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HomeMy WebLinkAboutResolution - 2006-R0415 - Contract To Upgrade Existing Pipeline For Gas At Landfill - SCS Field Services - 08/24/2006Resolution No. 2006-RO415 August 24, 2006 Item No. 6.13 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and SCS Field Services of Reston, Virginia, for upgrade of an existing pipeline for gas extraction at the Lubbock Landfill, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 24th day of August '2006. DAVID A. M LER, MAYOR ATTEST: Rebe a Garza, City Secretary APPROVEBrAS TO ertel, Oty Engineer APPROVED AS TO FORM: M. Knight, AssMant City Attorney DDres/SCSgaspipe06Con Res August 2, 2006 acNn CHECK BEST RATING L10EH TIXAS DA SY C _ CITY OF LUB13O CK SPECIFICATIONS FOR Upgrade Existing Pipeline for Gas Extraction .System RFP #06-706-BM CONTRACT #7033 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY h� dip://px.thereor4dueprcoznan Phone, (806) 763.7770 "A City of 'Planned Progress " CITY OF LUBBOCK Lubbock, Texas RFP # 06-706-BM, Addendum # I City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 102, MUNICIPAL BUILD NG 1625 13"n STREET LUBBOCK, TEXAS 79401 PH: (806)775-2163 FAX: (806)775-3326 http://purchasing.ei.lubbock.tx.us DATE ISSUED: CLOSE DATE: ADDENDUM #1 RFP#06-706-BM Upgrade Existing Pipeline for Gas Extraction System July 5, 2006 July 25, 2006 @ 4:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. I. Paragraph 32 basis of proposals.and.selection criteria of General Instructions to Offerors is CHANGED as follows: 32.1 75% Price. 32.2 5% Resume and references of proposed job superintendent. 32.3 3% List of potential items from proposer that could reduce the cost of work, but result in the same end product. 32A 2% Insurance claims and litigation. 32.5 10% Construction time. 32.6 2% List of subcontractors. 32.7 3% Contractor phasing options which may shorten construction time. All requests for additional information or clarification must be submitted in writing and directed to, Bruce MacNair, Interim Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Questions may be faxed to (806)775-3326 or Email to Bmacnair@mylubbock.us. THANK YOU, CITY OF LUBBOCK Bruce MacNair Interim Public Works Contracting Officer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the City of Lubbock Interim Public Works Contracting Officer if an lan ua a re uirements etc. or an combinations thereof inadvertentl restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Interim Public Works Contracting Officer no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP # 06-706-BMAd1 1 RFP # 06-706-BM. Addendum # 2 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 102, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2163 FAX: (806)775-3326 http:Ilpurchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ADDENDUM #2 RFP#06-706-BM Upgrade Existing Pipeline for Gas Extraction System July 20, 2006 July 25, 2006 @ 4:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Offerors must submit the REVISED UNIT PRICE PROPOSAL SUBMITTAL FORM. 2. All references to Liquidated Damages are CHANGED to $185.00 per day. 3. Please see Engineer's responses to questions, ATTACHED as PSC ADDENDUM NO.l . a. Reference item 20, the question: "Item 17.2 under General Instructions - Does this apply to this job or is it a standard part of the City of Lubbock Specifications? I can't find where this project has hardware, software, or firmware." RESPONSE: This is standard language and is Not Applicable in this project. 4. CONTRACTOR'S CHECKLIST EVALUATION CRITERIA is ATTACHED to assist contractors in assembling required items for evaluation. 5. In GENERAL INSTRUCTIONS TO OFFERORS, paragraph 18, PLANS FOR THE CONTRACTOR, CHANGE the first sentence to read as follows: The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Interim Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Questions may be faxed to (806)775-3326 or Email to Bmacnair@mylubbock.us. THANK YOU, CITY OF LUBBOCK 66M 7?2"ZU)t Bruce MacNair Interim Public Works Contracting Officer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the City of Lubhock Interim Public Works Contracting Officer if any lan ua a requirements, etc., or an combinations thereof inadvertently restricts or limits the re uirements stated in RFP # 06-706-BMAd2 1 RFP # 06-706-BM, Addendum # 2 this RFP to a single source. Such notification must be submitted in writing and must be received by the Interim Public Works Contracting Officer no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP 9 06-706-BMAd2 2 RFP # 06-706-BM, Addendum # 2 ***REVISED*** PROPOSAL SUBMITTAL UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: #06-706-BM - UPGRADE EXISTING PIPELINE FOR GAS EXTRACTION SYSTEM Proposal of Proposer) (hereinafter called To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of an UPGRADE TO EXISTING PIPELINE FOR GAS EXTRACTION SYSTEM having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Item Estimated No. Quantity & Unit Description of Item Total Amount 1 LS Mobilization (not to exceed 3% of bid price) for the lump sum price of: MATERIALS: $ ILS( ) TOTAL ITEM #1: $ ILS( ) (Unit Price Amounts shall be shown in both words and numerals. in case of discrepancy, the amount shown in words shall govern.) 2. 7 EA 18" knock out pots, including excavation and installation, at a unit price per each of: MATERIALS: $ /EA( ) LABOR: $ IEA^( ) TOTAL ITEM #2: $ /EA ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials RFP # 06-706-BMAd2 3 RFP # 06-706-BM, Addendum # 2 Estimated Item Quantity No. & Unit Description of Item Total Amount 3, 127 EA Furnish and install Type A wellhead 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: MATERIALS: $ /EA ) LABOR: $ /EA ) TOTAL ITEM #3: $ IEA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 4. 2 EA Furnish and install Type B wellhead 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: MATERIALS: $ /EA(� ) TOTAL ITEM #4: $ /EA( } (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 5. 13 EA Furnish and install Type C wellhead 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: MATERIALS: $ IEA( } LABOR: $ /EA(__ } TOTAL ITEM #5: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6. 14 EA Furnish and install Type D wellhead 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: MATERIALS: $ IEA( ) IEA } TOTAL ITEM #6: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals_ In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials RFP # 06-706-BMAd2 4 RIP # 06-706-BM, Addendum # 2 Estimated Item Quantity No. & Unit Description of Item Total Amount 7. 156 EA Furnish and install well -bore seal including excavation, backfill and related Appurtenances necessary to complete the well bore seal installation for the unit price per each: MATERIALS: $ /EA } TOTAL ITEM #7: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals_ In case of discrepancy, the amount shown in words shall govem.) 8. 850 LF 4" HDPE gas collection pipe, including trenching, fittings, installation and backfill for the unit price per linear foot of: MATERIALS: $ /LF( ) LABOR: $ /LFL ) TOTAL ITEM #8: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 9. 2,600 LF 6" HDPE gas collection pipe, including trenching, fittings, installation and backfill for the unit price per linear foot of: MATERIALS: $ /LF( } ::•: TOTAL ITEM #9: $ /LF( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 2 EA 4" HDPE isolation valve complete in place for the price per each of: MATERIALS: $_ /EA( ) LABOR: $ /EA( TOTAL ITEM # 10: $ IEA( } (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials RPP # 06-706-BMAd2 5 RFP # 06-706-13M, Addendum # 2 Estimated Item Quantity No. & Unit Description of Item Total Amount 11. 5 EA 6" HDPE isolation valve complete in place for the price per each of. MATERIALS: $ /EA( } LABOR: TOTAL ITEM # 11: $ /EA( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 12. 1 LS Connect new gas header to flare intake outside the flare building including all fittings and related appurtenances for the lump sum price of: MATERIALS: $^ /LS( ) LABOR: $ /LS( ) TOTAL ITEM #12: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 13. 1 LS Expose and connect the existing gas barrier trench to the new header line, including all fittings and related appurtenances for the lump sum price of: MATERIALS: LABOR: $ /LS( ) TOTAL ITEM #13: $ /LS ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 14. 7$ EA Construct secondary penetration, as detailed in well bore seal for the price per each of: MATERIALS: $ /EA( ) _a LABOR: $ /EA( ) TOTAL ITEM # 14: $ /EA( } (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 15. 2 ACRE Reseeding disturbed areas as specified for the unit price per acre: MATERIALS: $ /AC( LABOR: $ /AC( } TOTAL ITEM #15: $ /AC(, } (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials RFP # 06-706-BMAd2 6 RFP # 06-706-BM, Addendum # 2 TOTAL PROPOSAL, ITEMS #1 - #15: MATERIALS: LABOR: $ TOTAL PROPOSAL ITEMS #1 - #15: (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Proposer 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 substantially complete the project within # Days (Completed by Contractor) (Written Days Completed by Contractor) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Proposer hereby further agrees to pay to Owner as liquidated damages the sum of $185 (one hundred eighty-five dollars) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Proposer understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of thirty (30) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on or. before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid/Proposal Bond in the sum of Dollars ($ , which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror's Initials RFP 4 06-706-BMAd2 RFP # 06-706-BM, Addendum # 2 Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, State Telephone: Fax: County Zip Code M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other S eci RFP # 06-706-13MAd2 8 RFP # 06-706-BM, Addendum # 2 CONTRACTOR'S CHECKLIST EVALUATION CRITERIA NOTE: This checklist is provided to help Contractor ensure that all requirements set forth in the evaluation criteria are addressed in Contractor's response. BASIS OF PROPOSALS AND SELECTION CRITERIA ❑ Price: Provide Proposal Submittal Form, completed in blue or black ink or by typewriter and all signatures affixed in blue or black ink and by hand. Amounts shall be. written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. ❑ Resume and references of proposed job superintendent. City shall have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. ❑ List of potential items from proposer that could reduce the cost of work, but result in the same end product. List shall include suggestions of materials/assemblies, etc. ❑ Insurance claims and litigation during the last three years. ❑ Construction time. ❑ List of subcontractors. ❑ Contractor phasing options which may shorten construction time or minimize disruptions to City operations without increasing proposal amount. RFP # 06-706-BMAd2 9 ADDENDUM NO.1 TO: All Prospective Bidders / Plan Holders PROJECT: Upgrade Existing Pipeline for Gas Extraction System — RFP #06-706-BM DATE: 07/19/2006 PSC Job No: 01-3850-06 Attention of all Prospective Bidders/Plan Holders is directed to the following modifications to the referenced Plans and Specifications, This Addendum forms a part of, and shall be attached to the Contract Documents, and modifies the original Bidding Documents dated 05122, 2006as noted below: Question: Could you please provide a vendor contact for the Real Environmental Products - Series 300 Wellheads We have not been able to locate the vendor. Response: (Zeal Einvironmental Products E Attn: Michael C. Peoples 19550 Serry St. Bid. B Unit A Pine Grove, CA 95665 1209) 396-7900 Office (20c)) 256-7444 Fax t209j 256-0700 C eII Contact information for the other approved wellhead (Accu-Ilow wellhead Model 200 by CES Land(ec) is as lnllnw;<: Land(ec Atm: Belinda Shuler 851) South Via Lata Suite 112 Collon. CA 92324-i958 (969) ?83-3,636 Ext. 6580 Office (8110) 821-6496 ' (909) X25-0591 Fax 2. Question: If Wellhead meets the criteria stated in Section 02147, 11, B will the wellhead be considered an approved equal? if not would you please give a list of acceptable products'? Response. Section 02147 t2,1 )(A j of the specifications lists two acceptable wellhead products- hoth of which are approved for use on the project. No additional wellheads will he approved prior to the proposal due (late. The Contractor submitting Ilse successful proposal may opt is submit an alternate wellhead during the submitt.ai phase ter review by the Engineer. Alternate wellheads must, as a minin3uln, meet the rryutrements of Section 02147 (2.1) tBI. isut approval w ill not be grained unlit the submittal phase. 3. Question: The Detail A- I shows a 60 Mil - 10' x i 0' well bore Seal with one penetration for the well only, Are we to assume that there will not be a penetration required for the well lateral riser? What is the installation depth of the well bore seats? Response: it is anticipated that thr .separation between the creii and the discharve pipe will exceed 5-Ii at 1. most "ell locations. However. for wells where the discharge line is under the footprint of the weil-bore PARKHILL, SMITH & COOPER, INC. d Engineers • Architects • Planners 4222 85th Street, Lubbock, Texas 79423 Phone (806) 473-2200 Fax (806) 4733500 Lubbock El Paso Midland Amarillo Odessa the Contractor shall create a secondary penetration in the well -bore seal as detailed on AI -I attached. PAYMENT FOR CONSTRUCTING TIIE SECONDARY PF.NUXATIONS WILL BE PAID FOR AT THE CONTRACT PRICE PER EACH. REFER TO THE falseISFD PROPOSAL FORM ATTACHED, THE PRICE PER EACH .HALL INCLUDE ALL LABOR, MATERIALS AND INCIDENTALS NEC'1-_5SARN' TO (UMPLETELY CONSTRUCT THE SECONDARY PENETRATION, Well -bore ,gals shall be installed 18-inches below existing grade and 18-inches of additional hackfill material shall be mounded around the well as detailed on Al -C2.0 and DI C7,0. Question: During a site visit we noticed that several of the existing wellheads and valves that will be tied into the new system are not visible from the surface. Will the City of Lubbock locate all wellheads prior to construction activities? The drawing of the existing system shown on C 3.0 does not look to be as installed due to the actual inlet to the flare system being in a different location than what is shown on the plan. Response: The existing wellheads at 78th and Orlando are currently below grade as per B l.C7.0 of the plans. The Owner and,or Owners Representative will assist in locating the existing wellheads prior to start of construction. The existing gas collection line enters the flare building at roughly the renter point of the north side t refer to C4.0 of the plans fbr the approximate tie-in location). 5. Question: Does the City of Lubbock have an as -built drawing for the existing gas system, electrical and irrigation systems that can be reviewed prior to bidding this project? Response: The original as -built plans for the gas system have been included as Sheet C 3.0 of the plans, Repairs and adjustments have been made to the system so the Contractor shall anticipate sonrr deviation from that shown in the plans. No additional as -built.+ are :available. 6. Question: During a site investigation it was noticed that the existing irrigation system seems to be out of service. Is it the contractor's responsibility to replace any irrigation and electrical lines that may be damaged during construction? Will and have the irrigation system have to be operational upon completion of the project? Response: The Contractor will not he held responsible for any daniage to the irrigation system and related electrical. The irrigation system does not have to be operable at the end of construction. The Contractor, hooever, is responsible for contacting Dig Tess and local utilities to have all utilities located prior to the start of construction. Any damage to marked utilities must be repaired at the Contractors expense. 7. Question: Will the tie-in point discussed during the pre -bid meeting be located by the City of Lubbock or the contractor? If contractor is to locate the line what depth is to be assumed? Response: Tie-in to the existing gas barrier trench along the north end of the site is the Contravu,r`s responsibility and will be paid for under the lump sum bid item. The lump sum bid price shall include exploratory excavation, regardless of depth and number of locations. although it is anticipated that the pipeline is roughly 5-ft below grade in the approximate location shown on the plans, A valve shall extend to the surface at the location of the line. The Owner and Owner's Representative will assist in the locating of the line prior to the start of construction. 8. Question: Section 01500 — Temporary Facility and Controls — Is contractor to assume that he will be required to provide a Temporary Construction Fence around the perimeter of the site during construction activities? If contractor is to provide a Temporary Construction Fence, please provide the type of fencing that is to be installed? Response: As stated in the pre -bid meeting, the Contractor shall ensure the safety of the site by either fencing in the area, of excavation or by backiilling ;all excavation at the end of each dray. Fencing shall he a minimum 0-ft chain link car as necessary to ensure a safe.ite. The Contractor is also responsible for installing fence necessary to protect and secure any equipment and materials, as well as to prevent the public from being endangered. The type cif fence utilized in this manner is at the Contractor's discretion. 9. Question: How many days will be required for demonstration and training? What is the estimated number of people that will be in attendance'? Response: The Contractor shall anticipate setting aside sufficient days to demonstrate:and arson the Owner's personnel on all equipment installed. It is not anticipated, based on the mature of the project, that this will PARKHILL, SMITH g COOPER. INC. Engineers • Architects • Planners 4222 85th Street, Lubbock, Texas 79423 Phone (806) 473-2200 Fax (806) 473-3500 Lubbock ElPaso Midland Amarillo Odessa exceed one ( I ) day. The Contractor can anticipate 2 or 3 of the Owner's personnel and I or 2 of the Owner's representatives being in attendance. 10. The allowable work hours at the 78's and Orlando site are as follows: a. 7.00am -• dusk (Monday — Saturday). b. No work allowed on Sundays. 11. The Contractor will be allowed to work 24hrs/day, 7 days per week at MSW 469. 12. The Contractor shall obtain construction water at the 78`s and Orlando site by securing a water meter on a fire hydrant through the city of Lubbock Water Utilities Dept. The contact phone number for Water Utilities is (806) 775-2592. ALL COSTS TO SECURE CONSTRUCTION WATER SHALL BE CONSIDERED INCIDENTAL TO THE OTHER BID ITEMS. NO SEPARATE PAYMENT WILL BE MADE. 13. During the design phase, the Owner and Owner's Representative excavated approximately ten (10) 3-ft x aft holes around the perimeter of the site. Trash was typically encountered 5 to 8-11 below existing grade. The Contractor will be required to load an Owner -provided container with any excavated trash. The Owner will be responsible for hauling and disposing of the trash. The Contractor will be responsible for importing clean backtill material from the approved borrow location at MSW #69. NO SEPARATE PAYMENT WILL BE MADE FOR IMPORTING CLEAN BACKFILL MATERIAL FROM MSW #69, The Contractor shall estimate the amount of imported material based on the information listed above and include the cost for the imported material in the other bid items. The site ip available for the Contractor to excavate additional holes prior to submitting the proposal if necessary. 14. Refer to the updated proposal form attached. Original proposal item # 14 (Asbestos Disposal) has been removed and replaced with the per each item for constructing a secondary penetration in the well -bore seal. 15. Refer to the updated Section 1025 — "MEASUREMENT AND PAYMENT" attached. 16. Correction to "General Instructions to Offerors " Section 13.1. Construction shall be substantially complete withing: a. Phase 1 (78`' and Orlando) -- 75 calender days. b. Phase 2 (MSW #69) -- 120 calender days. ' c. Total Project-195calender days. 17. Correction to "General Instructions to Offerors" Section 32.7. The estimated budget for the construction phase of this project is $653,854.47. 18. Correction to "General Conditions of the Agreement" Section 34. Liquated damages for breach of contract Fsha 1I be: a. Phase 1 (78r° and Orlando) - S1851calendar day. b. Phase 2 (MSW #69) - $185/calendar day. 19. Question: Does the contractor have to be haz-mat certified? Response: No. ' 20. Question: Item 17.2 under General Instructions - Does this apply to this job or is it a standard part of the City of Lubbock Specifications? I can't find where this project has hardware, software, or firmware. Response: See response by City of Lubbock Purchasing Dept- 2 1. Question: We need a fusion detail for the liner. Response: There is not a plastic liner at either project site. The wdI bore seals do riot attach to an rxisting liner. They are stand-alone_ PARKHILL, SMITH & COOPER, INC. Engineers - Architects • Planners 4222 85th Street, Lubbock, Texas 79423 Phone (806) 473-2200 Fax (806) 473-3500 Lubbock El Paso Midland Amarillo Odessa 22. Question: We also need to know what material the well heads are to be made of. If they are to be made of HDPE materials, will the end user accept tapping and treading the side wail of the pipe to connect monitoring equipment? Response: Depending on which approved wellhead the Contractor elects to use, the Hellheads nlav either be PV(_ or HIVE. ktcmitomig ports must be quick connect -type puns placed in a location that sill givr accurate readings. Any other non -approved wellhead w ill be re0evved during the submittal phake to determine if the individual components nieet the Owner's requirenreuts. 