereunder in accordance with the terms and conditions hereof. 16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that does not expire, in accordance with its ordinary terms, prior to the last day of the term of this License or, if the initial stated term of any such Right expires in accordance with its ordinary terms on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise any renewal rights thereunder, or otherwise acquire such extensions, additions and/or replacements as may be necessary, in order to cause the stated term thereof to be continued until a date that is not earlier than the last day of the term of this License. 16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own, operate or use the Pipeline in accordance with the terms and conditions of this License, this License thereby shall automatically expire upon such expiration or termination of the Right. 17. Environmental. 17.1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as - 9 - Form 424; Rev. 20200605 Tracking #22W-14622 defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or Hazardous Materials (as defined below) on or about the Premises. 17.2 Except as specifically set forth in Section 4 of this License, Licensee covenants that it will not handle or transport Hazardous Materials through the Pipeline or on Licensor's property. Upon request by Licensor, Licensee agrees to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in compliance with the provisions of this Section 17.2. 17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any known (i) release of Hazardous Materials on, from, or affecting the Premises, (ii) violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use its best efforts to immediately respond to any release on, from, or affecting the Premises. Licensee also shall give Licensor prompt notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. 17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the Pipeline which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. 17.5 Licensee shall immediately report to Licensor's Resource Operations Center at (800) 832-5452 any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take all reasonable actions necessary to prevent injury to persons, property, or the environment arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities. 17.6 During the term of this License, Licensor may, at Licensor's option, require Licensee to conduct an environmental audit, including but not limited to sampling, of the Premises through an environmental consulting engineer acceptable to Licensor, at Licensee's sole cost and expense, to determine if any noncompliance or environmental damage to the Premises has occurred during occupancy thereof by Licensee. The audit shall be conducted to Licensor's satisfaction and a copy of the audit report shall promptly be provided to Licensor for its review. Licensee shall pay all expenses for any remedial or corrective action that may be required as a result of said audit to correct any noncompliance or environmental damage, and Licensee shall diligently pursue and complete all necessary work prior to termination of this License. Licensee's obligations under this Section 17.6 shall survive termination of this License. 17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine Licensee's compliance with Environmental Laws, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is compliant. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. 17.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance, code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to health, safety, any Hazardous Material, or the environment (including but not limited to ground, air, water, or noise pollution or contamination, and underground or above- ground tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and Community Right -to -Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et - 10 - Form 424; Rev. 20200605 Tracking #22W-14622 seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been amended from time to time, and any other federal, state, local, or tribal environmental requirements, together with all rules, regulations, orders, and decrees now or hereafter promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future. 17.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties that may be hazardous to human health or the environment, including without limitation asbestos and asbestos -containing materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation, methane, lead -based paint, polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i) substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or hereafter defined, determined, or identified as "hazardous chemicals", "hazardous substances," "hazardous materials," "toxic substances," or "hazardous wastes" in any Environmental Law. DISCLAIMER OF WARRANTIES 18. No Warranties. 18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE PIPELINE WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS AND LIENS OF ANY THIRD PARTY. 19. Disclaimer of Warranty for Quiet Enjoyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. 