Loading...
HomeMy WebLinkAboutResolution - 5313 - Contract - Westmar Inc - Landfill Gas Remediation - 10/10/1996RESOLUTION NO5313 October 10, 1996 Item 430 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and Westmar, Inc., of Whitesboro, Texas, and any associated documents, to install and furnish all materials and services as bid for the Landfill Gas Remediation, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of October _, 1996. ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: kayt Darnell, City Secretary APPROVED AS TO CONTENT: V Victor KihA Purchasing Manager APPROVED AS TO FORM: bfnald G. Vandiver, First Assistant City Attorney DGV :da/ccdocs/westmar. res September 30, 1996 CITY OF LUBBOCK SPECIFICATIONS FOR LANDFILL GAS REMEDIATION BID #13675 6y 6-515 CITY OF LUBBOCK Lubbock, Texas e t l 52 t City of Lubbock P.O. Box 2000 Lubbock, Texas 7J457 606-767-2167 MAILED TO VENDOR: CLOSE DATE: ITB #13675 - LANDFILL GAS REMEDIATION Office of Purchasing September 9, 1996 September 18,1996 @ 2:00 P.M. ADDENDUM #1 The following items take precedence over specifications for the above named bid. Where any item called for in the bid documents is supplemented here, the original requirements, not affected by this addendum, shall remain In effect. 1. Please find enclosed the following page to accompany ITB #13673. All requests for additional Information or clarification must be submitted in writing and directed to: Ron Shuffield i.. Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 X AFFIE SENIOR BUYER PLEASE RETURN ONE COPY WITH YOUR BID. RS/ca Enclosure r 7 r-F=h=MftW-LdWW%2A7PM Addendum No. 1 TO: . All Prospective Bidders/Plan Holders PROJECT: City of Lubbock - Municipal Solid Waste Landfill TITLE: Landfill Gas Remediation BID NO.: 13675 DATE: September 6, 1996 This Addendum forms a part of and shall be attached to the Contract Documents and modifies the original Bidding Documents #13675, Project Number 5515.9103 as noted below : Acknowledge receipt of this Addendum in the space provided below. Include this Addendum with the BID FORM. This Addendum consists of 1 page. REVISIONS TO SPECIFICATIONS: Section 02146, PERMANENT METHANE VENTS, PART 2 PRODUCTS, 2.3 WELL SCREEN MATERIAL, paragraph A.6 and B.2, titled Perforation. Delete the paragraph and replace each with the following: "Perforations shall be 14 -inch wide and centered on 12 -inch spacings. The number and length of the perforations may be either four per foot at 4 -inches in length (90e apart), or two per foot at 8 -inches in length (180e apart) and staggered throughout the perforated zone." ACKNOWLEDGED BY: PARKHILL, SMITH & COOPER, INC. Engineers ■ Architects ■ Planners 4010 Avenue R ■ Lubbock, Texas 79412 (806) 747-0161 s FAX (806) 747-7146 Lubbock a Paso PARKHILL, SM[TH & COOPER, INC. I � � , %%li !�! s,�-�' P Midland Amarillo CITY OF LUBBOCK INVITATION TO BID FOR TITLE: LANDFILL GAS REMEDIATION ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13675 PROJECT NUMBER: 5515.9103 CONTRACT PREPARED BY: PURCHASING DEPARTMENT r 1. 2. I k : 3. r 4. 5. 1 6. 1 7. 8. 9. 10. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR UNIT PRICE CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITION NOTICE TO BIDDERS I F11 r f NOTICE TO BIDDERS BID #13676 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 18th day of September, 1996, 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: "LANDFILL GAS REMEDIATION" PM After the expiration of the time and date above first written, said sealed bids will be opened in the office of the L Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager PM for the City of Lubbock, prior to the expiration of the date above first written. ` The City of Lubbock will consider the bids on the 10th day of October, 1996at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to fumish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre-bid conference on 4th day of September, 1996, at 10:00 o'clock a.m., in the Purchasing Conference Room L-04, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, 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. j.. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. 7 D r� The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2281 at least 48 hours in advance of the meeting. CITY OF LUBBO K vz���_ VICTOR KILM /moi PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 162613th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164. 6 r �Y Jar i, 3 i. 1� E GENERAL INSTRUCTIONS TO BIDDERS 1: r t. FOR l: i GENERAL INSTRUCTIONS TO BIDDERS r 1. SCOPE OF WORK b The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the LANDFILL GAS REMEDIATION. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. *� 4. BIDDER INQUIRIES N No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806)767-2164 R 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (SIXTY) consecutive f calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 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 insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. y . i 7. 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. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES 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). 10. 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. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A swom statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX 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. 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. — n* 13. 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 L other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not 1 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. i 14. BARRICADES AND SAFETY MEASURES • The contractor shall, at his own expense, fumish 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 C 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. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from i; 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. Explosive materials shall not be stored or kept at the construction site by the Contractor. 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. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 17. 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) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. r 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 coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (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. 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. 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. 19. 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, swom, 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. 7- 20. ° 21. 7 I r 22 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. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. Q) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. BID SUBMITTAL BID SUBMITTAL UNIT PRICE BID CONTRACT PLACE:(;i ry of T.nhhnrk T.anrif i 1 l r_n c! Remediation DATE: 1 99r% PROJECT NUMBER: 13676 - LANDFILL GAS REMEDIATION Bid of WA c t m .. -r T„ ,_ (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation forbids for the construction of a T,,,,e a ft e e H e elt _ _ _ V _ _ .._ Construction Bid # 13675 having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, r within the time set forth therein and at the price stated in Exhibit `A". l ; The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit *Am of this bid. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXM consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Ownei as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess a the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with Instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the r bidding. 1. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to I .1 . I commence work on or before the date specified In the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. 71 Bidders are required, whether or not a payment or performance bond Is required, to submit a cashier's check or certified check Issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total .• amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten)10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for two thousand four dollars -87 Dollars ($ 2604.97 ) ora Bid Bond In the sum of Dollars which it Is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. r: I ? l'�'� /�lll�Ci':���9lP •�/lam 2l Authorized SIgnature ? Marsha Westerman (Printed or Typed Name) � Westrna�,, Tne _ Company Rt4 Box141 Address Whitesboro, Grayson Tlexas 1 76y273-9450 4th" Zip Code r Telephone: 9 0 3 - 564-6302 i Fax: 90--564-7367 (Seal if Bldeer is a Corporation) ATTEST: d Secretary 11 roll "EXHIBIT A" PROPOSAL CITY OF LUBBOCK PERrVIANENT METHANE VENT CONSTRUCTION BID NO. 13675 September 18_, 1996 Item Quantity No. & Unit Description of Item and Unit Price Total Amount BASE BID - VENT NOS. 1 THROUGH 10 1. 700 Drilling 36" Minimum Diameter Methane Venn V.F. Nos. 1 through 10 from Ground Surface to Bottom of Hole including deposition of cuttings on to working face, hydrated bentonite and soillbentonite mix, at a unit price per vertical foot: Fourty three Dollars and n n Cents ($ 43.00 ) $ 30,100 The total amount for Item 1 consists of. MATERIALS: $ 7 � n n LABOR: $ 22:400 2. 9 Handling, hauling and disposing of incidental Tons asbestos containing materials that are encountered during the drilling of the vents, in accordance with all applicable federal, state and local regulations at a unit price per ton: fourty eight Dollars and n n Cents ($ 48.00 )$ 432 The total amount for Item 2 consists of.- MATERIALS: f:MATERIALS: $ —0— LABOR: 0— LABOR: $ 432.00 F I Fj F 1 2695-96 -1- rl f {k^ k Item Quantity No. & Unit Description of Item and Unit Price Total Amount 3. 250 Casing vents with 64inch Casing, as specified, at L.F. a unit price per linear foot: seven Dollars and n o Cents ($ 7 .0 0 ) $ 1750.00 The total amount for Item consists of: MATERIALS: $ 10 0.00 LABOR: $ r 4. 450 Screening Vents with 6 -inch Vent Screen, as L.F. specified, at a unit price per linear foot: I71eightDollars : and no Cents ($ 8.00 $ 3,600.00 The total amount for Item 4 consists of: MATERIALS: $ 1900.00 _ LABOR: $1700.00 _ 5. 