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Resolution - 2001-R0247 - Contract For Emergency Gas Probes - Westmar, Inc. - 06/14/2001
Resolution No. 2001-RO247 June 14, 2001 Item No. 77 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for emergency gas probes 10 & 11 Remediation Plant (Phase 1), by and between the City of Lubbock and Westmar, Inc. of Whitesboro, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June , 2001. C &WIDAY4SIfftON, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: �t Victor Kilman,rchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Contract-Westmar, Inc.res June 4, 2001 No Text City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 hftp://purchasing.ci.lubbock.tx.us ITS; #139 -01i1 -R, Addendum #2 ADDENDUM #2 ITB #139-01 /LR Gas Probes 10 and 11 Remediation Plan Phase 1 MAILED TO VENDOR: May 22, 2001 CLOSE DATE: May 25, 2001 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Reference "WELL HEAD" detail shown on SHEET C04. Note that all the wells listed below, all piping and flanged ball valves for the wellhead construction shall be 6 -inch nominal diameter in lieu of 3 -inch. This applies to only the wells listed below. All other wells will remain as 3 -inch. Technical specification 02147 section 2.9 for ball valves shall specify materials for both 3 -inch and 6 -inch diameter pipe. 2. The following wells shall have 6 -inch well head piping: C46-1 C46-7 C4B-2 C4B-8 C413-3 C413-9 C413-4 C413-10 C413-5 C4B-11 C4B-6 C413-12 C4B-13 1. Please find enclosed the revised City of Lubbock Bid Form for your bid submittal. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to or Email to: 139-01Lradd2 (806)775-2164 Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY F LUB Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. M .BID FORM. PROPOSAL CITY OF LUBBOCK GAS PROBE 10 & 11 REMEDIATION PLAN (PHASE 1) ITB # 139-01/LR ITB #139-01 /LR, Addendum #2 2001 Item Quantity No. & Unit Description of Item and Unit Price Total Amount BID ITEM NO. 1 — GAS WELL CONSTRUCTION A. 4,758 Drilling 24" Minimum Diameter Methane V.F. Remediation Wells from Ground Surface to Bottom of Hole including deposition of cuttings on to working face, at a unit price per vertical foot: Dollars and Cents ($ ) The total amount for Item A consists of: MATERIALS: $ LABOR: $ B. 5 Handling, hauling and disposing of incidental Tons asbestos containing materials that are encountered during the drilling of the vents, in accordance with all applicable federal, state and local regulations at a unit price per ton: Dollars and Cents ($ ) $ The total amount for Item B consists of: MATERIALS: $ LABOR: $ C. 1,522 6 -inch well casing, as specified, installed at a unit L.F. price per linear foot: 139-01 Lradd2 Dollars and Cents ($ ) $ The total amount for Item C consists of: MATERIALS: $ LABOR: $ ITB #139-011R, Addendum #2 Item Quantity No. & Unit Description of Item and Unit Price Total Amount D. 3,172 6 -inch well screen, as specified, installed at a unit L.F. price per linear foot: Dollars and Cents ($ ) $ The total amount for Item D consists of: MATERIALS: $ LABOR: $ E. 760 Gravel Filter Pack (Quantity based on 24" Tons diameter hole), Furnished and Placed in wells, as specified, at a unit price per ton: Dollars and Cents ($ ) The total amount for Item E consists of: MATERIALS: $ LABOR: $ F. 42 Hydrated Bentonite (Quantity Based on 24" CY diameter hole at depth specified), furnished and placed in wells as specified, at a unit price per cubic yard: Dollars and Cents ($ ) $ m The total amount for Item F consists of: MATERIALS: $ LABOR: $ G. 176 Soil/Bentonite Mix (Quantity Based on 24" r" CY diameter hole at depth specified), furnished and placed in wells as specified, at a unit price per cubic yard: Dollars and Cents ($ ) $ The total amount for Item G consists of: MATERIALS: $ LABOR. $ . H. 118 (3" wellhead) Furnish and install wellhead EA including all piping, valves, bends, and related appurtenances necessary to complete wellhead and tie well in to feeder piping as specified for the unit price per well: Dollars 139-01Lradd2 ITB #139-01/LR, Addendum #2 Item Quantity No. & Unit Description of Item and Unit Price Total Amount and Cents ($ ) $ r" The total amount for Item H consists of: MATERIALS: $ LABOR: $ I. 13 (6" wellhead) Furnish and install wellhead EA including all piping, valves, bends, and related appurtenances necessary to complete wellhead and tie well in to feeder piping as specified for the unit price per well: Dollars and Cents ($ ) $ The total amount for Item I consists of: MATERIALS: $ LABOR: $ J. 500 Abandonment Costs. In the event that drilling V.F. operation does not exceed a rate of 2 vertical feet per hour, then the Owner may direct the contractor to cease drilling operation and abandon the well. The well hole will then be filled with clean soil to a depth of three (3) feet from the surface. The top three (3) feet shall then be filled and compacted in lifts not to exceed 8 -inches to the final surface with a soil/bentonite mixture as specified in the technical specification of this document. The cost to abandon the hole, fill with clean soil and cap shall be at a unit price per vertical foot: Dollars and Cents ($ ) $ The total amount for. Item J consists of: MATERIALS: $ LABOR: $ Breakdown of Materials and Labor Incorporated into the Project, "P , Total Materials to be incorporated into Bid Item No. 1, $ 4 Total Labor, superintendence, equipment, supplies, etc., as necessary to construct Bid Item No. 1 $ Total Item No. 1 (All Items A -J) $ 139-01Lradd2 k ITB #139-01/LR, Addendum #2 Breakdown of Materials and Labor Incorporated into the Project: Total Materials to be incorporated into Base Bid Item No. 2, Total Labor, superintendence, equipment, supplies, etc., as necessary to construct Bid Item No. 2 Total Item No. 2 (All Items AA -BB) SUBMITTED on , 2001. AUTHORIZED SIGNATURE ATTEST SIGNATURE 139-O1Lradd2 Item No. Quantity & Unit Description of Item and Unit Price Total Amount BID ITEM NO. 2 — GAS DISPOSAL UNITS AA. i Gas Disposal Unit No. 1, furnished and installed, LS complete and in place as specified for the lump sum price of: Dollars and Cents ($ ) $ The total amount for Item AA consists of: .� MATERIALS: $ LABOR: $ BB. 1 Gas Disposal Unit No. 2, furnished and installed LS complete and in place as specified for the lump sum price of: Dollars and Cents ($ ) $ The total amount for Item BB consists of: -MATERIALS: $ LABOR: Breakdown of Materials and Labor Incorporated into the Project: Total Materials to be incorporated into Base Bid Item No. 2, Total Labor, superintendence, equipment, supplies, etc., as necessary to construct Bid Item No. 2 Total Item No. 2 (All Items AA -BB) SUBMITTED on , 2001. AUTHORIZED SIGNATURE ATTEST SIGNATURE 139-O1Lradd2 No Text City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 I"q PH: (806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #139-01/1-R, Addendum #1 ADDENDUM #1 ITB #139-01 /LR Gas Probes 10 and 11 Remediation Plan Phase 1 MAILED TO VENDOR: May 22, 2001 CLOSE DATE: May 25, 2001 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please find enclosed the revised City of Lubbock Bid Form for your bid submittal. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us 139-01LRadd1 THANK YOU, CITY F LUB K Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. No Text .BID FORM. r. PROPOSAL CITY OF LUBBOCK GAS PROBE 10 & 11 REMEDIATION PLAN (PHASE 1) ITB # 139-01/LR ITB #139-01/LR, Addendum #1 , 2001 Item Quantity No. & Unit Description of Item and Unit Price Total Amount BID ITEM NO. 1 — GAS WELL CONSTRUCTION A. 4,758 Drilling 24" Minimum Diameter Methane V.F. Remediation Wells from Ground Surface to Bottom of Hole including deposition of cuttings on to working face, at a unit price per vertical The total amount for Item A consists of: foot: Dollars and Cents ($ ) The total amount for Item A consists of: MATERIALS: $ LABOR: $ B. 5 Handling, hauling and disposing of incidental Tons asbestos containing materials that are encountered during the drilling of the vents, in accordance with all applicable federal, state and local regulations at a unitp rice per ton: Dollars and Cents ($ ) $ The total amount for Item B consists of: MATERIALS: $ LABOR: $ "' C. 1,522 6 -inch well casing, as specified, installed at a unit L.F. price per linear foot: .•� Dollars and Cents ($ ) $ .. The total amount for Item C consists of: MATERIALS: $ LABOR: $ 139-01LRadd1 ITB #139-011R, Addendum #1 Item Quantity No. & Unit Description of Item and Unit Price Total Amount D. 3,172 6 -inch well screen, as specified, installed at a unit L.F. price per linear foot: Dollars and Cents ($ ) The total amount for Item D consists of: MATERIALS: $ LABOR: $ E. 760 Gravel Filter Pack (Quantity based on 24" Tons diameter hole), Furnished and Placed in wells, as specified, at a unit price per ton: Dollars and Cents ($ ) $ The total amount for Item E consists of: MATERIALS: $ LABOR: $ F. 42 Hydrated Bentonite (Quantity Based on 24" CY diameter hole at depth specified), furnished and placed in wells as specified, at a unit price per cubic yard: Dollars and Cents ($ ) $ The total amount for Item F consists of: MATERIALS: $ LABOR: $ G. 176 Soil/Bentonite Mix (Quantity Based on 24" CY diameter hole at depth specified), furnished and placed in wells as specified, at a unit price per cubic yard: Dollars and Cents ($ ) $ The total amount for Item G consists of: MATERIALS: $ LABOR: $ H. 131 Furnish and install wellhead including all piping, EA valves, bends, and related appurtenances .- necessary to complete wellhead and tie well in to feeder piping as specified for the unit price per well: Dollars and Cents ($ 1 $ 139-01LRadd1 i-* ITB #139-01/LR, Addendum #1 Item Quantity No. & Unit Description of Item and Unit Price Total Amount The total amount for Item H consists of: MATERIALS: $ LABOR: $ L 500 Abandonment Costs. In the event that drilling V.F. operation does not exceed a rate of 2 vertical feet per hour, then the Owner may direct the contractor to cease drilling operation and abandon the well. The well hole will then be filled with clean soil to a depth of three (3) feet from the surface. The top three (3) feet shall then be filled and compacted in lifts not to exceed 8 -inches to the final surface with a soil/bentonite mixture as specified in the technical specification of this .�, document. The cost to abandon the hole, fill with clean soil and cap shall be at a unit price per vertical foot: Dollars and Cents ($ ) $ The total amount for Item I consists of: W MATERIALS: $ LABOR: $ r'! Breakdown of Materials and Labor Incorporated into the Project, Total Materials to be incorporated into Bid Item No. 1, $ Total Labor, superintendence, equipment, supplies, etc., as necessary to construct Bid Item No. 1 $ Total Item No. l (All Items A -I) $ 139-01LRadd1 w�+ ITB #139-01/LR, Addendum #1 Item Quantity No. & Unit Description of Item and Unit Price Total Amount BID ITEM NO. 2 — GAS DISPOSAL UNITS AA. 1 Gas Disposal Unit No. 1, furnished and installed, LS complete and in place as specified for the lump sum price of: Dollars and Cents ($ ) The total amount for item AA consists of: MATERIALS: $ LABOR: $ BB. 1 Gas Disposal Unit No. 2, furnished and installed LS complete and in place as specified for the lump sum price of: Dollars and Cents ($ ) $ The total amount for Item BB consists of: MATERIALS: $ LABOR: Breakdown of Materials and Labor Incorporated into the Project: Total Materials to be incorporated into Base Bid Item No. 2, $ Total Labor, superintendence, equipment, supplies, etc., as necessary to construct Bid Item No. 2 $ Total Item No. 2 (All Items AA -BB) SUBMITTED on AUTHORIZED SIGNATURE ATTEST SIGNATURE 139-01LRadd1 2001. CITY OF LUBBOCK INVITATION TO BID FOR TITLE: EMERGENCY GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1) ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 139-01/1-R PROJECT NUMBER: 8439.8302.40000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT .n P" E SECTION 00003 TABLE OF CONTENTS CITY OF LUBBOCK, TEXAS MUNICIPAL SOLID WASTE LANDFILL GAS PROBE 10 & 11 REMEDIATION PLAN (PHASE 1) DIVISION 0 - CONDITIONS OF THE CONTRACT Notice to Bidders General Instructions to Bidders Bid Submittal and Bid Form List of Subcontractors Insurance Requirement Affidavit Payment Bond Performance Bond Certificate of Insurance Contract General Conditions of the Agreement Current Wage Determinations 00805 Supplementary General Conditions DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work 01019 Contract Considerations 01025 Measurement and Payment 01039 Coordination and Meetings 01090 Reference Standards 01300 Submittals 01400 Quality Control 01500 Construction Facilities and Temporary Controls 01560 Environmental Protection 01600 Material and Equipment 01650 Facility Start -Up and Commissioning 01700 Contract Closeout DIVISION 2 - SITE WORK 02147 Landfill Gas Wells DIVISIONS 3 - 14 Not Required 01267793 TABLE OF CONTENTS 04/01 NUMBER OF PAGES 1 8 7 1 1 2 2 3 19 3 6 2 1 3 3 3 2 4 2 2 R DIVISION 15 - MECHANICAL 15855 Landfill Gas Handling System (Blower Skid) 3 15860 Landfill Gas Open Flare System 5 DIVISION 16 - ELECTRICAL Not Required APPENDIX A - Form 1 Gas Well Construction Log 1 APPENDIX B - Project Drawings A IV4 lwR 01267793 TABLE OF CONTENTS 00003-2 04/01 No Text NOTICE TO BIDDERS ITB #139-01/LR Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 25th day of May, 2001, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project. "EMERGENCY GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1)" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on the 25th day of May, 2001, and the City of Lubbock City Council will consider the bids on the 10th day of June, 2001, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in ,:� the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a .+ guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13th Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable charge per set. Plans and specifications may be obtained through Parkhill, Smith & Cooper, Inc., 4422 85th Street, Lubbock, Texas 79423, Phone: 806.473.2200. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. 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 Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernons Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all 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. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- * 2281 at least 48 hours in advance of the meeting. er CITY OF LUBBOCK &ZI VICTOR KILMAN PURCHASING MANAGER K No Text GENERAL INSTRUCTIONS TO BIDDERS ^-^+ 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish EMERGENCY GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1) per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 25th day of May, 2001 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: 'ITB #139-01/LR, EMERGENCY GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1)" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: I2 Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 ADDENDA & MODIFICATIONS 2.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. Vi 2.2 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 Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. 