20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the pro- rata part of any recurring charge paid in advance, or (ii) for any damages or costs Licensee sustains in connection with the eviction. LIENS AND TAXES 21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 21 or any other Section of this License. - 11 - Form 424; Rev. 20200605 Tracking #22W-14622 22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed by any governmental or quasi -governmental body upon the Pipeline or any other improvements constructed or installed on the Premises by or for Licensee (collectively, the "Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. DEFAULT, TERMINATION, AND SURRENDER 23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to provide evidence of insurance as required pursuant to the terms of Section 15, the following events are also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth below: 23.1 If default shall be made in any of Licensee's covenants, agreements, or obligations contained in this License and Licensee fails to cure said default within thirty (30) days after written notice is provided to Licensee by Licensor, or in case of any assignment or transfer of this License in violation of Section 26 below, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Notwithstanding the foregoing, Licensor shall have the right to terminate this License immediately if Licensee fails to provide evidence of insurance as required in Section 15. 23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or transporting of Hazardous Materials, notwithstanding anything contained in any other provision of this License, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. 23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedies set forth in this Section 23 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. 23.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide evidence of insurance or occurrence of defaults as described above, this License may be terminated by either party, at any time, by serving thirty (30) days' written notice of termination upon the other party. Such termination shall not release either party hereto from any liability or obligation under the License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or thereafter in case by the terms of the License it is provided that anything shall or may be done after termination hereof. 24. Surrender of the Premises. 24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense: 24.1.1 if so directed by Licensor in writing, remove the Improvements, the Pipeline and all appurtenances thereto, or, at the sole discretion of Licensor, fill and cap or otherwise appropriately decommission the Pipeline with a method satisfactory to Licensor; 24.1.2 report and restore any damage to the Premises or Licensor's other property arising from, growing out of, or connected with Licensee's use of the Premises; 24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and 24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date, or as otherwise agreed to by Licensor. - 12 - Form 424; Rev. 20200605 Tracking #22W-14622 24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the "Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises solely to the extent necessary for Licensee to complete the Restoration Obligations, and all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the Restoration Obligations are completed. Neither termination nor expiration shall release Licensee from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations are completed. 24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of such termination of its tenancy, then Licensor may, at its election, either: (i) remove the Pipeline and the other Improvements or otherwise restore the Premises, and in such event Licensee shall, within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon written notice to Licensee, take and hold the Pipeline and the other Improvements and personal property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against Licensee for failure to so restore. Further, if Licensor has consented to the Pipeline and the other Improvements remaining on the Premises following termination, Licensee shall, upon request by Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Pipeline and the other Improvements to Licensor for no additional consideration. MISCELLANEOUS 25. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the same extent as if each such successor and assign was named a party to this License. 26. Assignment. 26.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior written consent of Licensor, which consent may not be unreasonably withheld or delayed by Licensor. Any attempted assignment by Licensee in violation of this Section 26 shall be a breach of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion. 26.2 For purposes of this Section 26, the word "assign" shall include without limitation (a) any sale of the equity interests of Licensee following which the equity interest holders of Licensee immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting power of the outstanding voting equity interests of Licensee, (b) any sale of all or substantially all of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent and subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger or consolidation following which the equity interest holders of Licensee immediately prior to such reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50% of the combined voting power of the outstanding voting equity interests of Licensee or any successor thereto or the entity resulting from such reorganization, recapitalization, merger or consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO BE IN LICENSOR'S SOLE DISCRETION. 26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest herein in contravention of the provisions of this License (a "Purported Assignment") to another party (a "Purported Transferee"), the Purported Transferee's enjoyment of the rights and privileges granted under this License shall be deemed to be the Purported Transferee's agreement to be bound by all of the terms and provisions of this License, including but not limited to the obligation - 13 - Form 424; Rev. 20200605 Tracking #22W-14622 to comply with the provisions of Section 15 above concerning insurance requirements. In addition to and not in limitation of the foregoing, Licensee, for itself, its successors and assigns, shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or description of any person or entity directly or indirectly arising out of, resulting from or related to (in whole or in part) a Purported Assignment. The provisions of this Section 26.3 shall survive the expiration or earlier termination of this License. 