272 Gravel Filter Pack (Quantity based on 36" Tons diameter hole), Furnished and Placed in Vents, as specified, at a unit price per ton: 'Twenty seven Dollars $ 7344.00 and n o Cents ($ 27.00 ) The total amount for Item 5 consists of. MATERIALS: $ 3874.00 `0. 0 LABOR: $ (". 2685-96 -2- :� P The total amount for Item 6 consists of MATERIALS: $ 350.00 LABOR: $ 175.00 Breakdown of Materials and Labor Incorporated into the Project, Total Materials to be incorporated into Base Bid, $ 14,824.00 • Total Labor, superintendence, equipment, supplies, etc., as necessary to construct 28,927.00 Base Bid. $ Subtotal Base Bid (All Items 1-6) $ 43,751.00 Item Quantity No. & Unit Description of Item and Unit Price Total Amount ADDITIVE ALTERNATE - VENT NOS. 11 AND 12 7. 140 Drilling 36" Minimum Diameter Methane Vents V.F. Nos. 11 and 12 from Ground Surface to Bottom of Hole including deposition of cuttings on working face, hydrated bentonite and soillbentonite mix, at a unit price per vertical foot: fourty _ Dollars $ 5600.00 and no Cents ($ 40.00 Item Quantity No. & Unit Description of Item and Unit Price Total Amount 6. 10 Furnish and Install Turbine Vents and all MATERIALS: $ 0' — Each necessary fittings, as specified, as shown on the plans at the unit price each: 2685-96 L: fifty two Dollars 525.00 and f if t y Cents ($ 52.50 The total amount for Item 6 consists of MATERIALS: $ 350.00 LABOR: $ 175.00 Breakdown of Materials and Labor Incorporated into the Project, Total Materials to be incorporated into Base Bid, $ 14,824.00 • Total Labor, superintendence, equipment, supplies, etc., as necessary to construct 28,927.00 Base Bid. $ Subtotal Base Bid (All Items 1-6) $ 43,751.00 Item Quantity No. & Unit Description of Item and Unit Price Total Amount ADDITIVE ALTERNATE - VENT NOS. 11 AND 12 7. 140 Drilling 36" Minimum Diameter Methane Vents V.F. Nos. 11 and 12 from Ground Surface to Bottom of Hole including deposition of cuttings on working face, hydrated bentonite and soillbentonite mix, at a unit price per vertical foot: fourty _ Dollars $ 5600.00 and no Cents ($ 40.00 is for Ifte 7 nsof: The total amount 4 0.60.0 MATERIALS: $ 0' — 40 4 0 LABOR: $ _ 2685-96 L: -3- .1 item Quantity No. & Unit Description of Item and Unit Price Total Amount 8. 1.8 Handling, hauling and disposing of incedental Tons asbestos containing materials that are encountered during the drilling of the vents, in accordance with all applicable federal, state and local regulations at a unit price per ton: fourty eight Dollars j ! and no Cents ($ 48.00 $ 86.40 E . The total amount for Item 8 consists of: 0— MATERIALS: $ —0— LABOR: $ 86.40 LABOR: 9. 50 Casing vents with 64inch Casing, as specified, at L.F. a unit price per linear foot: seven Dollars r ! 350.00, 1 and no Cants ($ 7.00 $ C The total amount for Item 9 consists of: ` MATERIALS: .$ 200.00 LABOR: $ 150.00 10. 90 Screening Vents with 6 -inch Vent Screen, as L.F. specified, at a unit price per linear foot: eight Dollars and n ° Cents ($ 8.0 0 $ 720.00 The total amount for Item 10 consists of: MATERIALS: $ 380.00 — LABOR: $ 2685-96 -4- 71 6 F, Item Quantity No. & Unit Description of Item and Unit Price Total Amount 11. 55 Gravel Filter Pack Furnished and Placed in Tons Vents, as specified, at a unit price per ton: twenty seven Dollars and no C� ($ 27.00 $ 1485.00 The total amount for Item 11 consists of.- MATERIALS: fMATERIALS: $ 784.00 LABOR: $ 701.00 12. 2 Furnish and Install Turbine Vents and all Each necessary fittings, as specified, as shown on the plans at the unit price each: fifty two Dollars FA and f if t y Cents $ 52.50 $ 105.00 The total amount for Item 12 consists of: MATERIALS: $ 70.00 LABOR: $ 35.00 Breakdown of Materials and Labor Incorporated into the Project, • Total Materials to be incorporated into 2974.00 Additive Alternate, $ • Total Labor, superintendence, equipment, supplies, etc., as necessary to construct $ 5372.40 Additive Alternate, Subtotal Additive Alternate (All Items 7-12) $ 8346.40 BID SUMMARY Total Base Bid (Items 1-6) $43,751.00 F1 Total Additive Alternate (Items 7-12) $ 8,346.40 F1 GRAND TOTAL (ITEMS 1-12) $52,097.40 r 2685-96 -5- SUBMITTED on September 18 AUTHORIZED SIGNATURE ATTEST SIGNATURE 2685-96 ffm LIST OF SUBCONTRACTORS Minority Owned Yes No Knda nri11ing ❑ ❑ ❑ ❑ 0 0 0 0 0 0 0 ❑ 0 0 ❑ 0 0 0 0 PAYMENT BOND BOND CHECK BEST BATING LICE=!IS DRTE • i:* -k +fir' STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODEBOND No.: 015006174 (CONTRACTS MORE THAN $25,000) BOND PREM: $1313.00 y KNOW ALL MEN BY THESE PRESENTS, that wEsTMAR, INC- (hereinafter called the Princlpal(s), as Principai(s), and t"• AMWEST SURETY INSURANCE COMPANY y. (hereinafter called the Sures s Su t (�g�heldd and frmlI bound unto the City of Lubbock (hereinafter called the Obligee). In the amount of ���� Dollars ($ 43,751.00) 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, firmly by these presents. '— WHEREAS, the Principal has entered Into a certain written contract with the Obligee, dated the 10TH day of I OCTOBER .19 96,to DRILL AND COMPLETE TEN (10) PERMANENT LANDFILL GAS VENTS. r•. LUBBOCK, T% r t 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. i` r NOW, THEREFORE, THE CONDITION OF THIS OBUGATION 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; 17 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 seated this instrument this 1sT day of OCTOBER 19 96 AMWEST'SURETY INSURANCE COMPANY Surety G �Z�' rue) IE MC N, ATTORNEY-IN-FACT • - .- . . v W 7f1w �• WESTMAR, INC. Principal By, (Title) By,- Crie) By, (Tle) qq$$ The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HowARn cow m an agent resident In Lubbock County to whom any requisite notices may be delivered and Fon whom service of process may be had in matters arising out of such suretyship. AHNEST SURETY INSURANCE COMPANY Surety muei IANNIE H ,AIN, ATTORNEY-IN-FACT Approved as to Form ' of Lubbock ^ City By: dCit Attomey • Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-la«s 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. EXPMA• 10N DATE 9-11-98 Powm rtvmm 0000644104 READ C,lRBFULLIF This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company (the "Company') on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your load Amwest branch office at (214) 580-8666 constitute and appoint: VIVIAN CAMPBELL GAIL A. BARRAZA LANNIE MC CLAIM BEVERLY HAYES DANIEL D. WALDORF AS EMPLOYEES OF AMWEST SURETY INSURANCE CO its true and lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company thereto if a seal is required on bonds, undertakings, recognizar►ces, reinsurance agreement for a Miller A the nature thereof as follow: Bid Bonds up to S' •5,000,000.00 Contract (Performance tit Payment), Court, Subdivision $'•5,000,000.00 License & Permit Bonds up to $*•5,000,000.00 /. Miscellaneous Bonds up to $"5,000,000.00 Small Business Administration Guaranteed Bonds up to $•'1,250,000.00 ,( and to bind the company thereby. This appointment is made under and by axe B, I, the undersigned secretary of Amwest Surety Insurance Company, a Ne corpora *0�y force and effect and has not been revoked and furthermore, that the ons f the Boardl provisions of the By -Laws of the Company, are now in full force an Bond No. OILS006IL74 Signed & scaled thig 1 of OCTOB Waffix the seal of the company or other written obligations in Qifich am now in full force and effect. IFY that this Power of Attorney remains in full on this Power of Attorney, and that the relevant 96 Karen G. Cohen, Secretary 4f B #E 4E tit +IE tit titU7IONS O DIRECTORS B * * * * * * * * * tit This POA is signed and sealed by facsimile under pd autho o` utions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on Decembci�� 1975: RESOLVED, that the President or Pkident, in nJunc�ri vd Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the i m i encin tment *— ac case, for and on behalf of the Company, to execute and deliver and affix. the seal of the Company to bonds, undertakin ces, ip obiiga of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any POA previously gran rson. RESOLVED FURTHER, that nd, and gn' ce suretyship obligation shall be valid and bind upon the Company: (1) when signed by the President o any Vi r an and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any darn or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or ag o (((��-��� (iii) when duly executed and seal (if a requir . one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney iss ompany to suc person or persons. RESOLVED FURTHER, that the st of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and del' ery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 14th day of December, 1995. & GtA e jw� �&� 6004'Ze� 10, John E. Savage, Presfdent Karen G. Cohen, Secretary State of California County of Los Angeles On December 14,1995 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/sheRhey executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) thin en e n o e nt' u on eh of which the persons) acted, executed the instrument '0,0011111 uuup,q, 'yam CESS hand and official seal. FE= LtOFM ConwdmimflOMM O m oo ��a fT Signature (Seal) � «COurdy Wftylb. Lofton, Notary PublidMy Cotrun. EttpitN Atte 6,199 C01— DEC.14,0 s r : lass ftp Z Q' { ;,!;_6' *• )r, r PERFORMANCE BOND 0 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY r STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) 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 _ day of , 19_, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of '19 Surety Principal *B B Y� Y: PM (Title) (Title) By: (Title) By: (Title) r 0 t. r i' The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and I on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock By. City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attomey in Fact, we must have copy of power of attomey for our files. I I CERTIFICATE OF INSURANCE PRODUCER Sleeper, Sewell & Co. 12222 Merit Dr., #600 Dallas, TX 75251-2231 (972)419-7500 Fax(972)419-7555 INSURED WESTMAR INC RR 4 BOX 141 WHITESBORO TX 76273 . :t:':s%:<.•�# � :{�'r' �r �.'•:'#:s:::;}5,:::�r.•: r'%:•,••:': t:•:%.'•:•}:; t<:::: L..;. E TS �[//[,hr����..; `}ti %:rt:,L`y r::}:L:t} yt:�:.,}:�•r'r'..r.''•'.:'a'J'.•?��•::' :�%�£i�• :%•�•.:.'�•.,,�•:.�}�.,•������•..'••.},":•,t;•.:.:•:%L•:•:'•}•t.. t'�':°::.^:•::>:Y:,�:;:�::t::F::::!