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 Department no later than five (5) days before the bid closing date. 2.3 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 Department 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. 2.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. I2 3 EXAMINATION OF DOCUMENTS AND REQUIREMENTS ,�- 3.1 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. 3.2 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. 3.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, -shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager 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 Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 4 BID PREPARATION COSTS 4.1 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. 4.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 4.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 5 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 5.1 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. 5.2 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. 5.3 Marking your entire bid CON FIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 6 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 7 CONFLICT OF INTEREST 7.1 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. 7.2 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. 8 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 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. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the 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 Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. ' 11.2 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: LAURA RITCHIE, SENIOR BUYER City of Lubbock 162513 th Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: Iritchie@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within EIGHTY (80) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 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. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 14 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 15 MATERIALS AND WORKMANSHIP IN 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 k _ procure a satisfactory project. 16 GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 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. , r 16.3 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. 16.4 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. 17 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his 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. 18 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. .., (c) Equipment schedule. 19 TEXAS STATE SALES TAX 19.1 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. n 19.2 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. 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 21 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 22 EXPLOSIVES 22.1 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. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 23 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 24 INSURANCE 24.1 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. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 25 LABOR AND WORKING HOURS 25.1 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 Article 5159a, Vernon's Annotated Civil Statutes 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 these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on 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. 25.2 Before construction work requiring an inspector is to be performed on weekends 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 weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. ' 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his r" particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 27 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 If the bid is submitted by individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals maybe withdrawn and resubmitted at anytime before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. .+ (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered *�^ incorporated by reference into the aforementioned contract documents. 30 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. t 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 8. 31.2 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. 31.3 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. 31.4 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. .., 31.5 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. 31.6 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. No Text WestMar Inc. 464 Bones Chapel Road Whitesboro, Texas 76273=7367 903-564-6302 /Fax 903-564-7367 QUOTATION To: City of Lubbock RE: City of Lubbock 1625 13'hStreet Emergency Gas Probes 10 & 11 Remediation Plan #139-01/LR Lubbock, Texas 79401 Dear Mr. Kilman Quotation No: 200162 CC: MP Andrews, Fred Yates West.Mar, Inc. (WMI) is pleased to submit this quotation in response to your inquiry referenced herein. This quota im is subject to only those tears and conditions of sale vibich are ad forth m the reverse side of tho page. Anypurchase order pum act to this quotation d=11 not rewh in a contract until a work order omtrad or other document authorimg the work is accepted and acimowledged by WNM This quotation is firm for 30 days. To provide and install the Emergency gas probes and other items as required at the City of Lubbock Landfill in Lubbock Texas as per the plans and specifications as prepared by PSC dated April 2001. The bid form is attached and complies with all plans and specifications except where noted below. The work is anticipated to start upon acceptance of a signed work order by our Whitesboro office. It „ is anticipated that the material and supplies will be stock items and that the work will be completed with in the eight weeks as specified for the wells, and within 8 weeks from acceptance of the plans and drawings from the flare manufacturer. The quote does not include permits, surveying, as builds, soil and erosion plans, de -watering, condensate trap, installation of the piping from the wells to the flare stations, re -vegetation, disposal cost of the trash excavated, foundation for the flares, electrical service to the flare, fencing, or stack testing. The well valves will be weld in lime valves sized as specified. The propane and Nitrogen for the flare is not included. We thank you for the opportunity to Quote. Sincerely, WestMar, Inc. Mark D. Westerman Vice President .". BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: M AV 2 Sr 2x)e> ) PROJECT NUMBER: #139-01 — EMERGENCY GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1) Bid of 1/V PS % ri'tf. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) E , Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of EMERGENCY GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1), having carefully examined the plans, specifications, instructions to bidders, notice to I"" 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 on Bid Form. -he 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 on Bid Form of this bid. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 80 (EIGHTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $150.00 (ONE HUNDRED FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. r The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) 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. �+ s .". BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: M AV 2 Sr 2x)e> ) PROJECT NUMBER: #139-01 — EMERGENCY GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1) Bid of 1/V PS % ri'tf. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) E , Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of EMERGENCY GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1), having carefully examined the plans, specifications, instructions to bidders, notice to I"" 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 on Bid Form. -he 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 on Bid Form of this bid. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 80 (EIGHTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $150.00 (ONE HUNDRED FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. r The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Y FU Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or r* certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of + 4k.s tw"kwnc{t )V)*re ,(�rpoilars 6s ($ 3O��gy,�� ), 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 fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM (Seal�if-Bidder'is a'aorooration) A,, TE -St Secretary Date: ii A y 2-,5, -KO® i X 1 l Auttiprized Signature M IC" e I lam, AqC1 (Printed or Typed Name) - Y✓� �T � I�-l�, .L tU c. Company 146, q "Wel Address i, //. Bidder acknowledges receipt of the following addenda: Cit County Addenda No. i Date Sita (0 i n Addenda No. �- Date__S/ dr Addenda No. Date Addenda No. Date M/WBE Firm: WW 2 7f�Z7.3 State Z�ip Code Telephone: 903- 5"`G V/-6 3& Z Fax: __Q p 3 - 5-& g- 736 7 e Rn LIST OF SUBCONTRACTORS ..w Minority Owned Yes No 2. El 3. 4. 5. 6. 7. — — 8. — — s,,,,❑ 9. El loo ❑ ❑ s 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If 1 am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) 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/proposal. Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: M A2lc h (Print or Type ) CONTRACTOR'S FIRM ADDRESS: 461/ Aeryis 04� WA) I x 7762-73 Name of Agent/Broker: rwOCe S9e,-)e, e- Address of Agent/Broker: l Z z Z. Z fil &-Z n- I Of , S« , 7-4 6,0 ., City/State/Zip: �cA S >c4 sS 2 -S-/- 32 9 c f Agent/Broker Telephone Number: ( 57 z ) q19 7 5c® Date:_ S - Z 5-0 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and " award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasinq Manaqer for the Citv of Lubbock at (806) 775-2165. ITB #139-01/LR - EMERGENCY GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1) 4 00 rook tr•e Pat wr, b PM T Inc Westmar 01903-564-7367 972-419-7555 Page: 001-002 nre: varesrvi ,Imo: o• ACORN,. -CERTIFICATE OF LIABILITY INSURANCE 05/1$ 2001 PRODUCER (972)419-7500 FAX (972)419-7555 Sleeper Sewell & Company 12222 Merit Dr., Suite 600 Dallas, TX 75251-3294 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED WESTMAR, INC. 464 BONES CHAPEL ROAD WH TESBORO, TX 76273-7367 INSURER A• Gulf Underwriters Ins. Co./CRUMP GROUP INSURER 6- Fireman's Fund County Mutual/CRUMP GROUP INSURER C: RLI Ins. Co. /CRUMP INSURER D: American National Fire/CRUMP GROUP INSURERS v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRENENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE OD flOfV LIMITS AUTHORRED REPRESENTATIVE GENERAL LIABILITY 0693383 03/06/2001 03/06/2002 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 X C(M41ERCIAL GENERAL LIABILITY MED EKP (Any one person) S 5,000 CLAWIS MAOE � OCCUR PERSONAL 8 ADV INJURY S 1,000,000 A T GENERAL AGGREGATE $ 2,000,000 GEN`L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY PRC LOC AUTOMOBILE LIABILITY EIA14021051 03/06/2001 03/06/2002 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 ANY AUTO BODILYINJURY $ ALL CWNEDAUTOS X (Per person) B SCHEDULED AUTOS X HIRED AUTOS BODILYINJURY $ X NCNB -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ — (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACG S ANY AUTO AUTO ONLY: AGO $ EXCESS LIABILITY DUL0047972 03/06/2001 03/06/2002 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1, 000, 000 X OCCUR 0 CLAIMS MADE $ C $ DEDUCTIBLE $ X RETENTION $ ILO, 000 WORKERS COMPENSATION AND TORY UMITS I I ER EL. EACH ACCIDENT $ EMPLOYERS' LIABILITY E. L. DISEASE - EA EMPLOYEf $ E.LOISEASE - POLICY LW 1 $ ER IM957510205 03/29/2001 03/29/2002 OWNED EQUIPMENT $335,806 D NT FLOATER [EDUCTIBLE ALL LEASED EQUIP $1,000,000 $500 ANY ONE ITEM LEASED $200,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS FOR BID INFORMATION: CITY WILL BE NAMED AS ADDITIONAL INSURED FOR LIABILITY COVERAGES F INSURED IS SUCCESSFUL IN WINNING THE BID E: EMERGENCY GAS PROBE #10 & #11, REMEDIATION PLAN PHASE ONE r4%.rJew w -a brat I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILIENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF LUBBOCK (2) BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1623 13TH RM L04 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORRED REPRESENTATIVE LUBBOCK, TX 79401 William Sleeper 021/094 �e.+nnn rnnnnnerrnkr anon r4%.rJew w -a brat I D :QR ate: 05/23/01 Time: 09:16 PM To: Inc. Westmar @ 1903-569-7367 972-919-7555 Page: Ouz-vuz IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7197) 0 May -22-01 03:22pm From -CITY OF LUBBOCK-PURCHASING BID FORM. 8067752164 PROPOSAL CITY OF LUBBOCK GAS PROBE 10 & 11 REMEDIATION PLAN (PRASE 1) ITB # 139-01/LR T-003 P.02/08 F-644 ITS #139-01/LR, Addendum #2 MA 4 Z- 5= - . 2,001 Item Quantity No. & Unit Description of Item and Unit Price Total Amount BID ITEM NO. 1 - GAS WELL CONSTRUCTION A. 4,758 Drilling 24" Minimum Diameter Methane V. F. Remediation Wells from Ground Surface to Bottom of Hole including deposition of cuttings on to working face, at a unit price per vertical foot: jj 74'1 t i`� -' lV-e- Dollars f �3� oL S, ' and .69 -Cents ($ � 0U _ The total amount for Item A consists of: MATERIALS: $ 12-Z &06' LABOR: $ `- 5-,30, B. S Handling, hauling and disposing of incidental Tons asbestos containing materials that are encountered during die drilling of the vents, in accordance with all applicable federal, state and local regulations at a unit price per ton: W U Oulu 3� ai, 1]anA TTY _Dollars and Cents ($ 2. S0 xK ) $ 2 �U_cb The total amount for Item B consists of: MATERIALS: $ `4;�_ LABOR: $ 12 5-0,0.0 C. 1,522 6 -inch well casing, as specified, installed at a unit L.F. price per linear foot: C L_ 9,V46,AJ Dollars and '& Cents ($ (o ) $ llo! 7q? 139-0 i Lradd2 The total amount for Item C consists of: MATERIALS: $ g ooh • ov LABOR: $ 8 741 -2—. as -, May -22-01 03:22pm From -CITY OF LUBBOCK-PURCHASING 8067752164 T-003 P.03/06 F-644 ITB #139 -01/I R, Addendum #2 Item Quantity No. & Unit Description of Item and Unit Price Total Amount .., D. 3,172 6 -inch well screen, as specified, installed at a unit L.F. price per linear foot: lir' T Dollars cd and 'Cents ($ r�. a S ) $ 2 c 9 � The total amount for Item D consists of: ` MATERIALS: S i3, .aa o0 LABOR: S /6 9 , cov E. 760 Gravel Filter Pack (Quantity based on 24" Tons diameter hole), Furnished and Placed in wells, as specified, at a unit price per ton: Dollars and -& Cents ($ 36. Uy ) $ ?—:r 360.00 The total amount for Item E consists of: MATERIALS: $ ZD o 00 C)b LABOR: S iz 3 coo e"d F. 42 hydrated Bentonite (Quantity Based on 24" CY diameter hole at depth specified), furnished and placed in wells as specifie4,at unir rice per cubic yard: P2 �wtlLreC�2��Gt�Dollars and `60L Cents ($ ��7�, 0d 0 1/y The total amount for Item F consists of: MATERIALS: $ / 0, acc , u® LABOR: $ 6' a ely' 04> G. 176 Soil/Bentonite Mix (Quantity Based on 24" CY diameter hole at depth specified), furnished and placed in wells s specified, at a unit price per cubic yard: + i -``E N i lue- Dollars and -f-- Cents ($ 5 7, ov ) $ —60, 38 IV ©` The total amount for Item G consists of: MATERIALS: $'7 a a 0 oo LABOR: $ 3`3*14evd H. 118 (3" wellhead) Furnish and install wellhead EA including all piping, valves, bends, and related appurtenances necessary to complete wellhead and tie well in to feeder piping asspecified for the unit price per well:- oeh s�ti n;v ollars 139-01 Lradd2 e4�a tilay-22-01 03:23pm From -CITY OF LUBBOCK-PURCHASING 8067752164 Item Quantity No. & Unit Description of Item and Unit Price and -_-o,4L Cents ($ 5-6 5,yo ) The total amount for Item I4 consists of: MATERIALS: $ 0"000' U0 LABOR. $ ? / e4 Z ,00 T-003 P.04/06 F-644 ITB #139-01ILR, Addendum #2 Total Amount � ia2. ®o 1. 