26.4 Licensor shall have the right to transfer and assign, in whole or in part, all of its rights and obligations under this License, and upon any such transfer or assignment, Licensor shall be released from any further obligations hereunder, and Licensee agrees to look solely to the successor in interest of Licensor for the performance of such obligations. 27. Notices. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Licensor: Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Road, Suite 110 Fort Worth, TX 76155 Attn: Permits/Licenses with a copy to: BNSF Railway Company 2650 Lou Menk Dr. Fort Worth, TX 76131 Attn: Senior Manager Real Estate If to Licensee: City of Lubbock 1314 Avenue K Lubbock, TX 79401 28. Survival. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the Pipeline and the other Improvements are removed and the Restoration Obligations are completed in accordance with the terms hereof. 29. Recordation. It is understood and agreed that this License shall not be placed or allowed to be placed on public record. 30. Applicable Law. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Texas without regard to conflicts of law provisions. 31. Severability. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. 32. Integration. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. - 14 - Form 424; Rev. 20200605 Tracking #22W-14622 33. Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 34. Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. 35. Interpretation. 35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any party based upon the source of the draftsmanship; both parties hereby agree that this License shall not be subject to the principle that a contract would be construed against the party which drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if any) are inserted for convenience of reference only and are not intended to be a part or to affect the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed with and as an integral part of this License to the same extent as if they were set forth verbatim herein. 35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without limitation" whether or not they are in fact followed by such words or words of like import; "writing", "written" and comparable terms refer to printing, typing, lithography and other means of reproducing words in a visible form; references to any person are also to that person's successors and permitted assigns; "hereof', "herein", "hereunder" and comparable terms refer to the entirety hereof and not to any particular article, section, or other subdivision hereof or attachment hereto; references to any gender include references to the masculine or feminine as the context requires; references to the plural include the singular and vice versa; and references to this License or other documents are as amended, modified or supplemented from time to time. 36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this License may also be exchanged electronically and any electronic version of any party's signature shall be deemed to be an original signature for all purposes. 37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF Railway Company. END OF PAGE — SIGNATURE PAGE FOLLOWS - 15 - Form 424; Rev. 20200605 Tracking #22W-14622 This License has been duly executed by the parties hereto as of the Effective Date. LICENSOR: BNSF Railway Company, a Delaware corporation By: Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Road, Suite 110 Fort Worth, TX 76155 By Shane Krueger Vice President Permits and Special Projects LICENSEE: City of Lubbock, a Texas Municipality By: + 1::::� Title: Assistant City Engineer - 16 - Form 424; Rev. 20200605 COORDINATE SYSTEM: TX NC TRACKING NO. 22W-14622 EXHIBIT "A" SCALE:1 IN = 200 FT N SURVEY: RED RIVER DIV. -' EL&RR RR CO SLATON SUBDIV.77, L.S. 7106 MP: 673.85 d DATE: 6/20/2022 TO 3rd St rd St S � O ��%�.� MP 673.85 \33.593355,-101.848068 � a EXISTING 2" IRON WATER LINE AGREEMENT PS-5310 TO BE FILLED VIA PRESSURE GROUTING ' X �1 78- Q �o. 82 �� oti ;""lm 3. S? m Source: Esri, Maxar, a ; Earthstar Geographics, NOTE: PER UAPANY ABANDONMENT PIPE WILL NEED TO BE REMOVED FROM PROPERTY DESCRIPTION OF PIPELINE EXCEPT THE PORTION UNDER THE TRACK PIPELINE SHOWN BOLD EMBANKMENT AND REQUIRES TO BE FILLED WITH FLOWABLE GROUT. CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE SIZE: 8" 16" LENGTH ON R/W: 101, 101, CONTENTS: POTABLE WATER WORKING PRESSURE: 80 PSI PIPE MATERIAL: PVC STEEL BURY: BASE/RAIL TO TOP SPECIFICATIONS / GRADE: AWWA C900 ASTM A139/A53 OF CASING 12' WALL THICKNESS: 0.362" 0.375" BURY: NATURAL GROUND 12' COATING: FBE WITH ARO BURY: ROADWAY DITCHES 12' CATHODIC PROTECTION NO VENTS: NUMBER 0 SIZE - HEIGHT OF VENT ABOVE GROUND - NOTE: CASING TO BE JACKED OR DRY BORED ONLY LUBBOCK COUNTY OF LUBBOCK STATE OF TX NRH DRAWING NO. 85178 (()O),JLL June 24, 2022 City of Lubbock Attention: Mr. James Dean 1314 Avenue K Lubbock, TX 79401 Re: Termination for license #PS5310 Dear Mr. Dean: Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Rd., Suite 110 Fort Worth, Texas 76155 tel +1 817-230-2600, fax +1 817 306-8265 This letter is in response to the pipe that the City of Lubbock must decommission that runs under BNSF tracks near Lubbock, Lubbock County, Texas, around