�%tdr%; :x;L.sh, .r : i#':.i,•.�'':�•'. <::.:}t �:�}:,•. �.::::�:`-;::.:t.:.:.:}::•::x:>.,.:tt>It.}:.:i :.t.}..;t:>:�:}}>.:...::c. .}'«L: 10 /2 2 /19 9 6 ',•r.{.};r,},:}%::{�:•:'iriiii A}%}:%:%:�:'v:{w:•}}r:.:t•�rrx:::•}.•n.vi6x::.vnfi:nvr. L•Rn:::::hLL•.•in 1� f.•:i.{•:•x%whvMti:.G.....n................... THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS; NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ::....P...0...U....CIES...BELOW. :...................................................................................................................................................... COMPANIES AFFORDING COVERAGE ...................................................................................................................................................................... LE my A TEXAS WORKERS COMP INS. FUND. :..............................................................................................................................................................I........ .......... � B PROGRESSIVE INS. CO. ............................................. COMPANY C LETTER ............................................ COMPANY D LETTER ............................................. COMPANY E LETTER NY 02111096-1 :EXCESS LIABILITY ........ UMBRELLA FORM :DAMAGE .....;...................................................................:..................................................................:...................I......... DESCRIPTION OF OPERATIONSAACATIONSIVEHIC=rSPECIAL ITEMS BID #13675 - LANDFILL GAS REMEDIATION CITY OF LUBBOCK ATTN: RON SHUFFIELD P O BOX 2000 LUBBOCK TX 79457 PROPERTY DAMAGE i .................... ................................... I-- ....... ........... EACH OCCURRENCE $ ......................................:....... ;AGGREGATE $ STATUTORY LMIT$ :.X.. `. ........................ 04/30/97 EACHAWI................. DISEASE - POLICY LMR ............... ...I ........ . DISEASE - EACH EMPLOYEE ...................................:......................................... 03/07/9? COLL DED :COMP DED 1,00 50 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF- THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT- BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGAPON OR LIABILITY OF ANY KIND UPON THE COMPANY- ITS AGENTS OR REPRESENTATIVES. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT- TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN- THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS- EXCLUSI.......... .....................................................................................................:.............................. .................................................................................................................. CO TYPE of INSURANCE PDLrcr NUMBER EFFECTIVE ;POLICY TEXPIRATION € LAMSLTR :OATS : DATE (MMIDD/YY) DATE (MMADIYY) .....................................................................................................................................:.................................:................................I GENERAL LIABILITY ............................................... v............ ........ ................. . GENERAL AGGREGATE :COMMERCIAL GENERAL LWBLRY .. PRODUCTS-COMP/01' ARO. $ $ CLAMS MOCCUR. -PERSONAL d ADV. M S fi+I,ADE ...:........ .......... OWNERS 8 CONTRACTORS PROT. ;................................................;....................................... EACH OCCUFRENCE :S .................................................... ' ........................... - FIRE DAMAGE (Any one fire) S i I? .............................................................. ......................................................................... •........................................ MED. EXPENSE (Any one Person);$ :AUTOLW80.E LLABLLIiY MBI : CONED SINGLE B:: ANY AUTO 7039130 : LIMIT ::$ 1,000,00( X : AAUTOS ALL OWNEDU3 - /19 /9 6 0 3/ 19 / 9 7 Boot.Y IN.AIRr SCHEDULED AUTOS ;(Per person) $ ;.......: X HIRED AUTOS .............. . ................................. ............................ : BODILY INJJRY :. X , NON -OWNED AUTOS e $ ? GARAGE LIABILITY ......................................................... :EXCESS LIABILITY ........ UMBRELLA FORM :DAMAGE .....;...................................................................:..................................................................:...................I......... DESCRIPTION OF OPERATIONSAACATIONSIVEHIC=rSPECIAL ITEMS BID #13675 - LANDFILL GAS REMEDIATION CITY OF LUBBOCK ATTN: RON SHUFFIELD P O BOX 2000 LUBBOCK TX 79457 PROPERTY DAMAGE i .................... ................................... I-- ....... ........... EACH OCCURRENCE $ ......................................:....... ;AGGREGATE $ STATUTORY LMIT$ :.X.. `. ........................ 04/30/97 EACHAWI................. DISEASE - POLICY LMR ............... ...I ........ . DISEASE - EACH EMPLOYEE ...................................:......................................... 03/07/9? COLL DED :COMP DED 1,00 50 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF- THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT- BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGAPON OR LIABILITY OF ANY KIND UPON THE COMPANY- ITS AGENTS OR REPRESENTATIVES. i rl�G••.�177C wv. V.Pw Gi1fTGU.:.CUC�I! CRUMF INS, SERVICES OF TEXAS 7557 RAMBLER RD., 0300 VALLAS, TEXAS 75131 WESTMAR, INC. RR 4 BOX 141 WHITSBORO, TEXAS 76273 TH18 Is: TO CaERVFY THAT THE POLICIES OF IN URAN01 LIST INDICATED, NoTVYITHaTmowo ANY FIEOUIREMENT TERM 4 CERMFiCATZ MAY Of! "UM OR MAY PERTAIN, Wk INRUP E CLUSVONO AND WMIDMONS Of SUCH POLICIES. LIMITS B fYPa OF wauRmm POuaY MYYsrn ummumury B'Tom X iivaaALa uuAsary EWCIOCO566 C AM MOWS L c=un ! Nm A=NBi11XMQ ppm 1W7wrAumlaw way I AWAUTo ALLCWV@A = I §CW -W Ea AJ= HMA" N3N4WM MAUiuv ANYA= ii uu uAei m A X La16AEt1AFLm MCU002508 ai�ron Po�u MOIfIffIM OOM►{Mi�►1fOM Aifs awxmiei�uAauTr TH6 PROPgNTOFf �, PARTNONVEXEGUMr! -- F •f � ::� �""1f iiiF».r girt; �. �fi• 1 CUPAWNT. HAWLEY INS. CO. C°"I" COMMERCIAL UNDERWRITERS I C I ooMPAwY 0 BELOW HANE B@EN 18RUED TC THE WBURED NAMED ABOVE FOR TME MUCY PERIOD XMMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RUPE7CT TO WHICH TNS$ :E AFFORDED BY THF PoWES DESCRIBED HEREin IS SUBJECT TO ALL THE URMti. NN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Pouav arPteM POUGYaoi ylm uiiin O4Ta piY10O1iVj DATE piMMDli1, oENil W AGOFMOArE 1=2 050, C 03/06/96103/06/97 Fmomma-coiProPAM S 1,000,9 10/22/961'03/06/97 CERTIFICATE HOLDER IS AN ADDITIONAL INSURED CITY OF LUBBOCK ATTNs RON SHUFFIELD P. 0, BOX 2000 LUBBOCKt TX 79457 XC commCO sAw U Ii I I [oI•Ie; owwo ANY of TMs own m9mmm mma "Gmenm offou Tisa WiRATi4N OAS MnoF. M NaWNS COMPANY MALL EMDEAVM TO MA,L OAPs Y1rom wria,Too um°W W69M to TO "t LINT. AUT rum to "L V= Mf�i lwjz Moa �O�bs CR Wmum STEPHEN Rape" OAiimm . a AUM MY . EA ==NT 1 a [oI•Ie; owwo ANY of TMs own m9mmm mma "Gmenm offou Tisa WiRATi4N OAS MnoF. M NaWNS COMPANY MALL EMDEAVM TO MA,L OAPs Y1rom wria,Too um°W W69M to TO "t LINT. AUT rum to "L V= Mf�i lwjz Moa �O�bs CR Wmum STEPHEN i ENDURSE,MT.NT NIS This endorsement, effective July 2,1496, 12:01 A.M., and forms a part of Policy No. EWC 100566 issued to Westmar, Inc. by Commercial Underwriters hisurauce Company. ADDITIONAL INSURED ENDORSEMENT In considcratirxr of an Additional Premlum of s Quit Is undertood and agreed that the foUowing entity is added as Additional insured but only as respects the operations of the Named Insured except that liability resulting from the Additional Inured's Sole Negligence. Name 4f Person or Organization: Avy psrson or organization, sfstee, estate or guvernmental entity -b whom of to npltich the named Insured n obligated, by vinue of a written earrraet to provide insurance, sud/t as Is afforded by this poi1q, bur eff (y rvlten this Company it nolVled via a cerfUlcate of Insurance, sold certkam'r /sere date serving as effective date herein. This Company resenes the rlght to decline or rome ary additional Insured from coverage by this pefley withk (15)flfieen days of request. *PLUS $24.25 TAX AND $.50 STWING FEE i Authorized Rrpmsentative THIS ENDORSEMENT CHANGES THE POLICY PLEASE RE, .AD IT CAREFULLY ,chis erldormernent, effective July 2,1996,12:01 A.M., and forma apart of Policy No. EIPC 00066 iEsued to Westmar, Inc. by Commercial Underwriters lnsurance Company. BLANKET WAIVER ENDORSEMENT Name of Person or Organization: Any parson or urganizattan, trustee, estate or governmental entity to whom or F to whkh fire named insured is obrgated, Gy virtue t{f a written cpntract to provide Insurance, such as is afforded by this Irolicy, but only when this Company is nolf ftad rht a cert1recate of insurance, said certificate's Issut date +`• sm4ug as effective elate hcrtin. Thds Company reserves flit right to decline or refuse atny additional Insured from coverage by dils pvllcy wttltbt (1 f) fifteen days of request We waivc any right of recovery we may have against the person or orgnniza:ien shown In the Schedule becausc of r paymentswe make for injury or damage trisio2 out of "your work" done un4cr a contrct with that person or organization. The waiver applies only to the persur. or organization shown hi the Schedule. Authorized Represantativc THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by �. contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. rr Agent (Signature) I; Name of Agent/Broker: _ Address of Agent/Broker: L+ N City/State/Zip: N i Agent (Print) Agent/Broker Telephone Number: ( ) Date: CONTRACTOR'S NAME: _ (Print or Type ) ' CONTRACTOR'S ADDRESS: NOTE TO AGENTIBROKER f this time requirement is not met, the City has the right to reject this bid/proposal and award the :ontract to another contractor. If you have any questions concerning these requirements, please :ontact the Purchasing Manager for the City of Lubbock at (806)767-2165. BID 013675 -LANDFILL GAS REMEDIATION r CONTRACTOR CHECKLIST ' A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and f (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: r 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 C 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 F 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 f (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 E 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 PM j (H) contractually require each other person with whom it contracts, to perform as required by ti paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.0 CONTRACT D STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT THIS AGREEMENT, made and entered Into this 10th day of October. 