23. Question: Section 02584-Underground Ducts & Utility Structures refers to pullboxes and related hardware. There is no detail for these items. Also, it refers to utility interruptions and we are not sure what this is referring to as there is not electrical work on plans. Response: The Contractor shall disregard Section 025X4 "tnderground Duets and Otility Stntctures of the Specifications. 24. Question: The proposed well -bore seal calls for PVC or HDPE material. These two materials can not be welded together. We must know what the existing liner is in order to manufacture the well bore seals correctly. Also, the bore seal detail does not cover welding and testing procedures for the tie-in to the existing cover. Response: There is not an existing PVC or HDPE cover at either location_ END OF ADDENDUM NO. l Respectfully submitted, PARKHILL, SWTH & CWPER, INC. Receipt of this addendum shalt be acknowledged by the Bidder, below and on the bid Proposal This entire addendum, or a copy thereof, shall be attached to the bid Proposal submitted ACKNOWLEDGED: c-�Ck By: PARKHILL, SMITH & COOPER. INC. Engineers, Architects - Planners 4222 85th Street, Lubbock, Texas 79423 Phone (806) 473-2200 Fax (806) 473-3500 Lubbock ElPaso Midland Amarillo Odessa CONNECT SOOT TO WELL -BORE SEAL (BY FIELD WELD OR SOLVENT) SECONDARY BOOT (SEE NOTE 2) DISCHARGE LINE CLAMP ---- N I f 1 AS REQUIRED FIELD PENETRATION — TO WELL -BORE SEAL EXISTING WELL CASING MOUNTING CLAMP EXISTING GROUND SURFACE TOPSOIL (BORROW MATERIAL) NATIVE MATERIAL (COMPACT TO 95% DENSITY PER ASTM—D698) 180 BACKFILL DISCHARGj SECONDARYCLAMP CONNECT BOOT aEF�BOOT a • SOLVENT) I, . MOUNTING CLAMP C-- EXISTING WELL CASING �— WELL -BORE SEAL ARIES doES: 1. FIELD CONSTRUCTED BOOT SHALL CONTAIN SUFFICIENT MATERIAL TO ACCOMMODATE 1' OF LANDFILL SETTLEMENT 10' 10' 2. SECONDARY BOOT MATERIAL TO MATCH WELL BORE SEAL MATERIAL USE EITHER 30-MIL HOPE OR PVC, ADDITIONAL BOOTS MAY BE PURCHASED FROM CES LANDTEC AS NEEDED. .s.e.'ui m'm:=r PROJECT NAME: MSW No. 69 SHEET: Al - I . . Nommov Eff1 .!.!l...lMlt `!� `�� GAS WELL REHAB AND ISSUE DATE. 7/18/06 ss:460r0110: ;; 91 r,; lan, j;." 78TH AND ORLANDO GAS REVISIONS: SECONDARY WELL -BORE •� •: "'"" COLLECTION SYSTEM REHAB PENETRATION DETAIL C�•2So6.■:=:..:�: PSC PROJECT I. 01-3850-06 ■.•..l.........M■ .�++a F+Y ��roael�mo�lcroo�m,allmz-ssoo.� (0n) 7 it / /Nay :c+ns SECTION 01025 MEASUREMENT AND PAYMENT PART 1 -GENERAL The bid price on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. 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 MOBILIZATION/DEMOBILIZATION Payment will be made for mobilizing and demobilizing all equipment, tools, and all other job -related items to and from the job site. Price will be on a lump sum basis and shall include all equipment, labor, materials, superintendence and all incidentals necessary to become fully mobilized at the start of the project and demobilized when work is complete. This bid item shall not exceed 3% of the contract price. 1.2 KNOCK OUT TANKS Payment will be made for providing and installing gravity knockout tanks, as specified, on a pereach basis. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install the knockout pots as shown on the plans. Concrete backfill, where required due to ground water, shall be considered subsidiary to this bid item. 1.3-I.6 WELLHEAD AND RELATED APPURTENANCES 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. Price also includes all demolition of existing wellheads necessary to install the new wellhead. �Ii i �11 If1'�Y�J: !, Payment will be made for providing and installing well -bore seals as shown on the plans. Price shall include all excavation, backfill, equipment, labor, material, superintendence, fitting, and all incidentals necessary to completely install the well bore seals as, shown on the plans'. 1.8-1.9 HDPE GAS COLLECTION PIPE Payment will be made for providing and installing HDPE gas collection pipe, as specified, at the unit price per linear foot. Price shall include all excavation, specified backfill, compaction, equipment, labor, materials, superintendence and all incidentals necessary to completely install the pipe as shown on the plans. All fittings, bends, tees, welds, etc. necessary to complete the line shall be considered subsidiary to this item. The following materials will be made available by the Owner for incorporation into the project: 01385006 MEASUREMENT AND PAYNIENT 01025 - 1 07/06 ADDENDUM NO. I 4-inch HDPE — 2,060 L.F. 6-inch HDPE. — 345 L.F. The pipe is stockpiled at MSW No 69. It is the Contractors' responsibility for transporting the pipe to the project location. Bid quantities include all material required on the project. The Contractor shall adjust the bid price to account for Owner -provided materials. 1.10-1.1 1 HDPE ISOLATION VALVES (GAS COLLECTION LINES) Payment will be made for providing and installing HDPE isolation valves and valve boxes along the gas collection line on a per each basis. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely i nstall the valves and related valve box as shown on the plans. The Owner will supply one 4-inch diameter isolation valve for use by the Contractor on the project. The bid quantity represents the total materials required on the project. The Contractor shall adjust the bid price to account for the Owner -provided materials. 1.12 FLARE TIE-IN Payment will be made for connecting the new gas header to the flare intake outside the flare building. The Contractor shall be responsible for visiting the site to study the flare intake line. Price will be on a lump sum basis and shall include equipment, labor, materials, superintendence and all incidentals necessary to complete the tie-in. 1.13 GAS BARRIER TRENCH TIE-IN Payment will be made for exposing the gas barrier trench pipe and tieing it to the new Deader. Price will be on a lump sum basis and shall include all exploratory excavation, related backfill, equipment, labor, materials, superintendence and all incidentals necessary to complete the tie-in. 1.14 SECONDARY WELL -BORE SEAT. PENETRATION Payment will be made for constructing a secondary penetration in the well -bore seal, as det9iled, to accommodate the discharge line. Price will be on a per each basis and shall include all equipment, labor, materials, superintendence and all incidentals necessary to construct the penetration. 1.15 SEEDING Payment will be made at the unit price per acre for reseeding all areas disturbed during construction. The Owner's representative will detennine what areas are to be seeded. Price shall include all watering and fertilizer necessary to achieve a stand of grass. Price shall also include all labor, materials, superintendence, equipment and incidentals necessary to seed disturbed areas and achieve a stand of grass. ' 1.16 EXCAVATE13 SOLID WASTE DISPOSAL The Owner will provide a roll -off container for the Contractor to dispose of excavated trash. The Owner will be responsible for hauling off the full container. The Contractor shall bear the cost of importing borrow material as necessary to replace the trash. Cost for importing borrow material shall be considered subsidiary to all other bid items. 01385006 MEASUREMENT AND PAYMENT 01025 - 2 07106 ADDENDUM NO. I 1.17 FINAL CLEANUP (INCIDENTAL COST TO ALL BID ITEMS) The Contractor shall make final cleanup of all parts of the work Before final acceptance of the work by E the Owner. This cleanup shalt include, among other things, removing all construction material and in general preparing the site of the work in an orderly manner. The cost of cleanup shall be included as part of the cost of the various items of work involved and no direct compensation will be made for this work. 1.18 SURVEYING No separate payment shall be made forconstruction surveying. The cost of surveying shall be included in the bid prices of the applicable pay items. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01385006 MEASUREMENT AND PAYMENT 01025 - 3 07/06 ADDENDUM NO. I F F RFP # 06-706-BM, Addendum # 2 CONTRACTOR'S CHECKLIST EVALUATION CRITERIA NOTE: This checklist is provided to help Contractor ensure that all requirements set forth in the evaluation criteria are addressed in Contractor's response. BASIS OF PROPOSALS AND SELECTION CRITERIA EX'Price: Provide Proposal Submittal Form, completed in blue or black ink or by typewriter and all signatures affixed in blue or black ink and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Ef"Resume and references of proposed job superintendent. City shalt have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. 0 List of potential items from proposer that could reduce the cost of work, but result in the same end product. List shall include suggestions of materials/assemblies, etc. La Insurance claims and litigation during the last three years. C� Construction time. dList of subcontractors. E Contractor phasing, options which may shorten construction time or minimize disruptions to City operations without increasing proposal amount. , E RFP # 06-706-BMAd2 8 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 102, MUNICIPAL BUILDING 1625 13"" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2163 FAX: (806)775-3326 http://Purchasing_ei_lubbock.tx.us DATE ISSUED: OLD CLOSE DATE: NEW CLOSE DATE: RFP # 06-706-BM, Ad ADDENDUM #3 RFP#06-706-BM Upgrade Existing Pipeline for Gas Extraction System July 24, 2006 July 25, 2006 @ 4:00 P.M. July 31, 2006 @ 1:00 P.M. Jendum # 3 The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Proposal due date and time are CHANGED from July 25, 2006 @ 4:00 P.M. to July 31, 2006 @ 1:00 P.M. 2. Offeror's attention is invited to the following questions and their respective responses: QUESTION: Will the selected contractor be required to supply a field office? ANSWER: The specifications say, "if necessary". The City did not state that it was necessary. Therefore, it is up to the contractor. QUESTION: What will be required of the selected contractor in regard to Training? (i.e., will this be a "one-time" event, or for a period of time that will require additional mobilizations to the site)? ANSWER: It will take as long as necessary. A one time event could be several days. QUESTION: 78th & Orlando project is allotted 120 calendar days, #69 is allotted 75 calendar days. Will these time frames run concurrently with each other, or will they be back-to-back? ANSWER: Back-to-back. QUESTION: The specifications state that Landtec wellheads can be used, whereas the drawings show a "custom" design. Which should be priced for the project? ANSWER: Price a well head to meet the minimum requirements. The Landtec is not exclusive! OUESTION: Will concrete be required at every Knockout pot? If not, what should we assume for bidding purposes? ANSWER: Yes. OUESTION: Is there a maximum depth we can assume for tie-ins to existing (i.e. at the Horizontal Collection Trench, and at the flare)? ANSWER: Six -feet. RFP # 06-706-BMAd3 1 RFP # 06-706-Biel, Addendum # 3 QUESTION: Is there a local trucking company you have used in the past and had good experience with (for hauling from the borrow pit)? ANSWER: No. QUESTION: Should we assume tax-exempt status for the bid? ANSWER: Please refer to General Instructions to Offerors, paragraph 20. QUESTION: Is there a local surveyor you have used in the past and had good experience with? ANSWER: Yes several. Wilson, Hi -Tech, Smith, Hugo Reed, and anyone else in the phone book. QUESTION: Who will be responsible for disposal & transportation of demolished wellheads? ANSWER: Contractor. QUESTION: For the well -bore seals, will 2 extrusions be needed instead of the 1 shown on the detail? (One for the well, one for the riser) ANSWER: If there is a riser, then yes you will need a riser. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Questions may be faxed to (806)775-3326 or Email to Bmacnair m lubbock.us . ' THANK YOU, CITY OF LUBBOCK 6� ii[titMu[1L Bruce MacNair Public Works Contracting Officer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the City of Lubbock Interim Public Works Contracting Officer if any langualze, re uirements etc., or any combinations thereof, inadvertently restricts or limits the re uirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Interim Public Works Contracting Officer no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP #f 06-706-BMAd3 2 CITY OF LUBBOCK REQUEST FOR PROPOSALS FOR TITLE: Upgrade Existing Pipeline for Gas Extraction System ADDRESS: LUBBOCK, TEXAS RFP NUMBER: 06-706-BM PROJECT NUMBER: 5515.8304 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE 1. 2. 3. 4. 5. 6. 7. 8. 9. to bpi' NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL SUBMITTAL - PROPOSAL FOR UNIT PRICE CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS NOTICE TO OFFERORS NOTICE TO OFFERORS RFP #06-706-BM Sealed proposals addressed to Bruce MacNair, Interim Public Works Contracting Officer, City of Lubbock, Texas, will be received in the office of the Interim Public Works Contracting Officer, Municipal Building, 1625 13th Street, Suite 102, Lubbock, Texas, 79401, until 4:00 P.M. on July 25, 2006, 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: "UPGRADE EXISTING PIPELINE FOR GAS EXTRACTION SYSTEM" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Interim Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Interim Public Works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Proposals are due at 4:00 P.M. on July 252006, and the City of Lubbock City Council will consider the proposals on August 10, 2006, 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 proposals and waive any formalities. The successful proposer 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 proposer 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 suer. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre - proposal conference on July 12 2006 at 10:00 A.M. in the Municipal Buildine Training Conference Room L01, 1625 13'h Street, Lubbock, Texas. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, htW:L/pr.thereproductioncoMpany.com/, Phone: (806) 763-7770. Additional sets of plans and specifications may be obtained at the proposer's expense. Attention of each proposer 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 Interim Public Works Contracting Officer of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to provision of Article 5159a, Vernon's 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 offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals 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 -proposal meetings and proposal openings are available to all persons regardless of disability. If you would like proposal information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at least 48 hours in advance of the meeting. CITY OF LUBBOCK BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER GENERAL INSTRUCTIONS TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY TIME & DATE L l The City of Lubbock is seeking written and sealed competitive proposals to furnish UPGRADE EXISTING PIPELINE FOR GAS EXTRACTION SYSTEM per the attached specifications and contract documents. Sealed proposals will be received no later than 4:00 P.M. CST, July 25, 2006 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP #06-706-BM, UPGRADE EXISTING PIPELINE FOR GAS EXTRACTION SYSTEM" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Bruce MacNair, Public Works Contracting Officer City of Lubbock 1625 13th Street, Suite 102 Lubbock, Texas 79401 1.2 Offerors are responsible for making certain proposals are delivered to the Public Works Contracting Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non- mandatory bre-orobosal meeting will be held at 10:00 A.M., Julv 12, 2006 in the Municipal Building Training Conference Room L01, 1625 13th Street, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at http://www.RFPdgpot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the proposer, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at http://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. 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 Public Works Contracting Office no later than five (5) days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Public Works Contracting Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP 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 proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Interim Public Works Contracting Officer and a clarification obtained before the proposals are received, and if no such Notice is received by the Interim Public Works Contracting Officer prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Interim Public Works Contracting Officer before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All Costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal 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 proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror 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 proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors 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. l l PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Interim Public Works Contracting Officer if any lan a e re uirements etc., or py combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER City of Lubbock Public Works Contracting Office 1625 13"' Street, Suite 102 Lubbock, Texas 79401 Fax: 806-775-3326 or 806-767-2275 Email: bmacnair@mylbbock.us RFPDepot: hq://www.RFPdepot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall .be substantially completed within ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 .AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. It �� ;_�1f.`����1i7�■�Ii77:T�_�►�F.`1a17 The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory proj ect. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will 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. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer 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 proposer. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the Iocation of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS 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. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer 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 k wages as above mentioned. The proposer' 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 proposers obligations thereunder. The inclusion of the w 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. 26.2 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. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, swam, 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 particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal 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 proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the proposer 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. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 28.3.1 Proposer's name 28.3.2 Proposal for (description of the project). 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). �_. (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF OFFERORS The proposer 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 proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer 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 proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The selection criteria used to evaluate each proposal will include the following: 32.1 50% Price. 32.2 15% Resume and references of proposed job superintendent. City shall have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. 32.3 5% List of potential items from proposer that could reduce the cost of work, but result in the same end product. List shall include suggestions of materials/assemblies, etc. 32.4 5% Insurance claims and litigation during the last three years. 32.5 10% Construction time. 32.6 10% List of subcontractors. 32.7 5% Contractor phasing options which may shorten construction time or minimize disruptions to City operations without increasing proposal amount The estimated budget for the construction phase of this project is $226 000. Proposals shall be made on using the enclosed Proposal Form. 33 SELECTION 33.1 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.2 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.3 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 REQUEST FOR PROPOSAL. TEXAS LOCAL GOVERNMENT CODE 4 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS § 271.116. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. PROPOSAL SUBMITTAL RFP # 06-7WBM, Addendum # 2 ***REVISED*** PROPOSAL SUBMITTAL UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: #06-70 - - UPG DE EXISTING PIPE L E FOR GAS EXTRACTION SYSTEM earn S , Cca �w.�a]� , Proposal of `� < (hereinafter called Proposer) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of an UPGRADE TO EXISTING PIPELINE FOR GAS EXTRACTION SYSTEM staving carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in perforating the work required under'the contract documents. item Estimated No. Quantity & Unit Description of Item Total Amount .1. 