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C2017-203 - 1/31/2017 - Approved
2017-203 1/31/17 , • M2017-016 Tri Con Works LLC 00 52 23 AGREEMENT This Agreement,for the Project awarded on January 31,2017, is between the City of Corpus Christi (Owner)and Tri Con Works LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Cefe Valenzuela Landfill—Gas Collection and Control System Prosect No. E16289 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: SCS Engineers—Ryan Kuntz, P.E 1901 Central Drive,Suite 550 Bedford,Texas,76021 _ 2.02 - The Owner's Authorized-Representative-for this Project is: --- - — - Wayne Otto, P.E.—Acting Construction Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3=CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 203 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 233 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 00 52 23-1 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 INDEXED CERTIFICATE OF INTERESTED PARTIES FORM 125 1 of 1 Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-149165 Tri Con Works, LLC Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/28/2016 being filed, City of Corpus Christi Date Acknowledged: Aimee Alcorn-Reed v,u. 2017.02.27 17:38:07-06'00' 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. E16289 Gas Collection and Control System 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. 17.71 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. ` ¢ SARAH H SMITH My Commission Expires s, March 9. 2019 a of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said rutin NJ�'-�l l l S this the day of W 20 to certify which,witness my hand and seal of offi JAWtd�_ Sava h 1q. S re a su ignature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.277 CONTRACT DOCUMENTS FOR CONSTRUCTION OF CEFE VALENZUELA LANDFILL GAS COLLECTION AND CONTROL SYSTEM (GCCS PROJECT NUMBER E16289 —oo000000000000000000"00000000000a RYAN R.KUNTZ a0000 oa>000000000000v—eao>000000� o� tr�r(re City a1 Corpus Christi SCS Engineers 1901 Central Drive, Suite 550/13edford, TX/(817) 571-2288 November 1, 2016 Record Drawing Number SLR 135 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 01-13-2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience(Rev 06-22-2016) 00 52 23 Agreement(Rev 06-22-2016) 00 61 13 Performance Bond (Revo1-13-2016) 00 61 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements(Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Revo1-13-2016) 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for Funding Agency(NOT USED) Division 01 General Requirements 011100 Summary of Work(Revo1-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures(Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Revo1-13-2016) 01 31 00 Project Management and Coordination (Rev 01-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data Table of Contents 000100- 1 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Division/ Title Section 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 34 01 Buy American Provisions (ARRA) (NOT USED) 01 34 02 Buy American Certification (ARRA) (NOT USED) 01 34 03 Buy American Provisions (TWDB) (NOT USED) 01 34 04 Buy American Certification (TWDB) (NOT USED) 01 35 00 Special Procedures 014000 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part T Technical Specifications 02206 Cement Stabilized Sand 02222 Excavation,Trenching, Backfilling, and Grading 02271 Seed, Mulch, and Fertilizer 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 02670 LFG Extraction Wells and Wellheads 02830 Chain Link Fence and Gates 03300 Concrete 11200 Condensate Management System 15050 HDPE Pipe, Fittings, and Valves 15090 Equipment Installation and Startup END OF SECTION Table of Contents 000100-2 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1— DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Cefe Valenzuela Landfill—Gas Collection and Control System Prosect No. E16289 A. Description of Project: The Project is located completely within the property and permit boundary of the Cefe Valenzuela Landfill (referred herein as Landfill).The Landfill is located in Nueces County, 14 miles southwest of Corpus Christi's City Hall, at the intersection of Farm to Market 2444 and County Road 20. The Work included in the contract includes, but is not limited to,the following: 1. Supply, drilling and completion of 26 landfill gas (LFG)vertical extraction wells and installation of vertical wellheads; 2. Supply, installation, and testing of below-grade LFG header and lateral piping and valves, including connection to vertical LFG extraction wells; 3. Supply, installation, and testing of a condensate management system, including fabrication of condensate sumps; and supply and installation of pumps, condensate forcemain, air supply line, and associated valves; 4. Grading the blower/flare facility, installation of chain link fence and gates, placement of a 6-inch-thick layer of aggregate base within the fenced area, and construction of concrete slabs for the placement of the blower/flare skids, air compressor, and propane tank; 5. Installation and connection of Owner supplied flare and equipment skids, including electrical hook-up to an existing electrical service; 6. Supply and installation of an air compressor and associated equipment within the blower/flare facility; 7. Supply and installation of a propane tank, propane line, and associated equipment within the blower/flare facility; 8. Participation in 3-day system start-up demonstration and testing and one-day training session; and 9. Seeding,fertilizing, and mulching disturbed areas outside of waste limits. Invitation to Bid and Instructions to Bidders 002113- 1 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$1,526,000, including a $100,000 Allowance. The Project is to be substantially complete and ready for operation within 203 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than Wednesday, December 14, 2016 at 2:00 P.M. to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Cefe Valenzuela Landfill -Gas Collection and Control System, Project No. E16289 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at Wednesday. December 14, 2016 at 2:00 P.M., at the following location: City Hall Building— City of Corpus Christi First Floor City Council Staff Room or Council Chambers 1201 Leopard Street Invitation to Bid and Instructions to Bidders 002113-2 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4— PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday, November 29, 2016 at 10:30 A.M. at the following location: City Hall Building—Engineering Services Conference Room 1 or 2 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6— EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, Invitation to Bid and Instructions to Bidders 002113-3 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents,Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7— INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8— BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. Invitation to Bid and Instructions to Bidders 002113-4 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9— PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly Invitation to Bid and Instructions to Bidders 002113-5 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have Invitation to Bid and Instructions to Bidders 002113-6 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. Invitation to Bid and Instructions to Bidders 002113-7 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER's CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 7. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. Invitation to Bid and Instructions to Bidders 002113-8 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Invitation to Bid and Instructions to Bidders 002113-9 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113- 10 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents,this Bid Proposal is submitted by (type or print name of company) on: Wednesday, December 14, 2016 at 2:00 PM for E16289 Cefe Valenzuela Landfill —Gas Collection and Control System. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 003000- 1 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Drawings of physical conditions relating to existing surface at the Site; and B. Underground Facilities referenced on drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. Bid Acknowledgement Form 003000-2 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids, or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 203 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Bid Acknowledgement Form 003000-3 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 Paragraph 15.06 of the General Conditions within 233 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. Bid Acknowledgement Form 003000-4 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. Address for giving notices: Phone: Email: (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-5 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 00 30 01 BID FORM Project Name: Cefe Valenzuela Landfill -Gas Collection and Control System Project Number: E16289 Owner: City of Corpus Christi Bidder: OAR: SCS Engineers Designer: SCS Engineers Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 A2 Vertical LFG Extraction Wells (6-inch HDPE) VF 1,650 A3 Well Abandonment VF 300 A4 Trench Safety LF 1,050 A5 2-inch Dia. Vertical Wellheads EA 26 A6 2-inch HDPE SDR 9 Air Supply Line (Common Trench) LF 5,550 A7 2-inch HDPE SDR 11 Single-Contained Condensate LF 1,150 Forcemain (Common Lateral Trench) A8 3-inch HDPE SDR 11 Single-Contained Condensate LF 4,000 Forcemain (Common Header Trench) 3-inch HDPE SDR 11 Single-Contained Condensate A9 Forcemain (Seperate Trench) LF 200 A10 3-inch SDR 11 by 6-inch SDR 17 HDPE Dual-Contained LF 450 Condensate Forcemain (Common Trench) 3-inch SDR 11 by 6-inch SDR 17 HDPE Dual-Contained A11 LF 650 Condensate Forcemain (Separate Trench) Al2 6-inch HDPE SDR 17 Lateral Pipe LF 3,150 A13 8-inch HDPE SDR 17 Header Pipe LF 2,300 A14 18-inch HDPE SDR 17 Header Pipe LF 2,400 A15 24-inch HDPE SDR 17 Header Pipe LF 1,650 A16 24-inch HDPE SDR 26 Header Pipe LF 450 A17 2-inch Condensate Air Supply Isolation and Blow-off EA 5 Valve Assembly A18 3-inch Condensate Forcemain Isolation Valve Assembly EA 5 A19 8-inch Isolation Valve (Gear Operated) EA 1 A20 14-inch Isolation Valve (Gear Operated) EA 1 A21 18-inch Isolation Valve (Gear Operated) EA 2 A22 24-inch Isolation Valve (Gear Operated) EA 2 A23 18-inch Single-Contained Condensate Sump& Pump (CS- EA 1 4) Bid Form Page 1 of 2 Cefe Valenzuela Landfill-Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT 24-inch Single-Contained Condensate Sump& Pump (CS- A24 1, CS-2, and CS-3) EA 3 A25 12-inch CMP Road Crossing LF 155 A26 18-inch CMP Road Crossing LF 70 A27 36-inch CMP Road Crossing LF 70 A28 Installation of Blower/Flare and Compressor LS 1 A29 Blower/Flare Facility Site LS 1 Preparation/Grading/Foundations A30 Electrical Hook-up of Blower/Flare and Compressor LS 1 A31 Seeding, Mulch, and Fertilizer LS 1 15 HP Rotary Screw Air Compressor, Desiccant Dryer, A32 LS 1 Oil/Water Separator, Piping, and 12'x12' Cover A33 Chain Link Security Fence and Gates (Single-and Double- LS 1 Swing) A34 Propane Tank and Interconnecting Piping LS 1 SUBTOTAL PART A-GENERAL(Items Al thru A34) Part B-ALLOWANCES(per SECTION 0123 10 ALLOWANCES) B1 JAIlowance I LS I 1 1 $ 100,000.00 1 $ 100,000.00 SUBTOTAL PART B-ALLOWANCES (Item 131) $ 100,000.00 BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A34) SUBTOTAL PART B -ALLOWANCES (Item 131) $ 100,000.00 TOTAL PROJECT BASE BID (PARTS A AND B) Contract Times Bidder agrees to reach Substantial Completion in 1 203 Jdays Bidder agrees to reach Final Completion in 1 233 Jdays Bid Form Page 2 of 2 Cefe Valenzuela Landfill-Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ❑ Bidder(includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Compliance to State Law on Nonresident Bidders 003002- 1 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCTT7— PURCHASING DIVISION City off CITY OF CORPUS CHRISTI City DISCLOSURE OF INTEREST c�tr City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P.O.BOX: STREET ADDRESS: CITY: ZIP: - FIRM IS: 1. Corporation 82. Partnership B 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant City of Corpus Christi 003005-1 Disclosure of Interest Rev 01-13-2015 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: (-rrnc or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Cefe Valenzuela Landfill—Gas Collection and Control System Project No. E16289 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Non-Collusion Certification 003006- 1 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 11-25-2013 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of Statement of Experience 004516- 1 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience,education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. E. To be considered a responsible bidder, the General Contractor and Subcontractor(s) shall demonstrate that they have experience with the construction and installation of landfill gas collection and control systems at municipal solid waste(MSW)landfills. The Contractor shall have performed a minimum of 10 similar projects requiring the construction and installation of landfill gas (LFG) vertical extraction wells, blower and flare, below-grade LFG header and lateral piping, and condensate sumps and pumps. In the event that a Subcontractor(s) is conducting a portion of the work,the experience criteria is applicable to that role. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder,the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work,the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced,the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code,the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information,the following terms shall have the following meanings: Statement of Experience 004516-2 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 1. "Bidder" includes the firm, corporation, partnership, or other legal entity represented by the Bidder or anyone acting for such firm, corporation, partnership, or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations,fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders,final orders, and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major violations and moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code, Chapter 60.2 (c) (1) and (2). 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality (the "TCEQ"),the United States Environmental Protection Agency (the "EPA"), the U.S. Fish and Wildlife Service,the U.S. Army Corps of Engineers,the Texas Department of State Health Services,the Texas Parks and Wildlife Department,the Structural Pest Control Service, agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder,the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the past five (5)years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five (5) years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death, within the past ten (10)years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder.The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE,AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE-PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE S. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS.STATEMENT OF EXPERIENCE REQUIREMENTS 4.