1996, by and between the City of r Lubbock, County of Lubbock, State of Texas, acting by and through, Mayor Pro Tem, thereunto authorized to do so, i hereinafter referred to as OWNER, and Y1IESTMAR. INC. of the City of Whitesboro, County of Grayson, and the fitate of Texas, hereinafter termed CONTRACTOR. r WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 13675 - LANDFILL GAS REMEDIATION - $52,097.40 and all extra work In connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, Insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified In the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas In the year and day first above written. V, TO CONTENT: *ITaL--I ATTEST: Corporate Secretary is r Cil By CONTRACTOR: R111 /Q!1111,1110�X, PRINTED NAME: TITLE e� COMPLETE ADDRESS: Westmar, Inc. Rt 4 Box 141 Whitesbom, Texas 76273-9450 GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, Is used, It shall be understood to mean the person, persons, co -partnership or corporation, to wit: ILVE'-_STMAR, INC, who has agreed to perform the work embraced In this contract, or to his or their legal representative. • 1/► ZMV : I f;X t Whenever the word Owner's Representative or representative Is used in this contract, it shall be understood as referring to, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and DON JENNINGS, STREETS SUPERINTENDENT, who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (f required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection In accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed" -Permitted,' 'Designated," 'Required,' "Considered Necessary," "Prescribed,w 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 him who gives the notice. r C: r 8. WORK 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 stili 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 with one copies of all Plans, Profiles and Specifications without expense to him and he 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 of quality of the executed work and to determine, In general, If the work Is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite Inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner Informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies In the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever 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 his 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 him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. i; t 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 shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that 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 this contract. He 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 Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. i 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 i 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 six (6) days make written appeal to the Owner's Representative for his decision. PIP 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 his absence and all directions given to him shall be binding as if given to the Contractor. 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. s The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. l 17. CONTRACTOR'S UNDERSTANDING J It is understood and agreed that the Contractor has, by careful examination, satisfied himself 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 effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. t.. t. r 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, 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 him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, 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 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 reasonable 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 work is in preparation or progress. Contractor shall ascertain the scope of any observation which 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 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 Observer has _ previously accepted the work through oversight or otherwise. If any worts 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 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 bome bythe Contractor unless otherwise provided herein. Any work which falls to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the. requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. r r7 i' 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 this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further 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 Owners' Representative as unsuitable or not in conformity with plans, specification and 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 this contract. 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 any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or ... Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is 1 commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. In the event said extra work be performed and paid for under Method (C), 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, rOld Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all G 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 him for his 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 he should receive compensation or an adjustment in the construction time, he shall 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). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in .— these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his 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 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 r Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained 4 t against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his 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 his duty and shall not be construed as any assumption i of duty to supervise safety precautions by either the Contractor or any of his 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 1 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 cant' 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 prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1.000.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal injury d Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $1.000.000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1.000.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an 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. The Contractor shall obtain a Builder's Risk policy in the amount of ° (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $1.000.000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for - the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 0 entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. — 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements — of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. ! 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and j(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. t 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that ... materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage E, and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services the to: on project, (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; r-� (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; l , 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 t 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 (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the ~ duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as - evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the 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: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This Includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the Identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 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 (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; provide a certificate of coverage to the contractor prior to that person beginning work on the project; is u include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) = (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 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 The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any .— demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. — If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing 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. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner 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 harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 7 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and r— regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. if the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his 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 his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR 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 of work to be done hereunder are essential r• conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any C" proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. t, It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the r^ completion of the work described herein is reasonable time for the completion of the same, taking into ! consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. i The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by his 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. EXTENSION OF TIME The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his 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. The Contractor may apply in writing for an extension of time, submitting therewith all written -- justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. 