13 (6" wellhead) Furnisb and install wellhead EA including all piping, valves, bends, and related appurtenances necessary to complete wellhead and rie well in to feeder piping as specified for the unit price per well:.//Akw at&WVr{4y7P1.rpollars and Cents ($ The total amount for Item I consists of: MATERIALS: $ 20 dv, 00 LABOR: $ / 5-04 '0- J. 500 Abandonment Costs. In the event that drilling V.F. operation does not exceed a rate of 2 vertical feet per hour, than the Owner may direct the contractor to cease drilling operation and abandon the well. The well hole will then be filled with clean soil to a depth of three (3) feet from the surface. The top three (3) feet shall then be filled and compacted in lifts not to exceed 8 -inches to the final surface with a soil/bentonite mixture as specified in the technical specification of this document. The cost to abandon the hole, fill with clean soil and cap shall be at a unit price per vertical foot; 7 ,r�i -l^1 u-?------ Dollars and 9- Cents ($ S', 00 ) $ The total amount for Item J consists of: MATERIALS: $ .; O& ov LABOR: $ _L7. vv Breakdown of Materials and Labor Incorporated into the Project, Total Materials to be incorporated into Bid Item No. 1, $ S 4 3O, d b Total Labor, superintendence, equipment, supplies, etc., as necessary to construe[ Bid Item No. 1 $_ % e 24 5-13, pv Total Item No. 1 (All Items A -J) $_ 3 5 7 a 3, d-6 139-01Lradd2 r May -22-01 03:23pm, From -CITY OF LUBBOCK-PURCHASING 8067752164 T-003 P.05/06 F-644 ITB #139-01/LR, Addendum #2 Item Quantity No. & Unit Description of Item and Unit Price Total Amount BID ITEM NO. 2 - GAS DISPOSAL UNITS AA. 1 Gas Disposal Unit No. 1, furnished and installed, LS complete and in place as specified for the lump sum price of: 4>4 e h 4 � k,.r- o" sem. 6%,P- ku d co C.z Ai_1_f)2Ws and AG�- Cents $ I Z ', f 3 The total amount for Item AA consists of: AC040 MATERIALS: $ Vii'" / 1 3.ogg, e&, LABOR: $ 1, 0 q(0, 00 BB. 1 Gas Disposal Unit No. 2, furnished and installed LS complete and in place as spepifled for the lump sum price of: osae A'WC1' tuAe44 fGo«sc"cf a�EU,u�rPci �r� �e Dollars and Cents ($ 1 Z y, 13 = ) $ 12 yr 13 The total amount for Item BB consists of: MATERI.ALS: $ 113,0005, AD LABOR: f /, oyc' 00 Breakdown of Materials and Labor Incorporated into the Project: Total Materials to be incorporated into Base Bid Item No. 2, Total Labor, superintendence, equipment, supplies, etc., as necessary to construct Bid Item No_ 2 Total Item No. 2 (All Items AA -BB) SUBMITTED on NAY , 2001. AUIVORIZED SIG A RL vlw_�A' ATTEST SIGNATURE 139-01 t-radd2 $ 2 ? of z_ U No Text f r r 1 CUMBERLAND CASUALTY & SURETY COMPANY POWER OF ATTORNEY TAMPA, FLORIDA PRINCIPAL: WESTMAR, INC. EFFECTIVE DATE: 5-25-2001 464 Bones Chanel Rd Whitesboro TX 76273 (STREET ADDRESS) (CITY) (STATE) (ZIP CODE) CONTRACT AMOUNT: Bid Bond Five percent of GAB AMOUNT OF BOND: $ 5% GAB POWER NO. CC - 29710 KNOW ALL MEN BY THESE PRESENTS: That Cumberland Casualty & Surety Company, a corporation duly organized under the laws of the State of Florida, having its principal office in the City of Tampa, Florida, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 15th day of April, 1999, to wit: "Resolved, that the President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as attorney(s)-in-fact, such persons, firms, or corporations as may be selected from time to time. Be it Further Resolved, that the signature of the President, Secretary and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or consents for the release of retained percentages and/or final estimates on engineering and construction contracts or similar authority or undertaking to which it is -attached." Cumberland Casualty & Surety Company does hereby make, constitute and appoint Ross arrett or Debbie Mitchell or Karen Hutcherson its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed ($2,000,000.00) dollars. And to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of Cumberland Casualty & Surety Company, and all the acts of said attorney(s)-in-fact pursuant to the authority herein given, and hereby ratified and confirmed. IN WITNESS WHEREOF, Cumberland Casualty & Surety Company has caused these presents to be signed by an officer of the Company and its Corporate Seal to be hereto affixed. CUMBE AND C SU LTY & SURETY COMPANY SEAL yet ward J. enfield IV, President STATE OF FLORIDA ) SS COUNTY OF HILLSBOROUGH) On this 15th day of April, A.D. 1999, before me personally came Edward J. Edenfield IV, to me known, who being by me duly sworn did depose and say; that he resides in the County of Hillsborough, State of Florida; that he is President of Cumberland Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. ,�•}' T"`"' UB OvP&mBeverly Ann Jerry «: C��Commission # CC 758867ExpifO DED THRust , 2002 Beverly Ann J o ROS �oJ 40F P� ATLANTIC BONDING CO.. INC. My commission expires touGM STATE OF FLORIDA ) SS COUNTY OF HILLSBOROUGH) I, the undersigned, Secretary of Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full ixor�el `' Signed and Sealed at the City of Tampa. Dated the __g5thday of MaV 2001 S>�AL C S. ack, Secretary �16't THIS BOND NOT VALID'VNLESS PRINTED ON GREEN PAPER WestMar Inc. 464 Bones Chapel Road Whitesboro, Texas 76273-7367 t. 903-564-63021 Fax 903-564-7367 QUOTATION To: City of Lubbock RE: City of Lubbock 1625 13"` Street Emergency Gas Probes 10 & 11 Remediation Plan #139-01/LR Lubbock, Texas 79401 Quotation No: 200162 Dear Mr. Kilman CC: MP Andrews, Fred Yates WestMar, Inc. (VMI) is pleased to submit this quotation in response to your inquiry referenced herein. This quotation is subject to mly those teams and conditions of sale vdhic h are set forth on the reverse side of this page. Any purchase order pursuant to this quotation shall not result in a contract until a work order contract or other document authorizing the work is accepted and acimowledged by WML This quotation is firm for 30 days. To provide and install the Emergency gas probes and other items as required at the City of Lubbock Q Landfill in Lubbock Texas as per the plans and specifications as prepared by PSC dated April 2001. The bid form is attached and complies with all plans and specifications except where noted below. The work is anticipated to start upon acceptance of a signed work order by our Whitesboro office. It is anticipated that the material and supplies will be stock items and that the work will be completed with in the eight weeks as specified for the wells, and within 8 weeks from acceptance of the plans and drawings from the flare manufacturer. The quote does not include permits, surveying, as builds, soil and erosion plans, de -watering, condensate trap, installation of the piping from the wells to the flare stations, re -vegetation, disposal cost of the trash excavated, foundation for the flares, electrical service to the flare, fencing, or stack testing. The well valves will be weld in lime valves sized as specified. The propane and Nitrogen for the flare is not included. We thank you for the opportunity to Quote. Sincerely, WestMar, Inc. Mark D. Westerman. Vice President PAYMENT BOND BOND CHECK BEST RATINGf—Z L LICENSED TEXAS DATE RY .sem, wo" PAYMENT BOND BOND CHECK BEST RATINGf—Z L LICENSED TEXAS DATE RY v■* STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that %Uav_S0nPR, Jnr-. (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Su�et�y,(s), are held and firmly bound unto the City of Lubbock (hereinafter called the S/ l re �� -t ti-usa.t Obligee), in the amount of c_,•a;,. t "any; � Dollars ($ kZ fq3,vo ) lawful money of the United States for the paymen wt hereof, the said Ffincipal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.,, WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ !1 day of Sti.n-P-- , 20 01 , to —0/141P, ('41 A'06e S l0 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 days of�r 37"4 we. 20 ,jam. J f 4 m �x-1 ftr+ul ( QS it -tYf 3 ��+- �"C �• (� at :t iiili"` �iJ121 /��. ; �°I e . Surety�(Company Name) *By:. B i `c P—Vg (�tJLS i e.—' a2 Y : Y (Title) (Printed Name) 4 -4 (Signature) 1 , ..-, _ (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates -ltw u C'aclac� 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 - f� (Title) '�0.SSf^A'fL fi ?7C." in- eT Approved as to form: City of Lubbock City Attorney Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 OF ATTORNEY z�= 4�� iazap�� xa Whitesboro, s. , TX 76273-7367 ;'. (3TREEI AADRFSS) �Crry) (ZIP CODE) v (STATE) .. - S�.� Hundred Five Thousand .: .. , CONTRACT` AMOUNT E1Qht HunclrPA Ni nca+v_Tl, r.��. .... /� nnA XX^T TIL Tr ^n n^XTT�_ a >, xivuw ti1,t, iv11N, t3Y THESE PRESENTS; That"Cumberland Casualty & Surety Company, a corporation dulyorganized under the laws of the State of. Florida, Navin its rincipal officem the Ci o -T ara a g, P typ Florida, pursuant to the following resolution adopted by the Board of Directors of the said Company on the 15th day of April, i999, to, wit:', ro.^ . "Resolved, that [lie{l'residenti of the Company shall have"authority to make, execute and, delrtver a Power of Attorney constituting as .. attorney {s) -in -fact, such persons firms or, corporations as may be selected from time to time. B �* e WFurther Resolved that the signature of the President, Secretary and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seat shall be valid and binding upon the Company in the future with respect to any bond or consents for the release of retained percentages and/or final estimates on engineering and constriction contracts or similar authority or undertaking to whichh it' is ttached." Cumberland Casualty & Surety Company does hereby make, constitute and appoint Ross Garrett or Debbie Mitchell Karen Hutcherson its true an, tkorney(s}nrfacx �'witl fiill power and authority hereby conferred in its name, place and stead to sign execute acknowledge and delayer m its Behalf, and ttsctand'deed, as follows. The obli` at on ofr e C ri e shall not exceed 4h o. pang' m ($2,000,00000) dollars.` And to bifid Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of Cumberland Casualty &Surety Company, and all the acts � of said attorneyms)-fact pursuant to the authority herein given, and hereby rattfied and ed � •: -.- 1` `IN WITNESS` REOF, Cumberland'Casualty &Surety Company has caused these presents to be signed by an officer of the Company and its Corporate Seal to be hereto affixed. " � - field IV, President --,-�„•,- i >-, •...y . w.u. a .avaau -0, a:yvw ivactu a v, me Known, wno,Demg Dy me duly swore did- . � a � �. . depose and say, that lie resides in the County of Hillsborough, State of Florida; that he is President of Cumberland Casualty & Surety Company, the a corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal, that it was so axed by order of the Board of Directors of said corporation and that he signed his name, thereto w by like order i : z- S1 Ann Beverly/ AIlil J8ffy ru.ue z c, o ommission # CC 758867 ? 9 Expires August 22, 2002 RI SOF F�BONDED THRU � everly Ann J ATLANTIC BONDING CO INC.MY commission expires STA77E O_ COUly'X OP HIL%SBORO�JGS) r s r I, the undersigned, SecFetary:Of Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing and” Bit OF ATTORNEY remains m full force POIpp D fit. EC K. .�" BEST RATS,._ LICENSED TEXAS DATE BY s-, PERFORMANCE BOND .-• C59 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 16ilt"/ x'-rynlxt (hereinafter called the Principal(s), as Principal(s), and d(k04A)P-P-144 � Sqre--V-z4-- U'WWd"Jq' (hereinafter called the Sure t (4 , gs 2ur ty�) are held a d firmly and unto the City Lubbock (hereinafter called the Obligee), in the amount of �, ` "<< er �� eco Dollars ($605 3:co) lawful money of the United States for the paymenl whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the l ay of 20 ®l, to g A 13 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��` "r^ day of -A 20_L, (�fttae f, 1'14't (�'-a<ita �� t7 Jata e�flu r � Ar^ Surety P ` � (Company Name ) * By. � ` � By. V40a r I _ " (Printed Name) (Signature) (Title) w v 4 a The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby -p'+ designates 1 ocuda,(&..&yuan agent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of process may be had in matters arising out of such suretyship. ,..�, Ctmber d Cls"t Surety y: Approved as to Form City of Lubbock p City Attorney Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 x CO'N of Florida, having its principal office in the'C Company.:on the 15th day of April,"1999, tt esolyed, that the Presidpat `of_ attorney(sj=tn-fact, `such persons, firths, or' $e tt Further Resolved, that the s .. Attorney or any certificate relating . thereto by valid and bindin the m Co S n Pany in th on`engineering and construction contracts'o Cumberland Casualty & Surety Company do or Karen Hui 7 its true and lawful attatney(s) in! with ful the duly authorized officer of, Cumberland Cali and hereby ratified and Confirmed V" WHEREOF, `Ciiml Company and its Corporate Seal to be here On thts'ISih day of April'AA D 1999, before me personally came Edward J: Edenfield IV, tome known, who being by me duly sworti'dtd depose and say, that he resides in the County of Hillsborough, State of Florida; that he is President of Cumberland Casualty &Surety Company, the corporation described m and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments „ts such corporate seal, that a was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order r i1 a ��� jj p&*��Beverly Ann Jerry + x 6Commisslon # CC 758867 3 _ .....a. 9 �R Expires August 22, 2002. -$Of FWBONDED THAU everly Ann J ATLANTIC BONDING CO INC My commission expires STATE OF a �°tcuc>N fl COUNTY OF HHUBOROUGH); I t uljd�rstgned,'SgCtetary of Cumberland Casualty &Surety Company, a Flonda Corporaaon, DO HEREBY CERTIFY that the foregoing and attached POUR OF AORNEY remains in full forge St ned n lSeal plat the Ci of Tam a `'" -~ g a ty P x � � Dated the 25th ,. day of . r S�9C S k Secretary, 01 �y twTTiIS S PRIM B NCfTa IAJ[ ID"C� r� OND SSED ON GREEN PAPER ` r-� r�+ t-, CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE PAOOUCER: Marsh USA, Inc. 500 West Monroe Street REVISED ISSUE DATE. THrg CERTHCATE LS ISSUED AS A I tAT1RA p!< IIMPURI.WTIQN ONLY AND CONFERS NOf RIGHTS UPON THE CERTIFICATE HOLDER. THrb CERTI!