Line Segment 7106 near Mile Post 673.85. The existing casing shall be cut at least Thirty (30) feet from centerline of track at right angles to the track, capped and filled. The portion of the pipe that is on BNSF right of way shall be purged and capped within the zone of influence under the track with highly flowable controlled low -strength material (CLSM), lean cement pumped grout, or a combination of either sand and lean cement pumped grout or sand and highly flowable CLSM per BNSF Engineering Department. Clean soil will need to be place in the void where the pipeline was removed to 95% compaction. BNSF accommodation manual must be followed for shoring of pipe being cut Thirty (30) feet from centerline of track. Accommodation Manual can be found on BNSF website at BNSF.com. Click on communities; Frequently Asked Questions; Permits/Real Estate; What are the specifications for installations on BNSF property; and then click on the pdf link. Licensee shall notify Licensor's Roadmaster, Kory Kirk at Kory.Kirk@bsnf.com, telephone 806-341-8905 at least ten (10) business days prior to removal of the Wireline and prior to entering the Premises to determine if flagging is required. You are also required to line locate all lines under the ground in the area of your digging at your expense. Also, before you can dig you must contact BNSF DIG Hotline at 1-800-731-3599 to locate all signal lines owned by BNSF. Such termination shall not release any party hereto from any liability or obligation under the instrument(s) hereby terminated, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or thereafter in case by the terms of said instrument(s) it is provided that anything shall or may be done after termination hereof. Please acknowledge in the space provided below and return a copy to this office. Should you have any questions relative to this matter, please contact me at (817) 230-2645. Sincerely, xwg Sckwnk Kelly Schronk Permit Manager ACKNOWLEDGE AND ACCEPT: r By: Title: Assistant City Engineer Cc: Kory Kirk — BNSF Roadmaster — Kory.Kirk@bnsf.com Jeff Estes — BNSF Engineering — Jeffrey.Estes@bnsf.com APPROVAL Approval Form Online version 11/2005 To James Dean City of Lubbock 1314 Ave K Lubbock, TX 79401 Date 9/30/2022 Application No. LBB20220610102328 District App. No. water Highway US 0082 Control Section 005301 Maintenance Section LubLB) bock County Maintenance SE Office County Lubbock TxDOT offers no objection to the location on the right-of-way of your proposed utility installation, as described by Notice of Proposed Utility Installation No. LBB20220610102328 (District Application No. water) dated 9/30/2022 and accompanying documentation, except as noted below. Not applicable When installing utility lines on controlled access highways, your attention is directed to governing laws, especially to Texas Transportation Code, Title 6, Chapter 203, pertaining to Modernization of State Highways; Controlled Access Highways. Access for serving this installation shall be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads or streets, (c) trails along or near the highway right-of-way lines, connecting only to an intersecting roads; from any one or all of which entry may be made to the outer portion of the highway right-of-way for normal service and maintenance operations. The Installation Owner's rights of access to the through -traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public except, however, if an emergency situation occurs and usual means of access for normal service operations will not permit the immediate action required by the Utility Installation Owner in making emergency repairs as required for the safety and welfare of the public, the Utility Owners shall have a temporary right of access to and from the through -traffic roadways and ramps as necessary to accomplish the required emergency repairs, provided TxDOT is immediately notified by the Utility Installation Owner when such repairs are initiated and adequate provision is made by the Utility Installation Owner for convenience and safety of highway traffic. The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. In the event the Installation Owner fails to comply with any or all of the requirements as set forth herein, the State may take such action as it deems appropriate to compel compliance. It is expressly understood that the TxDOT does not purport, hereby, to grant any right, claim, title, or easement in or upon this highway; and it is further understood that the TxDOT may require the Installation Owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. If construction has not started within six (6) months of the date of this approval, the approval will automatically expire and you will be required to submit a new application. You are also requested to notify this office prior to commencement of any routine or periodic maintenance which requires pruning of trees within the highway right-of- way, so that we may provide specifications for the extent and methods to govern in trimming, topping, tree balance, type of cuts, painting cuts and clean up. These specifications are intended to preserve our considerable investment in highway planting and beautification, by reducing damage due to trimming. Special Provisions: GENERAL NOTES WATER LINES You are required to notify TxDOT 48 hours (2 business days) before you start construction to allow for proper inspection and coordination of work days and traffic control plans. Use the UIR website for the 48-hour notification. DO NOT start construction until you have coordinated the construction start date and inspection with TxDOT. You are also required to keep a copy of this Approval, the Notice of Proposed