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 judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. Itis understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ I� 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 he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work �., by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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 r incurred by him 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 f.. 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 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. Owner's Representative shall review said application for partial payment 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; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. 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 this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the worts to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials fumished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of. (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. is F48. TIME OF FILING CLAIMS 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) days after the Owners Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. in case the Contractor should appeal from the decision of the Owners Representative, any demand for arbitration shall be filed with the Owners Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owners Representative. It is further agreed that final acceptance of the worts by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owners Representative, or if the Contractor fails to comply with the orders of the Owners Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, 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. After receiving said notice of abandonment, 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 case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide 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 his Surety shall pay the amount of such excess to the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, 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. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 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, whereon the Contractor or his Surety, or the l Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate 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 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. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety 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 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 subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) 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. 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 which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. -- Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. 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 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss 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 and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his 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 his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 7 55. 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 he shall remove all such debris and also his 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. CURRENT WAGE DETERMINATIONS 7 i Kesolution No. :)i/.l March 14, 1996 Item 1119 ' WHEREAS, the City Council has heretofore established the general prevailing rate of j per diem wages for each craft or type of workmen or mechanics needed to execute public i works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February i 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8, 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: ! BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: ! Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. i� i .i :i t9 Passed by the City Council this 14th ATTEST: Betty M. fdfinson, City Secretary APPROVED AS TO CONTENT: Ma44AndrrIws, Managing Director of Human Resources APPROVED AS TO FORM: &aold:�(W-ijIlard, Assistant City Attorney iHW:da/ccdocs/pubworks.res February 14. 1996 1) :11: City of Lubbock Building Construction Trades Prevailing Rates Craft Hou al Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-Piping/Boiler 9•00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer. -(General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 X4:11. M Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Fla.gger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 600 Scraper 6.50 Tractor 6.50 Truck Driver -Light 6.50 Truck Driver -Heavy 6.50 *.A:1 1: I Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. X4:11: M 1 Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS r CITY OF LUBBOCK, TEXAS MMCI ?AL SOLID WASTE LANDFILL PERMANENT METHANE VENT CONSTRUCTION Supplementary General Conditions and Technical Specifications JULY 1996 1� ••:::uii:mous:: .............. ::::::::::: ............... :..ow�ww.1'� w �! � Parkhill, Smith & Cooper, Inc. ..e. i Engineers ■ Architects a Planners .........:.:... �•ww..Mw.••N SECTION 00003 TABLE OF CONTENTS CITY OF LUBBOCK, TEXAS MUNICIPAL SOLID WASTE LANDFILL PERMANENT METHANE VENT CONSTRUCTION DIVISION 0 - CONDITIONS OF THE CONTRACT 00805 Supplementary General Conditions DIVISION 1- GENERAL REQUIREMENTS 01010 Summary of Work 01019 Contract Considerations 01025 Measurement and Payment 01039 Coordination and Meetings 01090 Reference Standards 01300 Submittals 01400 Quality Control 01500 Construction Facilities and Temporary Controls 01600 Material and Equipment 01650 Facility Start -Up and Commissioning 01700 Contract Closeout DIVISION 2 - SITE WORK 02146 Permanent Methane Vents DIVISION 3 - CONCRETE Not Required DIVISION 4 - MASONRY Not Required DIVISION 5 - METALS Not Required DIVISION 6 - WOOD AND PLASTICS Not Required 2685-96 . 00003-1 NUMBER OF PAGES 6 2 1 2 2 1 3 2 2 2 1 2 n DIVISION 7 - THERMAL AND MOISTURE PROTECTION Not Required DIVISION 8 - DOORS AND WINDOWS Not Required DIVISION 9 - FINISHES Not Required DIVISION 10 - SPECIALTIES Not Required DIVISION 11 - EQUIPMENT Not Required DIVISION 12 - FURNISHINGS Not Required DIVISION 13 - SPECIAL CONSTRUCTION Not Required DIVISION 14 - CONVEYING SYSTEMS Not Required DIVISION 15 - MECHANICAL Not Required DIVISION 16 - ELECTRICAL Not Required APPENDIX A Form i Vent Borehole Construction Log Form 2 Construction Log APPENDIX B Project Drawings 2685-96 00003-2 NUMBER OF PAGES 1 1 r SECTION 00805 SUPPLEMENTARY GENERAL CONDITIONS PART1 GENERAL The following paragraphs identify and describe changes to specific paragraphs in the General Conditions. 1.1 ADDITIONS, DELETIONS, AND REVISIONS 1.1.1 General Conditions "11. KEEPING OF PLANS AND SPECTFICATIQNS ACCESSIBLE", delete the entire paragraph and replace with the following: The Contractor will be furnished five (5) sets of the full-sized drawings and five (5) sets of the specifications for use during construction. This shall include all plans and specifications furnished to material suppliers and subcontractors but does not include executed contract copies. Plans and specifications for use during construction will be furnished directly only to the contractor. 1.1.2 General Conditions "13. LINES AND GRADES", add a second paragraph as follows: Benchmark locations and information furnished by the Owner's Representative are for initial construction layout and final construction verification. If a portion of the work fails and requires additional work by the Contractor, additional surveys will be provided by the Owner's Representative at Contractor's expense. The Contractor shall be billed directly for additional surveys by the surveyor at the rates being paid by the Owner. Failure of the Contractor to pay for additional surveys will result in a reduction of that amount from the final payment. 1.1.3 General Conditions "21. OBSERVATION AND TESTING", add a fourth paragraph as follows: The Contractor shall pay all costs for pre -construction testing called for in the Technical Specifications and for all failing tests during construction. The Owner shall pay for all construction testing except for failed tests. The Contractor shall be billed directly for failed tests by the testing laboratory at the rate per test being paid by the Owner. Failure of Contractor to pay for failed tests will result in a reduction of that amount from final payment. 1.1.4 General Conditions "26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT", delete the first paragraph of this section. 1. 1.5 General Conditions "27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC", modify as follows: Delete the fourth sentence of the fust paragraph, i.e., "The Contractor, his sureties... including attorney's fees." and replace it with the following: "The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents, r including Engineer, and employees from all suits, actions, or claims of any character t 2685-96 00805-1 whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and project which is the subject matter of this contract, on account of the failure of the Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, including Engineer, or employees including attorney's fees." 1.1.6 General Conditions "28. CONTRACTOR'S INSURANCE", modify as follows: A. Add the following paragraph after the first paragraph: "All insurance, as hereafter c specified, shall include a waiver of subrogation against the Owner, the Owner's agents, and the Owner's Engineer." B. In addition to the City, the Engineer is to be named as an additional insured on the Comprehensive General Liability Insurance, the Owner's Protective or Contingent Public Liability and Property Damage Liability Insurance, the Comprehensive Automobile Liability Insurance and the Excess or Umbrella Liability Insurance policies, and a copy of the endorsement doing the foregoing is to be attached to the Certificates of Insurance for such policies. C.- The Engineer is to be named as an additional insured on the Builder's Risk Insurance Policy, as its interests may appear. 