•iCgTE DOES NOT AMEND, C ONFE OR RIG THE COVERAG@ AFFORDED BY TitE ►+OUClES yELOW. INSURED: . (3121-627-6000) COMPANIES AFFORDING COVERAGE Certified Systems, Inc., all subsidiary and af(iliated Companies COMPANY A: 3218 Hwy. 67 National Fire Insurance Company Of Hartford Mes uite TX 75150 co.: COMPANY E1: cD.EuacovERi cuErMr Westmar, Inc. - OK #5970040 COMPANY C: Rt. 1, sox 23 Sentinel, OK 73664_ 1 COMPANY D: COVERAGES THIS IS TO CERTIFY THAT THE POLiCIFS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OT14ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TMC INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. a+w LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GEtyERAL LiABLLITY DATE (MM1OD/YYI DATE (MMloofyyl UMITS COMMERCIAL GENERA! I.IABRI7y ORAL A .GATE $ !Tale CLAIMS MADE PRODUCTS - S OCCUR CDI+RIO►aGG. OIMMER'S b CONTRACTOR'S PROT. PEA30NAe & ADV w+Uny S _. EACH OCCURRENCE S FIRE I)ANAGE(Ary Ov Fuel AUTOMOBILE LIABILITY "`EO PE" VIM 0-0.—u ., ANY AUTO ALL OWNED AUTOS SCHFOULCO AUTOS HInEO AUTOS NON•OWNEO AUTOS BARAGE UAtliUTY EXCESS LIABILITY UMBRELLA FORM �.....:; OTHER THAN ULIBRELLA FORM mw A WORKERS' COMPENSATION AND WC 2 47908541 EMPLOYERS' LIABIUTY COVERAGE APPLIES ONLY TO CSI EMPLOYEES DESCRIPTION OF OPERATIONS/LOCATIONIVEH(CLES/SPECIAL ITEMS. Waiver of Subrogation in favor of Certificate Holder_ e CERTIFICATE HOLDER City of Lubbock 1623 13th RM L04 Lubbock, TX 79401 A*A IIlR GOYYNeb W,Rg CWR BODILY INtufty tPer Pe, 4 BODILY W101Y !Por Acde/wn EACH STATUTURV LIMITS 03/01101 1 03/01/04 DISEASE - POUCV UMIr D WlgSE - EACH EMPLOI Westmar, Inc. - OK #5970040 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE. THEREOF. THE ISSUING COMPANY WILL ENDEAVOR THE HOLDER NAtu1E TO MAIL 30 DAYS WRITTEN NOTICE TO THD TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION LIABILITY OF ANY K ORR REPRESENTATIVES. )NO UPON THE COMPANY, ITS AGENTS AUTiiOR1ZEJ] p�PRESENTATtVE; WO OPrA CERTIFICATE OF INSURANCE Marsh USA, Inc. 500 West Monroe Street Chica, iL 60661-3630 wsufir i3 7 2-627-60� Certified Systems, Inc., a(I subsidiary and affiliated Companies 3218 Hwy. 67 Westmar, Inc. 115970048 464 Bones Chapel Rd. Whitesboro. TX 76273 REVISED ISSUE DArF- THIS CERTIFICATE IS ISSUCO ASA MATTEROF fNFOAMgTION ONLY AND COIJfEAS NO/FiIGHT15 UPON THF CERTIFICATE 1'fO1.DCR. THIS CEl1TIFICATE S AGLOW_ ENDOES NOT AMD, F><TENO Dr2 ALTER 7HE CDVERgGE AFFORDED DY THE POLI E COMPANIES AFFORDING COVERAGE COMPANY A: Continental Casualty Company COMPANY a: COMPANY C: COMPANY 0: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN_ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN T SITH RES E ALL THE TERMS.THIS E7CCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY GATE (MAAIDDIYYI DATE: IMMIDD/YY) LIMITS COMMCRCIAL GENLnAL LIABILITY EEMERAL^CCftEGATt S CLAWS MADZ OCCUR MOOUCTS - COMPIOP ACC_ OWNER'S 8 CONTAACTDR•S PR07. PERSONAL i AOV RIRy 5LR S FwCH QCCURq$ICE S nAE OAMAQEW., On RM AUTOMoRILE LIABILITY MWAxPINcs IA„YQ,KfyueM OWNED LIABILITY .tA FORM CUNYWEO CU., eQOIIV IWUAY Pw Pra�N 90fbLY WJURV Wr PW,.W PROPERTY DAMAGE ". i nen HAN OMORE1Lq r-0RM EACH OCCURRENCE $ WORKERS' CONIPENSAYION AC.Gn t`" : s A STATtIMAY LICUIS AND V11C 2 47909298 03/01ro1 D3101,04 EACII ACCIDENT EMPLOYERS' LIABILITY $1 000 01 yy DIS@ASE - POLICY UAAr $1000,001 !� COVERAGE APPLIES ONLY TO CSl EMPLOYEES LEASED SY: WeSiTl7ar, Inc.ry5970048CHSEASE-EACEIEMPLOYFF DESCRIPTION OF OPERATIONSILOCATION/VEHICLESISPECtAL ITEMS. �1 000 Waiver of Subrogation in favor of Certificate Halder. CERTIFICATE HOLDER CAIIICELLATlON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES OE C " THE E*PinATION DATE THEREOF,ANCELLED DEFOHE THE ISSUING COMPANY WILL ENDEAVOR TO MAIL V DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED City of Lubbock TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL. 1623 13th. RM L04 OBLIGATION on LIABILITY OF ANY KIND UPON THE IMPOSE NO COMPANY, ITS AGENTS Lubbock, TX 79401 OR REPRESENTATIVES, AUT-unLEFU REPRESENTATIVE Y ACORN,, CERTIFICATE 4F LIABILITY INSURANCE DATE 03/2o PRODUCER (972)419-7500 FAX (972)419-7555 Sleeper Sewell & Company 12222 Merit Dr., Suite 600 Dallas, TX 75251-3294 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED WESTMAR, INC. 464 BONES CHAPEL ROAD WH TESBORO, TX 76273-7367 INSURER A Gulf Underwriters Ins. Co. /CRUMP GROUP INSURER B: Fireman's Fund County Mutual /CRUMP GROUP INSURER C: RLI Ins. Co. /CRUMP GROUP INSURER D: Great American Insurance Co./CRUMP GROUP INSURERS LVSNI'I a.I_lv74--1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MfDDIY PDLICY EXPIRATION DATE MIDDIY LIMITS LUBBOCK, L TX 79457 GENERAL LIABILITY GU0693383 03/06/2001 03/06/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX7 OCCUR FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5,000 A _ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2' 000, 000 POLICY 71 JJECOT LOC AUTOMOBILE LIABILITY ANY AUTO BA14021051 03/06/2001 03/06/2002 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per person) BODILY INJURY $ (Peraccident) PROPERTY DAMAGE $ (Per accident) IX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY X OCCUR CLAIMS MADE DUL0047972 03/06/2001 03/06/2002 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 C $ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMBS ER EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE$ EL DISEASE - POLICY LIMB I $ QSMENT FLOATER IM9575102-05 03/29/2001 03/29/2002 OWNED EQUIPMENT $335,806 D EDUCTIBLE $500 ALL LEASED EQUIP $1,000,000 ANY ONE ITEM LEASED $200,000 DESCRIPTION OF OPERATIONS(LOCATIONSfVEHICLESMCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS kDDITIONAL INSURED ENDORSEMENT ON GENERAL LIABILITY AND AUTOMOBILE & WAIVER OF SUBROGATION GENERAL BILITY AND AUTOMOBILE IN FAVOR OF THE CERTIFICATE HOLDER PERTAINING INSTALLATION OF GAS WELLS NSTALLATION OF FLARE SYSTEM, LUBBOCK, TX. e ** CERTIFICATE HOLDER �ADDITIONAL INSURED; INSURER LETTER L:oNCFLLOTION WfAk.VEW %AAWUMAI IVIV'Ivan SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILIENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF LUBBOCK BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P 0 BOX 2000 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. LUBBOCK, L TX 79457 AUTHORIZED REPRESENTATIVE William Sleeper WfAk.VEW %AAWUMAI IVIV'Ivan IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Additional Coverages and Factors 06/28/20 Line of Business Coverages for Business Auto Coverage Limits Ded/Ded Type Rate Premium Fact PIP -Basic 10000 288.00 Uninsured motorist BI- 1000000 1,872.00 single limit Underinsured motorist BI 1000000 single limit Comprehensive Collision 1,000 3,393.00 Property damage -single limit Specified perils 0.00 N/NOA 0.00 �^^+ Theft Prevention Fee 8.00 Combined single limit 1,000,000 0 12049.00 Uninsured motorist 1,000,000 , combined single limit Underinsured motorist 1,000,000 combined single limit Line of Business Coverages for General Liability Coverage Limits Ded/Ded Type Rate Premium Fact General Aggregate 2,000,000 2,500 Products/Completed Ops 2,000,000 Basis: Per Occurrence; Applies: Both BI Aggregate Applies: CPL Personal & Advertising 1,000,000 Injury Each Occurrence 1,000,000 Fire Damage 50,000 Medical Expense 5,000 r* e D nnt_nn,> ACORN, CERTIFICATE OF LIABILITY INSURANCE 05i 8/2001 PRODUCER (972)419-7500 FAX (972)419-7555 Sleeper Sewell & Company 12222 Merit Dr., Suite 600 Dallas, TX 75251-3294 THIS CERTIFICATE IS ISSUEDASA MATTER OF INFORMATION ONLY THE CERTIFICATE HOLDER. T THISN EFERS RTIFICATE DOES NOONO RIGHTSJT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED WESTMAR, INC. 464 BONES CHAPEL ROAD WH SBORO, TX 76273-7367 INSURER A: Gulf Underwriters Ins. Co./CRUMP GROUP INSURER B: Fireman's Fund County Mutual /CRUMP GROUP INSURER C: RLI Ins. Co. /CRUMP INSURER D: American National Fire/CRUMP GROUP INSURER Ir"" Irm THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR WRY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES. DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. LTR TYPE OF INSURANCE POLICY NUMBER POUNSR DATE IEFFODNY) DATE M MfDOIY LIMITS AUTHORIZED REPRESENTATIVE GENERAL LUUMLITY 0693383 03/06/2001 03/06/2002 EACH OCCURRENCE S 1,000,000 - FIRE DAMAGE (Any one fire) S 50,000 X COMMERCIAL GENERAL LIABUTY MEG EXP (Any one person) $ 5,00o CLAMS MADE Q OCCUR PERSONAL 8 ADV INJURY S 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 2,000,000 PO - POLICY 7JJEC: f7 LOC AUTOMOBILELIABILIrY BA14021051 03/06/2001 03/06/2002 COMBINED SINGLE LIMIT S ANY AUTO (Ea accldefM 1,000,000 BODILY INJURY $ ALL OWNED AUTOS X SCHEDULED AUTOS (Per person) B X HIRED AUTOS BODILY INJURY $ X NCN•OWNED AUTOS (Per acdderul PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA AGC S AUTO AANY - AUTO ONLY: AGO $ EXCESSLIABILITY DUL0047972 03/06/2001 03/06/2002 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 X OCCUR ❑ CLAIMS MADE $ C $ DEDUCTIBLE - S X RETENTION S 10,000 WORKERS COMPENSATION AND s� TORY LIMITS ER EL. EACH ACCIDENT $ EMPLOYERS' LIABILITY E L DISEASE - EA EMPLOYEI S EL DISEASE - POUCY LIMIT 1 $ THE IM957510205 03/29/2001 03/29/2002 OWNED EQUIPMENT $335, 806 D EQUIPMENT FLOATER ALL LEASED EQUIP $1,000,000 DEDUCTIBLE $500 ANY ONE ITEM LEASED $200,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS OR BID INFORMATION: CITY WILL BE NAMED AS ADDITIONAL INSURED FOR LIABILITY COVERAGES F INSURED IS SUCCESSFUL IN WINNING THE BID E: EMERGENCY GAS PROBE #10 & #11, REMEDIATION PLAN PHASE ONE ACORD 25-S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILIENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CITY OF LUBBOCK (2) BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1623 13TH RM L04 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE LUBBOCK, TX 79401 William Sleeper 021/094 ..... ...w........ i...nn.vn wrrnu wens ACORD 25-S (7197) r�- r- me: 05/23/01 Time: 04:16 PH To: Inc. westmar a iyw-aov-roo. -tia�- =aya• IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; .. (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing .- extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of .., any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 -point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices . shall be the following text provided by the commission on the sample notice, without any additional words or changes: 2 a� xup W -M0» � _ .. r r®x. 6. ' +' ,., .1iz Y '. ' _ ' ...E ' n om' zn3` .. "#1�,� "+ rTt_ Marsh USA, Inc. 500 West Monroe, Street Chicago, IL 60661-3630 (312 -627 - INSURED: Certified Systems, Inc., all subsidiary and affiliated Companies 3218 Hwy. 67 POP Mesquite TX 75150 CO -EMPLOYER/ CLIENT CO.: Westmar, Inc. - OK #5970040 Rt. 1, Box 23 Sentinel, OK 73664 -�- --- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THF r nvrp.ry nc.-- ov r.,� ,.... ...�....-. COMPANIES AFFORDING COVERAGE COMPANY A: National Fire Insurance Company of Hartford COMPANY B: COMPANY C: COMPANY D: PwA THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE LIMITS DATE (MM/DDIYY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG CLAIMS MADE OCCUR PERSONAL & ADV MUM OWNER'S & CONTRACTOR'S PROT. EACH OOCU RRENCE Poll DAMAGE(" One Fre) MED EXPENSE (Anv Om Prion) g AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION A AND WC 2 47908541 j EMPLOYERS' LIABILITY COVERAGE APPLIES ONLY TO CSI EM DESCRIPTION OF OPERATIONS/LOCATION/VEHiCLES/SF P-'roject: JIM City of Lubbock 1623 13th Rm L04 Lubbock, TX 79401 ITEMS. COMMED SINGLE UMR BODILY INJURY MW PWSW BODILY PUM IPw ACcW*nd PROPERTY DAMAGE e EACH OCCURRENCE AGGREGATE STATUTORY LIMITS 03/01!01 03/01/04 EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE LEASED BY: Westmar, Inc. - OK #5970040 T ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR AIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS EPRESENTATIVES. ,.I PRODUCER: Marsh USA, Inc. 500 West Monroe Street Chicago, IL 60661-3630 (312 -627 - INSURED: Certified Systems, Inc., all subsidiary and affiliated Companies 3218 Hwy. 67 Mesquite TX 75150 CO -EMPLOYER/ CLIENT CO.: Westmar, Inc. #5970048 464 Bones Chapel Rd. Whitesboro, TX 76273 p.. 4.�y c`" #�.'' �•'4 eM „a" sRE ... 3i ..,�xc,f?°•i_�k, r€:.i5.2g.,n THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A: Continental Casualty Company COMPANY B: COMPANY C: COMPANY D: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED; NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM$. S SUBJECT TO ALL THE TERMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL LIABILl _ CLAIMS MAGE OCCUR PRODUCTS — COMP/OP AM OWNER'S & CONTRACTOR'S PPERSONAL h ADV MIJURY $Pill- AUTOMOBILE LIABILITY T:O�OEO AUTOS SCHEDULED AUTOS EXCESS LIABILITY UMBRELLA FORM OTHER JA THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC 2 47909298 ,OVERAGE APPLIES ONLY TO CSI EMPLC L,ESCRIPTION OF OPERATIONS/LOCATION/VEHICLES/SPECIA "M .IN City of Lubbock 1623 13th, RM L04 77 Lubbock, TX 79401 P, EACH OCCURRENCE FIRE DAMAOEt" One RW MED EXPENSE (Any Ong ill COMBNED SINGLE LIMIT BODILY NAM (Pr pi BODILY Vul (I* Aaidr�ry PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE STATUTORY LIMITS 03/01/01 03/01/04 EACH ACCIDENT DISEASE — POLICY UNIT DISEASE — EACH EMPLOYEE D BY: Westmar, Inc. #5970048 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED MBEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. -� REQUIRED WORKERS' COMPENSATION COVERAGE ., "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: r^ (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; r (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ 3 CONTRACT r r 0 r r CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14th day of June, 2001 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 WESTMAR. INC. of the City of WHITESBORO, County of GRAYSON 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 #1 39-01/1-R - EMERGENCY GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1) 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. 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. ATTEST: 52�� Secretary APP �O CON NT: Owner's Representative APPROVED AS TO FORM: � ime-JTv 1010 A 9 CONTRACTOR: City Attorney ° ASN PRINTED NAM � i� I TITLE:I ATTEST: = COMPLETE ADDRESS: Corporate secretary Westmar, Inc. ff�Q 464 Bones Chapel Road `_ Whitesboro Texas 76273 1 �'"^ GENERAL CONDITIONS OF THE AGREEMENT CITY OF LUBBOCK, TEXAS MUNICIPAL SOLID WASTE LANDFILL GAS PROBES 10 & 11 REMEDIATION PLAN (PHASE 1) Supplementary General Conditions and Technical Specifications April 2001 .................. " ' " " �*' .1 : ;, '40, ;'_,: Smith &Cooper, Inc. Parkhill S a ... .. un. Engineers ■ Architects ■ Planners .................. rr GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City ^' of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit WESTMAR, INC. who has agreed to perform the work embraced in this contract; or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative JOHN COBB ASSISTANT SOLID WASTE MANAGER DISPOSAL DIVISION, 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, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES _ Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "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. 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. 8. CONTRACTOR'S RESPONSIBILITIES .� Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence; labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such -- recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative 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 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 All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in_order,to permit Owner's Representative to comply with this requirement, but such suspension 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 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 ,RIt is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall + furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions WA 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 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 anyway 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. A_ Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's. Representative, such man or PM - men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 3 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The 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 through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the directionof the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by �. them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the " Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for -•+ _ the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." 5 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 bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its 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, 6 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 fo 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 payors, 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. The insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the b*+ alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. I It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each r■* subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of$1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury !^ Advertising Injury Heavy Equipment Certificate B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, N/A Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1.000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job r— 7 and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of N/A of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of N/A on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 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 0406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and ^ payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity 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. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. +. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (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 .,. 9 G Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (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; 10 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 P 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 w 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 identityof their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 592/440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, ." to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all "^ coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; ■„ (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 SUBCUN I KAU I UK, -j. LAbUKtKS MAI tKIALMt:N, ANU ruKIVIonCRo .. n• ....��.. ��� ln—.■ 11'1-1,IT 'A Kim 0%t IP'1PYl' lr[+'.. .. .. .., c „.. .... .. .. .... .. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its 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, materialmen 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. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Ownermay, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its 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 12 n Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its 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 bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within .•, said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. �. 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 $150.00 (ONE HUNDRED FIFTY) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work._ It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION "" * 13 It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, — schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the — extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays. in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be„furnished under 1 this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in anyway encountered, which may be injured or seriously affected by any process of construction to be undertaken under 14 this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without •+ limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its 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 bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's .., Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 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 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION „ Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a:.certifc,ate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. .s 15 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 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) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice Fof 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 16 r-, constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed bythe 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 17 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 $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and 18 w 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 r 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. """ 19 MmL--;J r". RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 1 pop! _. I EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher-Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter-Helper 6.25 Laborer-General 6.00 ^* Laborer-Utility 6.75 Mechanic 8.00 Mechanic-Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 r�+ Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver-Light 6.50 Truck Driver-Heavy 7.00 P•., 2 n EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. �+ 3 SPECIFICATIONS *....................... ...i ROBERT HOILY...... .. ...; ... 59052 II locations ana intormatnon rurmsnea uy the owner -s xepresentanve are ror imuai n layout and final construction venfcation: ` If a portion of the work fails and requires work by the Contractor, additional . surveys will be provided by ' the Owner's tive at Contractor's expense. The" Contractor shall be billed directly for additional the surveyor at the rates being paid by the Owner. Failure of the Contractor to pay for �urve3�s;witt result in a reduction of that amount from the. final payment. is `427. PROTECTION AGAINST ACCIDENT TO EMPLOYEES _AND THE as tonows: t paragraph, i.e., "rhe Contractor, nis sureties... incivamg the following: "The Contractor, his sureties and insurance I save a harmless the nd alT of its ,officers, agents, •om all suits, actionsOwner ; -or 11 laims of any character whatsoever, E specif t PART 1 The 1.1.2 Cond k 1.1 ADD r- �.., 1.1.1 r— i --ad diiti II locations ana intormatnon rurmsnea uy the owner -s xepresentanve are ror imuai n layout and final construction venfcation: ` If a portion of the work fails and requires work by the Contractor, additional . surveys will be provided by ' the Owner's tive at Contractor's expense. The" Contractor shall be billed directly for additional the surveyor at the rates being paid by the Owner. Failure of the Contractor to pay for �urve3�s;witt result in a reduction of that amount from the. final payment. is `427. PROTECTION AGAINST ACCIDENT TO EMPLOYEES _AND THE as tonows: t paragraph, i.e., "rhe Contractor, nis sureties... incivamg the following: "The Contractor, his sureties and insurance I save a harmless the nd alT of its ,officers, agents, •om all suits, actionsOwner ; -or 11 laims of any character whatsoever, to ma specif t 1.1.2 Geneli Bencl �.., const, --ad diiti Repr( ,surve additi I. l.'3 Genei ° The Speci const; by the for fa 1.1.4 Genei deletf 1.1.5 Gene PUB] Delet atton carri( inclu 01267793 04101 II locations ana intormatnon rurmsnea uy the owner -s xepresentanve are ror imuai n layout and final construction venfcation: ` If a portion of the work fails and requires work by the Contractor, additional . surveys will be provided by ' the Owner's tive at Contractor's expense. The" Contractor shall be billed directly for additional the surveyor at the rates being paid by the Owner. Failure of the Contractor to pay for �urve3�s;witt result in a reduction of that amount from the. final payment. is `427. PROTECTION AGAINST ACCIDENT TO EMPLOYEES _AND THE as tonows: t paragraph, i.e., "rhe Contractor, nis sureties... incivamg the following: "The Contractor, his sureties and insurance I save a harmless the nd alT of its ,officers, agents, •om all suits, actionsOwner ; -or 11 laims of any character whatsoever, No Text i^ od tec be re` Cc co: ' ttlf da to pr pe r fo: he Rf or. 1.2.2 Gi E `pe at ki ki r i A r 3 S as 2. 3. 3. p Drawings and Samples: Record date of receipt of Shop Drawings and samples. Receive samples which are furnished at the site by Contractor, and notify Engineer of availability of samples for examination. Advise Engineer and Contractor of the commencement of any Work requiring a Shop Drnwina nr cmmnle if the cnhmittnl hnc not heen gnnrnved by the F.n¢ineer_ f v. icc E 1.' 1 3, f v. icc 1.' 2. 3`' .� 4.'' H. Pa s„ th( Er ua ins I. Cf the an W] fo J. Ci 1. r— 2. 3. r� r°^ f arts: 00805 _5 No Text SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site. C. Owner occupancy. 1.2 RELATED SECTIONS A. Section 00700 - General Conditions. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Identification: City of Lubbock, Texas "Gas Probes 10 & 11 Remediation Plan (Phase 1)". B. Location: City of Lubbock, Texas, Municipal Solid Waste Landfill. C. Verbal Summary: Without force or effect on requirements of the Contract Documents brief description of the Project is as follows: 1. Bid Item No. 1: ■ One hundred twenty eight (128) permanent methane wells ■ Asbestos Containing Materials Handling and Disposal ■ Mobilization and Drilling ■ Drilling Logs ■ Casing and Well Screen Installation ■ Gravel Pack ■ Sodium Bentonite ■ Bentonite Slurry ■ Required Testing ■ Well head piping, valves, and related appurtenances 2. Bid Item No. 2: ■ The project involves the installation and start-up of 2 specified blower/flare units and related piping at the City of Lubbock Municipal Solid Waste Landfill (Permit MSW No. 69). Each blower flare unit will extract gas from separate systems. ■ Scope of Work 1) Install the flare skids on an existing concrete pad. 2) Connect electricity and gas to the flares (as required). Electrical work will begin at the meter box that has been installed by others. Connect the pilot light with the gas supply line that is located near the pads. 3) Connect the new headers to the flares. 4) Start the flare unit. 01267793 04/01 SUMMARY OF WORK 01010-1 1.4 CONTRACTOR USE OF SITE A. Contractor should allow for joint Owner occupancy of site. B. Work must be coordinated with Owner. Site may be available for seven (7) day work week with prior notification by Contractor. 1.5 OWNER OCCUPANCY A. The project is located at an active landfill that is open to the public. As a result, the Owner will occupy the site during construction and conduct normal operations. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01267793 SUMMARY OF WORK 01010-2 04/01 SECTION 01019 CONTRACT CONSIDERATIONS PART 1 -GENERAL 1.1 SECTION INCLUDES A. Application for Payment. B. Change procedures. 1.2 RELATED SECTIONS A. Section 01300 - Submittals: Schedule of Values. B. Section 01600 - Material and Equipment: Product substitutions. 1.3 APPLICATIONS FOR PAYMENT A. Submit four copies of each application to the Engineer. B. Payment Period: As defined in Owner -Contractor agreement. C. Waiver of liens from subcontractor. 1.4 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time. B. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the General Conditions of the Contract. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01267793 CONTRACT CONSIDERATIONS 01019-1 04/01 W SECTION 01025 MEASUREMENT AND PAYMENT PART 1 - GENERAL The unit price or lump sum price bid on each item, as stated in the proposal, shall include mobilization as well as furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and for which no separate payment is made shall be included in the bid prices on the various items. 1.1 DRILLING (BID ITEM 1A) The total depth of the wells (minimum 24" diameter), as authorized by the engineer, from ground surface to the bottom of the well will be measured for payment per vertical linear foot complete and in place. This price shall include cost of drilling and logging the well through all materials encountered to final depth as directed by the Engineer and for disposing of the excavated materials on the landfill's active working face, as directed by the Owner. ' 1.2 ASBESTOS HANDLING AND DISPOSAL (BID ITEM 1B) The construction activities will occur in a pre -Subtitle D cell (older than 1993). Therefore, certain special wastes were accepted. These special wastes include asbestos (non -friable) containing materials (ACM), medical waste, vacuum truck waste and dead animals. The contractor will be responsible for all material testing, air quality testing and monitoring, material handling and containment, employee safety, hauling, and disposing of all asbestos containing materials at an appropriate site, in accordance with all applicable federal, state and local requirements. Payment will be made for the actual number of tons of ACM that are disposed of at an approved site. Contractor will provide laboratory test results, manifests and weigh slips from the approved disposal site as documentation of the number of tons of ACM disposed. 1.3 CASING AND WELL SCREEN (BID ITEMS 1C AND 1D) The actual amount of casing and well screen installed in the well will be measured in accordance with the specifications. Payment for the casing will be made under two items as follows: Payment for the actual amount of casing placed in the well will be made at the contract unit price per linear foot for 6" casing. This price shall include all costs of furnishing and setting the casing as specified. Payment for well screen will be made for the actual length of well screen at the contract unit price per linear foot for 6" well screen. This price shall include all costs of furnishing and setting the well screen as specified. 01267793 MEASUREMENT AND PAYMENT 01025-1 04/01 1.4 GRAVEL FILTER PACK (BID ITEM IE) The actual number of tons of filter pack placed in the vent will be determined by weighing. The filter pack gravel delivered to the site will be weighted at the landfill's truck scale located at the entrance. Following vent completion, all excess gravel will be picked up at Contractor's expense and weighed to determine amount of rock not used. Payment will be made for the actual number of tons of filter pack placed in the vent at the contract unit price per ton. This bid price shall be complete compensation for furnishing the filter pack, loading and unloading, providing the pipe and other equipment required to place the filter pack as specified, furnishing weight tickets on the materials and other incidental costs. Estimated quantities for filter pack in the bid form include excess material that could be necessary due to voids in the bore hole created by the solid waste. 