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 4.02 Provide a digital copy of the Statement of Experience in Portable Document Format(PDF) on a CD, portable drive, or other digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content of the printed copy of the Bid. When creating the digital copy: A. Create PDF documents from native format files. B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. Statement of Experience 004516-3 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience 004516-4 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: Business Address of Principal Office Telephone No. I Website Form of Business (check one) ❑ Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ❑ General ❑ Limited If an Individual Name Ownership of Organization List of companies,firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year Statement of Experience 004516-5 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of Experience 004516-6 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Table 2—Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Superintendent Safety Manager Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience 004516-7 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-8 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-9 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516- 10 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5)years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5)years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder, within the past ten (10)years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? ❑ Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? ❑Yes ❑ No 3 Does the Bidder have an active construction safety training program? ❑Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No ❑ N/A B. Excavation ❑ Yes ❑ No ❑ N/A C. Cranes& Hoists ❑ Yes ❑ No ❑ N/A D. Electrical ❑ Yes ❑ No ❑ N/A Statement of Experience 004516- 11 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: E. Fall Protection ❑ Yes ❑ No ❑ N/A F. Confined Spaces ❑ Yes ❑ No ❑ N/A G. Material Handling ❑ Yes ❑ No ❑ N/A H. Demolition ❑ Yes ❑ No ❑ N/A I. Steel Erection ❑ Yes ❑ No ❑ N/A J. Underground Construction ❑ Yes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System ("NAICS") Category 23 for each of the past five (5)years? Provide the ❑Yes ❑ No Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less? Provide the 6 Bidder's NCCI workers' compensation experience rating sheets for the past five (5) ❑Yes ❑ No years in a separate attachment. Has the Bidder had any OSHA inspections within the past six (6) months? Provide 7 documentation showing the nature of the inspection,the findings, and the ❑Yes ❑ No magnitude of the issues in a separate attachment if yes. Statement of Experience 004516- 12 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Table 5—Demonstrated Minority, MBE, DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/ MBE/ DBE Participation Policy Name Work to be Provided Estimated %of Contract Price Statement of Experience 004516- 13 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 ARTICLE 5—CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: (typed or printed) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Designated Representative: Name: Title: Address: Telephone No.: Email: END OF SECTION Statement of Experience 004516- 14 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 00 52 23 AGREEMENT This Agreement,for the Project awarded on [insert Award Date], is between the City of Corpus Christi (Owner) and (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Cefe Valenzuela Landfill—Gas Collection and Control System Project No. E16289 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: SCS Engineers—Ryan Kuntz, P.E 1901 Central Drive, Suite 550 Bedford,Texas, 76021 2.02 The Owner's Authorized Representative for this Project is: SCS Engineers 1901 Central Drive, Suite 550 Bedford,Texas, 76021 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 203 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 233 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties Agreement 005223- 1 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$2,000 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. Substantial completion is defined in Article 1.01 of SECTION 00 72 00 GENERAL CONDITIONS, and shall include complete installation for its intended use all extraction wells, pipe,fittings, and valves and associated connections, and all equipment, including but not limited to, pumps, compressor and incidentals, and Owner-supplied blower/flare equipment. Contractor shall have coordinated and completed the functional and validation tests for the blower/flare equipment in accordance with SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP prior to substantial completion. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$2,000 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of CAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; and 2. Underground Facilities referenced on drawings. E. The Contractor has considered the: 1. Information known to Contractor, 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods,techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Agreement 005223-4 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts,vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: Janet L. Kellogg Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax EMail END OF SECTION Agreement 005223-6 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address(principal place of business): Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Cefe Valenzuela Landfill —Gas Collection and Control System, Project No. Telephone (main number): E16289 Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Performance Bond 006113- 1 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address(principal place of business): Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Cefe Valenzuela Landfill —Gas Collection and Control System, Project No. Telephone (main number): E16289 Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Payment Bond Form 006116- 1 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev.01-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 Cefe Valenzuela Landfill—Gas Collection and Control System, Project No. E16289 Rev.01-13-2016 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................6 1.01 Defined Terms...............................................................................................................................6 1.02 Terminology................................................................................................................................11 Article 2—Preliminary Matters...................................................................................................................12 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................12 2.02 Copies of Documents..................................................................................................................13 2.03 Before Starting Construction ......................................................................................................13 2.04 Preconstruction Conference; Designation of Authorized Representatives................................13 Article 3—Contract Documents: Intent, Requirements, Reuse.................................................................13 3.01 Intent...........................................................................................................................................13 3.02 Reference Standards...................................................................................................................15 3.03 Reporting and Resolving Discrepancies......................................................................................15 3.04 Interpretation of the Contract Documents.................................................................................16 3.05 Reuse of Documents...................................................................................................................16 Article 4—Commencement and Progress of the Work..............................................................................16 4.01 Commencement of Contract Times; Notice to Proceed.............................................................16 4.02 Starting the Work........................................................................................................................16 4.03 Progress Schedule.......................................................................................................................17 4.04 Delays in Contractor's Progress..................................................................................................17 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................18 5.01 Availability of Lands....................................................................................................................18 5.02 Use of Site and Other Areas........................................................................................................18 5.03 Subsurface and Physical Conditions............................................................................................19 5.04 Differing Subsurface or Physical Conditions...............................................................................19 5.05 Underground Facilities................................................................................................................21 5.06 Hazardous Environmental Conditions at Site.............................................................................22 Article 6—Bonds and Insurance .................................................................................................................24 6.01 Performance, Payment, and Other Bonds..................................................................................24 6.02 Licensed Sureties ........................................................................................................................24 General Conditions 007200- 1 Corpus Christi Standards- Regular Projects 03-23-2015 6.03 Insurance.....................................................................................................................................25 Article 7—Contractor's Responsibilities.....................................................................................................25 7.01 Supervision and Superintendence..............................................................................................25 7.02 Labor; Working Hours.................................................................................................................25 7.03 Services, Materials, and Equipment ...........................................................................................26 7.04 Concerning Subcontractors, Suppliers, and Others....................................................................26 7.05 Patent Fees and Royalties...........................................................................................................27 7.06 Permits........................................................................................................................................28 7.07 Taxes...........................................................................................................................................28 7.08 Laws and Regulations..................................................................................................................28 7.09 Safety and Protection .................................................................................................................29 7.10 Safety Representative.................................................................................................................30 7.11 Hazard Communication Programs..............................................................................................30 7.12 Emergencies................................................................................................................................30 7.13 Contractor's General Warranty and Guarantee.........................................................................30 7.14 Indemnification...........................................................................................................................31 7.15 Delegation of Professional Design Services................................................................................32 Article 8—Other Work at the Site...............................................................................................................33 8.01 Other Work.................................................................................................................................33 8.02 Coordination...............................................................................................................................34 8.03 Legal Relationships......................................................................................................................34 Article 9—Owner's and OPT's Responsibilities...........................................................................................35 9.01 Communications to Contractor ..................................................................................................35 9.02 Replacement of Owner's Project Team Members......................................................................35 9.03 Furnish Data................................................................................................................................35 9.04 Pay When Due.............................................................................................................................35 9.05 Lands and Easements; Reports and Tests...................................................................................35 9.06 Insurance.....................................................................................................................................35 9.07 Modifications..............................................................................................................................35 9.08 Inspections,Tests, and Approvals...............................................................................................35 9.09 Limitations on OPT's Responsibilities .........................................................................................35 9.10 Undisclosed Hazardous Environmental Condition......................................................................36 9.11 Compliance with Safety Program................................................................................................36 General Conditions 007200-2 Corpus Christi Standards- Regular Projects 03-23-2015 Article 10—OAR's and Designer's Status During Construction ..................................................................36 10.01 Owner's Representative..........................................................................................................36 10.02 Visits to Site.............................................................................................................................36 10.03 Resident Project Representatives...........................................................................................36 10.04 Rejecting Defective Work........................................................................................................36 10.05 Shop Drawings, Modifications and Payments.........................................................................36 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................37 10.07 Limitations on OAR's and Designer's Authority and