1 LS Mobilization (not to exceed 3% of bid price) for -the lump sum price of: MATERIALS: $ qoo /LS( 1406.60 ) . TOTAL ITEM # 1: ( - S 1U 1'-ao /LS(, J L!4?W - O U } (unit Price Amounts shall be shown in both words and numeraK In case of discrepancy, the amount shown in words shall govern.) 2. 7 EA 18" knock out pots, including excavation and installation, at a unit price per each of'. MATERIALS: $ /EA J000 . D O LABOR: � $ l D19SD /EA(J66(o Sa - Q2 r. _ t TOTAL ITEM #2: ►� & 9GO /EA( 9 � , t��� . Ob -) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials RFP # 06-706-BMAd2 RFP # 06-706-13M, Addendum # 2 Estimated Item Quantity No. & Unit Description of Item Total Amount 3. 127 EA Furnish and install Type A wellhead 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: MATERIALS: LABOR: �=0�L"f- f AL $ 2, , /EA{.�, ` „�. ! -+ O� } TOTAL ITEM #3: �tX �111\(�l!('4-i.i Tsy $. /EA( SO ► Uq!� • Dq (Unit Price Amounts shall be shown in both words and numerals. n case of discrepancy, the amount shown in words shall govern.) 4. 2 EA Furnish and install Type B wellhead 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: MATERIALS: $ ���, /F;A(g,,��y LABOR: $ �b /E _ _ ,( (..4 oo „' o0 1 ... �.L__ �'f A TOTAL ITEM #4: t $12-5 /EA( i 1'45() • 00 1 (unit Price Amounts shall be shown in both words and numerals. In case k discrepancy, the amount shown in words s govern.) hall g Pa Y� vem.) 5. 13 EA 'Furnish and install Type C wellhead 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: MATERIALS:: p� LIeA `yj6N-e $ �f 1 Z /EA( �p:&S P - (DO � LAROR- ANCV) \nt_ A\,A(Y A O ia\a .t P, dkl -- 7--- t 29'9A iF.A( S,141 •00 � ✓ 4 �J TOTAL ITEM #5: 4P_ J $ :400 /EA( 9 t (00. 00 ) (Unit Price Amounts shall be shown in both words and numerals. in case of discrepancy, the amount shown in words shall govern.) 6. 14 EA Furnish and install Type D wellhead 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: MATERIALS: ----�--~ $ �30 /EA('q, (OU -00 $ 1-`0 /EA( E t 3$O . 00 TOTAL ITEM #6: 1VC.- Y1t,l(�zM $ 500 /EA,(, -ta 000 , (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials RFP 4 06-706-BMAd2 3 RFP # 06.71i6-BM. Addendum # 2 jr Estimated Item Quantity No. & Unit Description of Item Total Amount 7., 156 EA Furnish and install well -bore seal including excavation, backfill and related r Appurtenances necessary to complete the well -bore seal installation for the unit price per each: MATERIALS: $ /EA( 2` rL, tO.00 TOTAL ITEM #7: + $- I�� �'- •� (Unit Price Amounts shall be shown in both words and numerals. In cast of discrepancy, the amount shown in words shall pmn.) , g 850 4" HDPE gas collection pipe, including trenching, fittings, installation and backfill for the unit price per linear foot of MATERIALS... LABOR: $, uC /LF( .lw - i 100 4 TOTAL ITEM W. f 1 $ Lt? 3() Loo0.0 0 (Unit Price Amounts shall be shown in both words and numerals. In can of discrepancy, the amount shown in words shall govem) 9. 2,6W LF 6" HDPEE-gas collection pipe, including trenching, fittings, installation acid backfill for the unit price per linear foot of: Lo MATERIALS: $ F OO LABOR: $� Z �' /LF( � U.ao O • ) TOTAL ITEM #9: �� $ /LF( Y11 �$ • oo) (Unit Price Amounts shall be shoWn-ffi both words and numerals. In case of discrepancy, the amount shown in words shall govern.) ' 10 2 EA 4" HDPE isolation valve complete in place for the price per each of: I MATERIALS: E . LABOR: $ qd0 /EA( A, L000 • O U) •, TOTAL ITEM # 10: $ 2 t !EA( 1" t 2X_)0.0 a ) (unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown In words shall govatet.) Offe:ror's Initials RFP R 06-706-13MAQ 4 RFP # 06-706-13M, Addendum # 2 Estimated Item Quantity No. & Unit Description of Item Total Amount IL . 5 EA 6" HDPE isolation valve complete in place for the price per each of. MATERIALS: (51I`.1?'X3Gl_-i---- $ ►�60 /EA( 1. DO _) LABOR: $ l 11b0 /EA(S1SOD . OO ) TOTAL ITEM # 11: ( $ 1 15-00 /EA( f 21S- CO ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 12. I LS Connect new gas header to flare intake outside the flare building including all } �- fittings and related appurtenances for the lump sum price o `-i'►1 f MATERIALS: (ee— CA -q $ 36� 1LS(_ 3S•0.00 LABOR: `1'W6 `i'1tLCt -Q, SIC AI\_ fll # 1K�1 $ Z t y /LS( TOTAL ITEM # 12:111�7Q_ U l�lp 4A i ( U _ $ Z I q 00 /LS( Z 1600 • d0 (Unit Price Amounts shall be shown in both words and num . In case of discrepancy, the amount shown in words shall govern.) 13. 1 LS Expose and connect the existing gas bartier trench to the new header line, �yy including all fittings and related appurtenances for the lump sum price of. - MATERIALS: Q�I�f1rh _ $ SO /LS( 4-30 • o6 U LABOR: $ 2.S22-O /LS( 21Sxa 00 ) lr.pI . TOTAL ITEM #13: Q�,^)�� .SIX �1s..11�,� $ 2•t�,00 /I..S( ZtlObO • CEO ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 14. 78 EA j Construct secondary penetration, as detailed in well bore seal for the price ' per each of: MATERIALS: �( $S /EA(a ...j LABOR: t 't1 ------$_ ZS __IEA( 9 t 0.00 } TOTAL ITEM #14: b ( $ �bo /EA( sl (POO.00 ) ' (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 15, 2 ACRE Reseeding disturbed areas as specified for the unit price per acre: MATERIALS: —ram $ /AC( LABOR: $ /AC( GI r Z-e° . Da } -., TOTAL ITEM # 15: _ _ 4zo—sa&A m1 j �Nfe-A $ 21, too/AC( t LW . t)o } (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offerer's Initials RFP 4 06-706-BMAd2 5 TOTAL PROPOSAL, ITEMS #1- #15: MA `TOTAL PROPO! ITEMS #1 - #15: (Unit Price Amounts shall be shown in both woks and numerals. In can of discrepancy, the amount RFP # 06-706.8K Addendum # 2 s ?Pl_Q 15--� 1 . 0-6 in words shall govern.) Proposer hereby agrees to commence the work on the above project on or before adate to be specified in a written 33 "Notice to Proceed" of th Owner and to substantially complete the project within 6 O # Days (Completed by Contractor ( to e 4 �z S • - 5 t X + =1(Written Days Lomipleted by Contractor consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Proposer hereby further agrees to pay to Owner as liquidated damages the sum of $185 (one hundred eighty-five dollars) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions cif the contract documents. Proposer understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of thirty (30) calendar days after the scheduled closing time Wr receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (50/0) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Bid/Prpposal Bond in the sum of S� Q 4c Dollars ($ i, which it is agreed shall be collected and retained ,,by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner "within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror's Initials RFP #! 06-706-BMA42 6 RFP # 06-706-BM, Addendum # 2 Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: ,8eepwar) 6ZS&3Ttwi Offeror acknowledges receipt of the following addenda: Addenda No. DateAoto b Addenda No. DateAddenda No. Date Addenda No. Date , Date: u Z l � o/ /&� z ari d ignature %--Vo/w as L&1 /-t (Printed or Typed Name) Company dres �. c- city, \ ` n County\alCo State V t� Zip Code Telephone: 3- Fax: 7 c) 3 - _,-A -? \ - M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) RFP # 06-706-BMAd2 LIST OF SUBCONTRACTORS Minority Owned Yes No 2. 3. D 0 4. c D 6. 7. p 8. 0 9. 10. 0 0 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO SECTION 28G OF THE GENERAL CONDITIONS. ■ 7uI 21 06 09:04a Willis Of Los Angeles 2136076301 p.2 b CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent And Attached to Proposal Submittal 1, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Agent/Broker. If l am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance cc to the City meeting all of the requirements defined in. this proposal. Gf" i1� -�"— �� ��9s �//� �•a2/a�[s� Contractor (Signature) Contractor�(Print) 1` CONTRACTOR'S FIRM NAME:�SC 4r\c%� P (Print or Type) CONTRACTOR'S FIRM ADDRESS: \�.� �� \\th �z c-©t1R\1•Q.3od ao Name of AgentBsoker: . '�%' T., > Agent / Broker (Signatki ej Lisa Clark Address ofAgenVBroker - a01 s. Figueroa, Suite 700 _. City/State/Zip. Los Angeles, CA 90017 AgcotBroker Telepbone Number: (�_ ) 607-6299 Date: July 21, 2006 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Interim Public Works Contracton Officer for the 9.tZ of Lubbock at (906) 775-2163. PROPOSAL #06-706-BM - UPGRADE EXISTING PIPELINE FOR GAS EXTRACTI©N-§YBTEM 8 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Proposal Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records' of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit therm with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received c' tions for violations of OSHA within the past three (3) years? YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of enviroza rental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, ' indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO V/ If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION, THREE Has the offeror, or the farm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO _Z If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that 1 have made no willful misrepresentations in this Questionnaire nor have I withheld information in my �. statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentati missions may cause my proposal to be rejected. Signature Title 10 ■ SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of 525,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. 1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COM Signa Date Printed name of company official signing above: _ 4 r A 9,4 fz"14 14, r� PAYMENT BOND r Duplicate Execution Bond Number: SU1017495 Premium included in charge for Performance Bond. STATUTORY PAYMENT BOND -PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Stearns Conrad & Schmidt as Principal(s), and Arch Insurance Company {hereinafter called the Principal(s), (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Five Hundred Twenty Eight Thousand Four** Dollars ($ 528,477.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, fmnly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24th day of August , 20 06 , t0 Upgrade Existing Pipeline for Gas Extraction System Contract #7033 and said Principal under the Jaw 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 1st day of September _20 o6 . Arch Insurance Company Surety i� :By: ( ifle Mich: R. Ssot, t ney-in-Fact , onnnitipg Epin?ers Inc. �b :08CS Field Services un3red even y Seven and 0 1 Stearns Conrad & Schmidt Consulting Engineers Inc. dba: SCS Field Services (Company Name) By: r� s A (Printed e) zvx ignature) 5 r.maz UICe- (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Donald Stitts 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. Arch Insurance Company suety *B it a hael Szot, Attorney -in -Fact Approved as to form: City o bock By; i Atto * 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. E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On September t , 2006 before me, Noemi Quiroz, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., "BANE DOE, NOTARY PUBLIC" Personally appeared Michael R. Szot , NAME(S) OF SIGNER(S) ® personally known to me - OR - NOEMI01 Gx'. Cpmrnlssion #fi I42Q878 �lo;ory Pt biic Cailfornia Orange CaunEY s NAY Comm. Expires Jun 26, 2 7 ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) islafe subscribed to the within instrument and acknowledged to me that hek4wl4b" executed the same in his/hertleir authorized capacity(ies), and that by histlieFltheir signatures) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE S my han Official seal. SIGNAT OF NOT RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL []CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY([ES) SIGNERS) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Edward N. Hackett of Santa Ana, CA Michael R. Szot of Los Angeles, CA its true and lawful Attorneys) -In -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these -presents, shall be as binding upon the said Company as fully and amply to all intents and purposes, as if .the same had IeerF duty executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent -of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President. or their. appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney .is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seat of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant.to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. DOML0013 00 03 03 Page 9 of 2 Printed in U.S.A. In "testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this _ _ 3Uth day of November, 2005 Attested and Certified Mary JeaiV/e Anobrson-�Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company CXMWCWAM sm �m Nlssosirt /%� zf547 GC Q./ Edward M. Titus, Vice President 1, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of. the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the.foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCINKUS, Notary Public City of Philadeoft, Pliila. County Kathleen Marcinkus, N tary Public NI Corrmssion Expires February 25, 2006 My commission expires 2-25-06 CERTIFICATION 1, Mary Jeanne Anderson, Vice President of the Ards Insurance Company, do hereby certify that the attached Power of Attorney dated November 30 2005 on behalf of the person(s) as listed above Is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, Was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name Company on this day of Sp If Z� .20 --, Mary Arch Insurance President This Power of Attorney limits the acts of those named therein to the bonds and ndertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. PERFORMANCE BOND Duplicate Execution Bond Number: SU1017495 Premium: $8;785.00 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS. MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Stearns' * (hereinafter called the Principal(s), as Principal(s), and _ Arch Insurance Comnanv _.. (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Five Hundred Twenty Eight Thousand Four** Dollars ($ �zs,4n _ nn ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24thday of August 2006, to Upgrade Existing Pipeline for Gas Extraction 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 1st day of September 2tA6 Arch Insurance Company Surety By: G (Title)Mic ael . Szot, Atto ey in -Fact * Conrad & Schmidt Consulting Engineers, Inc. dba: SCS Field Services * Hundred Seventy Seven and 00/100 Stearns Conrad & Schmidt Consulting Engineers Inc. dba: SCS Field Services (Company Name) (Printed ) 1�1�e4 A�w 6grfituie) 5�MOO ?— (Title) r- The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Donald Stitts an agent resident in Lubbock County to whom any requisite notices may be delivered and on whore service of process may be had in matters arising out of such suretyship. Arch Insurance Company Surety *By� .n• (Title104 ) c ae 5z�.P Attorney-Ln=Fa Approved as to Form City of bock C P4 y Ci orne * 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 attomey for our files. 2 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On September 1, 2006 - before me, Noemi Quiroz, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" Personally appeared Michael R. Szot , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence NOEMI OIIIlZOZ Commission # 1420878 Q Notory Public - Colifornia pa Orange County My Comm. Expires Jun 26, 2007 the person(s) whose name(s) islafe subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in his/he4their authorized capacity(ies), and that by hisAaerlthe* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI v SIGNATORE'OF I OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fra CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTAC ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT seal. reattachment of this form. DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Edward N. Hackett of Santa Ana, CA Michael R. Szot of Los Angeles, CA its true and lawful Attorneys}in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as Its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke "this appointment at any time. The execution of such bonds and undertakings in pursuance. of these -presents, shall be as binding upon the said Company as fully and amply to all intents and purposes, as* if the sameiad .iieei my executed and acknowledged by its regularly elected officers at its principal office in Kansas City, 'Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent -of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President,_ or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process " This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and flied with the Secretary, and the signature of the Vice President, the seat of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant.to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML009 3 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 30th day of November, 2a05 Arch Insurance Company Attested and Certified iti:sosrl � �•�� . Mary JeaDA An rson, President Edward M. Titus, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILA©ELPHIA SS 1, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same. persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the.foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL , KATHLEEN MARCINKt1S, Notey Rae •— !tt..rm ,. City of PhIladeoft, Ptifla. Cxxmly -Kathleen Marcinkus, N tary Public [My CamNsakn Expires February 25, 2006 My commission expires 2-25-06 CERTIFICATION I, Mary Jeanne Anderson, Vice President of the Arch insurance Company, do he certify that the attached Power -of Attorney dated November 30, 2005 on behalf of the person(s) as listed above is a true and connect copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attomey as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name Company on this day of SEE 0 f , 20 Mary This Power of Attorney limits the acts of those named therein to the bonds andrunder and they have no authority to bind the Company except in the manner and to the extent Arch Insurance President specifically named therein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING_ ADDRESS; Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 DOMLOO13 00 03 03 Page 2of2 Printed in U.S.A. CERTIFICATE OF INSURANCE ACCRD. CERTIFICATE OF LIABILITY INSURANCE Page I. of 3 1 08/31/2006 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE. CERTIRCATE wilUm nth erica. xne. 96 century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Boz 305292 l zwomvr le, Tw 372305191 INSURERS AFFORDING COVERAGE NAIC6 8C8 Bopineers INSVRERA: Zurich American ?aanrance ccovew 97855-700 SCS Field Bexvicom 609 Bnazyy B: Zurich American tasasanoo ComVozW 27055-001 INSURERC: Zurich-Amarican >aasgsance Compaxw 97855-003 3900 Kilroy Airport Way i100 Loop Beach, CA 90606-6816 D: E rrnvcQAnaft THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVATHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN M SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AbbjitEGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OFROUPANCE POLICY NUMBER pffaMw Pswamw umrm )1 ]C GEERALW4INUrf COM )ERCALOENERALUABILCIv CLAIMS MADE ITLI OCCUR GLOS04440412 3/31/2006 3/31/2007 EACHOCCURRENCE i 1,000,000 PR�I Ea ire i MED EXP any i 10,000 PERSONAL BAMWWRY i 11000,000 GENERALA00MMATE i 1.000,000 OWL AGGREGATE LOST APPLIES PER: POLICY LOC PRODUCTS • OOIP)OP AGO i 1,000,000 B K AUTOWWLELIAEmJTY ANY AUTO ALL OV0 EDAUTOS SCHEDULED AUTOS H JREDALITOS NON -OWNED AUTOSPROPERTY BAPS04440512 3/31/2006 3/31/2007 OoM8NMwwELuT i 2,000,000 � Y s BODILY WAJRY i (Puw*kffQDAM AGE i 0ARA0E UABILRY ANYAUTO AUTOOMLY - EA ACCOENT i OTFERTHAN EAACC AM ONLY: AGO i EXCESS UADA TY OCCUR CLkw MADE DEDUCTIBLE RETENTION EACH OCCURRIR CE S AGGREGATE i i i c VIORICERS COMPENUTMAM EWWYERS' UASILM ANY PROPRIETawPARTNER�E o .BER SPECAI. PROM o s AOS MCS43484102 4/1/2006 4/1/1007 E.L. EACH ACCIDENT s 3.000,000 E L DIBEEASE-EA EMPLOYEE E - POLICY"MIT OTHER DESCRIPTION OF ADDED BY EIVORSEMIMMIMCIAL PROVM1ONi Workers Compensation Coverages The Proprietor/ Partners/Aixecutive Officers are Included The Certificate Holder is named as Additional Insured under the General Liability coverage per the attached endorsement and under automobile Liability per the policy ford. This insurance is Primary per the policy forma. r1r-r Mr.ATFknl nFR r_ANr..FI I AnnN..,..... ,a .,...,..,.,, ........,..,.....4..- SHOULD ANYOF TE A0M DESCAISED POLKM BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE mama RM umR waL 13mmEEKwuL 3 0 DAYS wwnvN NOTICE TO THE CERTIRCAT! HOLDER NAM® TO THE City of Lubbock Attn: Bruce McNair eml AUTH ESENT4TWE P.O. Bo: 200 Lubbock, TX 79457 AGORD25(20011S) Collt1734390 Tplt486559 Cartt7657281 9AGM7RPGUHPUHATKJ"IVW w iS CERTIFICATE OF LIABILITY INSURANCE,,.,. 2 of 3 DATE 08/31/2006 PRODUCER 877-945-7378 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. 26 Century Blvd, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED 8CB Engineers INSURERA:Zurich American Insurance Company 27855-700 INSURERS: Zurich American Insurance Coepww 27855-001 SCS Field Services SCS Energy iNSURERC:Zurich-American Insurance cowyan27855-003 3900 Kilroy Airport Way #100 Long Reach, CA 90806-6816 INSURER n: INSURER E: Re: sob# 12206011.00. Job: upgrade existing pipeline for gas extraction system. Location: Lubbock, Texas. Additional insured: City of Lubbock. A waiver of subrogation applies to the General Liability coverage per the attached endorsement and Blanket on Auto Liability and Workers Compensation Coverage. Coll:1734390 Tpl:486559 Cert:7657281 Page 3 of 3 IMPORTANT It 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. ACQRD 25 (2001108) Coll:1734390 Tpl:486559 Cert:7657281 0 ZURICH Additional Insured — Automatic — Owners, Lessees Or Contractors — Broad Form Policy No. Eff. Date of Pol. Exp. Date of Pal. Eff. Date of End. Producer Add' 1. Prem. Return Prem. GL0804440412 3/31/2006 3/31/2007 $ I $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury„ or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products -completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured; or UOGL-I 175-A CW (9/03) Page 1 or 2 - Includes copyrighted material of Insurance Services Office, Inc. with its permission. 