1.5 HYDRATED BENTONITE (BID ITEM 1F) Payment for furnishing and installing hydrated bentonite as shown on the plans will be at the contract unit price per cubic yard. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install the hydrated bentonite as shown on the plans. 1.6 SOIL/BENTONITE MIX (BID ITEM 1G) Payment for furnishing and installing the soil/bentonite mix as shown on the plans will be at the contract unit price per cubic yard. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install the soil/bentonite as shown on the plans. 1.7 WELLHEAD AND RELATED APPURTENANCES (BID ITEM 1H) The piping, valves, bends, and related appurtenances necessary to complete the tie-in between the well casing and feeder lines will be paid for on a per well basis. The price shall include all costs of furnishing and installing the wellhead piping and related appurtenances. 1.8 GAS DISPOSAL UNITS (BID ITEMS AA AND BB) Payment for furnishing and installing gas disposal units as specified will be at the contract lump sum price for each unit. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely construct and install the gas disposal units at the locations shown on the plans included in these specifications. 1.9 FINAL CLEANUP (INCIDENTAL COST TO ALL BID ITEMS) The Contractor shall make a final cleanup of all parts of the work before final acceptance of the work by the Owner. This cleanup shall include, among other things, removing all construction materials, final grading of all trench surfaces and construction sites, and in general preparing the site of the work in an orderly manner. The cost of cleanup shall be included as a part of the cost of the various items of work involved and no direct compensation will be made for this work. 01267793 MEASUREMENT AND PAYMENT 01025-2 04/01 PART 2 - PRODUCTS Not Used. PART 3 - EXECUTION Not Used. END OF SECTION w, fool 01267793 MEASUREMENT AND PAYMENT 01025-3 04/01 SECTION 01039 COORDINATION AND MEETINGS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Coordination. B. Preconstruction meeting. look C. Progress meetings. d, D. Field engineering. 1.2 RELATED SECTIONS A. Owner's General Conditions. 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure P, efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion and for portions of Work designated for Owner's occupancy. 1.4 PRECONSTRUCTION MEETING A. Engineer will schedule a meeting after Notice to Proceed. B. Attendance Required: Engineer, Contractor and major Subcontractors. C. Agenda: 1. Submission of executed bonds and insurance certificates. 2. Distribution of Contract Documents. 3. Submission of list of Subcontractors, list of products, Schedule of Values, and progress schedule. 4. Designation of personnel representing the parties in Contract and the Engineer. 5. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. 6. Scheduling. a. Use of premises by Owner and Contractor. b. Owner's requirements. C. Construction facilities and controls provided by Owner. d. Temporary utilities provided by Owner. e. Survey and building layout. f. Security and housekeeping procedures. �^* g. Schedules. h. Procedures for testing. i. Procedures for maintaining record documents. 01267793 COORDINATION AND MEETINGS 01039-1 04101 j. Requirements for start-up of equipment. k. Inspection and acceptance of equipment put into service during construction period. D. Record minutes and distribute copies within three days after meeting to participants with two copies to Engineer and those affected by decisions made. 1.5 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at minimum bi-monthly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, as appropriate to agenda topics for each meeting. D. 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 relating to Work. E. Record minutes, and distribute copies within three days to Engineer, participants, and those affected by decisions made. 1.6 FIELD ENGINEERING A. Control datum for survey is that shown on Drawings. B. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. PART 2 - PRODUCTS Not Used 01267793 COORDINATION AND MEETINGS 01039-2 04/01 PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Examine and verify specific conditions described in individual specification sections. C. Verify that utility services are available, of the correct characteristics, and in the correct location. END OF SECTION 01267793 04/01 COORDINATION AND MEETINGS 01039-3 k SECTION 01090 REFERENCE STANDARDS PART 1 -GENERAL 1.1 SECTION INCLUDES A. Quality assurance. B. Schedule of references. 1.2 RELATED SECTIONS A. Owner's General Conditions. 1.3 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date for receiving bids. C. Obtain copies of standards when required by Contract Documents. 1.4 SCHEDULE OF REFERENCES ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 TNRCC Texas Natural Resource Conservation Commission Box 13087 Austin, Texas 78711-3087 PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01267793 REFERENCE STANDARDS 01090-1 -� 04/01 OAR. SECTION 01300 !; SUBMITTALS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Resubmittal requirements. C. Construction progress schedules. D. Proposed products list. E. Shop drawings. F. Product data. G. Manufacturers' instructions. H. Manufacturers' certificates. I. Contractor's Asbestos Certification. 1.2 RELATED SECTIONS A. Owner's General Conditions B. Section 01400 - Quality Control: Manufacturers' field services and reports. C. Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates and closeout submittals. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. - B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. C. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. D. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. F. Provide space for Contractor and Engineer review stamps. G. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required identifying all changes made since previous submittal and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. 01267793 SUBMITTALS 01300-1 04/01 1.5 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date established in Notice to Proceed for Engineer review. B. Revise and resubmit as required. C. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates. 1.6 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.7 SHOP DRAWINGS A. Submit in a reproducible form. B. Submit the number of reproductions which Contractor requires, plus three copies which will be retained by Engineer. C. Drawing size shall be minimum 8 1/2 x 11 inches and maximum of 24 x 36 inches. 1.8 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. B. Mark each copy to identify applicable products, models, options, and other data. C. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. D. Include notation of special coordination requirements for interfacing with adjacent work. E. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.9 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.10 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. 01267793 SUBMITTALS 01300-2 04/01 1.11 CONTRACTOR'S ASBESTOS CERTIFICATION A. Provide documentation that contractor is certified in the identification, handling, hauling and disposal of asbestos containing materials. Certification should be from federal and state agencies. B. Should contractor choose to utilize Sub-contractor(s) for the asbestos abatement, provide letter of agreement and certification for the Sub-contractor(s). C. Submit certification with bid proposal. PART 2 - PRODUCTS 4 Not Used PART 3 - EXECUTION Not Used END OF SECTION 01267793 SUBMITTALS 01300-3 04/01 SECTION 01400 QUALITY CONTROL PART 1 - GENERAL 1.1 SECTION INCLUDES A. Quality assurance and control of installation. B. Inspection and testing laboratory services. «.: 1.2 RELATED SECTIONS A. Section 01090 - Reference Standards. B. Section 01300 - Submittals: Submission of Manufacturers' Instructions and Certificates. C. Section 01600 - Material and Equipment: Requirements for material and product quality. 1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Perform work by persons qualified to produce workmanship of specified quality. 1.4 INSPECTION AND TESTING LABORATORY SERVICES A. Owner will appoint, employ, and pay for services of an independent firm to perform inspection and testing as necessary during construction. B. The independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the Engineer. C. Reports will be submitted by the independent firm to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. Payment for retesting will be charged to the Contractor. PART 2 - PRODUCTS Not Used 01267793 QUALITY CONTROL 01400-1 P 04/01 PART 3 - EXECUTION Not Used END OF SECTION 01267793 QUALITY CONTROL 01400-2 04/01 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, water, and sanitary facilities. B. Temporary Controls: Barriers, water control, protection of the Work, and security. ,., C. Construction Facilities: Progress cleaning and removal of utilities. 1.2 RELATED SECTIONS A. Section 01700 - Contract Closeout: Final cleaning. 1.3 TEMPORARY ELECTRICITY A. Provide temporary electric feeder from the existing electrical service as needed for Contractor's operations. B. Owner will pay cost of energy used. Exercise measures to conserve energy. C. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required by Contractor's operations. Provide flexible power cords as required. D. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electrical Code. 1.4 TEMPORARY WATER SERVICE A. Connect to existing water source for construction operations. B. Owner will pay cost of water used. Exercise measures to conserve water. 1.5 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. B. Permanent building facilities shall not be used during construction operations. Maintain daily in clean and sanitary condition. 1.6 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. 1.7 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. 01267793 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500-1 ,..�, 04/01 1.8 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. 1.9 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.10 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site and dispose of on existing working face, as directed by Owner, at intervals as required to maintain clean site. 1.11 REMOVAL OF UTILITIES A. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01267793 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 04/01 01500-2 SECTION 01560 ENVIRONMENTAL PROTECTION PART 1 -GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. CODE OF FEDERAL REGULATIONS (CFR) 29 CFR 1910 -SUBPART G Occupational Health and Environmental Control 29 CORPS OF ENGINEERS (COE) COE EP -1165-2-304 1976 Flood Plain Regulations for Flood Plain Management 1.2 DEFINITIONS — 1.3 ENVIRONMENTAL PROTECTION REQUIREMENTS Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during normal 01267793 ENVIRONMENTAL PROTECTION 01560-1 04/01 A. Sediment Soil and other debris that have eroded and have been transported by runoff water or wind. B. Solid Waste Rubbish, debris, garbage, and other discarded solid materials resulting from industrial, commercial, and agricultural operations and from community activities. C. Rubbish - Combustible and noncombustible wastes such as paper, boxes, glass, crockery, metal, lumber, cans, and bones. D. Debris Combustible and noncombustible wastes such as ashes and waste materials resulting from construction or maintenance and repair work, leaves, and tree trimmings. E. Chemical Wastes This includes salts, acids, alkalies, herbicides, pesticides, organic chemicals, and spent products which serve no purpose. F. Sanitary Wastes 1. Sewage Wastes characterized as domestic sanitary sewage. 2. Solid Waste Refuse and. scraps resulting from preparation, cooking, dispensing, and consumption of food, or previously desposed material exhumed during construction operation. G. Oily Waste Petroleum products and bituminous materials. — 1.3 ENVIRONMENTAL PROTECTION REQUIREMENTS Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during normal 01267793 ENVIRONMENTAL PROTECTION 01560-1 04/01 construction practice. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Comply with Federal, state, and local regulations pertaining to the environment, including but not limited to water, air, and noise pollution. A. Storm Water Pollution Prevention Plan (SWPPP) Prepare and comply with SWPPP in accordance with "NPDES General Permits for Storm Water Discharges From Construction activities that are classified as 'Associated with Industrial Activity"', Federal Register, Vol. 57, No. 175, September 9, 1992. Submit SWPPP to Engineer within fifteen days after Notice to proceed. B. Preconstruction Survey Perform a preconstruction survey of the project site with the Engineer, and pollution prevention — measures necessary to assess existing environmental conditions in, and adjacent to the site. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION 3.1 PROTECTION OF NATURAL RESOURCES Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work. Confine construction activities to within the limits of the work indicated or specified. A. Land Resources Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Engineer's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for anchorages unless authorized by the Engineer. Where such use of attach ropes, cables, or guys is authorized, the Contractor shall be responsible for any resultant damage. 1. Protection Protect existing trees which are to remain and which may be injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. By approved excavation, remove trees with 30 percent or more of their root systems destroyed. 2. Replacement Remove trees and other landscape features scarred or damaged by equipment operations, and replace with equivalent, undamaged trees and landscape features. Obtain Engineer's approval before replacement. 3. Temporary Construction Remove traces of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other signs of construction. Grade temporary roads, parking areas, and similar temporarily used areas to conform with surrounding contours. 01267793 ENVIRONMENTAL PROTECTION 01560-2 04/01 B. Water Resources 1. Oily Wastes Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. Surround all temporary fuel oil or petroleum storage tanks with a temporary earth berm of sufficient size and strength to contain the contents of the tanks in the event of leakage or spillage. C. Fish and Wildlife Resources Do not disturb fish and wildlife. Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as indicated or specified. 