Responsibilities.....................................37 Article 11—Amending the Contract Documents; Changes in the Work ....................................................37 11.01 Amending and Supplementing the Contract Documents.......................................................37 11.02 Owner-Authorized Changes in the Work................................................................................38 11.03 Unauthorized Changes in the Work........................................................................................38 11.04 Change of Contract Price........................................................................................................39 11.05 Change of Contract Times.......................................................................................................40 11.06 Change Proposals....................................................................................................................40 11.07 Execution of Change Orders ...................................................................................................40 11.08 Notice to Surety......................................................................................................................41 Article12—Claims.......................................................................................................................................42 12.01 Claims......................................................................................................................................42 12.02 Claims Process.........................................................................................................................42 Article 13—Cost of the Work; Allowances; Unit Price Work......................................................................43 13.01 Cost of the Work.....................................................................................................................43 13.02 Allowances..............................................................................................................................46 13.03 Unit Price Work.......................................................................................................................46 13.04 Contingencies..........................................................................................................................47 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................47 14.01 Access to Work........................................................................................................................47 14.02 Tests, Inspections, and Approvals...........................................................................................47 14.03 Defective Work.......................................................................................................................48 14.04 Acceptance of Defective Work................................................................................................49 14.05 Uncovering Work....................................................................................................................49 14.06 Owner May Stop the Work.....................................................................................................49 14.07 Owner May Correct Defective Work.......................................................................................50 General Conditions 007200-3 Corpus Christi Standards- Regular Projects 03-23-2015 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period........................................50 15.01 Progress Payments..................................................................................................................50 15.02 Contractor's Warranty of Title................................................................................................52 15.03 Substantial Completion...........................................................................................................52 15.04 Partial Utilization.....................................................................................................................53 15.05 Final Inspection.......................................................................................................................53 15.06 Final Payment..........................................................................................................................53 15.07 Waiver of Claims.....................................................................................................................54 15.08 Correction Period....................................................................................................................54 Article 16—Suspension of Work and Termination.....................................................................................55 16.01 Owner May Suspend Work.....................................................................................................55 16.02 Owner May Terminate for Cause............................................................................................55 16.03 Owner May Terminate For Convenience................................................................................56 Article 17— Final Resolution of Disputes....................................................................................................57 17.01 Methods and Procedures........................................................................................................57 Article18—Miscellaneous..........................................................................................................................57 18.01 Computation of Times.............................................................................................................57 18.02 Owner's Right to Audit Contractor's Records.........................................................................57 18.03 Independent Contractor.........................................................................................................58 18.04 Cumulative Remedies .............................................................................................................58 18.05 Limitation of Damages............................................................................................................58 18.06 No Waiver...............................................................................................................................58 18.07 Severability..............................................................................................................................58 18.08 Survival of Obligations............................................................................................................59 18.09 No Third Party Beneficiaries ...................................................................................................59 18.10 Assignment of Contract...........................................................................................................59 18.11 No Waiver of Sovereign Immunity..........................................................................................59 18.12 Controlling Law.......................................................................................................................59 18.13 Conditions Precedent to Right to Sue.....................................................................................59 18.14 Waiver of Trial by Jury.............................................................................................................59 18.15 Attorney Fees..........................................................................................................................59 18.16 Compliance with Laws.............................................................................................................59 18.17 Enforcement............................................................................................................................60 General Conditions 007200-4 Corpus Christi Standards- Regular Projects 03-23-2015 18.18 Subject to Appropriation.........................................................................................................60 18.19 Contract Sum...........................................................................................................................60 18.20 Contractor's Guarantee as Additional Remedy......................................................................60 General Conditions 007200-5 Corpus Christi Standards- Regular Projects 03-23-2015 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined,terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement-The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment-The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents-The Bidding Requirements,the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements-The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. General Conditions 007200-6 Corpus Christi Standards- Regular Projects 03-23-2015 13. Change Proposal -A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; C. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim -A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern -Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products,wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act,42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; C. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract-The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents -Those items designated as Contract Documents in the Agreement. 20. Contract Price -The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. General Conditions 007200-7 Corpus Christi Standards- Regular Projects 03-23-2015 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and C. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team -Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective -When applied to Work, refers to Work that is unsatisfactory,faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to CAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer-The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings -The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract-The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. General Conditions 007200-8 Corpus Christi Standards- Regular Projects 03-23-2015 31. Indemnified Costs-All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations -Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens -Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification -Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award -The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee,the City Engineer(the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR-The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees- Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT-The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use- Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. General Conditions 007200-9 Corpus Christi Standards- Regular Projects 03-23-2015 43. Progress Schedule-A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein,the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples- Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site- Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications-The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions-The part of the Contract that amends or supplements the General Conditions. 56. Supplier-A manufacturer,fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data -Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; General Conditions 007200- 10 Corpus Christi Standards- Regular Projects 03-23-2015 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities-All underground pipelines, conduits, ducts, cables,wires, manholes,vaults,tanks,tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products,telephone or other communications,fiber optic transmissions, cable television, water,wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. General Conditions 007200- 11 Corpus Christi Standards- Regular Projects 03-23-2015 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. General Conditions 007200- 12 Corpus Christi Standards- Regular Projects 03-23-2015 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement and one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Before Starting Construction A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule; 2. Schedule of Documents; and 3. Schedule of Values and projected cash flow information. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions, Supplementary Conditions, and General Requirements (Division 01 Sections of the Specifications) apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract, Contractor represents: a. Contractor has studied the Contract Documents,the Work,the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; C. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and General Conditions 007200- 13 Corpus Christi Standards- Regular Projects 03-23-2015 d. Contractor has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. General Conditions 007200- 14 Corpus Christi Standards- Regular Projects 03-23-2015 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations,whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; C. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 3. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the General Conditions 007200- 15 Corpus Christi Standards- Regular Projects 03-23-2015 Contract Documents issued pursuant to Paragraph 11.01, except in an emergency as required by Paragraph 7.12. 4. Contractor is liable to the OPT for failure to report conflicts, errors, ambiguities, or discrepancies in the Contract Documents of which Contractor has actual knowledge. 5. Contractor is deemed to have included the most expensive item, system, procedure, etc. in the Contract Price if a conflict, error, ambiguity, or discrepancy in components of the Contract Documents was known, but not reported prior to submitting the Bid or when Contractor negotiates the Contract Price. 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual/administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. General Conditions 007200- 16 Corpus Christi Standards- Regular Projects 03-23-2015 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree. 4.04 Delays in Contractor's Progress A. Contractor is entitled to an equitable adjustment in the Contract Times if OPT directly delays, disrupts, or interferes with the performance or progress of the Work. The Contractor agrees to make no Claim for damages for delay in the performance of the Contract occasioned by an act or omission to act of the OPT and agrees that the extension of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor's Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D.1,for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of OPT or Contractor. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g.fires,floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8; and 3. Acts of war or terrorism. 4. Rain days in excess of the number of days allocated for rain as described in the Supplementary Conditions. E. Delays, disruption, and interference to the performance or progress of the Work resulting from the following are governed by Article 5: 1. The existence of a differing subsurface or physical condition; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and General Conditions 007200- 17 Corpus Christi Standards- Regular Projects 03-23-2015 3. Hazardous Environmental Conditions. These adjustments in Contract Times are the Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. F. Article 8 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. G. Notify the OAR immediately of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. H. Contractor is only entitled to an adjustment of the Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the Contractor to complete the Work within the Contract Times. No adjustments in Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. I. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the Contractor's Team. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner is to furnish the Site and inform the Contractor of encumbrances or restrictions known to Owner related to use of the Site with which Contractor must comply in performing the Work. B. Provide for additional lands and access Contractor requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Owner or Contractor has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume full responsibility for damage or injuries which result from the performance of the Work or from other actions or conduct of the Contractor's Team, including: a. Damage to the Site; b. Damage to adjacent areas used for Contractor's Team's operations; c. Damage to other adjacent land or areas; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 18 03-23-2015 d. Injuries and losses sustained by the owners or occupants of these lands or areas. 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the Contractor's Team: a. Take immediate corrective or remedial action as required by Paragraph 7.09; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site; 2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and 3. Technical Data contained in these reports and drawings. B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions. C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, or Contractor's safety precautions and programs; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Contractor's interpretation of or conclusions drawn from Technical Data or other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 19 03-23-2015 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. 2. Contractor is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of the subsurface or physical condition at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or c. Contractor failed to give notice as required by Paragraph 5.04.A. 3. Contractor may submit a Change Proposal no later than 30 days after OAR's issuance of the OPT's statement to Contractor regarding the subsurface or physical condition in question. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 20 03-23-2015 4. A Change Order is to be issued by the OAR if Owner and Contractor agree that Contractor is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown General Conditions Corpus Christi Standards - Regular Projects 00 72 00-21 03-23-2015 or indicated with reasonable accuracy. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. F. Contractor is not entitled an adjustment in the Contract Price or Contract Times with respect to an existing Underground Facility at the Site if: 1. Contractor knew of the existence of the existing Underground Facility at the Site at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; 2. The existence of the existing Underground Facility at the Site could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or 3. Contractor failed to give notice as required by Paragraph 5.05.B. G. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of adjustments in the Contract Price or Contract Times no later than 30 days after OAR's issuance of OPT's statement to Contractor regarding the Underground Facility. 5.06 Hazardous Environmental Conditions at Site A. The Supplementary Conditions identify: 1. Those reports and drawings known to OPT relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in these reports and drawings. B. Contractor may rely upon the accuracy of the Technical Data contained in reports and drawings relating to Hazardous Environmental Conditions identified in the Supplementary Conditions, but these reports and drawings are not Contract Documents. Except for the reliance on expressly identified Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of these reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor or Contractor's safety precautions and programs related to Hazardous Environmental Conditions; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Any Contractor interpretation of or conclusion drawn from Technical Data or other data, interpretations, opinions, or information. C. The results of tests performed on materials described in environmental reports specifically prepared for the Project and made available to Contractor are defined as Technical Data unless Technical Data has been defined more specifically in the Supplementary Conditions. D. Contractor is not responsible for removing or remediating Hazardous Environmental Conditions encountered, uncovered, or revealed at the Site unless this removal or General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 22 03-23-2015 remediation is expressly identified in the Contract Documents to be within the scope of the Work. E. Contractor is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by Contractor's Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to Contractor for associated costs if Contractor's Team creates a Hazardous Environmental Condition and Contractor does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. F. Immediately notify the OAR and take the following action if Contractor uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the Contractor's Team that was not created by the Contractor's Team: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the Contractor: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. 4. Owner may order the portion of the Work that is in the area affected by the Hazardous Environmental Condition to be deleted from the Work following the procedures in Article 11 if Contractor does not agree to: a. Resume the Work based on a reasonable belief it is unsafe; or b. Resume the Work under the special conditions provided by the OAR. 5. Owner may have this deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. G. Contractor may submit a Change Proposal or Owner may impose a set-off if an agreement is not reached within 10 days of OAR's notice regarding the resumption of Work as to whether Contractor is entitled to an adjustment in Contract Price or Contract Times or on the amount or extent of adjustments resulting from this Work stoppage or special conditions under which Contractor agrees to resume Work. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or a Hazardous Environmental Condition uncovered or revealed at the Site. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 23 03-23-2015 ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice, or take other action to claimants under the Payment Bond. G. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 if Contractor fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 24 03-23-2015 6.03 Insurance A. Obtain and maintain insurance as required in this Article and in SECTION 00 72 01 INSURANCE REQUIREMENTS. B. Deliver evidence of insurance in accordance with SECTION 00 72 01 INSURANCE REQUIREMENTS to the Owner to demonstrate that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Provide copies of these certificates to each named insured and additional insured as identified in the Supplementary Conditions or otherwise. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Supervise, inspect, and direct the performance of the Work in accordance with the Contract Documents. Contractor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. Provide a competent resident superintendent acceptable to the OPT. The resident superintendent or acceptable qualified assistant is to be present at all times when Work is being done. Do not replace this resident superintendent except under extraordinary circumstances. Provide a replacement resident superintendent equally competent to the previous resident superintendent if replacement is required. Notify the Owner prior to replacing the resident superintendent and obtain Owner's consent to the change in superintendent. 7.02 Labor; Working Hours A. Provide competent, suitably qualified personnel to survey and lay out the Work and perform Work to complete the Project. Maintain good discipline and order at the Site. B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. C. Do not perform Work on a Saturday, Sunday, or legal holiday without OAR's consent. The following legal holidays are observed by the Owner: Holiday Date Observed New Year's Day January 1 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 25 03-23-2015 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a Set-off in the Application for Payment for this cost per Paragraph 15.01.6 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Document. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. Contractor must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 30 days after receiving this list. D. Contractor is not required to retain Subcontractors, Suppliers, or other individuals or entities to furnish or perform part of the Work after the Effective Date of the Contract if Contractor has reasonable objection. E. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the Contractor. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require Contractor to retain specific replacements, subject to Contractor's reasonable objections. F. Contractor may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The Contractor is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any individual deemed unsuitable by the OPT. Notify OAR immediately if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 26 03-23-2015 days of Owner's notice to replace a Subcontractor, Supplier, or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. G. Owner's initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers' Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor's Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor's Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes, whether specified or selected by the Contractor, in the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 27 03-23-2015 B. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor's Bid is submitted or when Contractor negotiates the Contract Price. 7.07 Taxes A. Contractor is responsible for all taxes and duties arising out of the Work. The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any city or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. Contractor may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner's exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring Contractor's compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by Contractor that are contrary to Laws or Regulations. Contractor is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of changes in Laws or Regulations that may affect the cost or time of performance of the Work, including: 1. Changes in Laws or Regulations affecting procurement of permits; and 2. Sales, use, value-added, consumption, and other similar taxes which come into effect after Contractor's Bid is submitted or when Contractor negotiates the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 28 03-23-2015 D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes. 7.09 Safety and Protection A. Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.6 caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. F. Comply with the applicable requirements of the Owner's safety program if required to do so in the Supplementary Conditions. A copy of the Owner's safety program will be provided in the Bidding Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 29 03-23-2015 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury, or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor's warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor's warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor's obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor's obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections, tests, or approvals by others; or 7. Correction of Defective Work by Owner. D. The Contract Documents may require the Contractor to accept the assignment of a contract between the Owner and a contractor or supplier. The specific warranties, guarantees, and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 30 03-23-2015 correction obligations contained in an assigned contract govern with respect to Contractor's performance obligations to Owner for the Work described in an assigned contract. 7.14 Indemnification A. To THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES OR DISPUTE RESOLUTION COSTS, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK, VIOLATIONS OF LAWS OR REGULATIONS, OR BODILY INJURY, DEATH, OR DESTRUCTION OF TANGIBLE PROPERTY CAUSED BY THE ACTS OR OMISSIONS OF THE CONTRACTOR'S TEAM, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE CAUSED IN PART BY AN OWNER'S INDEMNITEE HEREUNDER, SUBJECT TO THE OWNER'S DEFENSES AND LIABILITY LIMITS UNDER THE TEXAS TORT CLAIMS ACT. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY AN OWNER'S INDEMNITEE AGAINST A CLAIM, LOSS, DAMAGE OR EXPENSE CAUSED BY THE (i) NEGLIGENCE OR FAULT, (II) BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD OR RULE, OR (III) THE BREACH OF CONTRACT BY AN OWNER'S INDEMNITEE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES EACH OF OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF AN OWNER'S INDEMNITEE. B. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS, ARISING OUT OF OR RELATING TO: (i) THE FAILURE TO CONTROL, CONTAIN, OR REMOVE A CONSTITUENT OF CONCERN BROUGHT TO THE SITE BY CONTRACTOR'S TEAM OR A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR'S TEAM, (II) CONTRACTOR'S TEAM'S ACTION OR INACTION RELATED TO DAMAGES, DELAYS, DISRUPTIONS, OR INTERFERENCE WITH THE WORK OF OWNER'S EMPLOYEES, OTHER CONTRACTORS, OR UTILITY OWNERS PERFORMING OTHER WORK AT OR ADJACENT TO THE SITE, OR (III) THE CORRECTION OF DEFECTIVE WORK. NOTHING IN THIS PARAGRAPH OBLIGATES THE CONTRACTOR TO INDEMNIFY THE OWNER'S INDEMNITEES FROM THE CONSEQUENCES OF THE OWNER'S AND OWNER'S INDEMNITEES OWN NEGLIGENCE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES THE OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF OWNER'S INDEMNITEES. C. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS RESULTING FROM INFRINGEMENT ON PATENT RIGHTS OR COPYRIGHTS BY CONTRACTOR'S TEAM TO THE FULLEST EXTENT PERMITTED BY LAW. D. The indemnification obligations under this paragraph are not limited by the amount or type of damages, compensation, or benefits payable by or for members of the Contractor's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner's Indemnitees by an employee or the survivor or personal representative of employee of Contractor's Team. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-31 03-23-2015 E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner's Indemnitees from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner's Indemnitees do not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10 -day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the Contractor and pay related costs, unless Owner decides otherwise. Contractor's counsel must be acceptable to Owner. Control the defense and any negotiations to settle the claim. Advise Owner's Indemnitees as to its defense of the claim within 10 days after being notified of the indemnification request. Owner's Indemnitees may assume and control the defense If Contractor does not assume the defense. Pay all defense expenses of the Owner's Indemnitees as an indemnified loss. 2. Owner's Indemnitees may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner's consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner's Indemnitees to comply with restrictions or limitations that adversely affect Owner's Indemnitees; b. Would require Owner's Indemnitees to pay amounts that Contractor does not fund in full; or c. Would not result in Owner and Owner's Indemnitees' full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 7.15 Delegation of Professional Design Services A. Contractor is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 32 03-23-2015 B. The Contract Documents specify performance and design criteria related to systems, materials, or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor's design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor's Work. This other work may be performed by Owner's employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor's Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor's Work. Contractor's General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 33 03-23-2015 failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT, other contractor, or utility owner: 1. Damages the Work or property of Contractor's Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor's ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner's contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors or utility owners if damages, delays, disruptions, or interference occur. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 34 03-23-2015 E. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 35 03-23-2015 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 36 03-23-2015 C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 37 03-23-2015 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer's approval must be made by a Change Order. A Change Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications ordered or documented by a Work Change Directive are to be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. Contractor must submit a Change Proposal seeking an adjustment of the Contract Price or the Contract Times no later than 30 days after the completion of the Work set out in the Work Change Directive if negotiations are unsuccessful under the terms of the Contract Documents governing adjustments, expressly including Paragraphs 11.04 and 11.05. 4. Field Order: Designer may require minor changes in the Work that do not change the Contract Price or Contract Times using a Field Order. OAR may issue a Field Order for non-technical, administrative issues. Submit a Change Proposal if Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times before proceeding with the Work described in the Field Order. B. Perform added or revised Work under the applicable provisions of the Contract Documents for the same or similar Work unless different Drawings, Specifications, or directions are provided in the Modification. 11.02 Owner -Authorized Changes in the Work A. Owner may order additions, deletions, or revisions in the Work at any time as recommended by the Designer to the extent the change: 1. Involves the design as described in the Contract Documents; 2. Involves acceptance of the Work; or 3. Involves other engineering, architectural or technical matters. B. These changes may be authorized by a Modification. Proceed with the Work involved or, in the case of a deletion in the Work, immediately cease construction activities with respect to the deleted Work upon receipt of the Modification. Nothing in this paragraph obligates the Contractor to undertake Work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor is not entitled to an increase in the Contract Price or an extension of the Contract Times with respect to Work performed that is not required by the Contract Documents, except in the case of an emergency as provided in Paragraph 7.12, or in the case of uncovering Work as provided in Paragraph 14.05. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 38 03-23-2015 B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 13.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 13.01 plus a Contractor's fee for overhead and profit determined as provided in Paragraph 11.04.D when the Work involved is not covered by unit prices in the Contract Documents or the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute. Owner may decrease the Work by up to 25 percent of the Contract Price without adjusting Contractor's fee. D. Contractor's Fee: Determine the Contractor's fee for overhead and profit as follows: 1. A mutually acceptable fixed fee; or 2. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2; b. The Contractor's fee is 5 percent for costs incurred under Paragraph 13.01.C.3; c. Fees are to be determined as follows where one or more tiers of subcontracts are used: 1) The Subcontractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; and 2) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor; d. No fee is payable on the basis of costs itemized under Paragraphs 13.01.C.4, and 13.01.D; e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 39 03-23-2015 3. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 11.04.D.2.a through 11.04.D.2.e, inclusive when both additions and credits are involved in any one change. 11.05 Change of Contract Times A. The Contract Times can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.04. 11.06 Change Proposals A. Submit a Change Proposal to the OAR to: 1. Request an adjustment in the Contract Price or Contract Times; 2. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 3. Contest a set-off against payment due; or 4. Seek other relief under the Contract Documents. B. Notify the OAR immediately if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. Submit the following as part of the Change Proposal: 1. Any proposed change in Contract Price, Contract Times, or other relief, accompanied by a statement that the requested Change Order is the entire adjustment to which Contractor believes it is entitled; 2. The reason for the proposed change; and 3. Supporting data, accompanied by a statement that the supporting data is accurate and complete. C. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor's supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 12. 11.07 Execution of Change Orders A. Owner and Contractor are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times which are agreed to by Owner and Contractor, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 40 03-23-2015 2. Changes in Contract Price resulting from Owner set -offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, b. Required because Defective Work was accepted under Paragraph 14.04 or Owner's correction of Defective Work under Paragraph 14.07, or c. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 12. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay, or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor's agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor's submission by Owner constitutes neither acceptance nor approval of a Bid, nor a warranty that the Bid will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. A Change Order is deemed to be in full force as if executed by Contractor if the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07. 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents, or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-41 03-23-2015 ARTICLE 12 — CLAIMS 12.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. A demand or assertion by Owner to Contractor, submitted in accordance with the requirements of the Contract Documents: a. Seeking an adjustment of Contract Price or Contract Times; b. Contesting an initial decision by Designer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Contesting Designer's decision regarding a Change Proposal; d. Seeking resolution of a contractual issue that OAR has declined to address; or e. Seeking other relief with respect to the terms of the Contract. 2. A demand or assertion by Contractor to Owner, submitted in accordance with the requirements of the Contract Documents: a. Contesting OPT's decision regarding a Change Proposal; or b. Seeking resolution of a contractual issue that OPT has declined to address. 12.02 Claims Process A. Claims must be initiated by written notice. B. Claims by Contractor must be in writing and delivered to the Owner, Designer, and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. C. Claims by Owner must be submitted by written notice to Contractor. D. The responsibility to substantiate a Claim rests with the entity making the Claim. E. In the case of a Claim by Contractor seeking an increase in the Contract Price or Contract Times, Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. F. The entity receiving a Claim is to review the Claim giving full consideration to its merits. The Owner and Contractor are to seek to resolve the Claim through the exchange of information and direct negotiations. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of actions taken on a Claim. G. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after initiation of a Claim. 1. The agreement to mediate suspends the Claim submittal and response process. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 42 03-23-2015 2. Owner or Contractor may unilaterally terminate the mediation process after 60 days from the agreement to mediate and resume the Claim submittal and decision process as of the date of the termination. The Claim process resumes as of the date of the conclusion of the mediation, as determined by the mediator, if the mediation is unsuccessful in resolving the dispute. 3. Owner and Contractor are to each pay one-half of the mediator's fees and costs. H. If the entity receiving a Claim approves the Claim in part or denies it in part, this action is final and binding unless the other entity invokes the procedure described in Article 17 for final resolution of disputes within 30 days of this action. I. Notify the OAR if efforts to resolve the Claim are not successful, and the Claim is denied. A denial of the Claim is final and binding unless the other entity invokes the procedure described in Article 17 for the final resolution of disputes within 30 days of the denial. J. The results of the agreement or action on the Claim is to be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents, the Contract Price, or the Contract Times if the Owner and Contractor reach a mutual agreement regarding a Claim. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 13.01, except those excluded in Paragraph 13.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus, time -and -materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor's employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 13.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 43 03-23-2015 2) Unemployment, 3) Excise and payroll taxes, 4) Workers' compensation, 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers' field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining, with the OPT, which bids are acceptable. The Subcontractor's Cost of the Work and fee are determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; c. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of Contractor, less their market value when Work is completed; d. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 44 03-23-2015 e. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; f. Deposits lost for causes other than negligence of Contractor's Team; g. Royalty payments and fees for permits and licenses; h. Cost of additional utilities, fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work; and j. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.C.1 or specifically covered by Paragraph 13.01.C.4. These administrative costs are covered by the Contractor's fee. 2. Office expenses other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor's Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner's Indemnitees. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 13.01.C. E. The Contractor's fee is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis. 2. In accordance with Paragraph 11.04.0 for Work covered by a Modification determined on the basis of Cost of the Work. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 45 03-23-2015 data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 13.01. 13.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 13.02.6.1 and 13.02.6.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 13.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 13.03.E. E. Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price within 30 days of OAR's decision under Paragraph 13.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Agreement; 2. There is no corresponding adjustment with respect to other items of Work; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 46 03-23-2015 3. Contractor believes it has incurred additional expense as a result of this condition or if Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 13.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Agreement. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 13.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Agreement. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor's safety procedures and programs as part of providing safe access. 14.02 Tests, Inspections, and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 47 03-23-2015 with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work; 6. For re -inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 14.03 Defective Work A. It is Contractor's obligation to assure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. F. Pay claims, costs, losses, and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 48 03-23-2015 14.04 Acceptance of Defective Work A. Owner may elect to accept Defective Work instead of requiring correction or removal and replacement of Defective Work provided: 1. This acceptance occurs prior to final payment; 2. Designer confirms that the Defective Work is in general accordance with the design intent and applicable engineering or architectural principles; and 3. Designer confirms that acceptance of the Defective Work does not endanger public health or safety. B. Owner may impose a reasonable set-off against payments due under Article 15 for costs associated with OPT's evaluation of Defective Work to determine if it can be accepted and to determine the diminished value of the Work. Owner may impose a reasonable set-off against payments due under Article 15 if the parties are unable to agree as to the decrease in the Contract Price to compensate Owner for the diminished value of Defective Work accepted. OAR is to issue a Modification for acceptance of the Defective Work prior to final payment. Pay an appropriate amount to Owner if the acceptance of Defective Work occurs after final payment. 14.05 Uncovering Work A. OPT has the authority to require inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OPT's observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless Contractor has given OAR timely notice of Contractor's intention to cover the Work and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OPT considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or replacement of work of others if it is found that the uncovered Work is Defective. 