2. `Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an `occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in paragraph 4.c. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage fart not changed by the terms and conditions of this endorsement continue to apply as written. U-GL-1175-A CW (9/03) Page 2 of 2 POLICY NUMBER: GLO804440412 COMMERCIAL GENERAL LIABILITY INSURED: SCS Engineers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Re: Job# 12206011.00. DJob: Upgrade existing pipeline for gas extraction system. Ell_ocation: Lubbock, Texas. Name of Persons or Organization: City of Lubbock (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with' that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. k4 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: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 3 CONTRACT CONTRACT #7033 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 24'h day of August, 2006 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 SCS FIELD SERVICES of the City of RESTON, County of FAIRFAX and the State of VIRGINIA 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: PROPOSAL #06-706-BM - UPGRADE EXISTING PIPELINE FOR GAS EXTRACTION SYSTEM-$528,477.00 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. SCS Field Service's proposal dated July 24, 2006 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: 'S7��tRrvs G?rdl8+tb stw�a SiGlifh�pT L°s.�b�crrwo- d�✓6tN�>�, -LNG. By P TED NAME: iautirss 1S/ �Q ,eJ[�if.+S1M TITLE: S�lvle2 Jt� _ ��S�Dtee�" COMPLETE ADDRESS: Company Address 3 City, State, Zip ATTEST: CorporaM Sec CITY OF LUBBOC 7,T AS (O ): MAYOR ATTEST: City Se etary APPROVED AS TO CONTENT: �.. ��aii��l�+��'� 9 ,� ,� '� GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. CONTRACTOR Whenever the word Contractor, or Second Parry, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit SCS FIELD SERVICES who has agreed to perform the work embraced in this contract, or their legal 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 LANDFILL MANAGER, 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 Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, hrsurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11, KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished 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 It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement; and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. IT CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work, and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment 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 proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative_ In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 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, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any lass under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1 0�00 0,00 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury With Heavy Equipment Coverage B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned autos including (any auto): Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as a primary additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance -- NOT REQUIRED E. Umbrella Liability Insurance — NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 40I.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. 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 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. 10 G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete 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; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current 11 coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804-4000 (lattp.11www.twce.state.tx us/tweccontacts.html} 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 12 (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 13 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 proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND 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 sutra of $25 (TWENTY-FIVE) 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 faxed 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. 14 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; 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 proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than 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. 3& QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ 15 somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 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 16 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would 18 have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do 19 business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL, CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firth, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, 20 disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 21 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 I EXHIBIT B Paving and Highway Construction z Prevailing Wage Rates Craft Hourly Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 - Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 ... _ Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 OA EXHIBIT C Prevailing Wage Rates 3 Overtime Rate :f 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 pair Labor Standards Act. 3 SPECIFICATIONS Specifications City of Lubbock MSW No. 69 Gas Well Rehab and 78th and Orlando Gas Collection System Rehab Lubbock, Texas May 2006 PSC Project #: 01385006 TABLE OF CONTENTS DIVISION 0 - BIDDING REQUIREMENTS AND CONTRACT INFORMATION Bid Form DIVISION 1 - GENERAL REQUIREMENTS 01025 Measurement and Payment 01100 Summary 01270 Unit Prices 01290 Payment Procedures 01320 Construction Progress Documentation 01330 Submittal Procedures 01400 Quality Requirements 01500 Temporary Facilities and Controls 01770 Closeout Procedures 01781 Project Record Documents 01782 Operation and Maintenance Data 01820 Demonstration and Training DIVISION 2 - SITE WORK 02147 Landfill Gas Well Heads 02320 Utility Backfill Materials 02584 Underground Ducts and Utility Structures 02665 Piping, Valves and Miscellaneous Items 02700 Site Utilities 02751 Reinforced Concrete for Site Work DIVISION 3 -16 Not Used 01385006 TABLE OF CONTENTS PAGE - 1 05i06 MIGN PROFESSIONAL RESPONSIBILITY SECTION 01025 MEASUREMENT AND PAYMENT PART 1- GENERAL The bid price on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. 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 MOBILIZATIONIDEMOBILIZATION Payment will be made for mobilizing and demobilizing all equipment, tools, and all other job -related items to and from the job site. Price will be on a lump sum basis and shall include all equipment, labor, materials, superintendence and all incidentals necessary to become fully mobilized at the start of the project and demobilized when work is complete. This bid item shall not exceed 3% of the contract price. 1.2 KNOCK OUT TANKS Payment will be made for providing and installing gravity knockout tanks, as specified, on a per each basis. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install the knockout pots as shown on the plans. Concrete backfill, where required due to ground water, shall be considered subsidiary to this bid item. 1.3-1.6 WELLHEAD AND RELATED APPURTENANCES 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. Price also includes all demolition of existing wellheads necessary to install the new wellhead. 1.7 WELL -BORE SEAL Payment will be made for providing and installing well -bore seals as shown on the plans. Price shall include all excavation, backfill, equipment, labor, material, superintendence, fitting, and all incidentals necessary to completely install the well bore seals as shown on the plans. 1.8-1.9 HDPE GAS COLLECTION PIPE Payment will be made for providing and installing HDPE gas collection pipe, as specified, at the unit price per linear foot. Price shall include all excavation, specified backfill, compaction, equipment, labor, materials, superintendence and all incidentals necessary to completely install the pipe as shown on the plans. All fittings, bends, tees, welds, etc. necessary to complete the line shall be considered subsidiary to this item. The following materials will be made available by the Owner for incorporation into the project: 01385006 MEASUREMENT AND PAYMENT 01025 - 1 05/06 4-inch HDPE -- 2,060 L.F. 6-inch HDPE — 345 L.F. The pipe is stockpiled at MSW No 69. It is the Contractors' responsibility for transporting the pipe to the project location. Bid quantities include all material required on the project. The Contractor shall adjust the bid price to account for Owner -provided materials. 1.10-1.11HDPE ISOLATION VALVES (GAS COLLECTION LINES) Payment will be made for providing and installing HDPE isolation valves and valve boxes along the gas collection line on a per each basis. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install the valves and related valve box as shown on the plans. The Owner will supply one 4-inch diameter isolation valve for use by the Contractor on the project. The bid quantity represents the total materials required on the project. The Contractor shall adjust the bid price to account for the Owner -provided materials. 1.12 FLARE TIE-IN Payment will be made for connecting the new gas header to the flare intake outside the flare building. The Contractor shall be responsible for visiting the site to study the flare intake line. Price will be on a lump sum basis and shall include equipment, labor, materials, superintendence and all incidentals necessary to complete the tie-in. 1.13 GAS BARRIER TRENCH TIE-IN Payment will be made for exposing the gas barrier trench pipe and tieing it to the new header. Price will be on a lump sum basis and shall include all exploratory excavation, related baekf ll, equipment, labor, materials, superintendence and all incidentals necessary to complete the tie-in. 1.14 ASBESTOS DISPOSAL Payment will be made for disposing of excavated asbestos at the contract unit price per ton. The Contractor is responsible for disposing of the asbestos at an approved facility. 1.15 SEEDING Payment will be made at the unit price per acre for reseeding all areas disturbed during construction. The Owner's representative will determine what areas are to be seeded. Price shall include all watering and fertilizer necessary to achieve a stand of grass. Price shall also include all labor, materials, superintendence, equipment and incidentals necessary to seed disturbed areas and achieve a stand of grass. 1.16 EXCAVATED SOLID WASTE DISPOSAL The Owner will provide a roll -off container for the Contractor to dispose of excavated trash. The Owner will be responsible for hauling off the full container. The Contractor shall bear the cost of importing borrow material as necessary to replace the trash. Cost for importing borrow material shall be considered subsidiary to all other bid items. 01385006 MEASUREMENT AND PAYMENT 01025 - 2 05/06 1.17 FINAL CLEANUP (INCIDENTAL COST TO ALL BID ITEMS) The Contractor shall make 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 material and in general preparing the site of the work in an orderly manner. The cost of cleanup shall be included as part of the cost of the various items of work involved and no direct compensation will be made for this work. 1.18 SURVEYING .2 No separate payment shall be made for construction surveying. The cost of surveying shall be included in the bid prices of the applicable pay items. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01385006 MEASUREMENT AND PAYMENT 01025 - 3 05/06 SECTION 01100 SUMMARY PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Project; Work covered by Contract Documents. B. Work by Owner. C. Owner furnished products. D. Contractor use of site and premises. E. Future work. F. Work Sequence. G. Owner Occupancy. 1.3 PROJECT; WORK COVERED BY CONTRACT DOCUMENTS A. Without force or effect, work of the Project consists of construction of a condensate removal system and expansion of the gas wellfield. Elements of the project include: 1. Installation of new gas collection pipe below grade at 781h and Orlando. 2. Installation of new wellheads at 781h and Orlando. 3. Installation of miscellaneous valves and condensate knockout pots at 78`h and Orlando. 4. Installation of new wellheads at MSW #69. 1.4 WORK BY OWNER A. The Owner will assist the Contractor in locating existing lines, gas wells, etc. 1.5 OWNER FURNISHED PRODUCTS A. The Owner will not furnish any products associated with this project. 1.6 CONTRACTOR USE OF SITE AND PREMISES A. Limit use of site and premises to allow: 1. Owner occupancy at all times. 2. Use of site and premises by public. B. Construction Operations: Limited to areas noted on Drawings. C. Time Restrictions for Performing Work. Work hours will be coordinated with the Owner. 1.7 FUTURE WORK A. Not Applicable. 01385006 SUMMARY 01100 - 1 05/06 1.8 WORK SEQUENCE A. The work included in the contract shall be completed as follows: Phase 1— All work at 78`b and Orlando — 75 calendar days. Phase 2 — All work at MSW No. 69 —120 calendar days. Phase 1 work must be completed before moving to Phase 2. 1.9 OWNER OCCUPANCY A. The Owner will occupy the premises during entire period of construction for the conduct of normal operations. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used LoH001a LIM"[61211 01385006 SUN0 ARY 01100 - 2 05106 SECTION 01270 UNIT PRICES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for unit prices. 1.2 DEFINITIONS A. Unit price is an amount proposed by bidders, as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if estimated quantities of Work required by the Contract Documents are increased or decreased. 1.3 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit. B. Measurement and Payment: Refer to Section 01025 for work that requires establishment of unit prices. C. Owner reserves the right to reject Contractor's measurement of work -in -place that involves use of established unit prices and to have this work measured, at Ownces expense, by an independent surveyor acceptable to Contractor. D. List of Unit Prices: A list of unit prices is included in the proposal section. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01270 01385006 UNIT PRICES 01270-1 05/06 SECTION 01290 PAYMENT PROCEDURES PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Sections include the following: 1. Division I Section "Unit Prices" for administrative requirements governing use of unit prices. 2. Division 1 Section "Construction Progress Documentation" for administrative requirements governing preparation and submittal of Contractor's Construction Schedule and Submittals Schedule. 1.3 DEFINITIONS A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 1.4 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor's Construction Schedule. I. Correlate line items in the Schedule of Values with other required administrative forms and schedules, including the following: a. Application for Payment forms with Continuation Sheets. b. Submittals Schedule. 2. Submit the Schedule of Values to Engineer at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment. B. Format and Content: Use the Project Bid Form as a guide to establish line items for the Schedule of Values. Provide at least one line item for each Specification Section. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Name of Engineer. C. Engineer's project number. d. Contractor's name and address. e. Date of submittal. 01385006 PAYMENT PROCEDURES 01290 - 1 05/06 2. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Description of the Work. C. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers) that affect value. g. Dollar value. 1) Percentage of the Contract Sum to nearest one -hundredth percent, adjusted to total 100 percent. 3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Bid Form. Provide several line items for principal subcontract amounts, where appropriate. 4. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 5. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on -site and items stored off -site. Include evidence of insurance or bonded warehousing if required. 6. Allowances: Provide a separate line item in the Schedule of Values for each allowance. Show line -item value of unit -cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. 7. Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. 8. Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.5 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Engineer and paid for by Owner. I. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times. The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction Work covered by each Application for Payment is the period indicated in the Agreement. C. Payment Application Times: The date for each progress payment is the 15th day of each month. The period covered by each Application for Payment starts on the day following the end of the preceding period and ends 15 days before the date for each progress payment. D. Payment Application Forms: Use AIA Document G702 and AIA Document G703 Continuation Sheets as form for Applications for Payment. E. Payment Application Forms: Use forms provided by Owner for Applications for Payment. Sample copies are included at end of this Section. 01385006 PAYMENT PROCEDURES 01290 - 2 05106 F. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sip legal documents on behalf of Contractor. Engineer will return incomplete applications without action. 1. Entries shall thatch data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions were made. 2. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. G. Transmittal: Submit 3 signed and notarized original copies of each Application for Payment to Engineer by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. H. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's lien from every entity who is lawfully entitled to file a mechanic's lien arising out of the Contract and related to the Work covered by the payment. 1. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's liens from subcontractors, sub -subcontractors, and suppliers for construction period covered by the previous application. 1. Submit partial waivers on each item for amount requested, before deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers. 3. Owner reserves the right to designate which entities involved in the Work must submit waivers. 4. Submit final Application for Payment with or preceded by final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien. 5. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner. J. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Schedule of Values. 3. Contractor's Construction Schedule (preliminary if not final). 4. Products list. 5. Schedule of unit prices. 6. Submittals Schedule (preliminary if not final). 7. List of Contractor's staff assignments. 8. List of Contractor's principal consultants. 9. Copies of permits. 10. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 11. Initial progress report. 12. Report of preconstruction conference. 13. Certificates of insurance and insurance policies. 14. Performance and payment bonds. 15. Data needed to acquire Owner's insurance. 16. initial settlement survey and damage report if required. 01385006 PAYMENT PROCEDURES 01290 - 3 05/06 K. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sutra. 2. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. L. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: I. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims." 5. AIA Document G706A, "Contractor's Affidavit of Release of Liens." 6. AIA Document G707, "Consent of Surety to Final Payment." 7. Evidence that claims have been settled. 8. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work (if applicable). 9. Final, liquidated damages settlement statement. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01290 01385006 PAYMENT PROCEDURES 01290 - 4 05/06 SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION PART 1 • GENERAL Li RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. Preliminary Construction Schedule. 2. Contractor's Construction Schedule. 3. Submittals Schedule. 4. Daily construction reports. 5. Material location reports. 6. Field condition reports. 7. Special reports. B. Related Sections include the following: I . Division 1 Section "Submittal Procedures" for submitting schedules and reports. 2. Division 1 Section "Quality Requirements" for submitting a schedule of tests and inspections. 1.3 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical activities are activities on the critical path. They must start and Finish on the planned early start and finish tunes. 2. Predecessor Activity: An activity that precedes another activity in the network. 3. Successor Activity: An activity that follows another activity in the network. B. Cost Loading: The allocation of the Schedule of Values for the completion of an activity as scheduled. The sum of costs for all activities must equal the total Contract Sum, unless otherwise approved by Architect. C. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project. D. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float. E. Event: The starting or ending point of an activity. F. Float: The measure of leeway in starting and completing an activity. 1. Float time is not for the exclusive use or benefit of either Owner or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date_ 2. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the successor activity. 01385006 CONSTRUCTION PROGRESS DOCUMENTATION 01320 - 1 05/06 3. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date. G. Fragnet: A partial or fragmentary network that breaks down activities into smaller activities for greater detail. H. Major Area: A story of construction, a separate building, or a similar significant construction element. 1. Milestone: A key or critical point in time for reference or measurement. J. Network Diagram.: A graphic diagram of a network schedule, showing activities and activity relationships. K. Resource Loading: The allocation of manpower and equipment necessary for the completion of an activity as scheduled. 1.4 SUBMITTALS A. Qualification Data: For scheduling consultant. B. Submittals Schedule: Submit Eve (5) copies of schedule. Arrange the following information in a tabular format: 1. Scheduled date for first submittal. 2. Specification Section number and title. 3. Submittal category (action or informational). 4. Name of subcontractor. 5. Description of the Work covered. 6. Scheduled date for Engineer's final release or approval. C. Preliminary Construction Schedule: Submit five (5) copies. D. Contractor's Construction Schedule: Submit five (5) copies of initial schedule, large enough to show entire schedule for entire construction period. E. Daily Construction Reports: Retain daily construction reports for use by Owner as necessary. F. Field Condition Reports: Submit five (5) copies at time of discovery of differing conditions. 1.5 COORDINATION A. Coordinate Contractor's Construction Schedule with the Schedule of Values, list of subcontracts, Submittals Schedule, progress reports, payment requests, and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from parties involved. 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. PART2-PRODUCTS 2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL A. Procedures: Comply with procedures contained in AGC's "Construction Planning & Scheduling." B. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Substantial Completion. 01385006 CONSTRUCTION PROGRESS DOCUMENTATION 01320 - 2 05106 C. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected. 1. Phasing: Arrange list of activities on schedule by phase. 2. Products Ordered in Advance: Include a separate activity for each product. Include delivery date indicated in Division 1 Section "Summary." Delivery dates indicated stipulate the earliest possible delivery date. 3. Area Separations: Identify each major area of construction for each major portion of the Work. 2.2 PRELIMINARY CONSTRUCTION SCHEDULE A. Bar -Chart Schedule: Submit preliminary horizontal bar -chart -type construction schedule within seven days of date established for the Notice to Proceed. B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. Outline significant construction activities for first 60 days of construction. Include skeleton diagram for the remainder of the Work and a cash requirement prediction based on indicated activities. 2.3 REPORTS A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site: I. List of subcontractors at Project site. 2. List of separate contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events (refer to special reports). 10. Stoppages, delays, shortages, and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial Completions and occupancies. 19. Substantial Completions authorized. B. Field Condition Reports: Immediately on discovery of a difference between field conditions and the Contract Documents, prepare and submit a detailed report. Submit with a request for interpretation. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. PART 3 - EXECUTION Not Used END OF SECTION 01320 01385006 CONSTRUCTION PROGRESS DOCUMENTATION 01320 - 3 05/06 SECTION 01330 SUBMITTAL PROCEDURES PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division I - General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Submittal procedures. B. Construction progress schedules. C. Proposed products list. D. Shop drawings. E. Product data. F. Samples. G. Design data. H. Test reports. I. Certificates. J. Manufacturers' instructions. K. Manufacturers' field reports. L. Construction photographs. 1.3 RELATED SECTIONS A. Section 01400 - Quality Requirements: Manufacturers' field services and reports; Testing Laboratory Services. B. Section 01700 — Closeout Procedures: Contract warranty, manufacturer's certificates and closeout submittals. 1.4 SUBMITTAL PROCEDURES A. Submit to Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. B. Produce copies and distribute in accordance with SUBMITTAL. PROCEDURES article and for record documents purposes described in Section 01781. C. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. D. Sequentially number transmittal forms using Section number or Contractors other sequential numbering system. E. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing sheet and detail numbers), and specification Section number, appropriate to submittal. F. 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. 01385006 SUBMITTAL PROCEDURES 01330 - 1 05/06 G. Schedule submittals to expedite the Project, and deliver to Engineer at business address. Coordinate submission of related items. H. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. I. Identify variations from Contract Documents and product or system limitations which may be detrimental to successful performance of completed Work. J. Allow space on submittals for Contractor and Engineer review stamps. K. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. L. Submittals not requested will not be recognized or processed. M. Format I. Submit all submittals using an 8 %z x I 1 inch format. 2. For submittals larger than 8 %Z x 11 inches, prefold to an 8 '/z x 11 format. Submittals not pre -folded will be rejected. N. At Engineer's option, submittals will not be individually marked, but will be reviewed using Engineer's standard submittal review form. O. Copies Required 1. Civil Submittals: Number of copies Contractor requires plus three copies which will be retained by Engineer. 2. Electrical Submittals: Number of copies Contractor requires plus three copies which will be retained by Engineer. P. The submittal procedures described in this paragraph applies to the Construction Progress Schedule, Products List, Shop Drawings, Product Data, Samples, Design Data, Test Reports, Certificates, Manufacturer's Instructions and Field Reports, Erection Drawings and any other type of submittal submitted to Engineer. 1.5 RESUBMITTAL REQUIREMENTS A. Revise and resubmit submittals, as required, and resubmit to meet requirements as specified and as noted on submittal reviews. B. Mark as RESUBMITTAL. C. Re -use original transmittal number and supplement with sequential alphabetical or numeric suffix for each re -submittal. 1.6 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate for Engineer's review within 15 days after date established in Notice to Proceed. B. Revise and resubmit as required. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Indicate estimated percentage of completion for each item of Work at each submission. 1.7 SHOP DRAWINGS A. Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. B. Drawing Size: Minimum 8 '/z x 1 I inches and maximum 30 x 42 inches. C. Draw details to a minimum size of 1/2 inches equal to 1 foot. 01385006 SUBMITTAL PROCEDURES 01330 - 2 05/06 D. Draw site plans to same scale indicated on contract drawings. E. Draw all other plans to a minimum size of I/8 inch equal to I foot. 1.8 PRODUCT DATA A. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. B. Include recommendations for application and use, and reference to compliance with specified standards of trade associations and testing agencies. C. Include notation of special coordination requirements for interfacing with adjacent work. 1.9 DESIGN DATA A. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. 1.10 TEST REPORTS A. Submit test reports for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. 1.11 CERTIFICATES A. When specified in individual specification sections, submit certification by manufacturer, installation/application subcontractor, or Contractor to Engineer, 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. 1.12 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing. B. Identify conflicts between manufacturers' instructions and Contract Documents. C. Indicate special procedures, conditions requiring special attention and special environmental criteria required for application or installation. 1.13 MANUFACTURER'S FIELD REPORTS A. Submit reports for Engineer's benefit as contract administrator or for Owner. B. Submit report within 30 days of observation to Engineer for information. C. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. 01385006 SUBMITTAL PROCEDURES 01330 - 3 05106 1.14 ERECTION DRAWINGS A. Submit drawings for Engineer's benefit as contract administrator or for Owner. B. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. C. Data indicating inappropriate or unacceptable Work may be subject to action by Engineer or Owner. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used 01385006 SUBMITTAL PROCEDURES 01330 - 4 05/06 SECTION 01400 QUALITY REQUIREMENTS PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division i - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality control and control of installation. B. Tolerances. C. References. D. Testing and Inspection services. E. Manufacturers' field services. F. Examination 1.3 RELATED SECTIONS A. Section 01330 - Submittal Procedures: Submission of Manufacturers' Instructions and Certificates. 1 A QUALITY CONTROL AND CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Verify field measurements are as indicated on Shop Drawings or as instructed by manufacturer. G. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. 1.5 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Engineer before proceeding. C. Adjust products to appropriate dimensions; position before securing in place. 01385006 QUALITY REQUIREMENTS 01400 - 1 05/06 1.6 REFERENCES A. For products or workmanship specified by association, trade, or other consensus standards, comply with requirements of 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 of Notice to Proceed, except where a specific date is established by Code. C. Obtain copy of standards when required by specification section. D. Neither contractual relationship, duties nor responsibilities of parties in Contract nor those of the Engineer shall be altered from Contract Documents by mention or inference otherwise in any reference document. 1.7 TESTING AND INSPECTION SERVICES A. Owner will appoint, employ, and pay for specified services of an independent firm to perform inspection and testing. B. The independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the Engineer or the Owner. 1. Laboratory: Authorized to operate in State of Texas. 2. Laboratory Staff Maintain full time registered Engineer on staff to review services. 3. Testing Equipment: Calibrated at reasonable intervals with devices of an accuracy traceable to National Bureau of Standards or accepted values of natural physical constants. C. Testing, inspections and source quality control may occur on or off project site. Perform off - site testing as required by Engineer or Owner. D. Submitted independent firm's reports to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. E. Cooperate with independent firm; furnish samples of materials, design nix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. l . Notify Engineer and independent firm 48 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. F. Testing and employment of testing agency or laboratory does not relieve Contractor from performing Work to contract requirements. G. Perform re -testing and/or re -inspection required because of non-conformance to specified requirements using the same independent firm on instructions by the Engineer or Owner. Payment for retesting will be charged to the Contractor by deducting inspection or testing charges from the Contract Sum/Price. H. Agency Responsibilities: 1. Test samples of nixes submitted by Contractor. 2. Provide qualified personnel at site. Cooperate with Engineer and Contractor in performance of services. 3. Perform specified sampling and testing of products in accordance with specified standards. 4. Ascertain compliance of materials and mixes with requirements ofContract Documents. 5. Promptly notify Engineer and Contractor of observed irregularities or non-conformance of Work or products. 6. Perform additional tests required by Engineer. 7. Attend preconstruction meetings and progress meetings. 01385006 QUALITY REQUIREMENTS 01400 - 2 05/06 I. Agency Reports: After each test, promptly submit three (3) copies of report to Engineer and to Contractor. When requested by Engineer, provide interpretation of test results. Include the following: 1. Date issued. 2. Project title and number. 3. Name of inspector. 4. Date and time of sampling or inspection. 5. Identification of product and specifications section. 6. Location in Project. 7. Type of inspection or test. 8. Date of test. 9. Results of tests. 10. Conformance with Contract Documents. J. Limits On Testing Authority: I. Agency or laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency or laboratory may not approve or accept any portion of the Work. 3. Agency or laboratory may not assume duties of Contractor. 4. Agency or laboratory has no authority to stop the Work. 1.8 MANUFACTURERS' FIELD SERVICES A. When specified in individual specification Sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance of equipment as applicable, and to initiate instructions when necessary. B. Submit qualifications of observer to Engineer 30 days in advance of required observations. Observer subject to approval of Engineer. C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. D. Refer to Section 01330 - SUBMITTAL PROCEDURES, MANUFACTURERS' FIELD REPORTS article. PART 2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 EXAMINATION A. Verify 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 utility services are available, of correct characteristics, and in correct locations. END OF SECTION 01385006 QUALITY REQUIREMENTS 01400 - 3 05/06 SECTION 01500 TEMPORARY FACILITIES & CONTROLS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division I - General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Temporary Utilities: Electricity, telephone service, water, and sanitary facilities. B. Temporary Controls: Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction. Facilities: Access roads, Parking, progress cleaning, project signage, and temporary buildings. 1.3 TEMPORARY ELECTRICITY A. Connect to existing power service. Power consumption shall not disrupt Owner's need for continuous service. 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 as required. Provide flexible power cords as required. D. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electric Code. 1.4 TELEPHONE SERVICE A. As a minimum, provide mobile telephone service for the on -site superintendent and home office telephone service. 1.5 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. 1.6 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. 1.7 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. 01385006 TEMPORARY FACILITIES & CONTROLS 01500 - 1 05106 1.8 FENCING A. Construction will occur within site fence. Coordinate access to locks with Owner. 1.9 WATER CONTROL A. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.10 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. 1.11 ACCESS ROADS A. Existing on -site roads may be used for construction traffic. 1.12 PARKING A. Arrange for temporary surface parking areas to accommodate construction personnel. B. Do not park in areas that affect Owner's operations. 1.13 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. 1.14 FIELD OFFICE A. Provide field office if necessary. Coordinate location with Owner. 1.15 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, and materials as soon as permanent facilities can be utilized. B. Clean and repair damage caused by installation or use of temporary work. C. 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 01385006 TEMPORARY FACILITIES & CONTROLS 01500 - 2 05/06 SECTION 01770 CLOSEOUT PROCEDURES I7a�'.i1:.:awe1: i;127i m 1.1 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection procedures. 2. Warranties. 3. Final cleaning. B. See Division 1 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. C. See Division 1 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. D. See Division 1 Section "Demonstration and Training" for requirements for instructing Owncrs personnel. E. See Divisions 2 through 16 Sections for specific closeout and special cleaning requirements for the Work in those Sections. ��Yi :1ICU ItlM KEG►ISNQ ICOIZI A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work. 5. Prepare and submit Project Record Documents, operation and maintenance manuals, Final Completion construction photographs, damage or settlement surveys, and similar final record information. 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems. 4. Submit test/adjust/balance records. 10. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 11. Advise Owner of changeover in heat and other utilities. 12. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. 13. Complete final cleaning requirements, including touchup painting. 01385006 CLOSEOUT PROCEDURES 01770 - 1 ,11-iDZoi B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Engineer, that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for Final Completion. 13 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: I. Submit a final Application for Payment. 2. Submit certified copy of Engineer's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Engineer. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.4 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Preparation: Submit five copies of list. Include name and identification of each area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1.5 WARRANTIES A. Submittal Time: Submit written warranties on request of Engineer for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. C. Provide additional copies of each warranty to include in operation and maintenance manuals. 01385006 CLOSEOUT PROCEDURES 01770 - 2 05/06 PART2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Provide final cleaning. Conduct cleaning and waste -removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Do not burn waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. END OF SECTION 01770 01385006 CLOSEOUT PROCEDURES 01770 - 3 05/06 SECTION 01781 PROJECT RECORD DOCUMENTS PART 1- GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for Project Record Documents, including the following: 1. Record Drawings. 2. Record Specifications. 3. Record Product Data. B. See Division 1 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. C. See Divisions 2 through 16 Sections for specific requirements for Project Record Documents of the Work in those Sections. 1.2 SUBMITTALS A. Record Drawings: Comply with the following: I . Number of Copies: Submit one set of marked -up Record Prints. B. Record Specifications: Submit one copy of Project's Specifications, including addenda and contract modifications. C. Record Product Data: Submit two (2) copies of each Product Data submittal. PART 2-PRODUCTS 2.1 RECORD DRAWINGS A. Record Prints: Maintain one set of blue- or black -line white prints of the Contract Drawings and Shop Drawings. 1. Preparation: Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked -up Record Prints. a. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SURVEYING THE AS -BUILT LOCATION OF ALL BELOW GRADE CONSTRUCTION. SUBMIT SURVEY TO ENGINEER AT CLOSE OF PROJECT. b. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. C. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. 2. Mark the Contract Drawings or Shop Drawings, whichever is most capable of showing actual physical conditions, completely and accurately. If Shop Drawings are marked, show cross-reference on the Contract Drawings. 01385006 PROJECT RECORD DOCUMENTS 01781 - 1 05106 3. Mark record sets with erasable, red -colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. 4. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. B. Format: Identify and date each Record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1. Identification: As follows: a. Project name. b. Date. C. Designation "PROJECT RECORD DRAWINGS." d. Name of Architect. e. Name of Contractor. 2.2 RECORD SPECIFICATIONS A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. I . Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. 3. Record the name of manufacturer, supplier, Installer, and other information necessary to provide a record of selections made. 4. Note related Change Orders and Record Drawings where applicable. 