3.2 HISTORICAL AND ARCHAEOLOGICAL RESOURCES A. Carefully protect in-place and report immediately to the Engineer historical and archaeological items or human skeletal remains discovered in the course of work. Stop work in the immediate area of the discovery until directed by the Engineer to resume work. If historical and archaeological resources such as artifacts (stone tools), features (stone walls), deposits (sea shells and charcoal stained soil), human bones and other cultural remains are encountered, stop that portion of work and notify the Engineer immediately. Within thirty-six (36) hours the Owner will determine if a change pursuant to the Contract should be issued or to direct the Contractor to proceed without change. No adjustment in contract price or completion time will be allowed for delays that do not exceed thirty-six (36) hours from the time the Contractor is notified to stop work. The Owner retains ownership and control over historical and archaeological resources. 3.3 EROSION AND SEDIMENT CONTROL MEASURES' A. Burnoff Burnoff of the ground cover is not permitted. B. Borrow Areas Manage and control borrow areas to prevent sediment from entering nearby streams or lakes. Restore areas, including those outside the borrow areas, disturbed by borrow and haul operations. Restoration includes grading, replacement of topsoil, and establishment of a permanent vegetative cover. C. Protection of Erodible Soils Immediately finish the earthwork brought to a final grade, as indicated or specified. Immediately protect the side slopes and back slopes upon completion of rough grading. Plan and conduct earthwork to minimize the duration of exposure of unprotected soils. D. Temporary Protection of Erodible Soils Mechanically retard and control the rate of runoff from the construction site. This includes construction of diversion ditches, benches, and berms to retard and divert runoff to protected drainage courses. 01267793 ENVIRONMENTAL PROTECTION 01560-3 04/01 3.4 CONTROL AND DISPOSAL OF SOLID AND SANITARY WASTES Pick up solid wastes, and place in containers which are regularly emptied. Do not prepare, cook, or dispose of food on the project site. Prevent contamination of the site of other areas when handling and disposing of wastes. On completion, leave the areas clean. Control and dispose of waste. A. Disposal of Rubbish and Debris Dispose of rubbish and debris in accordance with the requirements specified in area as directed — by Owner. Rubbish may be disposed of in current landfill provided all rules for disposal are followed. B. Solid Waste Disposal Place solid waste in approved containers, and remove to disposal area, where directed. 3.5 DUST CONTROL Contractor will be fully responsible for dust control along all haul roads and in the project area. Keep dust down at all times, including during nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations. END OF SECTION 01267793 ENVIRONMENTAL PROTECTION 01560-4 04/01 SECTION 01600 -* MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SECTION INCLUDES A. Products. B. Transportation and handling.. C. Storage and protection. D. Product options. 1.2 RELATED SECTIONS A. Section 01400 - Quality Control: Product quality monitoring. 1.3 PRODUCTS A. Products mean new material, components, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2. Promptly inspect shipments to assure that products comply with requirements, quantities are -. correct, and products are undamaged. 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction process. B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off-site storage and protection when site does not permit on-site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. ^^ 5. Store loose granular materials on solid flat surfaces in a well -drained area. Provide cover to stockpile to prevent windblown contaminants from mixing with the stockpile. Granular materials shall not be stored on bare ground or asphalt surfaces. 01267793 MATERIAL AND EQUIPMENT 01600-1 04/01 C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.5 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01267793 MATERIAL AND EQUIPMENT 01600-2 04/01 SECTION 01650 FACILITY START-UP AND COMMISSIONING PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used w; 01267793 04/01 END OF SECTION FACILITY START-UP AND COMMISSIONING 01650-1 PART 1 - GENERAL 1.1 SECTION INCLUDES A. Starting systems. •�* B. Demonstration and instructions. C. Testing, adjusting, and balancing. 1.2 RELATED SECTIONS A. Section 01700 - Contract Closeout: System operation and maintenance data and extra materials. .-e 1.3 STARTING SYSTEMS A. Submit a written report that equipment or system has been properly installed and is functioning correctly. pow 1.4 DEMONSTRATION AND INSTRUCTIONS A. Demonstrate operation and maintenance of Products to Owner's personnel two weeks prior to date of Substantial Completion. B. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owners' personnel in detail to explain all aspects of operation and maintenance. C. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used w; 01267793 04/01 END OF SECTION FACILITY START-UP AND COMMISSIONING 01650-1 i SECTION 01700 CONTRACT CLOSEOUT 01267793 CONTRACT CLOSEOUT 01700-1 04/01 PART 1 -GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. ,., C. Project record documents. D. Warranties. 1.2 RELATED SECTIONS A. Section 01500 - Construction Facilities and Temporary Controls: Progress cleaning. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. ..a B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. Dispose of on working face as directed by the Owner. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Submit documents to Engineer with claim for final Application for Payment. 01267793 CONTRACT CLOSEOUT 01700-1 04/01 1.6 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Submit prior to final Application for Payment. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION _. 01267793 CONTRACT CLOSEOUT 01700-2 04/01 SECTION 02147 LANDFILL GAS WELLS PART 1 -GENERAL 1.1 DESCRIPTION These specifications describe the construction of methane wells in an existing solid waste landfill. The new wells will be drilled at the specific site location designated on the plans. Well installation ,.., shall be performed by a qualified, licensed monitor -well driller, experienced specifically in the installation of landfill methane wells. From available data, it is estimated that the boring depth of each new well will range from 25± to 80± feet. See Appendix B, Project Drawings for planned dimensions for wells. 1.2 SUBMITTALS A. Manufacturer's affidavit for casing and screen. B. Gradation, abrasion test and soundness test for filter pack. C. Commercial well casing centering devices. 1.3 SPECIAL WASTE A. Note, the cell in which the wells are to be installed is a pre -Subtitle D cell (i.e., older than 1993). Therefore, certain special wastes were accepted. These special wastes include asbestos (non - friable) containing materials, medical waste, vacuum truck waste, and dead animals. It is the contractors responsibility to follow all OSHA worker safety rules in dealing with this material. PART 2 - PRODUCTS 2.1 CASING MATERIAL A. Polyethylene (PE) Pipe 1. ASTM D 1248, Type III, Class C, Grade P-34, Category 5. 2. PPI rating of PE -3408. 3. Cell Classification: ASTM D 3350, 345434C. 4. Hydrostatic Design Basis shall not be less than 1600 psi (11.03 MPA) as per ASTM D 2837. 5. Minimum Standard Dimension Ratio (SDR): 17. *� B. PVC 1. Schedule 80 PVC according to ASTM D 1785-96b. 2. Socket -type fittings adhering to ASTM 2467-96a. 01267793 LANDFILL GAS WELLS 02147-1 r 04/01 2.2 CASING MATERIAL FITTINGS A. Polyethylene (PE) Pipe - Same type as casing material. B. PSC — same type as casing material. 2.3 WELL SCREEN MATERIAL A. Polyethylene (PE) Pipe 1. ASTM D 1248, Type III, Class C, Grade P-34, Category 5. 2. PPI rating of PE -3408. 3. Cell Classification: ASTM D 3350, 345434C. 4. Hydrostatic Design. Basis shall not be less than 1600 psi (11.03 MPA) as per ASTM D 2837. 5. Minimum Standard Dimension Ratio (SDR): 17. 6. Perforation: Minimum 1/4" wide slots, 6" to 8" in length, 12" on -center, minimum perforated area 010 times casing cross-sectional area. B. PVC 1. Schedule 80 PVC according to ASTM D 1785-96b. 2. Socket -type fittings adhering to ASTM 2467-96a. 3. Perforation: Minimum 1/4" wide slots, 6" to 8" in length, 12" on -center, minimum perforated area 010 times casing cross-sectional area. 2.4 FILTER PACK Filter pack for the wells shall be river -run washed gravel, meeting the following gradation requirements: SIEVE % RETAINED 3" 2% 1-1/2" 30% 1" 85% 1/2" 99% The gravel shall be composed of tough, durable particles which will not exhibit more than 18 percent loss in five cycles when the magnesium sulfate soundness test in ASTM C33 is performed. The gravel shall be washed with clean uncontaminated water at the source to remove fines prior to shipment to the site. 2.5 HYDRATED BENTONITE Place hydrated bentonite, at the thickness shown, on top of the gravel filter pack unless additional soil/bentonite layer is necessary to keep hydrated bentonite layer at depth shown on plans. Combine four (4) to five (5) pounds of bentonite powder, by weight, with 5.0 gallons of water. 01267793 LANDFILL GAS WELLS 02147-2 04/01 Water used in the mixture shall be free of oil and other organic material with dissolved minerals of less than 2,000 mg/1. 2.6 SOIL/BENTONITE MIX Place soil/bentonite mixture, at the specified thickness, on top of the hydrated bentonite. Mix clean soil and bentonite at a ratio of 4:1 soil to bentonite up to the ground surface. Slope surface around well 6 inches per foot away from well. For wells that require additional backfill to keep ., the hydrated bentonite layer at depth specified on plans, place a layer of soil/bentonite mix between the gravel pack and hydrated bentonite as shown on the plans. 2.7 WELL HEADS Well heads shall be constructed of pipe and fittings that are the same material as the casing. 2.8 QUICK CONNECTION MONITORING PORT Provide quick connect monitoring ports on each well as shown on the plans. Each top flange shall be drilled and tapped with National Pipe Threads (NPT) to accept the Lab Cock monitoring valve. The Lab Cock Valve shall be installed in the top flange after tapping. After the Lap Cock Valve is installed in the flange, the quick disconnect shall be installed on the Lab Cock Valve. The Lab Cock Valve shall be Model 5309, with 1/4 -inch MPT by 1/4 -inch FPT (MPT = Male Pipe Thread, FPT = Female Pipe Thread), as offered by Ryan-Herco. The quick disconnect coupling shall be the female side of the coupling, chrome -plated brass with shutoff, Model 0858, 1/8 -inch flow with 1/4 -inch MPT as offered by Ryan-Herco. No substitutions will be allowed for the Lab Cock Valve or the quick -disconnect coupling. The Contractor shall furnish male quick disconnects which match the female quick disconnects specified above. The male side of the quick disconnect coupling shall be Model 0865 with barbed male insert for 1/8 -inch I. D. tubing with 1/8 -inch flow. 2.9 WELL HEAD VALVES A. Well head valves shall be constructed of 100% HDPE (PE 3408), in accordance with ASTM D1248 and ASTM D2513. The following characteristics shall be met: .1. Full port opening ball valve 2. Flanged connectors shall be butt fused to the valve on both sides in accordance with ASTM '^ D3261 3. Back up rings in accordance with ASTM A536 4. Nominal valve size = 3 inches PART 3 - EXECUTION 3.1 DRILL CUTTINGS -�• The methane wells for this project will be constructed in an existing landfill cell. Contractor will encounter a mixture of solid waste, at various stages of decomposition, and cover soil during the drilling process. Contractor will be required to remove all waste cuttings from the construction ., area, and haul them to the active working face of the landfill and deposit them as directed by the 01267793 LANDFILL GAS WELLS 02147-3 04/01 Owner. Due to the decomposition of the waste, odors are likely to be significant. Therefore, the Contractor will be required to control the odors by continuously hauling the cuttings to the working face, not allowing cuttings to accumulate at the construction area. All cuttings must be removed from the construction area and deposited on the working face daily before the landfill closes operations. This is typically 5:00 p.m., Monday through Friday. Coordinate with Owner for the placement of the cuttings at the end of each day so that they can be covered with the other waste received at the site. 3.2 METHANE WELL CONSTRUCTION A. Drilling Drill with equipment which is of sufficient size to drill the wells to the required depth and diameter. Drill and case each well in a workmanlike manner. The variation in the plumbness of the well shall not vary more than one-half of one degree from truly plumb at any point tested. Contractor to make checks of the hole while drilling is in progress to maintain the proper alignment and plumbness of the bore. From the ground surface to bottom of each planned well, the bore hole shall be drilled not less than 24 inches in diameter. B. Drilling Log Immediately after completion of the drilling, the well shall be cased, gravel pack treated, sealed and cleaned as specified herein. A careful log of each hole drilled shall be performed by the driller. Form 1 and Form 2 in Appendix B will be jointly completed by the driller and the Engineer. The driller shall cooperate with the Engineer in obtaining measurements for the forms. C. Casing The Contractor shall furnish and set all casing and well screen required for the construction of the well. The well screens shall be directly connected to the casing. The screen shall be of the length indicated in Appendix B, Project Drawings. The Engineer may adjust the well screen length installed during construction. Install casing plumb. Check casing alignment by lowering a 20 -foot section of PVC pipe, with an outside diameter 1/2" smaller than the inside diameter of the casing, into each casing. The 20 - foot section of pipe should move freely through the entire length of the casing. Correct the plumbness should the pipe not meet the above requirements. As soon as the casing has been set, cage the well and record the caging data. D. Setting The solid casing and well screen shall be set as soon as drilling is completed and shall extend as shown on the drawings. The casing shall be set truly vertical. Well casing and screen shall have approved centering devices spaced 120 degrees apart at intervals not exceeding 30 feet along the length of the screen and casing. E. Filter Pack As soon as the casing has been set, the space between the casing, screen and the wall of the well shall be filled with the specified gravel by methods approved by the Engineer. The method shall be such that the gravel is uniformly placed around the casing and screen to the desired thickness. The process shall be continued until the gravel is one (1) foot above the well screen. A two -foot thickness of hydrated bentonite shall be placed on top of the gravel filter pack by methods 01267793 LANDFILL GAS WELLS 02147-4 04/01 approved by the Engineer. The bentonite thickness shown on the plans is the hydrated thickness. (A layer of soil bentonite mix may be required between the gravel pack and hydrated bentonite to maintain hydrated bentonite at depth shown on plans.) 