1.1.7 General Conditions "39. PROTECTION OF ADJOINING PROPERTY", :modify as follows: Delete the last sentence of the paragraph, i.e., "The Contractor agrees to... out of the existence or character of the work." and replace it with the following: "The Contractor agrees to -- indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any adjacent or adjoining property arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the _ existence or character of the work." 1.1.8 General Conditions "53. SPECIAL CONDITIONS", modify as follows: Delete the paragraph- and replace it with the following: "In the event any special or supplementary general conditions that are a part of the contract documents conflict with any of the general conditions contained in this contract, then in such event the special or supplementary general conditions shall control." 1.2 Additional Paragraphs 1.2.1 General Conditions 56. CONSTRUCTION PROCEDURES AND SAFETY:" Owner's Representative and the Engineer shall not specify construction or service -related procedures and shall not manage, control or have charge of construction, nor shall Owner's Representative or Engineer implement or be responsible for health or safety procedures. Owner's Representative and Engineer shall not be responsible for the acts or omissions of Contractor or other parties on the project and shall not be responsible for construction means, methods, techniques, sequences, or procedures, nor for precautions or programs. All of these ^- 2685-96 00805-2 matters shall be the responsibility of the Contractor. Owner's Representative's and Engineer's monitoring or review of portions of the work performed under any construction contracts shall not relieve the Contractor from its responsibility for performing the work in accordance with the applicable contract documents." Contractor shall defend, indemnify and hold harmless Owner, Engineer, their officials, officers, directors, consultants, agents and employees from and against all claims, damages, whether direct, indirect or consequential, losses and expenses (including but not limited to attorney's fees and court costs) connected with any illness, injury or loss to the person or property of Contractor, its subcontractors, suppliers, their employees and agents, or any other person, arising out of or resulting from Contractor's responsibilities under this paragraph; the foregoing shall apply notwithstanding the negligence of any person or entity indemnified hereunder. Not withstanding the above, the Contractor will not be required to indemnify the Owner's Representative or the Engineer to causes arising out of the Engineer's negligent acts, errors, or omissions. k 1.2.2 General Conditions 57. RESIDENT PROJECT REPRESENTATIVE (RPR): General: RPR is Engineer's agent at the site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with Engineer and Contractor keeping Owner advised as necessary. 'RPR's dealings with suboontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. A. Duties and Responsibilities of RPR: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings. i 3. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents, and assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. B. Shop Drawings and Samples: 1. Record date of receipt of Shop Drawings and samples. 2. Receive samples which are furnished at the site by Contractor, and notify Engineer of availability of samples for examination. (�" 2685-96 00805-3 3. Advise Engineer and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by the Engineer. C. Review of Work, Rejection of Defective Work, Inspections and Tests: 1. Conduct on-site observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 2. Report to Engineer whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 3. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records. thereof; and observe, record and report to Engineer appropriate details relative to the test procedures and startups. 4. . Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. D. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Engineer. Transmit to Contractor decisions as issued by Engineer.. E. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor decisions as issued by Engineer. F. Records: 1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including _ all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. -- 2. Keep a diary or log book, recording Contractor hours on the job site, weather conditions, data relative to questions or Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. 3. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. 2685-96 . 00805-4 i G. Reports: 1. Furnish Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 2. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work. 3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from Contractor and recommend to Engineer Change Orders, Work Directive Changes, and Field Orders. 4. Report immediately to Engineer and Owner upon the occurrence of any accident. H. Payment Requests: Review applications for payment with Contractor for compliance with Ithe established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values. Work completed and materials and equipment delivered at the site but not incorporated in the Work I. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and famished by Contractor are applicable to the items actually installed and �• in accordance with the Contract Documents, and have this material delivered to Engineer I for review and forwarding to Owner prior to final payment for the Work. J. Completion: 1. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. 2. Conduct final inspection in the company of Engineer, Owner, and Contractor and r prepare a final list of items to be completed or corrected. 3. Observe that all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance. K. Limitations of Authority: Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Engineer. 2. Shall not exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, subcontractors or rr Contractor's superintendent. 0 L 2685-96 00805-5 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 7. Shall not authorize Owner to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used ; END OF SECTION 2685-96 00805-6 r SECTION 01010 a SUMMARY OF WORK a,.., PART 1 GENERAL �j 1.1 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site. C. Owner occupancy. 1.2 RELATED SECTIONS A. Section 00700 - General Conditions. 1.4 CONTRACTOR USE OF SITE A. Limit use of site to allow Owner occupancy. 2685-96 01010-1 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Identification: City of Lubbock, Texas "Permanent Methane Vent Construction". B. Location: City of Lubbock, Texas, Municipal Solid Waste Landfill. P� C. Verbal Summary: Without force or effect on requirements of the Contract Documents i brief description of the Project is as follows: 1. Base Bid: �•• ■ Ten (10) permanent methane vents ■ Asbestos Containing Materials Handling and Disposal ` ■ Mobilization and Drilling ■ Drilling Logs ■ Casing and Well Screen Installation ' ■ Gravel Pack ■ Sodium Bentonite ■ Bentonite Slurry ■ Required Testing ■ Turbine Vent Installation 2. Additive Alternate ■ Two (2) permanent methane vents ■ Asbestos Containing Materials Handling and Disposal ■ Mobilization and Drilling ■ Drilling Logs ■ Casing and Well Screen Installation ■ Gravel Pack ■ Sodium Bentonite ■ Bentonite Slurry ■ Required Testing ■ Turbine Vent Installation 1.4 CONTRACTOR USE OF SITE A. Limit use of site to allow Owner occupancy. 2685-96 01010-1 B. Construction Operations will be limited to areas adjacent to construction site as designated by the Owner. 1.5 OWNER OCCUPANCY A. The project is located at an active landfill that is open to the public. As a result, the Owner will occupy the site during construction and conduct normal operations. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 2685-96 01010-2 SECTION 01019 CONTRACT CONSIDERATIONS PART1 GENERAL 1.1 SECTION INCLUDES A. Application for Payment. B. Change procedures. 1.2 RELATED SECTIONS A. Section 01300 - Submittals: Schedule of Values. B. Section 01600 - Material and Equipment: Product substitutions. 1.3 APPLICATIONS FOR PAYMENT A. Submit four copies of each application to the Engineer. B. Payment Period: As defined in Owner -Contractor agreement. C. Waiver of liens from subcontractor. 1.4 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time. B. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the General Conditions of the Contract. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 2685-96 01019-1 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL The unit price or lump sum price bid on each item, as stated in the proposal, shall include mobilization as well as furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and for which no separate payment is made shall be included in the bid prices on the various items. 1.1 DRILLING The total depth of the wells, as authorized by the engineer, from ground surface to the bottom of the well will be measured for payment per vertical linear foot complete and in place. This price shall include cost of drilling and logging the well through all materials encountered to final depth as directed by the Engineer; the cost of materials and placement of the bentonite/soil mixture and the hydrated bentonite, and for disposing of the excavated materials on the landfill's active working face, as directed by the Owner. c 1.2 ASBESTOS HANDLING AND DISPOSAL The construction activities will occur in a pre -Subtitle D cell (older than 1993). Therefore, certain special wastes were accepted. These special wastes include asbestos (non -friable) containing materials (ACM), medical waste, vacuum truck waste and dead animals. The contractor will be responsible for all material testing, air quality testing and monitoring, material handling and containment, employee safety, hauling, and disposing of all asbestos containing materials at an appropriate site, in accordance with all applicable federal, state and local requirements. Payment will be made for the actual number of tons of ACM that are disposed of at an approved ,. site. Contractor will provide laboratory test results, manifests and weigh slips from the approved disposal site as documentation of the number of tons of ACM disposed. 