2.3 MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. PART 3 - EXECUTION 3.1 RECORDING AND MAINTENANCE A. Recording: Maintain one copy of each submittal during the construction period for Project Record Document purposes. Post changes and modifications to Project Record Documents as they occur; do not wait until the end of Project. B. Maintenance of Record Documents: Store Record Documents in the field office apart from the Contract Documents used for construction. Do not use Project Record Documents for construction purposes. Maintain Record Documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to Project Record Documents for Engineer's reference during normal working hours. END OF SECTION 01781 01385006 PROJECT RECORD DOCUMENTS 01781 - 2 05106 SECTION 01782 OPERATION AND MAINTENANCE DATA PART 1- GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. Operation manuals for systems, subsystems, and equipment. 2. Maintenance manuals for the care and maintenance of systems and equipment. B. See Divisions 2 through 16 Sections for specific operation and maintenance manual requirements for the Work in those Sections. 1.2 SUBMITTALS A. Manual: Submit one copy of each manual in final form at least 15 days before final inspection. Engineer will return copy with comments within 15 days after final inspection. 1. Correct or modify each manual to comply with Engineer's comments. Submit 3 copies of each corrected manual within 15 days of receipt of Engineer's comments. PART 2 - PRODUCTS 2.1 MANUALS, GENERAL A. Organization: Unless otherwise indicated, organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each manual shall contain a title page, table of contents, and manual contents. B. Title Page: Include the following information: 1. Subject matter included in manual. 2. Name and address of Project. 3. Name and address of Owner. 4. Date of submittal. 5. Name, address, and telephone number of Contractor. 6. Name and address of Engineer. 7. Cross-reference to related systems in other operation and maintenance manuals. C. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual. D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single binder. 1. Binders: a. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name, and subject matter of contents. Indicate volume number for multiple -volume sets. 2. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a. If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. 01385006 OPERATION AND MAINTENANCE DATA 01782 - 1 05/06 b. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations. 2.2 OPERATION MANUALS A. Content: In addition to requirements in this Section, include operation data required in individual Specification Sections and equipment descriptions, operating standards, operating procedures, operating logs, wiring and control diagrams, and license requirements. B. Descriptions: Include the following: l . Product name and model number. 2. Manufacturer's name. 3. Equipment identification with serial number of each component. 4. Equipment function. 5. Operating characteristics. 6. Limiting conditions. 7. Performance curves. 8. Engineering data and tests. 9. Complete nomenclature and number of replacement parts. C. Operating Procedures: Include start-up, break-in, and control procedures; stopping and normal shutdown instructions; routine, normal, seasonal, and weekend operating instructions; and required sequences for electric or electronic systems. D. Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as installed. E. Piped Systems: Diagram piping as installed, and identify color -coding where required for identification. 2.3 PRODUCT MAINTENANCE MANUAL A. Content: Organize manual into a separate section for each product or material. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross- reference Specification Section number and title in Project Manual. C. Product Information: Include the following, as applicable: L Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products. D. Maintenance Procedures: Include manufacturer's written recommendations and inspection procedures, maintenance and repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 01385006 OPERATION AND MAINTENANCE DATA 01782 - 2 [IM101- 2.4 SYSTEMS AND EQUIPMENT MAINTENANCE MANUAL A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below. B. Source Information: List each system, subsystem, and piece of equipment included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual. C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including maintenance instructions, drawings and diagrams for maintenance, nomenclature of parts and components, and recommended spare parts for each component part or piece of equipment: D. Maintenance Procedures: Include test and inspection instructions, troubleshooting guide, disassembly instructions, and adjusting instructions that detail essential maintenance procedures. E. Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment. F. Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local sources of maintenance materials and related services. G. Maintenance Service Contracts: Include copies of maintenance agreements with name and telephone number of service agent. H. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. PART 3 - EXECUTION 3.1 MANUAL PREPARATION A. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work. B. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system. C. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable. D. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in Record Drawings to ensure correct illustration of completed installation. 1. Do not use original Project Record Documents as part of operation and maintenance manuals. 01385006 OPERATION AND MAINTENANCE DATA 01782 - 3 05/06 E. Comply with Division I Section "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF SECTION 01782 01385006 OPERATION AND MAINTENANCE DATA 01782 - 4 05/06 I 2. Slump: ASTM C 143; one test at point of placement for each compressive -strength test, but not less than one test for each day's pour of each type of concrete. Additional tests will be required when concrete consistency changes. 3. Air Content: ASTM C 231, pressure method; one test for each compressive -strength test, but not less than one test for each day's pour of each type of air -entrained concrete. 4. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F and below and when 80 deg F and above, and one test for each set of compressive -strength specimens. 5. Compression Test Specimens: ASTM C 31/C 31M; one set of four standard cylinders for each compressive -strength test, unless otherwise indicated. Cylinders shall be molded and stored for laboratory -cured test specimens unless field -cured test specimens are required. 6. Compressive -Strength Tests: ASTM C 39; one set for each day's pour of each concrete class exceeding 5 cu. yd., but less than 25 cu. yd., plus one set for each additional 50 cu. yd.. One specimen shall be tested at 7 days and two specimens at 28 days; one specimen shall be retained in reserve for later testing if required. 7. When frequency of testing will provide fewer than five compressive -strength tests for a given class of concrete, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used. C. Test results shall be reported in writing to Engineer and Contractor within 24 hours of testing. Reports of compressive -strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing agency, concrete type and class, location of concrete batch in pavement, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength, and type of break for both 7- and 28-day tests. D. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by Engineer but will not be used as the sole basis for approval or rejection. E. Additional Tests: Contractor shall make additional tests of the concrete when test results indicate slump, air entrainment, concrete strengths, or other requirements have not been met, as directed by Engineer. Contractor may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed. F. Contractor shall pay for failing tests. G. Questionable Concrete 1. Concrete shall be considered "Questionable Concrete" where any of the following test evaluations occur: t a. Individual test strength is below specified strength; or b. Samples of concrete for acceptance test cylinders or acceptance test beams are not representative of concrete -in -place in the pavement; or C. Insufficient or inadequate concrete curing; or d. Insufficient number of acceptance test cylinders or acceptance test beams for day's concreting were made for testing. 2. Except where core tests will impair the strength of the structure, core test as directed by the Owner shall be made at no cost to the Owner to resolve Questionable Concrete. If core tests fail to demonstrate the test strength required by the contract documents or structural analysis does not confirm the adequacy of the structure, the Owner may, at his discretion, reject the work or require load tests or additional construction. Should structural analysis confirm the adequacy of the pavement, the Owner may, at his discretion, accept the concrete with credit for the full value of the concrete delivered to the site in accordance with the General Conditions. 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 10 05106 No Text 3.6 CONCRETE FINISHING A. General: Wetting of concrete surfaces during screeding, initial floating or finishing operations is prohibited. B. Float Finish: Begin the second floating operation when bleed -water sheen has disappeared and the concrete surface has stiffened sufficiently to permit operations. Float surface with power -driven floats, or by hand floating if area is small or inaccessible to power units. Finish surfaces to true planes. Cut down high spots, and fill low spots. Refloat surface immediately to uniform granular texture. 1. Light to Medium Broom Finish: For miscellaneous slabs. 3.7 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI306.1 for cold -weather protection and follow recommendations in ACI 30SR for hot -weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. C. Begin curing after finishing concrete, but not before free water has disappeared from concrete surface. D. Curing Methods: Cure concrete by moisture curing, moisture -retaining -cover curing, curing compound, or a combination of these as follows: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials: a. Water. b. Continuous water -fog spray. C. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges with 12-inch lap over adjacent absorptive covers. 2. Moisture -Retaining -Cover Curing: Cover concrete surfaces with moisture -retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Refloat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.8 FIELD QUALITY CONTROL A. Testing Agency: Contractor shall sample materials, perform tests, and submit test reports during concrete placement. Sampling and testing for quality control include those specified in this Article. B. Testing Services: Testing shall be performed according to the following requirements: 1. Sampling Fresh Concrete: Representative samples of fresh concrete shall be obtained according to ASTM C 172, except modified for slump to comply with ASTM C 94. 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 9 05/06 I 3.5 CONCRETE PLACEMENT A. Inspection: Before placing concrete, inspect and complete formwork installation, reinforcement steel, and items to be embedded or cast in. B. Remove snow, ice, or frost from subbase surface and reinforcement before placing concrete. Do not place concrete on frozen surfaces. C. Moisten subbase to provide a uniform dampened condition at the time concrete is placed. D. Comply with requirements and with recommendations in ACI 304R for measuring, mixing, transporting, and placing concrete. E. Deposit and spread concrete in a continuous operation between transverse joints. Do not push or drag concrete into place or use vibrators to move concrete into place. F. Consolidate concrete by mechanical vibrating equipment supplemented by hand -spading, rodding, or tamping. Use equipment and procedures to consolidate concrete according to recommendations in ACI 309R. 1. Consolidate concrete along face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square -faced shovels for hand -spreading and consolidation. Consolidate with care to prevent dislocating reinforcement, dowels, and joint devices. G. Place concrete in two operations; strike off initial pour for entire width of placement and to the required depth below finish surface. Lay welded wire fabric or fabricated bar mats immediately in final position. Place top layer of concrete, strike off, and screed. 1. Remove and replace portions of bottom layer of concrete that have been placed more than 15 minutes without being covered by top layer, or use bonding agent if approved by Engineer. H. Screed pavement surfaces with a straightedge and strike off. Commence initial floating using bull floats or darbies to form an open textured and uniform surface plane before excess moisture or bleed water appears on the surface. Do not fiuther disturb concrete surfaces before beginning finishing operations or spreading dry -shake surface treatments. 1. Cold -Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. 1. When air temperature has fallen to, or is expected to fall below, 40 deg F, uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F and not more than 80 deg F at point of placement. 2. Do not use frozen materials or materials containing ice or snow. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved in mix designs. J. Hot -Weather Placement: Place concrete according to recommendations in ACI 305R and as follows when hot -weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 deg F. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Cover reinforcement steel with water -soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog -spray forms, reinforcement steel, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 8 05106 No Text B. Clean forms after each use and coat with form release agent to ensure separation from concrete without damage. 3.3 STEEL REINFORCEMENT A. General: Comply with Concrete Reinforcing Steel Institute's (CRSI) "Manual of Standard Practice" for fabricating reinforcement and with recommendations in CRSI's "Placing Reinforcing Bars" for placing and supporting reinforcement. B. Clean reinforcement of loose rust and mill scale, earth, ice, or other bond -reducing materials. C. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete placement. Maintain minimum cover to reinforcement. D. Install welded wire fabric in lengths as long as practicable. Lap adjoining pieces at least one full mesh, and lace splices with wire. Offset laps of adjoining widths to prevent continuous laps in either direction. 3.4 JOINTS A. General: Construct isolation, contraction, construction joints and tool edgings true to line with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to centerline, unless otherwise indicated. 1. When joining existing pavement, place transverse joints to align with previously placed joints, unless otherwise indicated. B. Construction Joints: Set construction joints at side and end terminations of pavement and at locations where pavement operations are stopped for more than one-half hour, unless pavement terminates at isolation joints. 1. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of pavement strips, unless otherwise indicated. 2. Provide tie bars at sides of pavement strips where indicated. 3. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. C. Isolation Joints: Form isolation joints of preformed joint -Eller strips abutting concrete curbs, catch basins, manholes, inlets, structures, walks, other fixed objects, and where indicated. 1. Extend joint fillers full width and depth of joint. 2. Terminate joint filler less than 1/2 inch or more than 1 inch below finished surface if joint sealant is indicated. 3. Place top of joint Eller slush with finished concrete surface if joint sealant is not indicated. 4. Furnish joint fillers in one-piece lengths. Where more than one length is required, lace or clip joint -filler sections together. 5. Protect top edge of joint filler during concrete placement with metal, plastic, or other temporary preformed cap. Remove protective cap after concrete has been placed on both sides of joint. D. Concrete Slabs 1. Grooved Joints: Form contraction joints after initial Boating by grooving and finishing each edge of joint with groover tool to the following radius. Repeat grooving of contraction joints after applying surface finishes. Eliminate groover marks on concrete surfaces. a. Refer to plans for joint dimensions. 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 7 05106 No Text F. Strength Requirements 1. The various classes of concrete shall conform to the following strengths in psi as determined by the average of two test cylinders or beams. COMPRESSIVE FLEXURAL Class 3 Dgy 7 Dgy 28 Da C - 2500 3600 600 (28 day) G. Properties 1. Air Entrainment: 5% +/- 1 '/2% ASTM C 260. 2. Synthetic Fiber: Use manufacturer's recommended rate, but not less than 1.0 lb/cu.yd. (where applicable). 2.9 CONCRETE MIXING A. Ready -Mixed Concrete: Comply with requirements and with ASTM C 94. B. Ready -Mixed Concrete: Comply with requirements and with ASTM C 94 and ASTM C 1116 when synthetic fibers are involved. 1. When air temperature is between 85 deg F and 90 deg F, reduce mixing and delivery time ftom 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes. C. Project -Site Mixing: Comply with requirements and measure, batch, and mix concrete materials and concrete according to ASTM C 94. Mix concrete materials in appropriate drum -type batch machine mixer. I. For mixers of I cu. yd. or smaller capacity, continue mixing at least one and one- half minutes, but not more than five minutes after ingredients are in mixer, before any part of batch is released. 2. For mixers of capacity larger than I cu. yd., increase mixing time by 15 seconds for each additional I cu. yd.. 3. Provide batch ticket for each batch discharged and used in the Work, indicating Project identification name and number, date, mix type, mix time, quantity, and amount of water added. PART 3 - EXECUTION 3.1 PREPARATION A. Proof -roll prepared subbase surface to check for unstable areas and verify need for additional compaction. Proceed with pavement only after nonconforming conditions have been corrected and subgrade is ready to receive pavement. B. Remove loose material from compacted subbase surface immediately before placing concrete. 3.2 EDGE FORMS AND SCREED CONSTRUCTION A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides for pavement to required lines, grades, and elevations. Install forms to allow continuous progress of work and so forms can remain in place at least 24 hours after concrete placement. 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 6 05/06 1 2.7 RELATED MATERIALS A. Expansion- and Isolation -Joint -Filler Strips: ASTM D 1751, asphalt -saturated cellulosic fiber. B. Bonding Agent 1. Polyvinyl acetate or acrylic base. C. Sand Cushion l . Clean, manufactured or natural sand with plasticity index of 8 or less. D. Epoxy Adhesive 1. ASTM C 881, two -component material suitable for use on dry or damp surfaces. Provide material type, grade, and class to suit project requirements. 2.8 CONCRETE MIXES A. Prepare design mixes, proportioned according to ACI 301, for each type and strength of normal -weight concrete determined by either laboratory trial mixes or field experience. B. Use a qualified independent testing agency for preparing and reporting proposed mix designs for the trial batch method. 1. Do not use Owner's field quality -control testing agency as the independent testing agency. C. Proportion mixes to provide concrete with the following properties: 1. Maximum Water-Cementitious Materials Ratio: 0.45. D. Classification 1. The following classes of concrete shall be used: Class C - . Miscellaneous Concrete Slabs, Thrust Blocks, etc. E. Mix Design 1. At least 15 days prior to beginning any concrete pavement construction the Contractor shall submit the following to the Engineer for approval: a. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or Sodium Sulfate test (not to exceed 18%). b. A mix design based on water -cement ratio. C. Results of compression tests in conformance with ASTM C 39 and/or flexural tests in conformance with ASTM C 78, trade by an approved commercial testing laboratory. Tests small be made on 6 cylinders and/or 6 beams at curing times appropriate to the class of concrete. 2. The Engineer will approve or reject the mix design and materials based on these submittals. This approval shall be subject to additional testing during construction. 3. Mix designs for various classes of concrete shall conform to the following: Minimum Sacks Maximum Gal Maximum Slump Class Cement per CY Water per Sack Inches C 6.0 6.0 3 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 5 05/06 No Text have at least 95% by weight of particles with one or more fractured faces and 75% by weight of particles with two or more fractured faces. The aggregate shall be composed of sound, tough, durable particles and shall meet the requirements for deleterious substances given in ASTM C33. The aggregate in any size group shall not contain more than 8 percent by weight of flat or elongated pieces. A flat or elongated particle is one having a ratio between the maximum and the minimum dimensions of a circumscribing rectangular prism exceeding 5 to 1. D. Water: ASTM C 94. 