2. Submit a Change Proposal for an increase in the Contract Price or an extension of the Contract Times directly attributable to this uncovering, exposure, observation, inspection, testing, and reconstruction if the uncovered Work is found to be not Defective. 14.06 Owner May Stop the Work A. Owner may order Contractor to stop the Work if: 1. The Work is Defective; 2. Contractor fails to supply sufficient skilled workers or suitable materials or equipment; or General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 49 03-23-2015 3. Contractor performs Work that may fail to conform to the Contract Documents when completed. This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner's right to stop the Work does not create a duty to exercise this right for the benefit of Contractor's Team or surety. 14.07 Owner May Correct Defective Work A. Owner may remedy the following deficiencies after 7 days' notice to Contractor if: 1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by OPT; 2. Contractor fails to perform the Work in accordance with the Contract Documents; or 3. Contractor fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude Contractor from the Site; 2. Take possession of the Work and suspend Contractor's services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OPT access to the Site and off Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 14.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 are to be charged against Contractor as a set-off against payments due under Article 15. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's Defective Work. E. Contractor is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Progress payments are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in the Contract Documents. 1. Progress payments for lump sum Work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 2.03. Final payment will be for the total lump sum amount. 2. Progress payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 13.03. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 50 03-23-2015 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 13.01, 13.02 and 13.04 are to be paid for Work completed by Contractor during the pay period. B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses, or damages incurred by Owner related to: 1) Contractor's conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) Contractor's failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; c. Work is Defective, or completed Work has been damaged by Contractor's Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 14.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by Contractor justifying a termination for cause; Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; g. i. Owner has been notified of failure to make payments to Subcontractors, Suppliers, or Employees; Failure to submit up-to-date record documents as required by the Contract Documents; k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; I. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide Certified Payroll required by the Contract Documents; n. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re -inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; J• General Conditions Corpus Christi Standards - Regular Projects 00 72 00-51 03-23-2015 o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; q• Other items entitling Owner to a set-off against the amount recommended; or r. Payment would result in an over -payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 15.03 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request a Certificate of Substantial Completion. B. OPT is to inspect the Work after Contractor's notification to determine if the Work is substantially complete. OAR is to either issue the Certificate of Substantial Completion which sets the date of Substantial Completion or notify Contractor of the reasons the Project is not considered to be substantially complete. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 52 03-23-2015 C. The OPT and Contractor are to meet to discuss Owner's use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the Contractor's coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; 2. Owner's assumption of responsibility for security, operation, protection of the Work, maintenance, and utilities upon Owner's use or occupancy of the Work; 3. Contractor's obligations for operations and maintenance during performance and acceptance testing; 4. Contractor's access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1 -year correction period. 15.04 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 15.03 for this part of the Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 15.05 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted under Paragraph 15.04 is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 15.06 Final Payment A. Make Application for Final Payment after completing required corrections identified during the final inspection and delivering items and documents required by the Contract Documents. Provide the following with the final Application for Payment: 1. Consent of Surety to Final Payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the final Application for Payment to Owner if OPT is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled or notify the Contractor of the OPT's reasons for not recommending final payment. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 53 03-23-2015 C. The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the OAR's recommendation of payment of the final Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the final Application for Payment and accompanying documentation from the OAR. 15.07 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection pursuant to Paragraph 15.05; 3. Contractor's failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. Contractor's continuing obligations under the Contract Documents. B. Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of Article 17 and specifically noted in the Certificate of Final Completion. 15.08 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or longer periods of time prescribed by the terms of the Contract Documents. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 15.08.A and 15.08.6 corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. D. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or systems are placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 15.08.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 15.08. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 54 03-23-2015 G. Contractor's obligations under this Paragraph 15.08 are in addition to other obligations or warranties. The provisions of this Paragraph 15.08 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor's creditors, or e. A receiver is appointed on account of Contractor's insolvency; 5. Contractor's disregard of Laws or Regulations of public bodies having jurisdiction; or 6. Contractor's repeated disregard of the authority of OPT. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 16.02.A.4. Owner may terminate this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR's request for this information. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 55 03-23-2015 C. Owner may declare Contractor to be in default, give notice to Contractor and surety that the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days' notice that one or more of the events identified in Paragraph 16.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated the Contract for cause. E. Owner may elect not to proceed with termination of the Contract under this Paragraph 16.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 16.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. This cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Claims, costs, losses, and damages incurred by Owner are to be reviewed as to their reasonableness and incorporated in a Change Order by OAR. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. 16.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 11.04.D.; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 56 03-23-2015 ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. The Owner or Contractor may appeal a Claim, approved or denied in part or in full, by: 1. Electing to invoke the dispute resolution process if one is provided for in the Supplementary Conditions; 2. Agreeing with the other party to submit the dispute to a dispute resolution process; or 3. Notifying the other party of the intent to submit the dispute to a court of competent jurisdiction if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to. ARTICLE 18 — MISCELLANEOUS 18.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Saturday, Sunday, or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 18.02 Owner's Right to Audit Contractor's Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents. The audit, examination or inspection may be performed by an Owner designee, which may include its internal auditors or an outside representative engaged by Owner. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Contract, unless there is an ongoing dispute under the Contract, then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "Contractor written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Example of Contractor written and electronically stores records include, but are not limited to: accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondences, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 57 03-23-2015 have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. B. Owner agrees to exercise the right to audit, examine or inspect Contractor's records only during regular business hours. Contractor agrees to allow Owner and/or Owner's designee access to all of the Contractor's Records, Contractor's facilities and current or former employees of Contractor, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. Contractor must include this Section in any Subcontractor, supplier or vendor contract. 18.03 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor's Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor's Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership, or formal business organization of any kind. 18.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 18.03 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.05 Limitation of Damages A. Owner's Indemnitees are not liable to Contractor for claims, costs, losses, or damages sustained by Contractor's Team associated with other projects or anticipated projects. 18.06 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision, affect the enforceability of that provision, or the enforceability of the remainder of this Contract. 18.07 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 58 03-23-2015 18.08 Survival of Obligations A. Representations, indemnifications, warranties, guarantees, and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. 18.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 18.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the consent of the Owner. 18.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. 18.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 18.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary, Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 18.14 Waiver of Trial by Jury A. Owner and Contractor agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 18.15 Attorney Fees A. The Parties expressly agree that, in the event of litigation, all parties waive rights to payment of attorneys' fees that otherwise might be recoverable, pursuant to the Texas Civil Practice and Remedies Code Chapter 38, Texas Local Government Code §271.153, the Prompt Payment Act, common law or any other provision for payment of attorney's fees. 18.16 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 59 03-23-2015 B. Comply with all applicable federal, state, and city laws, rules and regulations. 18.17 Enforcement A. The City Manager or designee and the City Attorney or designee, are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 18.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason funds are not appropriated in any given year, the Owner may direct immediate suspension or termination of the Contract, with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 18.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total maximum not -to -exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the Corpus Christi City Council. If funds are not available and/or appropriated, this Contract shall immediately be terminated with no liability to any party to this Contract. 18.20 Contractor's Guarantee as Additional Remedy A. The Contractor's guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the Owner for any claims or causes of action against the Contractor or any other individual or entity. END OF SECTION General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 60 03-23-2015 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1— INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises — Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate Business Automobile Liability - Owned, Non -Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability Required if Contract Price > $5,000,000 $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation > 3 ft $1,000,000 Per Claim X Required • Not Required Builder's Risk (All Perils including Collapse) Required for vertical structures and bridges Equal to Full Replacement Cost of Structure and Contents • Required X Not Required Installation Floater Required if installing city -owned equipment Equal to Contract Price X Required • Not Required Insurance Requirements Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007201-1 Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A -VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 00 72 01- 2 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 00 72 01- 3 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first -dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third -party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements 00 72 01- 4 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 00 72 01- 5 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner -furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 00 72 01- 6 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2 — EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of "Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01- 7 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi — Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3 — TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. 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. 2. 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. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements 00 72 01- 8 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 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. B. 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. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. 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. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. 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 2. 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. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. 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. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. 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; Insurance Requirements 00 72 01- 9 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 2. 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; 3. 