1.3 CASING AND WELL SCREEN The actual amount of casing and well screen installed in the well will be measured in accordance with the specifications. Payment for the casing will be made under two items as follows: i, Payment for the actual amount of casing placed in the vent will be made at the contract unit price per linear foot for 6" casing. This price shall include all costs of furnishing and setting the casing as specified. Payment for well screen will be made for the actual length of well screen at the contract unit price per linear foot for 6" well screen. This price shall include all costs of furnishing and setting the well screen as specified. 2685-96 01025-1 tl' 1.4 GRAVEL FILTER PACK The actual number of tons of filter pack placed in the vent will be determined by weighing. The — filter pack gravel delivered to the site will be weighted at the landfill's truck scale located at the entrance. Following vent completion, all excess gravel will be picked up at Contractor's expense and weighed to determine amount of rock not used. Payment will be made for the actual number of tons of filter pack _ placed in the vent at the contract unit price per ton. This bid price shall be complete compensation for furnishing the filter pack, loading and unloading, providing the pipe and other equipment required to place the filter pack as specified, furnishing weight tickets on the materials and other incidental costs. _ Estimated quantities for filter pack in the bid form include excess material that could be necessary due to voids in the bore hole created by the solid waste. 1.5 TURBINE VENTS Turbine vents constructed under this contract, and as shown on the drawings shall be paid for at the unit price bid for furnishing and installing turbine vents in accordance with the plans and specifications, per each, complete in place. 1.6 FINAL CLEANUP The Contractor shall make a final cleanup of all parts of the work before final acceptance of the -- work by the Owner. This cleanup shall include, among other things, removing all construction materials, final grading of all trench surfaces and construction sites, and in general preparing the site of the work in an orderly manner. The cost of cleanup shall be included as a part of the cost of the various items of work involved and no direct compensation will be made for this work. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION 2685-96 01025-2 i a. 7 SECTION 01039 COORDINATION AND MEETINGS PART1 GENERAL 1.1 SECTION INCLUDES A. Coordination. B. Field engineering. C. Site mobilization conference. 1.2 RELATED SECTIONS A. Owner's General Conditions. 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and clean up of Work of separate Sections in preparation for ' Substantial Completion and for portions of Work designated for Owner's occupancy. 1.4 FIELD ENGINEERING ,.. A. Control datum for survey is that shown on Drawings. B. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. 1.5 SITE MOBILIZATION CONFERENCE A. Engineer will schedule a conference at the Project site prior to Contractor occupancy. B. Attendance Required: Engineer and Contractor's Superintendent. C. Agenda: 1. Use of premises by Owner and Contractor. 2. Owner's requirements. 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. 5. Survey layout. 6. Security and housekeeping procedures. 7. Schedules and Coordination. 8. Procedures for testing. 9. Procedures for maintaining record documents. PART 2 PRODUCTS Not Used 2685-96 01039-1 PART 3 EXECUTION Not Used END OF SECTION 2685-96 01039-2 SECTION 01090 REFERENCE STANDARDS PART1 GENERAL 1.1 SECTION INCLUDES A. Quality assurance. B. Schedule of references. 1.2 RELATED SECTIONS A. Owner's General Conditions. 1.3 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date for receiving bids. C. Obtain copies of standards when required by Contract Documents. 1.4 SCHEDULE OF REFERENCES ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 TNRCC Texas Natural Resource Conservation Commission Box 13087 Austin, Texas 78711-3087 PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 2685-96 . 01090-1 C 1 SECTION 01300 .., SUBMITTALS PART1 GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Resubmittal requirements. C. Construction progress schedules. D. Proposed products list. E. Shop drawings. F. Product data. G. Manufacturers' instructions. H. Manufacturers' certificates. I. Contractor's Asbestos Certification. 1.2 RELATED SECTIONS A. Owner's General Conditions B. Section 01400 - Quality Control: Manufacturers' field services and reports. C. Section 01700 - Contract Closeout: Contract warranty, mann-facturer's certificates and closeout submittals. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. C. Apply Contractor's stamp, signets or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. D. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. F. Provide space for Contractor and Engineer review stamps. G. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required identifying all changes made since previous submittal and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. i" �•• 2685-96 01300-1 1.5 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date established in Notice to Proceed for Engineer review. B. Revise and resubmit as required. C. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates. 1.6 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.7 SHOP DRAWINGS A. Submit in a reproducible form. B. Submit the number of reproductions which Contractor requires, plus three copies which will be retained by Engineer. C. Drawing size shall be minimum 81h x 11 inches and maximum of 24 x 36 inches. 1.8 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. B. Mark each copy to identify applicable products, models, options, and other data. C. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. D. Include notation of special coordination requirements for interfacing with adjacent work. E. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.9 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, .assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.10 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. 2685-96 01300-2 _ 1.11 CONTRACTOR'S ASBESTOS CERTIFICATION A. Provide documentation that contractor is certified in the identification, handling, hauling and disposal of asbestos containing materials. Certification should be from federal and state agencies. B. Should contractor choose to utilize Sub-contractor(s) for the asbestos abatement, provide letter of agreement and certification for the Sub-contractor(s). C. Submit certification with bid proposal. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 2685-96 01300-3 r SECTION 01400 QUALITY CONTROL PART 1 GENERAL 1.1 SECTION INCLUDES A. Quality assurance and control of installation. B. Inspection and testing laboratory services. 1.2 RELATED SECTIONS A. Section 01090 - Reference Standards. B. Section 01300 - Submittals: Submission of Manufacturers' Instructions and Certificates. C. Section 01600 - Material and Equipment: Requirements for material and product quality. 1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control -over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Perform work by persons qualified to produce workmanship of specified quality. 1.4 INSPECTION AND TESTING LABORATORY SERVICES A. Owner will appoint, employ, and pay for services of an independent firm to perform inspection and testing as necessary during construction. B. The independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the Engineer. C. Reports will be submitted by the independent firm to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. Payment for retesting will be charged to the Contractor. PART 2 PRODUCTS Not Used �. 2685-96 01400-1 PART 3 EXECUTION Not Used END OF SECTION 2685-96 01400-2 7 i SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, water, and sanitary facilities. B. Temporary Controls: Barriers, water control, protection of the Work, and security. C. Construction Facilities: Progress cleaning and removal of utilities. 1.2 RELATED SECTIONS Section 01700 - Contract Closeout: Final cleaning. 1.3 TEMPORARY ELECTRICITY A. Provide temporary electric feeder from the existing electrical service as needed for Contractor's operations. B. Owner will pay cost of energy used. Exercise measures to conserve energy. C. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required by Contractor's operations. Provide flexible power cords as required. D. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electrical Code. 1.4 TEMPORARY WATER SERVICE A. Connect to existing water source for construction operations. B. Owner will pay cost of water used. Exercise measures to conserve water. 1.5 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. B. Permanent building facilities shall not be used during construction operations. Maintain daily in clean and sanitary condition. 1.6 BARRIERS allow for Owners use Provide barriers to revert unauthorized to constructionareas to P �Y of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. L 1.7 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. B. Protect site from puddling or running water. Provide water barriers as required to r protect site from soil erosion. I, 2685-96 01500-1 1.8 PROTECTION OF INSTALLED WORK Protect installed Work and provide special protection where specified in individual specification Sections. 1.9 SECURITY Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.10 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site and dispose of on existing working face, as directed by Owner, at intervals as required to maintain clean site. 1.11 REMOVAL OF UTILITIES 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 2685-96 01500-2 r L SECTION 01600 MATERIAL AND EQUIPMENT PART GENERAL 1.1 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. 1.2 RELATED SECTIONS A. Section 01400 - Quality Control: Product quality monitoring. 1.3 PRODUCTS Products mean new material, components, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction process. B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off-site storage and protection when site does not permit on-site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Provide cover to stockpile to prevent windblown contaminants from mixing with 2685-96 01600-1 t the stockpile. Granular materials shall not be stored on bare ground or asphalt surfaces. C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.5 PRODUCT OPTIONS Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 2685-96 01600-2 SECTION 01650 FACILITY START-UP AND COMMISSIONING PART 1 GENERAL 1.1 SECTION INCLUDES 4 A. Starting systems. B. Demonstration and instructions. C. Testing, adjusting, and balancing. i ,., 1.2 RELATED SECTIONS A. Section 01700 - Contract Closeout: System operation and maintenance data and extra materials. 