2.4 ADMIXTURES The use of any material added to the concrete mix shall be approved by the Owner's Representative. A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water-soluble chloride ions by mass of cement and to be compatible with other admixtures. B. Air -Entraining Admixture: ASTM C 260. Certified by manufacturer to be compatible with other required admixtures. C. Water -Reducing Admixture: ASTM C 494, Type A. D. High -Range, Water -Reducing Admixture: ASTM C 494, Type F or Type G. E. Water -Reducing and Accelerating Admixture: ASTM C 494, Type E. F. Water -Reducing and Retarding Admixture: ASTM C 494, Type D. 2.5 FIBER REINFORCEMENT A. Fiber reinforcement may be used in place of wire mesh only if approved by Engineer and Owner. B. Fiber reinforcement shall be 100% virgin polypropylene, collated, fibrillated fibers, made for use as concrete reinforcement, containing no reprocessed olefin materials, and conforming to ASTM C 1116, Type III. C. Specific gravity - .91 D. Tensile Strength -- 70,000 psi to 100,000 psi E. Length --- 2" 2.6 COVER MATERIAL FOR CURING A. Curing materials shall conform to one of the following specifications: I. Liquid membrane -forming compounds for curing concrete shall conform to the requirements of ASTM C309, Type 2 (all resin base). 2. White polyethylene film for curing concrete shall conform to the requirements of ASTM C171. 3. White burlap -polyethylene sheeting for curing concrete shall conform to the requirements of ASTM C 171. 4. Waterproof paper for curing concrete shall conform to the requirements of ASTM C171. 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 4 05/06 No Text E. Hook Bolts: ASTM A 307, Grade A, internally and externally threaded. Design hook -bolt joint assembly to hold coupling against pavement form and in position during concreting operations, and to permit removal without damage to concrete or hook bolt. F. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcement bars, welded wire fabric, and dowels in place. Manufacture bar supports according to CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete or fiber -reinforced concrete of greater compressive strength than concrete, and as follows: 1. Equip wire bar supports with sand plates or horizontal runners where base material will not support chair legs. 2. Space reinforcing supports at 5'-0" maximum in any direction. 2.3 CONCRETE MATERIALS A. General: Use the same brand and type of cementitious material from the same manufacturer throughout the Project. B. Portland Cement: ASTM C 150, Type I, I1, or III or ASTM G176 lA, FIA, or IIIA for air entrained. C. Aggregate: ASTM C 33, uniformly graded, from a single source, as follows: I. Class:4M. 2. Maximum Aggregate Size: 1-1/2 inches nominal. 3. Coarse aggregate for Class C or D concrete shall be crushed limestone (Brownwood type or equivalent). Aggregate shall be graded from fine to coarse and shall conform to ASTM C 136. The gradation for aggregate shall meet the following requirements by weight: FINE AGGREGATE COARSE AGGREGATE Sieve Percent Retained Sieve Percent Retained 3/8 inch 0 1-3/4 inch 0 No. 4 0-5 1-1/2 inch 0-5 No. 16 20-55 3/4 inch 30-65 No. 30 45-75 3/8 inch 70-90 No.50 70-90 No.4 95-100 No.100 98-100 Maximum amounts of organic impurities shall conform to ASTM C 40 and ASTM C 87. Maximum amounts of impurities finer than the #200 sieve shall conform to ASTM C 117. Maximum amounts of soft particles shall conform to ASTM C 123. Maximum amounts of friable particles shall conform to ASTM C 142. Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by the Engineer. Stockpiling methods used shall not allow aggregate to roll down the slope as it is added to existing stockpiles. Stockpiles shall be built in layers of uniform thickness. Equipment shall not be permitted to operate over the same lift repeatedly. 4. Coarse aggregate shall have a maximum loss of 18% when subjected to 5 cycles of the magnesium sulfate soundness test (ASTM C-88). 5. The percentage of wear shall be no more than 40 when tested in accordance with ASTM C-131 or ASTM C-535. 6. Aggregates delivered to the mixer shall consist of crushed stone, crushed gravel, or natural sand. Crushing shall result in a product in which the coarse aggregate shall 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 3 05/06 No Text 1.5 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed pavement work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Manufacturer Qualifications: Manufacturer of ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. 1. Manufacturer must be certified according to the National Ready Mix Concrete Association's Plant Certification Program. C. Testing Agency Qualifications: An independent testing agency, acceptable to authorities having jurisdiction. D. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturces plant and each aggregate from one source. E. ACI Publications: Comply with ACI 301, "Specification for Structural Concrete," unless modified by the requirements of the Contract Documents. F. Concrete Testing Service: Engage a qualified independent testing agency to perform material evaluation tests and to design concrete mixes. 1.6 PROJECT CONDITIONS A. Traffic Control: Maintain access for vehicular traffic as required for Owner activities. PART 2-PRODUCTS 2.1 FORMS A. Form Materials: Plywood, metal, metal -framed plywood, or other approved panel -type materials to provide full -depth, continuous, straight, smooth exposed surfaces. 1. Use flexible or curved forms for curves of a radius 100 feet or less. 2. Forms should be no less than 10 ft. in length. B. Form -Release Agent: Commercially formulated form -release agent with a maximum of 350 g/l volatile organic compounds (VOC's) that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. C. Form Ties: Factory -fabricated, adjustable -length, removable or snap -off metal form ties designed to prevent form deflection and to prevent spalling of concrete upon removal. Provide units that will leave no metal closer than 1-1/2 inches to the plane of the exposed concrete surface. 1. Provide ties that, when removed, will leave holes not larger than 1 inch in diameter in the concrete surface. 2.2 STEEL REINFORCEMENT A. Plain -Steel Welded Wire Fabric: ASTM A 185, fabricated from as -drawn steel wire into flat sheets, shall be 6" x 6" — 10 gauge welded wire fabric, or as shown on plans. B. Reinforcement Bars: ASTM A 615/A 615M, Grade 60, deformed. C. Joint Dowel Bars: Plain steel bars, ASTM A 615/A 615M, Grade 60. Cut bars true to length with ends square and free of burrs. D. Tie Bars: ASTM A 615/A 615M, Grade 60, deformed. 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 2 05/06 No Text SECTION 02751 REINFORCED CONCRETE FOR SITE WORK PART 1 - GENERAL 1.1 SECTION INCLUDES A. This section includes the following: 1. Miscellaneous reinforced or unreinforced concrete. 1.2 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and other Division 1 specification sections apply to this section. B. Section 02720 — Aggregate Base Course. 1.3 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, expansive hydraulic cement, fly ash and other pozzolans, ground granulated blast -furnace slag, and silica fume. 1.4 SUBMITTALS A. Submit product data in accordance with Section 01300 — Submittal Procedures. B. Product Data: For each type of manufactured material and product indicated. C. Design Mixes: For each concrete pavement mix. include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. D. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated, based on comprehensive testing of current materials: 1. Cementitious materials and aggregates. 2. Steel reinforcement and reinforcement accessories. 3. Fiber reinforcement. 4. Admixtures. 5. Curing compounds. 6. Applied finish materials. 7. Bonding agent or adhesive. 8. Joint fillers. E. Shop drawings for reinforcement detailing, fabricating, bending, and placing concrete reinforcement. Comply with ACI 315 "Manual of Standard Practice for Detailing Reinforced Concrete Structures" showing bar schedules, stirrup spacing, bent bar diagrams, materials, steel grades, and arrangement of concrete reinforcement and methods of support. 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 1 05/06 No Text SECTION 02700 SITE UTILITIES PARTI-GENERAL 1.1 SUMMARY A. Related Documents: I. The general provisions of the Contract, including Uniform General Conditions and Supplementary General Conditions, Special Conditions and General Requirements (Division 1), apply to the work specified in this section. B. Section Includes: I . General utilities. 1.2 UTILITY LOCATION A. Before any work commences, Contractor shall notify Dig Tess for locating all utilities within the project area. B. Contractor shall coordinate location of existing city utilities with Owner's personnel. 1.3 PROJECT CONDITIONS A. Perform site survey, research Owner's utility records, and verify existing utility locations. Contact utility -locating service for area where Project is located as required. 1.4 SEQUENCING AND SCHEDULING A. Coordinate utility down time with Owner. B. Coordinate with other utility work. C. Provide utility entity at least 72 hours advance notification. PART 2 - PRODUCTS 2.1 REPLACING DAMAGED PRODUCTS A. If damage is done to Owner's utility service, Contractor shall coordinate replacement of damaged parts with Owner at no cost to the Owner. Repair shall occur in a timely manner to prevent excessive down -time for Owner. PART 3 - EXECUTION Not Used END OF SECTION 01385006 SITE UTILITIES 02700 - 1 05/06 No Text 3.11 BACKFILLING A. Backfill Material - All backfill material shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rocks or stones, or other unsuitable material. Selected materials from trench excavations shall be used for backflling except where special bedding material is required. B. Backfilling Under Pipe - All pipe shall be backfilled by hand from the bottom of the trench to the centerline of the pipe with selected backfill material free from rocks or boulders greater than 2 inches in size or other unsuitable material. The material shall be placed in 3-inch layers, moistened if necessary, and thoroughly compacted under and on each side of the pipe. Backfill material shall be deposited in the trench for its full width on each side of the pipe, fitting, and appurtenances simultaneously. C. Backfilling Over Pipe - From the centerline of the pipe to a depth of I foot above the top of the pipe, the trench shall be backfilled by hand or by approved mechanical methods using materials free from rocks or boulders greater than 2 inches in size. The material shall be moistened and placed in lifts not exceeding 6-inches in thickness and compacted by tamping to a density of not less than 85% of maximum density at optimum moisture as determined by ASTM D698. The Contractor shall use special care in placing this portion of the backfill to insure placement under and around the pipe and to avoid injuring or moving the pipe. D. Backfilling to Grade - From 1 foot above the top of the pipe to finish grade shall be backfilled by tamping. Where tamping is required, the material shall be placed in 6-inch layers, moistened if necessary, and thoroughly compacted with mechanical tampers from the bottom of the trench to the finish grade to a density of at least 85% of maximum density at optimum moisture as determined by ASTM D698. END OF SECTION 01385006 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 5 05I06 No Text installations. All valves buried in the ground shall have a valve box set over the valve. All valves shall be thoroughly inspected and checked for operation before installation. Concrete blocking shall be provided for all buried valves and fittings. Valve boxes shall be firmly supported and maintained centered and plumb over the wrench nut of the valve, with box cover flush with the surface of the ground or at such level as directed and backfilled with gravel and densified native material as shown on the drawings. 3.10 EXCAVATION AND TRENCHING The trench shall be excavated to the lines and grades as established by the Engineer and as shown on the plans. The minimum depth of cover for all pipe shall be eighteen to twenty-four (18" - 24") inches unless otherwise specifically shown on the drawings. The trench shall be excavated to an even grade so that the bottom of the pipe will rest on the bottom of the trench over the entire length of pipe. In order to obtain a true even grade, the trench shall be fine graded by hand. Any part of the trench excavated below grade shall be corrected by filling with approved material and compacting thoroughly. If ledge rock, rock fragments or other unyielding material is encountered in the bottom of the trench it shall be removed to a depth of six inches below grade, refilled with selected material, and thoroughly compacted. Wherever necessary to prevent caving, the trench shall be adequately supported. The Contractor is entirely responsible for assuring that trenches are adequately supported to protect both his workmen and the public. Trench digging machinery may be used to make the trench excavations except in places where operation of same would cause damages to pipelines, fences or other existing structures either above or below ground; in such instances hand methods shall be employed. The Contractor shall locate all existing underground lines of which he has been advised, whether or not they are shown on the drawings, sufficiently in advance of trenching operations to prevent any damage thereto. The operators of all oil or gas pipelines shall be notified prior to excavation around such lines so that these operators may be present during excavation. Extensive care shall be used to prevent damage to these lines and the Contractor shall be fully responsible for damage to any such line. All excavated material shall be piled in a manner that will not endanger the work or existing structures. Excess trench excavation, not used for backfilling, shall be disposed of by Contractor, by spreading in a thin layer on Owner's property adjacent to the trench. There will be no classification of the excavated materials and the term excavation shall include all materials encountered in excavating the trenches or structural excavations. All new and existing lines shall be properly supported to prevent settlement or damage to the line both during and after construction. Any garbage encountered during trenching operations shall be disposed of at an active MSW Landfill. 01385006 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 4 05/06 No Text the degree of deflection at each joint shall not exceed the maximum deflection recommended by the manufacturer of the particular type of pipe being laid and the degree of deflection shall be approved by the Engineer. 3.6 MANNER OF HANDLING PIPE AND ACCESSORIES INTO TRENCH After the trench grade has been completed, all bell holes dug and the grade inspected, the pipes and accessories may be placed in the trench. All pipe, fittings, and valves shall be carefully lowered into the trench piece by piece by means of derricks, ropes, or other suitable tools or equipment, in such a manner so as to prevent damage to the material in any way. Under no circumstances shall pipe or accessories be dropped or dumped in to the trench. 3.7 CLEANING AND INSPECTING Before lowering into the trench, the pipe shall be again inspected for defects and the pipe, while suspended, shall be lightly hammered to detect cracks. Any defective, damaged or unsound pipe and materials shall be rejected. All foreign matter or dirt shall be removed from the inside of the pipe and from all bells, spigots or parts of the pipe used in forming the joint, before the pipe is lowered into the trench, and it shall be kept clean by approved means during and after laying. At time when pipe laying is not in progress, the open ends of pipe shall be closed by approved means, and no trench water shall be allowed to enter the pipe. 3.8 LAYING AND JOINTING HDPE PIPE A. General - Unless otherwise directed, pipe shall be laid in a manner to minimize welds. Cutting of pipe for inserting valves, fittings or closure pieces shall be done in a neat and workmanlike manner. The jointing shall be completed for all pipe laid each day, in order not to )cave open joints in the trench overnight. At times when pipe laying is not in progress, the open ends of pipe shall be closed by approved means, and no trench water shall be permitted to enter the pipe. No pipe shall be laid in water, or when the trench conditions or weather are unsuitable for such work, except by permission of the Engineer. Flanged joints shall be used where shown on the plans. Welded joints shall be installed in accordance with the manufacturer's specifications. Defective welds shall be repaired as directed by the Engineer. B. "Snake" line in trench as recommended by manufacturer to allow for expansion and contraction in varying temperature. 3.9 SETTING VALVES, VALVE BOXES AND FITTINGS Valves and fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be set and jointed to the pipe in the manner heretofore specified for pipe 01385006 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 3 05/06 No Text 2.3 VALVES AND MISCELLANEOUS ITEMS A. Valves for Gas Collection System 1. Poly -gas ball valves by Nordstrom or approved equal. 2. Polyethylene body and ball. 3. Buna-N seat. 4. Acetal stem. 5. Must meet or exceed requirements of a. US DOT 49CFR Part 192 b. ANSI B16.40 C. ASTM D 2513 6. Acceptable for use in a methane recovery system. PART 3 - EXECUTION 3.1 GENERAL All pipe and accessories shall be unloaded, handled, laid, jointed, tested for defects and for leakage and disinfected in the manner herein specified. 3.2 INSPECTION The pipe, fittings, valves and accessories shall be inspected upon delivery and during the progress of the work and any material found to be defective will be rejected by the Engineer, and the Contractor shall remove such defective material from the site of the work. 3.3 RESPONSIBILITY FOR MATERIALS The Contractor shall be responsible for all material furnished by him and he shall replace at his own expense all such material that is found to be defective in manufacture or has become damaged in handling after delivery. 3.4 HANDLING PIPE AND ACCESSORIES All pipe, fittings, valves, and other accessories shall, unless otherwise directed, be unloaded at the point of delivery, hauled to and distributed at the site of the work by the Contractor. In loading and unloading, they shall be lifted by hoists or slid, or rolled on skidways in such a manner as to avoid shock or damage to the materials. Under no circumstances shall they be dropped. Pipe handled on skidways must not be skidded or rolled against pipe already on the ground. The pipe, fittings and accessories shall be placed along the site in such a manner as to be kept as free as possible from dirt, sand, mud and other foreign matter. 3.5 ALIGNMENT AND GRADE All pipe shall be laid and maintained to the lines shown on the plans or as established on the ground by the Engineer. Wherever it is necessary to deflect pipe from a straight line either in a vertical or horizontal plane to avoid obstructions, to plumb valves, or where vertical or horizontal curves are shown or permitted, 01385006 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 2 05/06 No Text SECTION 02665 PIPING, VALVES AND MISCELLANEOUS ITEMS PART 1- GENERAL 1.1 WORK INCLUDED This section of the specifications covers all methane collection piping, valves, and fittings required for the project. The term piping as used herein shall include all piping, valves, fittings, and accessories as shown on the plans and/or as specified herein. L2 RELATED SECTIONS A. General Conditions B. Supplementary Conditions 1.3 MATERIAL SCHEDULE A. All gas collection lines shall be High Density Polyethylene (HDPE) DR I I pipe. B. Miscellaneous piping shall be furnished and installed as indicated on the drawings. 1 A SUBMITTALS Submit all manufacturers' data for all pipes, valves and fittings including all pipe thickness class calculations. PART2-PRODUCTS 2.1 HDPE PIPE A. Gas Collection Piping 1. An approved pipe is Driscoplex 6400 by Performance Pipe, or approved equal. 2. DR 11 3. Minimum cell classification number of 3454646 per ASTM D 3350 4. Acceptable for use in methane recovery system with vacuum pressure to 3 psi. 2.2 PIPE FITTINGS General - Pipe fittings shall be of a type and design especially suitable for use with the type of piping with which they are installed. Pressure rating of fittings shall not be less than that of the pipe. A. HDPE Fittings HDPE fittings shall be sized to meet IPS requirements. HDPE fittings shall be Butt -fused where possible. Flanged fittings shall be used where shown on plans. Contractor is responsible for providing fittings for transition from valves, pumping units, etc. 01385006 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 1 05/06 I 1.6 COORDINATION A. Coordinate layout and installation of pullboxes with final arrangement of other utilities and site grading, as determined in the field. B. Coordinate elevations of pipeline entrances into pullbox with final profiles of conduits as determined by coordination with other utilities and underground obstructions. PART 2 - PRODUCTS 2.1 PRODUCTS A. Pre -cast Concrete Pullbox 1. Acceptable products a. Round: Vaughn Concrete Products, Inc. or approved equal. 1) 18 — inch I.D. 2) 24 — inch O.D. 3) Cast Iron Cover for H2O Loading. 4) Cover not marked. 5) 4,000 psi concrete (min) with 6 x 6 x 6/6 welded wire fabric. 6) Openings cast as shown on the plans. b. Rectangular: Vaughn Concrete Products, Inc. or approved equal. 1) 25" L x 15" W x 12" D. 2) Stackable if necessary. 3) Cast iron cover for H2O loading. 4) Cover not marked. 5) 4,000 psi concrete (min) with 6 x 6 x 6/6 welded wire fabric. 6) Openings cast as shown on the plans. PART 3 - EXECUTION 3.1 EARTHWORK A. Restore surface features at areas disturbed by excavation and reestablish original grades, unless otherwise indicated. B. Restore all areas disturbed by trenching, storing of dirt, cable laying, and other work. Restore vegetation and include necessary topsoiling, fertilizing, liming, seeding, sodding, sprigging, and mulching. 