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; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. 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; 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 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 7. 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. J. 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 workers' 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. K. 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. END OF SECTION Insurance Requirements 00 72 01- 10 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 00 72 02 WAGE RATE REQUIREMENTS ARTICLE 1— PREVAILING WAGE RATE REQUIREMENTS 1.01 PAYMENT OF PREVAILING WAGE RATES A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. Contractor is required to pay Davis -Bacon Wage Rates. 1.02 RECORDS A. In accordance with Tex. Gov't Code §2258.024, the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 1.03 LIABILITY; PENALTY; CRIMINAL OFFENSE A. Tex. Gov't Code §2258.003 — Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov't Code §2258.053(b) — Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed or each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov't Code §2258.058 — Criminal Offense: 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov't Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or c. Both a fine and confinement. 1.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Rate Requirements Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007202-1 REV 06-12-2015 Wage Determination Construction Type Project Type (WD) No TX -31 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) GENERAL DECISION NUMBER: TX160031 01/08/2016 TX31 SUPERSEDED GENERAL DECISION NUMBER: TX20150031 STATE: TEXAS CONSTRUCTION TYPE: HEAVY COUNTIES: NUECES AND SAN PATRICIO COUNTIES IN TEXAS. HEAVY CONSTRUCTION PROJECTS (INCLUDING SEWER AND WATER LINE CONSTRUCTION AND DRAINAGE PROJECTS) NOTE: UNDER EXECUTIVE ORDER (EO) 13658, AN HOURLY MINIMUM WAGE OF $10.15 FOR CALENDAR YEAR 2016 APPLIES TO ALL CONTRACTS SUBJECT TO THE DAVIS-BACON ACT FOR WHICH THE SOLICITATION WAS ISSUED ON OR AFTER JANUARY 1, 2015. IF THIS CONTRACT IS COVERED BY THE EO, THE CONTRACTOR MUST PAY ALL WORKERS IN ANY CLASSIFICATION LISTED ON THIS WAGE DETERMINATION AT LEAST $10.15 (OR THE APPLICABLE WAGE RATE LISTED ON THIS WAGE DETERMINATION, IF IT IS HIGHER) FOR ALL HOURS SPENT PERFORMING ON THE CONTRACT IN CALENDAR YEAR 2016. THE EO MINIMUM WAGE RATE WILL BE ADJUSTED ANNUALLY. ADDITIONAL INFORMATION ON CONTRACTOR REQUIREMENTS AND WORKER PROTECTIONS UNDER THE EO IS AVAILABLE AT WWW.DOL.GOV/WHD/GOVCONTRACTS. MODIFICATION NUMBER PUBLICATION DATE 0 01/08/2016 * SUTX1987-001 12/01/1987 RATES FRINGES CARPENTER (EXCLUDING FORM SETTING) $ 9.05 CONCRETE FINISHER $ 7.56 ELECTRICIAN $ 13.37 2.58 LABORERS: COMMON $ 7.25 Wage Rate Requirements Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007202-2 REV 06-12-2015 UTILITY $ 7.68 POWER EQUIPMENT OPERATORS: BACKHOE MOTOR GRADER $ 9.21 $ 8.72 WELDERS - RECEIVE RATE PRESCRIBED FOR CRAFT PERFORMING OPERATION TO WHICH WELDING IS INCIDENTAL. UNLISTED CLASSIFICATIONS NEEDED FOR WORK NOT INCLUDED WITHIN THE SCOPE OF THE CLASSIFICATIONS LISTED MAY BE ADDED AFTER AWARD ONLY AS PROVIDED IN THE LABOR STANDARDS CONTRACT CLAUSES (29CFR 5.5 (A) (1) (II)). THE BODY OF EACH WAGE DETERMINATION LISTS THE CLASSIFICATION AND WAGE RATES THAT HAVE BEEN FOUND TO BE PREVAILING FOR THE CITED TYPE(S) OF CONSTRUCTION IN THE AREA COVERED BY THE WAGE DETERMINATION. THE CLASSIFICATIONS ARE LISTED IN ALPHABETICAL ORDER OF "IDENTIFIERS" THAT INDICATE WHETHER THE PARTICULAR RATE IS A UNION RATE (CURRENT UNION NEGOTIATED RATE FOR LOCAL), A SURVEY RATE (WEIGHTED AVERAGE RATE) OR A UNION AVERAGE RATE (WEIGHTED UNION AVERAGE RATE). UNION RATE IDENTIFIERS A FOUR LETTER CLASSIFICATION ABBREVIATION IDENTIFIER ENCLOSED IN DOTTED LINES BEGINNING WITH CHARACTERS OTHER THAN "SU" OR "UAVG" DENOTES THAT THE UNION CLASSIFICATION AND RATE WERE PREVAILING FOR THAT CLASSIFICATION IN THE SURVEY. EXAMPLE: PLUM0198-005 07/01/2014. PLUM IS AN ABBREVIATION IDENTIFIER OF THE UNION WHICH PREVAILED IN THE SURVEY FOR THIS CLASSIFICATION, WHICH IN THIS EXAMPLE WOULD BE PLUMBERS. 0198 INDICATES THE LOCAL UNION NUMBER OR DISTRICT COUNCIL NUMBER WHERE APPLICABLE, I.E., PLUMBERS LOCAL 0198. THE NEXT NUMBER, 005 IN THE EXAMPLE, IS AN INTERNAL NUMBER USED IN PROCESSING THE WAGE DETERMINATION. 07/01/2014 IS THE EFFECTIVE DATE OF THE MOST CURRENT NEGOTIATED RATE, WHICH IN THIS EXAMPLE IS JULY 1, 2014. UNION PREVAILING WAGE RATES ARE UPDATED TO REFLECT ALL RATE CHANGES IN THE COLLECTIVE BARGAINING AGREEMENT (CBA) GOVERNING THIS CLASSIFICATION AND RATE. SURVEY RATE IDENTIFIERS Wage Rate Requirements Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007202-3 REV 06-12-2015 CLASSIFICATIONS LISTED UNDER THE "SU" IDENTIFIER INDICATE THAT NO ONE RATE PREVAILED FOR THIS CLASSIFICATION IN THE SURVEY AND THE PUBLISHED RATE IS DERIVED BY COMPUTING A WEIGHTED AVERAGE RATE BASED ON ALL THE RATES REPORTED IN THE SURVEY FOR THAT CLASSIFICATION. AS THIS WEIGHTED AVERAGE RATE INCLUDES ALL RATES REPORTED IN THE SURVEY, IT MAY INCLUDE BOTH UNION AND NON-UNION RATES. EXAMPLE: SULA2012-007 5/13/2014. SU INDICATES THE RATES ARE SURVEY RATES BASED ON A WEIGHTED AVERAGE CALCULATION OF RATES AND ARE NOT MAJORITY RATES. LA INDICATES THE STATE OF LOUISIANA. 2012 IS THE YEAR OF SURVEY ON WHICH THESE CLASSIFICATIONS AND RATES ARE BASED. THE NEXT NUMBER, 007 IN THE EXAMPLE, IS AN INTERNAL NUMBER USED IN PRODUCING THE WAGE DETERMINATION. 5/13/2014 INDICATES THE SURVEY COMPLETION DATE FOR THE CLASSIFICATIONS AND RATES UNDER THAT IDENTIFIER. SURVEY WAGE RATES ARE NOT UPDATED AND REMAIN IN EFFECT UNTIL A NEW SURVEY IS CONDUCTED. UNION AVERAGE RATE IDENTIFIERS CLASSIFICATION(S) LISTED UNDER THE UAVG IDENTIFIER INDICATE THAT NO SINGLE MAJORITY RATE PREVAILED FOR THOSE CLASSIFICATIONS; HOWEVER, 100% OF THE DATA REPORTED FOR THE CLASSIFICATIONS WAS UNION DATA. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG INDICATES THAT THE RATE ISA WEIGHTED UNION AVERAGE RATE. OH INDICATES THE STATE. THE NEXT NUMBER, 0010 IN THE EXAMPLE, IS AN INTERNAL NUMBER USED IN PRODUCING THE WAGE DETERMINATION. 08/29/2014 INDICATES THE SURVEY COMPLETION DATE FOR THE CLASSIFICATIONS AND RATES UNDER THAT IDENTIFIER. A UAVG RATE WILL BE UPDATED ONCE A YEAR, USUALLY IN JANUARY OF EACH YEAR, TO REFLECT A WEIGHTED AVERAGE OF THE CURRENT NEGOTIATED/CBA RATE OF THE UNION LOCALS FROM WHICH THE RATE IS BASED. WAGE DETERMINATION APPEALS PROCESS 1.) HAS THERE BEEN AN INITIAL DECISION IN THE MATTER? THIS CAN BE: * AN EXISTING PUBLISHED WAGE DETERMINATION * A SURVEY UNDERLYING A WAGE DETERMINATION * A WAGE AND HOUR DIVISION LETTER SETTING FORTH A POSITION ON Wage Rate Requirements Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007202-4 REV 06-12-2015 A WAGE DETERMINATION MATTER * A CONFORMANCE (ADDITIONAL CLASSIFICATION AND RATE) RULING ON SURVEY RELATED MATTERS, INITIAL CONTACT, INCLUDING REQUESTS FOR SUMMARIES OF SURVEYS, SHOULD BE WITH THE WAGE AND HOUR REGIONAL OFFICE FOR THE AREA IN WHICH THE SURVEY WAS CONDUCTED BECAUSE THOSE REGIONAL OFFICES HAVE RESPONSIBILITY FOR THE DAVIS-BACON SURVEY PROGRAM. IF THE RESPONSE FROM THIS INITIAL CONTACT IS NOT SATISFACTORY, THEN THE PROCESS DESCRIBED IN 2.) AND 3.) SHOULD BE FOLLOWED. WITH REGARD TO ANY OTHER MATTER NOT YET RIPE FOR THE FORMAL PROCESS DESCRIBED HERE, INITIAL CONTACT SHOULD BE WITH THE BRANCH OF CONSTRUCTION WAGE DETERMINATIONS. WRITE TO: BRANCH OF CONSTRUCTION WAGE DETERMINATIONS WAGE AND HOUR DIVISION U.S. DEPARTMENT OF LABOR 200 CONSTITUTION AVENUE, N.W. WASHINGTON, DC 20210 2.) IF THE ANSWER TO THE QUESTION IN 1.) IS YES, THEN AN INTERESTED PARTY (THOSE AFFECTED BY THE ACTION) CAN REQUEST REVIEW AND RECONSIDERATION FROM THE WAGE AND HOUR ADMINISTRATOR (SEE 29 CFR PART 1.8 AND 29 CFR PART 7). WRITE TO: WAGE AND HOUR ADMINISTRATOR U.S. DEPARTMENT OF LABOR 200 CONSTITUTION AVENUE, N.W. WASHINGTON, DC 20210 THE REQUEST SHOULD BE ACCOMPANIED BY A FULL STATEMENT OF THE INTERESTED PARTY'S POSITION AND BY ANY INFORMATION (WAGE PAYMENT DATA, PROJECT DESCRIPTION, AREA PRACTICE MATERIAL, ETC.) THAT THE REQUESTOR CONSIDERS RELEVANT TO THE ISSUE. 3.) IF THE DECISION OF THE ADMINISTRATOR IS NOT FAVORABLE, AN INTERESTED PARTY MAY APPEAL DIRECTLY TO THE ADMINISTRATIVE REVIEW BOARD (FORMERLY THE WAGE APPEALS BOARD). WRITE TO: ADMINISTRATIVE REVIEW BOARD U.S. DEPARTMENT OF LABOR 200 CONSTITUTION AVENUE, N.W. WASHINGTON, DC 20210 4.) ALL DECISIONS BY THE ADMINISTRATIVE REVIEW BOARD ARE FINAL. Wage Rate Requirements Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007202-5 REV 06-12-2015 END OF GENERAL DECISION END OF SECTION Wage Rate Requirements Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007202-6 REV 06-12-2015 00 72 03 MINORITY / MBE / DBE PARTICIPATION POLICY ARTICLE 1— PARTICIPATION POLICY 1.01 POLICY A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women, and Minority Business Enterprises (MBE) to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 1.02 DEFINITIONS A. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. B. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials, or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent of the assets or interest in the partnership property must be owned by one or more minority person(s). c. For an enterprise doing business as a corporation, at least 51 percent of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled: a. The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments: a. Minority partners, proprietors, or stockholders of the business enterprise, must be entitled to receive 51 percent or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. Minority / MBE / DBE Participation Policy Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007203-1 Rev 01-13-2016 D. Minority: Minority persons include Blacks, Mexican -Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this policy, women are also considered as minorities. E. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51 percent of whose assets or partnership interests are owned by one or more women, or a corporation at least 51 percent of whose assets or interests in the corporate shares are owned by one or more women. F. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the Work to be performed by the joint venture. For example, a joint venture which is to perform 50 percent of the Work itself and in which a minority joint venture partner has a 50 percent interest, shall be deemed equivalent to having minority participation in 25 percent of the Work. Minority members of the joint venture must have financial, managerial, or technical skills in the Work to be performed by the joint venture. 1.03 GOALS A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction Work for the Contract award shall be as specified in SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS. B. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved Change Orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 1.04 COMPLIANCE A. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. B. Make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. END OF SECTION Minority / MBE / DBE Participation Policy Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007203-2 Rev 01-13-2016 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC -1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi, Texas Stearns, Conrad and Schmidt Consulting Engineers, Inc. dba SCS Engineers ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK SC -4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 30 rain days have been set for this Project. An extension of time due to rain days will be considered only after 30 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule Supplementary Conditions Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 00 73 00 - 1 11-25-2013 resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC -5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: a. Reports of explorations or tests of subsurface conditions previously performed at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures or groundwater at the Site, are available at the request of Contractor. SC -5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. 1. Drawings of physical conditions relating to known Hazardous Environmental Conditions at the Site include the following: a. Construction Plans and Specifications included in these Contract Documents describe work to be conducted at a municipal solid waste (MSW) landfill, which will require multiple safeguards and landfill -specific provisions. - The Contractor may rely on the following Technical Data in using this document: 1) All information presented with regard to general location of municipal solid waste shown on the drawings and general safety guidelines presented in Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION. 2) All of the information in such drawings constitutes Technical Data on which Contractor may rely. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES SC -7.02 LABOR; WORKING HOURS A. Add the following sentence to the of Paragraph 7.02.B: "Working hours for the purpose of this contract shall be dawn to dusk on Monday through Saturday." B. Delete first sentence of Paragraph 7.02.0 and insert the following: "Do not perform work on Sunday or legal holiday (New Years, Thanksgiving, July 4th, and Memorial Day) without OAR's consent." SC -7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS Supplementary Conditions Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007300-2 11-25-2013 A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." END OF SECTION Supplementary Conditions Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 007300-3 11-25-2013 01 1100 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct Work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the Project completely and fully useable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project. 3. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OAR. 1.02 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: The Project is located completely within the property and permit boundary of the Cefe Valenzuela Landfill (referred herein as Landfill). The Landfill is located in Nueces County, 14 miles southwest of Corpus Christi's City Hall, at the intersection of Farm to Market 2444 and County Road 20. The Work included in the contract includes, but is not limited to, the following: 1. Supply, drilling and completion of 26 landfill gas (LFG) vertical extraction wells and installation of vertical wellheads; 2. Supply, installation, and testing of below -grade LFG header and lateral piping and valves, including connection to vertical LFG extraction wells; 3. Supply, installation, and testing of a condensate management system, including fabrication of condensate sumps; and supply and installation of pumps, condensate forcemain, air supply line, and associated valves; 4. Grading the blower/flare facility, installation of chain link fence and gates, placement of a 6 -inch -thick layer of aggregate base within the fenced area, and construction of concrete slabs for the placement of the blower/flare skids, air compressor, and propane tank; 5. Installation and connection of Owner supplied flare and equipment skids, including electrical hook-up to an existing electrical service; 6. Supply and installation of an air compressor and associated equipment within the blower/flare facility; 7. Supply and installation of a propane tank, propane line, and associated equipment within the blower/flare facility; 8. Participation in 3 -day system start-up demonstration and testing and one -day training session; and Summary of Work Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 1100 - 1 Rev 01-13-2016 9. Seeding, fertilizing, and mulching disturbed areas outside of waste limits. 