Installation, and any approved amendments at the job site at all times. Texas Department of Transportation By Mike Stroope Title Director of Operations District Lubbock GENERAL NOTES A copy of the approved Notice of Proposed Installation and all of its attachments must be kept on site and accessible at all times during construction. This includes the complete Notice, Approval Form, any approved Amendments, and General Notes and Special Provisions. If this information is not on the job site, construction may be halted until it can be provided. Once a permit is approved, no changes shall be made without prior authorization from TxDOT. When field changes are needed, TxDOT must review and approve these changes. If the scope of work changes significantly, the utility company may be asked to stop construction and submit a revised request that reflects these amendments for approval. All utility installations authorized by the department shall be subject to inspection and testing as may be deemed necessary by TxDOT to verify that work is being done in accordance with the Utili Accommodation Rules and TxDOT requirements. If the department determines that the facility was not installed in the location and at the depth shown on the approved notice, the department may require the utility to take appropriate corrective action as determined by TxDOT. The utility owner shall be responsible for the safety of, and shall minimize the disruption to, the traveling public with proper traffic control. Appropriate measures shall be taken in the interest of safety, traffic convenience, and access to adjacent property. Warning and protective devices including flaggers shall be used to prevent traffic hazards and to ensure the safety of the traveling public. Traffic Control Plans shall be in accordance with the Texas Manual of Uniform Traffic Control Devices. Any lane closures require TxDOT authorization and a 48 hour notice prior to set up. All personnel within the right-of-way shall wear high -visibility safety apparel that meets the Performance Class 2 or 3 requirements of the ANSVISEA 107-2004. Any utility pits or above ground obstructions within the horizontal clearance shall be properly protected, in compliance with National Cooperative Highway Research Project Report 350, with concrete traffic barriers, metal beam guard fencing, appropriate end treatments, or other appropriate warning devices. No construction work within the right-of-way will be allowed on Saturday, Sunday, Federal Holidays, during inclement weather or before or after sunset unless the contractor has written permission from TxDOT. Lines crossing beneath any existing highway shall be installed by boring or tunneling. Jacking or Water Jetting will not be permitted. Annular voids greater than one inch between the bore hole and the casing shall be filled with a slurry grout or other flowable fill acceptable to the department. Excavated material shall be backfilled immediately after operations have been completed. Said material shall be compacted to a density approximating the adjacent undisturbed soil using mechanical equipment. All excess excavation, materials, supplies, etc. shall be removed from the right-of-way after installation is complete and the right-of-way reshaped to its original condition including fertilizing, seeding and/or sod as may be required when existing grass has been disturbed. The utility shall not cut into the pavement or concrete surfaces without written permission from the department. When nonmetallic pipe is installed, whether longitudinally or crossings, a durable metal wire or other district -approved means of detection shall be concurrently installed. Lubbock District Revised July 20141jp LOCATION — All parallel underground utilities shall be placed on uniform alignment within five feet of the right of way line. In no case shall the utility be placed in the bottom of the ditch or on the front slope. Any alignment change outside of five feet from the right of way MUST BE APPROVED BY TxDOT. LONGITUDINAL — The minimum depth of cover shall be 30 inches. CROSSINGS — The minimum depth of cover to the top of the casing shall be 30 inches, but not less than 18 inches below the pavement structure. Underground utilities crossing the highway shall be encased in the interest of safety, protection of the utility, protection of the highway, and for access to the utility. Water lines crossing under paved highways must be placed in a steel encasement pipe. Steel casing lengths must be the full width of the right of way. MATERIAL TYPE - All material types used for water lines shall conform to the American Waterworks Association, applicable local requirements, and 30 TAC 290.44(a). INSTALLATION - Lines placed beneath any existing highway shall be installed by boring or tunneling. Jacking or Water Jetting will not be permitted. ABOVEGROUND APPURTENANCES — Fire Hydrants and valves. When feasible, fire hydrants and blow -off valves are to be located at the right of way line. Fire hydrants shall not be placed in the sidewalk or any closer than five feet from the back of the curb. Valve locations shall be placed so as not to interfere with maintenance of the highway. MANHOLES — The width dimensions shall be no larger than is necessary to hold equipment involved and to meet safety standards for maintenance persomiel. The maximum inside diameter of the manhole chimney shall not exceed 48 inches. The outside diameter of the manhole chimney at the ground level shall not exceed 36 inches. WATER METERS - hldividual service meters shall be placed outside the limits of the right of way. Lubbock District Revised August 20141jp Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.