3.2 PULLBOX INSTALLATION A. Elevation: Install pullbox with cover at grade as shown in plans. B. Center pullbox over valve to provide adequate clearance on all sides. C. Set pullbox on one -foot gravel bed. END OF SECTION 02584 01385006 UNDERGROUND DUCTS AND UTILITY STRUCTURES 02584 - 2 i 05/06 No Text UNDERGROUND DUCTS AND UTILITY STRUCTURES PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. llly�Wiuyl u A. This Section includes the following: 1. Round pullbox with cast iron cover. 2. Rectangular pullbox with cast iron cover. 1.3 SUBMITTALS A. Product Data: For the following: 1. Pullbox and related hardware. B. Shop Drawings: Show fabrication and installation details for pullboxes and include the following: 1. For Pullboxes (Round and Rectangular): a. Duct sizes and locations of duct entries. b. Reinforcement details. C. Pullbox lid. 2. For precast pullboxes, Shop Drawings shall be signed and sealed by a qualified professional engineer, and shall show the following: a. Construction of individual segments. b. Joint details. C. Design calculations. C. Product Certificates: For concrete and steel used in underground precast vaults, according to ASTM C 858, 1.4 DELIVERY, STORAGE, AND HANDLING A. Store precast concrete units at Project site as recommended by manufacturer to prevent physical damage. Arrange so identification markings are visible. B. Lift and support precast concrete units only at designated lifting or supporting points. 1.5 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated. 1. Notify Engineer at least 14 days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. 01385006 UNDERGROUND DUCTS AND UTILITY STRUCTURES 02584 - 1 05/06 I PART 3 - EXECUTION 3.1 SOURCES A. Use of material encountered in the trench excavations is acceptable, provided applicable specification requirements are satisfied. If excavation material is not acceptable, provide from other approved source. Only clean cover material shall be used as topsoil. Soil containing refuse shall be disposed of by the Contractor. B. Obtain approval for each material source by the Engineer before delivery is started. If sources previously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. Materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements of the specifications will be rejected. Do not use material which, after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, expense for sampling and testing required to change to a different material will be at the Contractor's expense with no additional cost to the Owner. 3.2 MATERIAL HANDLING A. Establish temporary stockpile locations in areas designated by Owner. B. Pea gravel shall be consolidated upon placement by using rodding or pneumatic vibratory methods. Shovel slicing shall be used as necessary to ensure filling of voids, filling around and under haunches of pipe and filling of spaces between corrugations. 3.3 FIELD QUALITY CONTROL A. Quality Control l . The Engineer may sample and test backlill at: a. Sources including borrow pits, production plants and Contractor's designated off -site stockpiles. b. On -site stockpiles. C. Materials placed in the Work. 2. The Engineer may resample material at any stage of work or location if changes in characteristics are apparent. B. Production Verification Testing: The Owner's testing laboratory will provide verification testing on backfsll materials, as directed by the Engineer. Samples may be taken at the source or at the production plant, as applicable. Contractor shall cooperate with Owner and Engineer in allowing access to materials. END OF SECTION 02320 01385006 UTILITY BACKFILL MATERIALS 02320 - 3 05/06 No Text PART 2 - PRODUCTS 2.1 MATERIAL DESCRIPTIONS A. Bentonite Seal i. Provide bentonite seal of 10-6 cm/sec permeability. 2. Water shall be free of oil and other organic material with dissolved minerals less than 2,000 mg/l. B. Concrete for Thrust Blocking 1. Use Class A mix design as specified in Section 02751. C. Native Soil Material for Backfill 1. Provide Backfill material that is free of stones greater than 6 inches, free of roots, waste, debris, trash, organic material, unstable material, non -soil matter, hydrocarbon or other contamination. D. Pea Gravel 1. Pea gravel shall be free of waste, trash, debris, organic material, unstable material, or other non -gravel matter. 2. Pea gravel shall be 3/8 inch pea gravel meeting the requirements of ASTM D 2487, well graded gravel with less than 15 percent sand group GW materials. 2.2 MATERIAL TESTING A. Ensure that material selected, produced and delivered to the project meets applicable specifications and is of sufficiently uniform properties to allow practical construction and quality control. B. Source or Supplier Qualification. Perform testing, or obtain representative tests by suppliers, for selection of material sources and products. Provide test results for a minimum of three samples for each source and material type. Tests samples of processed materials from current production representing material to be delivered. Tests shall verify that the materials meet specification requirements. Repeat qualification test procedures each time the source characteristic changes or there is a planned change in source location or supplier. Qualification tests shall include, as applicable: 1. Gradation. Complete sieve analyses shall be reported regardless of the specified control sieves. The range of sieves shall be from the largest particle through the No. 200 sieve. 2. Plasticity of material passing the No. 40 sieve. 3. Los Angeles abrasion wear of material retained on the No. 4 sieve. 4. Clay lumps. 5. Lightweight pieces 6. Organic impurities C. Production Testing. Provide reports to the Engineer from an independent testing laboratory that backfill materials to be placed in the Work meet applicable specification requirements. D. Assist the Engineer in obtaining material samples for verification testing at the source or at the production plant. E. Native material requires testing only when questionable material is encountered. 01385006 UTILITY BACKFILL MATERIALS 02320 - 2 05/06 I SECTION 02320 UTILITY BACKFILL MATERIALS PART I - GENERAL 1.1 SECTION INCLUDES A. This Section of the specifications covers materials related to the backfill of utilities. Included are the following: 1. Bentonite. 2. Concrete for Thrust Blocking. 3. Native soil materials. 4. Pea Gravel. 1.2 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and other Division 1 specifications, apply to this section. 1.3 REFERENCES A. ASTM C 131 - Test Method for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. B. ASTM C 136 - Test Method for Sieve Analysis of Fine and Coarse Aggregates. C. ASTM C 142 - Test Method for Clay Lumps and Friable Particles in Aggregates. D. ASTM D 698 — Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft'). E. ASTM D 1140 - Test Method for Amount of Materials in Soils Finer Than No. 200 Sieve. F. ASTM D 2487 - Classification of Soils for Engineering Purposes (Unified Soil Classification System). G. ASTM D 2488 - Standard Practice for Description and Identification of Soils (Visual - Manual Procedure). H. ASTM D 4318 - Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. L ASTM D 4643 - Method for Determination of Water (Moisture) Content of Soil by the Microwave Oven Method. 1.4 SUBMITTALS A. Conform to requirements of Section 01330 - Submittal Procedures. B. Submit a description of source, material classification and product description, production method, and application of backfill materials. C. For each delivery of material, provide a delivery ticket which includes source location. D. Submit manufacturer's recommendations for Bentonite seal to ensure specified permeability requirements are met. 01385006 UTILITY BACKFILL MATERIALS 02320 - 1 _s 05/06 I 3.2 WELL BORE SEAL Install the well bore seal as shown on the plans. 3.3 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 01385006 LANDFILL GAS WELL HEADS 02147 - 2 05l06 No Text SECTION 02147 LANDFILL GAS WELL HEADS PART I. - GENERAL 1.1 DESCRIPTION These specifications describe the well heads to be installed at each landfill location. 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. PART2-PRODUCTS 2.1 WELL HEADS A. Acceptable Products I . Accu-Flow wellhead (Model 200) by CES LandTEC. 2. Series 3000 Well Head by Real Environmental Products (flanged connection). 3. Approved equal. B. Well heads must meet the following: 1. Compatible with GEM Instrument. 2. Contain quick connect monitoring ports. 3. Contain a gate valve for flow control. 2.2 WELL BORE SEALS A. Acceptable Products 1. Well bore seal (WBS-100) by CES Landtec. 2. Approved equal. PART 3 - EXECUTION 3.1 WELL HEAD Construct the well head as shown on the plans. 01385006 LANDFILL GAS WELL HEADS 02147 - 1 05/06 No Text SECTION 01820 DEMONSTRATION AND TRAINING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for instructing Owner`s personnel, including the following: 1. Demonstration of operation of systems, subsystems, and equipment. 2. Training in operation and maintenance of systems, subsystems, and equipment. B. See Divisions 2 through 16 Sections for specific requirements for demonstration and training for products in those Sections. 1.2 QUALITY ASSURANCE A. Facilitator Qualifications: A firm or individual experienced in training or educating maintenance personnel in a training program similar in content and extent to that indicated for this Project, and whose work has resulted in training or education with a record of successful learning performance. B. Instructor Qualifications: A factory -authorized service representative, complying with requirements in Division l Section "Quality Requirements," experienced in operation and maintenance procedures and training. C. Preinstruction Conference: Conduct conference at Project site. Review methods and procedures related to demonstration and training. D. Coordinate content of training modules with content of approved operation and maintenance manuals. Do not submit instruction program until operation and maintenance data has been reviewed and approved by Engineer. PART 2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 INSTRUCTION A. Engage qualified instructors to instruct Owner's personnel to adjust, operate, and maintain systems, subsystems, and equipment not part of a system. B. Scheduling: Provide instruction at mutually agreed on times. For equipment that requires seasonal operation, provide similar instruction at start of each season. 1. Schedule training with Owner, through Engineer, with at least seven days' advance notice. END OF SECTION 01820 01385006 DEMONSTRATION AND TRAINING 01820-1 05106 f No Text and while the epoxy -resin concrete or mortar is still tacky, a thin coating of portland cement shall be uniformly spread on the surface of the repaired area and lightly brushed into the surface. If the spalled area to be patched abuts a working joint or a working crack which penetrates the full depth of a slab, an insert or other bond -breaking medium shall be used to maintain working joints or cracks during the repair work. Surface embedment of a flexible polyethylene or other suitable type hose shall be used for forming a groove along the working crack to be filled with appropriate type of joint -scaling material. The hose shall be removed carefully before the concrete hardens sufficiently to form a high bond. The groove shall be thoroughly cleaned and filled with a sealer. 3.12 REMOVAL AND REPLACEMENT OF DEFECTIVE PAVEMENT AREAS A. Defective pavement areas shall be removed and replaced as specified herein with pavements of the thickness and quality required by these specifications. The defective pavement shall be carefully removed in such manner that the adjacent pavement will not be damaged and the existing reinforcement at the joints will be left intact. When a portion of an unfractured slab is to be replaced, a saw cut 2 inches deep shall be made transversely across the slab in the required location, and the concrete shall be removed to provide an essentially vertical face in the remaining portion of the slab. Prior to placement of the fresh concrete, the face of the slab shall be cleaned of debris and loose concrete, and then thoroughly coated with epoxy -resin grout. The epoxy -resin coating shall be approximately 1116-inch, and shall be applied by scrubbing a thin coat of grout into the surface with a stiff -bristle brush followed by a second application. Strips of polyethylene sheeting shall be placed on the vertical faces of adjacent slabs at the juncture with the slab to be patched as a bond -breaking medium. Placement of the fresh portland-cement concrete shall be accomplished while the epoxy -resin is still tacky and in such manner that the grout coating will not be removed. Longitudinal and transverse joints of the replaced slab or portion thereof shall be constructed as indicated. The replaced pavements will be paid for at the contract price but no payment will be made for the defective pavements removed nor for the cost of removing the defective pavements. 3.13 TOLERANCE IN SLAB THICKNESS A. The thickness of the slab shall be determined by average caliper measurement of cores tested in accordance with ASTM C 174. The Owner's Representative may elect to measure thickness of concrete pavement prior to placement based on measurements from a string line stretched across the forms or in the plastic concrete behind the concrete placing operation. B. Areas found deficient in thickness shall be removed and replaced with concrete of the thickness shown on the plans at the Contractor's expense. If cores are used to determine the concrete thickness, the core holes shall be filled with non -shrink grout by the Contractor at the Contractor's expense. END OF SECTION 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 13 05/06 No Text I ends of the crack to permit accurate determination of ends of the crack. All fines, dust, and other loose material on the wall of the cored holes shall be removed by scrubbing with a stiff -bristle brush, followed by washing and dewatering of the core hole. These core holes shall be refilled with epoxy -resin concrete. A prime coat of epoxy -resin binder thinned with 3 parts toluene to 7 parts epoxy binder, by volume, shall be applied and brushed into the vertical wall of the core hole. Placement of the epoxy -resin concrete shall be delayed until the prime coat becomes stringy or approaches dry to touch. The epoxy -resin concrete shall be placed in layers not over 6 inches thick. The time interval between placement of additional layers shall be such that temperature of the epoxy -resin concrete does not exceed 140' F at any time during hardening. 3.10 NONWORKING (UNCRACKED) CONTRACTION JOINTS A. When a transverse random crack terminates in or crosses a transverse contraction joint, the uncracked portion of the joint shall be filled with epoxy -resin mortar or grout and the crack shall be routed and sealed. When a transverse random crack approximately parallels the planned contraction joint and is within a distance of 25 percent of the slab length from a contraction joint, the crack shall be routed and sealed, and the joint shall be filled with epoxy -resin grout or mortar. When a transverse random crack is more than 25 percent of a slab length from the nearest contraction joint, both the joint and the crack shall be sealed. Joints to be filled with epoxy -resin mortar or grout shall be thoroughly cleaned. 3.11 SPALLING ALONG JOINTS AND CRACKS A. Spalls shall be repaired by making a saw cut at least 1 inch outside the spalled area and to a minimum depth of 2 inches. When the spalled area abuts a joint, the saw cut shall be made to a depth of 2 inches or 1/6 the slab thickness, whichever is greater. The concrete between the saw cut and the joint or primary crack shall be removed to a minimum depth of 2 inches below the original concrete surface, and to such additional depth where necessary to expose a surface of sound, unweathered concrete that is uncontaminated by oils, grease, deicing salts or solutions, or other substances that would inhibit the performance of the epoxy -resin bonding material. Removal of the concrete volume between the saw cut and the joint or primary crack shall be accomplished using a hydraulic impact hammer, or other methods approved by the Owner's Representative. The Contractor shall exercise care in removing the required concrete such that no damage is inflicted on the adjoining concrete slab. Damage of adjoining concrete shall be repaired by the Contractor at his expense to the satisfaction of the Owner's Representative. The concrete void to be patched shall be thoroughly cleaned with compressed air, sandblasting, or other approved methods to remove all loose material. A prime coat of epoxy -resin binder thinned with 3 parts toluene to 7 parts epoxy binder, by volume, shall be applied to the dry, cleaned surface of all sides of the cavity, except the joint or primary crack face. The prime coat shall be applied in a thin coating and scrubbed into the surface with a stiff -bristle brush. Placement of portland-cement concrete or epoxy -resin concrete or mortar shall be delayed until the prime coat becomes stringy or approaches dry to touch. The epoxy concrete shall then be placed in the cavity in layers not exceeding 2 inches thick. The time interval between placement of additional layers shall be such that the temperature of the epoxy -resin concrete does not exceed 140 degrees F. at any time during hardening. Mechanical plate, screed, float vibrators, or hand tampers shall be used to consolidate the concrete or mortar. Excess mortar or concrete on the adjacent surfaces of the hardened concrete shall be removed before it hardens. After the finishing operations ....... ...... 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 1 05/06 I 3. The Contractor shall pay all costs incurred in providing the additional testing or analysis to resolve the acceptability of Questionable Concrete, 4. Core Tests a. Three representative cores shall be taken from each member or area of concrete for each test considered questionable. Location of cores shall be as directed by the Owner to least impair the strength of the pavement. Damaged cores shall be replaced. b. Cores shall be obtained and tested in accordance with ASTM C42 except that if concrete in the structure will be dry under service conditions the cores shall be air dried (temperature 60 degrees F. to 80 degrees F., and relative humidity less than 60%) for 7 days before test and shall be tested dry. If the concrete in the structure will be more than superficially wet under service conditions, the cores shall be immersed in water for at least 48 hours and tested wet. C. Questionable concrete will be considered structurally acceptable if the average of the cores is equal to or greater than 90% of the specified strength and no single core is greater than 500 psi below specified compressive strength (50 psi below specified beam strength). 3.9 REPAIRS OF DEFECTIVE PAVEMENT SLABS A. General Broken slabs, random cracks, nonworking contraction joints near cracks, and spalls along joints and cracks shall be replaced or repaired as specified hereinafter at no cost to the Owner. B. Broken Slabs Pavement slabs containing multiple cracks through more than 1/4 of the depth of the slab separating the slab into three or more parts and pavement slabs with one or more cracks through more than 1/4 of the depth of the pavement extending diagonally across more than 1/3 of the slab either transversely or longitudinally shall be entirely removed and replaced. Pavement slabs containing a single diagonal crack intersecting the transverse and longitudinal joints within 1/3 of the width and length of the slab from the corner shall be repaired by removing and replacing the smaller portion of the slab. Repairs of broken slabs shall be made in conformance with Paragraph 5. C. Grooving and Repairing Cracks in Pavement Slabs Random cracks penetrating more than 1/4 of the depth of the pavement shall be grooved, the crack filled with epoxy -resin and the groove filled with epoxy -resin grout. The top of the crack shall be grooved to a minimum depth of 3/4-inch and to a width not less than 3/8-inch nor more than 5/8-inch by means of an approved grooving machine. The grooving machine shall be of the vertical rotary -cutting type and shall be capable of following closely the path of the crack and of widening the top of the crack to the required section without spatting or otherwise damaging the concrete. Random cracks that are tight and that penetrate less than 1/4 of the depth of the pavement shall be filled with epoxy -resin. When necessary, the depth of crack penetration shall be determined by inspection of cores not less than 4 inches in diameter drilled by the Contractor at his expense at locations directed. The core holes shall be refilled with portland-cement concrete bonded to the pavement with epoxy -resin grout. In addition, when a longitudinal crack is continuous across one or more slabs and penetrates more than 1/4 the depth of pavement, core holes not less than 6 inches in diameter shall be drilled through the full depth of slab at both ends of the crack. In the operation to drill cores at the longitudinal -crack ends the core bits shall be so positioned that the core removed will include not more than 3 inches of the crack. Sandblasting and high-pressure air jets shall be used to remove any fines near the apparent 01385006 REINFORCED CONCRETE FOR SITE WORK 02751 - 11 _' 05/06