3.3 WELL HEAD Construct the well head as shown on the plans. �- 3.4 CLEANING UP After completion and testing of the well, the Contractor shall remove all debris, including excess gravel, from the site, fill all slush pits, drainage ditches and grade around the site, leveling all materials taken from the well during drilling, so that the area is left in a neat condition. END OF SECTION 01267793 LANDFILL GAS WELLS 02147-5 04/01 _ SECTION 15855 LANDFILL GAS HANDLING SYSTEM (BLOWER SKID) PART 1 GENERAL 1.1 DESCRIPTION A. This section describes the landfill gas handling system (blower skid) and it's components. The blower skids must be of industrial quality and supplied by acceptable flare manufacturer. B. The blower skids to be supplied must be complete and operable as specified herein within 8 weeks after notice to proceed. PART 2 PRODUCTS 2.1 GENERAL A. All equipment shall be designed and shall perform as a minimum in accordance with these specifications. B. These specifications are intended to be specific in nature such that the blower skids will be a complete pre -assembled unit such as to minimize the installation and start-up time. 2.2 OPERATING REQUIREMENTS r System 1 System 2 3,600 cfm 4,400 cfm 60" H2O 60" H2O 2.3 EQUIPMENT A. The landfill gas blower skids shall the following as a minimum: 1. Galvanized structural steel skid. 2. Blower and motor (a 2 -blower system is acceptable if recommended by the manufacturer). 3. Stainless Steel Piping. 4. Manual valves, check valves, and expansion joints. 5. Moisture separator. 6. Control panel, motor starters, and fail -closed valve. -+ 7. Mounting Plate for Flare. 8. Leveling bolts. 01267793 LANDFILL GAS HANDLING SYSTEM 15855 1 "^ 04/01 (BLOWER SKID) 2.4 EQUIPMENT DESCRIPTION A. Galvanized structural steel skid. 1. Heavy duty AISC designed structural steel skid. 2. Galvanized grating shall be cut to fit properly around each separate component mounted on the skid as well as complete coverage on the skid. 3. Skid to be completely galvanized after fabrication. B. Blower and motor One (1) each blower and motor assembly shall be multistage centrifugal type. Impeller shall be mounted on one shaft and supported on each end by bearings mounted in outboard bearing housings. The blower shall be built from parts cast in patterns from previous units that have been built and tested. Blower to be supplied by New York, Hoffman, or equal. (A 2 -blower system will be acceptable if manufacturer shows that it will improve performance relative to cost.) Blowers may be controlled by a variable frequency drive. C. Piping 1. All skid unit gas piping to be 304 SS Schedule 10S. 2. Gaskets shall be a synthetic fiber type with an NBR binder, Donex 660 or equal for stainless steel piping. 3. All stainless steel flanges to be 150# RFSO. 4. All piping to be fully assembled, mounted, and supported from the outlet of the moisture separator to the skid edge. D. Manual valves, check valves, and expansion joints 1. Cast iron wafer body valves shall be supplied at the inlet and outlet of each blower complete with ductile iron nickel plated disc, buna-n seat, and complete isolation of cast iron from the landfill gas. For valves 8" and above, a gear operator to be provided. For valves 6" and less, lever handles to be provided. 2. Flanged, aluminum check valves to be provided at the outlet of each blower. 3. Flanged, reinforced, hypalon material flexible expansion joints to be provided at the inlet and outlet of each blower. E. Moisture separator One (1) moisture separator sized to separate 99% of all liquid droplets 10 microns and larger complete with the following: 1. Flanged inlet and outlet 2. Drain connection 3. Level gauge 4. Stainless steel mesh pad for moisture collection 5. Flanged top for accessibility and maintenance 6. Carbon steel construction. Carbon steel to be internally coated with two (2) coats of a phenolic painting system 7. The carbon steel exterior shall be prepared with an SSPC-SP-6 blast and primed with an epoxy primer and painted with an epoxy final coat, color specified by Owner. 8. A differential pressure gauge to be mounted on the vessel and connected to taps on the upstream and downstream side of the mesh pad 9. Two (2) 1 1/2" FNPT connections with plugs for optional addition of level switches. 01267793 LANDFILL GAS HANDLING SYSTEM 158551-2 04/01 (BLOWER SKID) F. Control Panel 1. The control panel is to be mounted to the blower skid and completely wired in rigid conduit from the panel to each appropriate instrument and or control item on the blower skid. 2.5 BLOWER SKID ASSEMBLY The blower skid assembly is to be completely fabricated, assembled, pre -wired, and thoroughly tested before the unit is to ship. PART 3 EXECUTION 3.1 INSTALLATION A. Manufacturer shall be present for approval of installation and start-up. END OF SECTION 01267793 LANDFILL GAS HANDLING SYSTEM 15855-3 ,., 04/01 (BLOWER SKID). ams SECTION 15860 LANDFILL GAS OPEN FLARE SYSTEM PART1 GENERAL 1.1 DESCRIPTION A. This section describes a flare system for the combustion of landfill gases. The flare system(s) must be of industrial quality and completely manufactured (including control system) by the flare supplier. B. The new flare must be constructed on the blower skid. Flare shall be supported by the skid system without the use of guy wires. 1.2 REFERENCES A. ANSI B31.3 B. AISC-ASD C. ASME Sect. VIII Div 1 D. ASME Sect. IX E. NEMA 4 F. API 1.3 DESIGN CRITERIA A. The landfill gas utility flare shall be designed to operate continuously at the following operation conditions. Phase 2 conditions shall be easily obtained at the time of expansion. System 1 System 2 Landfill gas flow rate 3600 scfm 4400 scfm Composition 30% - 50% CHa 30% - 50% CHa Remainder CO2, Air, Remainder CO2, Air, Other Hydrocarbons Inerts Other Hydrocarbons Inerts LHV 450-500 Btu/Scf 450-500 Btu/Scf Temperature 100°F to 130°F 100°F to 130°F LFG moisture content Saturated Saturated B. Mechanical Design Wind Speed 110 mph Ambient Temperature -20°F to 120°F Seismic Zone 1 Electrical Area Non -hazardous 01267793 LANDFILL GAS OPEN FLARE SYSTEM 04/01 15860-1 C. Unit Design Smokeless Capacity Pressure Drop Turndown 100% <4" w.c. from inlet through outlet of the flare >40:1 1.4 PERFORMANCE REQUIREMENTS A. The flare system(s) will be capable of achieving the following performance requirements: 1. The flares must be capable of sustaining stable combustion with 30% - 50% CH4 at the maximum required flow rate. 2. The flares must be capable of a minimum 40:1 turndown. 3. The flare exit velocity must be designed strictly in accordance with TNRCC Chapter 106, §106.492. 4. The radiation on any point at grade shall not exceed 500 Btu/Hr-ft2 when the flare is firing at the maximum design heat release and with a 20 mph wind. This radiation is to be determined via the 3 -point method utilizing the radiant heat fractions at each point. 5. Flame shape shall be determined and be based on the momentum flux differences between the landfill gas exiting the flare tip and the cross wind. The landfill gas should take into account the hydrocarbon concentration. 6. Flame length shall be determined and be based on the maximum design heat release with allowances for the molecular weight. 7. The pressure loss through the flare must be less than 4" w.c. from the inlet flange through the outlet of the flare. 8. Emissions from the flare shall not exceed the following: Nitrogen Oxide (NOx) - 0.068 lbs per MMBtu Fired Carbon Monoxide (CO) - 0.37 lbs per MMBtu Fired 9. The flare shall be capable of achieving a minimum destruction efficiency of >98% of total non -methane organic compounds (NMOCs). 10. The flare shall comply with 40 CFR § 60.18. PART 2 - PRODUCTS 2.1 GENERAL A. All equipment shall be designed and shall perform as a minimum in accordance with these specifications. B. These specifications are intended to be specific in nature such that the flare operator will not be in danger from radiant heat emitted from the flame, and to determine the location of the flare from nearby structures, power lines, trees, etc., based on the flame shape and flame length. 01267793 LANDFILL GAS OPEN FLARE SYSTEM 15860-2 04/01 2.2 EQUIPMENT A. The landfill gas open flare system shall have the following items as a minimum: 1 Self supporting `base ring (no guy wires). 2. Carbon steel stack 3. Spark ignited pilot assembly 4. Flare tip (stainless steel) 5. Control system ^! B. The equipment provided shall be manufactured by the flare supplier at the supplier's own fabrication facility. Only large buyouts (blowers, MCCs, etc) and instrumentation shall be manufactured by others. 2.3 EQUIPMENT DESCRIPTION A. Self supporting base ring with reinforcing gussets 1. Minimum 3/a" A-36 plate 2. Minimum 3/a" diameter bolt holes B. Carbon steel stack 1. The flare stack shall be fabricated from A 106-B standard weight carbon steel pipe up through 10" and A53 -B carbon steel pipe from 12" to 16". 2. The inlet shall be a 901 entrance into the stack. 3. The inlet shall project a minimum of 10" from the stack and terminate with a 150# ANSI FFSO flange. 4. The inlet nozzle shall contain one (1) 1/2" FNPT connection on the top of the nozzle for a temperature switch to be mounted. 5. A carbon steel inclined floor plate at least 4" below the lowest part of the inlet connection shall be seal welded to the interior of the stack with one (1) 1" 3000# FNPT connection located as a low point drain connection above the inclined plate, on the down slope side. C. Spark ignited pilot assembly 1. The pilot shall be dual spark ignited. 2. The spark plug shall be located no closer than 5'-0" from the end of the flare tip and shall be located in a position that is not considered a "low point", that can collect water. 3. The pilot shall consist of an ignition rod internal to the pilot assembly and shall be weather proof such that rain or condensation will not cause the ignition rod to "arc out" in a location other than the pilot tip. 4. The arc (spark) that ignites the flare pilot shall be located at the pilot tip, such that the base of the pilot flame is directly adjacent to the arc (spark). 5. The pilot shall consist of a cast iron self -inspiriting eductor with an adjustable aluminum air door capable of achieving the air/gas mixture required for proper pilot flame stability. This eductor shall have a windshield around the inlet air opening such that a cross -wind will not affect the operation of the pilot. 6. The gas inlet connection to the pilot eductor shall be 1/z" FNPT. 7. The pilot tip shall be made from stainless steel and shall be positioned such that the main flare tip is ignited easily. 01267793 LANDFILL GAS OPEN FLARE SYSTEM 15860-3 04/01 D. Flame Arrester Provide 12" flame arrester with aluminum housing, housing drain, removable aluminum internals mounted at flare inlet. Internals shall be cleanable without removing flare arrester body from pipe. E. Flare Tip 1. The flare tip shall be 304 stainless steel schedule 10S pipe of the same diameter as that of the carbon steel stack. 2. The flare tip shall be continuously welded to the carbon steel flare stack with a 309 SS weld. 3. The flare tip shall incorporate integral flame retention for increased flame stability. 4. The flare tip wind shield shall be fabricated from 309/310 stainless steel. 5. The wind shield shall be designed to educt the proper amount of air into the flame zone for stable combustion throughout the flow range. F. Control System Provide a complete and operational control system designed for incoming power and step-down as required to successfully operate the blower(s) and flare system. The control system shall be supplied with the following items completely pre -assembled on a structural steel rack: _ 1. Main power disconnect switch sized for the proper amperage. 2. A weatherproof motor starter panel that includes all motor starters, circuit breakers, and overload protection as required. 3. A 110-v connection to provide power to the main flare control panel. 4. A weatherproof control panel to include all instrumentation to safely operate the blower/flare station, including: — • Manual -Auto Ignition selector switch • Panel Power ON selector switch • Blower HOA switch • Manual Ignition push button • Programmable logic controller for safe system operation The following switches and pushbuttons are required, as a minimum: • Panel Power (On/Off) switch • Gas Blower (Hand/Off/Automatic) switch The following lights provided at a minimum: • Panel Power ON 5. Optional contacts on shutdowns for remote monitoring of the system. 6. Other rack mounted components include: • Completely assembled and pre -wired pilot gas train including pressure regulator, manual block valve, and pressure indicator. 7. All instrumentation to be completely pre -piped and pre -wired in a "UL" approved shop and functionally tested simulating actual operating conditions. 8. One (1) weatherproof enclosure with integral 6000V transformer to be mounted to the stack for supplying voltage to the spark ignited pilot assembly. 9. Control valve on natural gas line to the pilot assembly. G. Flowmeter Provide one thermal mass meter with 316 stainless steel proble for 1" NPT mounting. 01267793 LANDFILL GAS OPEN FLARE SYSTEM 15860-4 04/01 H. Flare Restrictions The total height of the flare shall not extend higher than 25 feet unless height is unachievable for this design. Guy wires shall not be used to secure the flare stack. I. Control Panel Weather Hood Provide 1 fabricated steel hood to limit exposure to elements. Overhang shall be sufficient to cover panel. Hood shall be painted to match panel and shall include a fluorescent light assembly. J. Industrial Surface Finish Sherman Williams, or equal, High Temp Aluminum Top Coat, coated 1-2 mils DFT. Top coat shall be applied over zinc clad II primer with protection to 750° F. K. Combination Methane and Oxygen Analyzer Provide package to constantly monitor percent oxygen and total volume of methane. Oxygen monitor shall be bipassable to prevent shutdown if concentrations are above normal. PART 3 EXECUTION 3.1 GENERAL A. Manufacturer shall be present for approval of installation and start-up. B. The flare system shall safely destroy 98% of the organic compounds generated by solid waste. 3.2 IGNITION SEQUENCE The system shall operate by powering the dual spark ignitor assembly and then opening the natural gas supply line valve. Once a flame has been established, reduce pressure on the natural gas line by turning the valve down and reduce size of flame. 01267793 04/01 END OF SECTION LANDFILL GAS OPEN FLARE SYSTEM 15860-5 APPENDIX A ■ Form 1 Gas Well Construction Log CONSTRUCTION LOG(:1GAS .-WELL]: w ,. WELL NUMBER SURVEY DATA= SURFACE ELEV= .............. . . .. TOP OF COVER CELL m W Lj U1 ? 0 ==_ -'--- - o oc I � �I I I 000 III IIO� H BOTTOM OF - =='-=L_`=_ O$O pO°�� O O o° CELL Sal/BENroNiTE ND( HYDRATED BENTONITE G DW PE OR FRP PIPE AS SPEGFlED GRAVEL FILTER PAC( (1 1/2" RIVER -RUN GRAVEL) At B= _ C D= El F= Gs H= -::................................................... ....................................................................... GRAVEL= CASING= SCREEN= ..NOT TO SCALE•+ ...................:.:...:'...':....'...':.'::.:::':::............ I:':.'. �::.':.' .. I. ..... .. .... .. .. :-. .. '.. .. :. ':' :.:.r}}.CT.l}N'.':.'.0ATE.7./................................................................. '�R.TR'�i11...................................:::.................... ........ APPENDIX B Project Drawings Mm PLANS IN FILE SEE RESOLUTION C��nof- i�cc,411