1.3 STARTING SYSTEMS r` A. Submit a written report that equipment or system has been properly installed and is functioning correctly. 1.4 DEMONSTRATION AND INSTRUCTIONS A. Demonstrate operation and maintenance of Products to Owner's personnel two weeks prior to date of Substantial Completion. B. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owners' personnel in detail to explain all aspects of operation and maintenance. C. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. PART 2 PRODUCTS r Not Used 1 l.. PART 3 EXECUTION Not Used END OF SECTION PM i r 1. .. 2685-96 01650-1 SECTION 01700 CONTRACT CLOSEOUT PART1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Project record documents. D. Warranties. 1.2 RELATED SECTIONS Section 01500 - Construction Facilities and Temporary Controls: Progress cleaning. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. ._ 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. Dispose of on working face as directed by the Owner. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Submit documents to Engineer with claim for final Application for Payment. 7 2685-96 01700-1 1.6 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Submit prior to final Application for Payment. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 2685-96 01700-2 r 7 SECTION 02146 PERMANENT METHANE VENTS PART1 GENERAL 1.1 DESCRIPTION These specifications describe the construction of methane vents in an existing solid waste landfill. The new vents will be drilled at the specific site location designated on the plans. Vent installation shall be performed by a qualified, licensed monitor -well driller, experienced specifically in the installation of landfill methane wells and/or vents. From available data, it is estimated that the boring depth of each new vent will be 70 t feet and that each vent will require 45± feet of well screen. See. Appendix B, Project Drawings for planned dimensions for vents. 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. D. Turbine vents. 1.3 SPECIAL WASTE r.. A. Note, the cell in which the vents are to be installed is a pre -Subtitle D cell (i.e., i 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 rOSHA worker safety rules in dealing with this material. PART 2 PRODUCTS 2.1 CASING MATERIAL A. Polyethylene (PE) Pipe 1. ASTM D 1248, Type III, Class C, Grade P-34, Category 5. 2. PPI rating of PE -3408. 3. Cell Classification: ASTM D 3350, 345434C. 4. Hydrostatic Design Basis shall not be less than 1600 psi (11.03 MPA) as per ASTM D 2837. 5. Minimum Standard Dimension Ratio (SDR): 17. B. Fiber Reinforced Plastic (FRP) Pipe 1. ASTM D 2996 and ASTM D 2310, Type 1, Grade 1 and Class F cell limits. 2.2 CASING MATERIAL FITTINGS A. Polyethylene (PE) Pipe - Same type as casing material. .,, 2685-96 02146-1 E B. Fiber Reinforced Plastic (FRP) Pipe - Same type as casing material. 2.3 WELL SCREEN MATERIAL A. Polyethylene (PE) Pipe 1. ASTM D 1248, Type III, Class C, Grade P-34, Category 5. 2. PPI rating of PE -3408. 3. Cell Classification: ASTM D 3350, 345434C. 4. Hydrostatic Design Basis shall not be less than 1600 psi (11.03 MPA) as per ASTM D 2837. 5. Minimum Standard Dimension Ratio (SDR): 17. 6. Perforation: Minimum 1/4" wide slots, 6" to 8" in length, 12" on -center, minimum perforated area Z 10 times casing cross-sectional area. B. Fiber Reinforced Plastic (FRP) Pipe 1. ASTM D 2996 and ASTM D 2310, typed, graded and Class F cell limits. 2. Perforation: Minimum 1/4" wide slots, 6" to 8" in length, 12" on -center, minimum perforated area Z 10 times casing cross-sectional area. 2.4 FILTER PACK Filter pack for the wells shall be river -run washed gravel, meeting the following gradation - requirements: SIEVE % RETAINED 3" 2% 30% 1" 85% 1/2" 99% The gravel shall be composed of tough, durable particles which will not exhibit more than 18 percent loss in five cycles when the magnesium sulfate soundness test in ASTM C33 is performed. The gravel shall be washed with clean uncontaminated water at the source to remove fines prior to shipment to the site. 2.5 HYDRATED BENTONITE Place hydrated bentonite, at the thickness shown, on top of the gravel filter pack. Combine four (4) to five (5) pounds of bentonite powder, by weight, with 5.0 gallons of water. Water used in the mixture shall be free of oil and other organic material with dissolved minerals of less than 2,000 mg/1. 2.6 CLEAN SOIL BACKFILL Place clean native soil backfill, at the required depth, on top of hydrated bentonite. Soil will be free of roots, limbs, garbage, stones, etc. 2685-96 02146-2 D 2.7 SOIL/BENTONITE MIX Place soil/bentonite mixture, at the specified thickness, on top of the clean soil. Mix clean soil and bentonite at a ratio of 4:1 soil to bentonite up to the ground surface. Slope surface around vent 6 inches per foot away from vent. 2.8 TURBINE VENTS Provide a 6 -inch turbine vent as shown on the plans. Turbine vent shall be Clark United TV06G, or equal. PART 3 EXECUTION 3.1 DRILL CUTTINGS The methane vents for this project will be constructed in an existing landfill cell. Contractor will encounter a mixture of solid waste, at various stages of decomposition, and cover soil during the drilling process. Contractor will be required to remove all waste cuttings from the construction area, and haul them to the active working face of the landfill and deposit them as directed by the Owner. Due to the decomposition of the waste, odors are likely to be significant. Therefore, the Contractor will be required to control the odors by continuously hauling the cuttings to the working face, not allowing cuttings to accumulate at the construction area. All cuttings must be removed from the construction area and deposited on the working face daily before the landfill closes operations. This is typically 5:00 p.m., Monday through Friday. Coordinate with Owner for the placement of the cuttings at the end of each day so that they can be covered with the other waste received at the site. 3.2 METHANE VENT CONSTRUCTION A. Drilling Drill with equipment which is of sufficient size to drill the vents to the required depth and diameter. Drill and case each vent in a workmanlike manner. T'he variation in the plumbness of the vent shall not vary more than one-half of one degree from truly plumb at any point tested. Contractor to make checks of the hole while drilling is r... in progress to maintain the proper alignment and plumbness of the bore. y From the ground surface to bottom of each planned vent, the bore hole shall be ,., drilled not less than 36 inches in diameter. B. Drilling Log Immediately after completion of the drilling, the vent shall be cased, gravel pack treated, sealed and cleaned as specified herein. A careful log of each hole drilled shall be performed by the driller. Form 1 and Form 2 in Appendix B will be jointly completed by the driller and the Engineer. The driller shall cooperate with the Engineer in obtaining measurements for the forms. C. Casing The Contractor shall furnish and set all casing and well screen required for the r construction of the vent. The well screens shall be directly connected to the casing. t �- 2685-96 02146-3 The screen shall be of the length indicated in Appendix B, Project Drawings. The Engineer may adjust the well screen length installed during construction. Install casing plumb. Check casing alignment by lowering a 20 -foot section of PVC pipe, with an outside diameter 1/2" smaller than the inside diameter of the casing, into each casing. The 20 -foot section of pipe should move freely through the entire length of the casing. Correct the plumbness should the pipe not meet the above requirements. As soon as the casing has been set, cage the vent and record the caging data. D. Setting The solid casing and well screen shall be set as soon as drilling is completed and shall extend from the down hole interval shown on the drawings to approximately 48 -inches above the top of the surface. The casing shall be set truly vertical. Well casing and screen shall have approved centering devices spaced 120 degrees apart at intervals not exceeding 30 feet along the length of the screen and casing. E. Filter Pack As soon as the casing has been set, the space between the casing, screen and the wall of the vent shall be filled with the specified gravel by methods approved by the Engineer. The method shall be such that the gravel is uniformly placed around the casing and screen to the desired thickness. The process shall be continued until the gravel is one (1) foot above the well screen. A two -foot thickness of hydrated bentonite shall be placed on top of the gravel filter pack by methods approved by the Engineer. The bentonite thickness shown on the plans is the hydrated thickness. 3.3 TURBINE VENT Install turbine vent as per manufacturer's instructions and as shown on the Drawings. 3.4 CLEANING UP After completion and testing of the vent, 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 vent during drilling, so that the area is left in a neat condition. END OF SECTION 2685-96 . 02146-4 ■ ■ Form 1 Documentation of Well Construction Form 2 Monitor Well Data Sheet FORM 1 - VENT BOREI SITE NAME AND LOCATION TUM: Boring No. :CONSTRUCTION :I©G -IQAS VENTS FORM .2 VENT NUMBER, SURVEY DATA, SURFACE ELEV, VENT TYPE PASSIVE .. . .1 D:�MENSrONS�.. � ..::: ..........:.. ...................................................................................................... As 4' B1 t' 1' Co TURBINE VENT Do V EROSION LAYER 18" INFILTRATION r COVER C:LL LAYER El FiF G'1 = ___ :_ _ = SOIL/SENTONITE AUX Ht - = -- ==_= == CLEAN NATIVE SOIL BACKFILL ' ' 4 - _.:ter :_ _. HYDRATED BENTONITE V DIA. PE OR FRP PIPE AS SPECIFIED GRAVEL. FILTER PACK ((1 A//2L) RIVER—RUN BOTTOM OF CLL III **NOT TO SCALE** III.. CQNSTRUCT101+a1 NIOTE� I I APPENDIX B Project Drawings I A No Text