1.03 WORK UNDER OTHER CONTRACTS A. The following items of work are not included in this Contract, but may impact construction scheduling and completion: 1. The project is located at an active landfill. As such, Contractor shall not interfere with ongoing landfill operations performed by Owner or Owner's Landfill Contractor. Any work associated with this project that has the potential to impact ongoing landfill operations or will be located in the vicinity of waste placement, including but not limited to installation of road crossings, headers/laterals, extraction wells, etc., shall be coordinated with Owner prior to performance. B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Proposal on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. 1.04 WORK BY OWNER A. The Owner plans to perform the following items of work which are not included in this Contract, but may impact the construction scheduling and completion: 1. Procurement of the blower/flare in advance of construction commencement (delivery of blower/flare skids will occur during execution of project); and 2. Supply and installation of electrical power supply within 50 feet of blower/flare skids, including poles, lines, transformers, disconnect, and meter. B. Completion of the Work described in this Contract may impact the construction of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. C. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated. 1.05 CONSTRUCTION OF UTILITIES A. Pay for temporary power, including but not limited to construction cost, meter connection fees, and permits. 1.06 USE PRIOR TO FINAL COMPLETION A. Owner has the right to use or operate any portion of the Project that is ready for use after notifying the Contractor of its intent to do so. Summary of Work Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 1100 - 2 Rev 01-13-2016 B. The execution of Bonds is understood to indicate the consent of the surety to these provisions for use of the Project. C. Provide an endorsement from the insurance carrier permitting use of Project during the remaining period of construction. D. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Summary of Work Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 1100 - 3 Rev 01-13-2016 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates (NOT APPLICABLE): 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate, and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. c. Applicable taxes. 3. Include in the Contract Price all costs for: a. Handling at the Site, including unloading, uncrating, and storage per SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. b. Cost for labor and equipment for installation and finishing. c. Cost for related products not specifically listed in the allowance required for installation, including consumable supplies and materials. d. All overhead, profit, and related costs. 4. Assist Owner in the selection of products. a. Identify qualified Suppliers. b. Obtain bids from qualified Suppliers. c. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. Allowances Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012310-1 11-25-2013 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. 5. Upon selection of the product: a. Purchase and install the product. b. Contractor's responsibilities for products shall be the same as for products selected by the Contractor. 6. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to adjust Contract Price if the net cost of the product is more or less than the specified amount. a. Adjust the unit cost applied to the quantities installed per the method of payment described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES for products specified as Unit Price Work. b. Do not perform Work until selection of alternate has been approved by the Owner. c. Provide actual invoices for the materials. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. 1.03 DESCRIPTION OF ALTERNATES A. Alternate A - NONE 1.04 DESCRIPTION OF ALLOWANCES A. Allowance: 1. The sum of $100,000 to be used for the performance of work in excess of the estimated quantities provided in Bid Form or out -of -scope work requested by Owner, not included the respective bid items. 2. At final completion of project, Contractor shall credit unused amounts remaining in the allowance to the Owner by Change Order. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Allowances Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012310-2 11-25-2013 01 29 00 APPLICATION FOR PAYMENT PROCEDURES 1.00 GENERAL 1.01 WORK INCLUDED A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the General Conditions, the Supplementary Conditions, the Agreement, and this Section. The Contract Price is to include costs for: 1. Providing the Work in accordance with the Contract Documents; 2. Installing Owner furnished equipment and materials; 3. Providing Work for Alternates and Allowances; 4. Commissioning, start-up, training and initial maintenance and operation; 5. Acceptance testing in manufacturer's facilities or on Site; 6. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 7. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 8. Professional services including design fees, legal fees, and other professional services; 9. Bonds and insurance; 10. Permits, licenses, patent fees, and royalties; 11. Taxes; 12. Providing all documents and Samples required by the Contract Documents; 13. Facilities and equipment at the Site including: a. Field offices, office furnishings, and all related office supplies, software, and equipment, if applicable, b. Storage facilities for Contractor's use, storage facilities for stored materials and equipment, including spare parts storage, c. Construction equipment, small tools, vehicles, technology and telecommunications equipment, d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site, e. Temporary facilities for power and communications, f. Potable water and sanitation facilities, and g. Mobilization and demobilization for all of these facilities and equipment; 14. Products, materials, and equipment stored at the Site or other suitable location; 15. Products, materials, and equipment permanently incorporated into the Project; Application for Payment Procedures Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0129 00 - 1 03-11-2015 16. Temporary facilities for managing water, including facilities for pumping, storage, and treatment as required for construction and protection of the environment; 17. Temporary facilities for managing environment conditions and Constituents of Concern; 18. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project; 19. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features; 20. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features; 21. Products, materials, and equipment consumed during the construction of the Project; 22. Contractor labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; 23. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 24. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 25. Contractor's safety programs, including management, administration, and training; 26. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; 27. Providing warranties, extended or special warranties, or extended service agreements; 28. Cleanup and disposal of any and all surplus materials; and 29. Demobilization of all physical, temporary facilities not incorporated into the Project. B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price. C. Provide written approval of the surety company providing Bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Submit approval using the Consent of Surety Company to Payment Procedures form provided. Payment will not be made without this approval. D. OAR may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Progress Schedule per SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. 2. Project photographs per SECTION 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 3. Record Documents per SECTION 01 31 13 PROJECT COORDINATION. 4. Documentation required to comply with Owner's Minority / MBE / DBE Participation Policy. Application for Payment Procedures Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012900-2 03-11-2015 1.02 SCHEDULE OF VALUES A. Submit a detailed Schedule of Values for the Work at least 10 days prior to submitting the first Application for Payment. B. Submit the Schedule of Values in the form for Attachment A - Tabulation of Earned Value of Original Contract Performed. C. Do not submit an Application for Payment until the Schedule of Values has been approved by the OAR. D. Use each unit price line item in the Agreement as a unit price line item in the Schedule of Values. E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials, or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other cost associated with the item in the Agreement. The sum of the two components must equal the value of the line item in the Schedule of Values. G. Where a percentage of the line value is allowed for a specified stage of completion, show the value for each stage of completion as a component of that line item cost. Application for Payment Procedures Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012900-3 03-11-2015 1.03 SCHEDULE OF ANTICIPATED PAYMENTS AND EARNED VALUE A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. B. Submit a tabulation of the anticipated Total Earned Value of Fees, Work, and Materials to create a graphic (curve) representation of the anticipated progress on the Project each month. Adjust this table and curve to incorporate Modifications. Use this curve to compare actual progress on the Project each month by comparing the anticipated cumulative Total Earned Value of Fees, Work, and Materials to the actual Total Earned Value of Fees, Work, and Materials each month. Use the comparison of values to determine performance on budget and schedule. C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. 1.04 BASIS FOR PAYMENTS A. Lump Sum Contracts: 1. Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 1.02.E.3 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 1.05. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Agreement. b. Payment for stored materials and equipment will be made per Paragraph 1.05. 2. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 1.05 PAYMENT FOR STORED MATERIALS AND EQUIPMENT. A. Store materials and equipment properly at the Site. Application for Payment Procedures Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012900-4 03-11-2015 1. Payment will be made for the invoice amount less the specified retainage. 2. Payment for materials and equipment show in the Application for Payment on Attachment A or Attachment B - Tabulation of Work on Approved Contract Modifications will be made for the invoice amount, up to the value show in the Schedule of Values for that line item. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be added to other line items. 3. Payment will be made in full for the value shown in the line item for products and materials if invoices for materials and equipment are less than the amount shown in the line item and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item. 4. Provide invoices at the time materials are included on Attachment D - Tabulation of Values for Materials and Equipment. Include invoice numbers on Attachment D so that a comparison can be made between invoices and amounts included on Attachment D. B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the City for verification of the material value; and provide documents, satisfactory to the City, that show that the material supplier has been paid for the materials delivered to the work site. D. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest. E. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor's obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until accepted in accordance with the General Conditions. F. Payment for materials and equipment does not constitute acceptance of the product. 1.06 ALTERNATES AND ALLOWANCES A. Include amounts for specified Alternate Work in the Agreement in accordance with SECTION 01 23 10 ALTERNATES AND ALLOWANCES. B. Include amounts for specified Allowances for Work in the Agreement in accordance with SECTION 01 23 10 ALTERNATES AND ALLOWANCES. 1.07 RETAINAGE AND SET -OFFS A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released per the General Conditions. Application for Payment Procedures Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012900-5 03-11-2015 B. Reduce payments for set -offs per the General Conditions. Include Attachment C — Tabulation of Set -Offs in the Application for Payment. 1.08 PROCEDURES FOR SUBMITTING AN APPLICATION FOR PAYMENT A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the Agreement for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the original Contract. 2. The quantity of Work completed for each unit price item. 3. Set -offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line item for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment C to document set -offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the Set off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Complete the certification stating that all Work, including materials and equipment, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents, that all amounts have been paid for Work, materials, and equipment for which previous payments have been made by the Owner, and that the current payment amount shown in this Application for Payment is now due. Application for Payment Procedures Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012900-6 03-11-2015 C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 1.09 RESPONSIBILITY OF OWNER'S AUTHORIZED REPRESENTATIVE A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT's reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR's recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. E. This representation is subject to: 1. Further evaluation of the Work as a functioning whole; 2. The results of subsequent tests called for in the Contract Documents; or 3. Any other qualifications stated in the recommendation. F. OPT does not represent by recommending payment: 1. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or 2. Other matters or issues between the parties that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor may or may not exist. G. Neither OPT's review of Contractor's Work for the purposes of recommending payments nor OAR's recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; Application for Payment Procedures Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012900-7 03-11-2015 2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs; 3. For Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; 4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or 5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens. 1.10 FINAL APPLICATION FOR PAYMENT A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set -offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. C. Submit the final Application for Payment per the General Conditions, including the final Change Order. Provide the following with the Final Application for Payment: 1. Evidence of payment or release of liens on the forms provided and as required by the General Conditions. 2. Consent from Surety to Final Payment. 1.11 PAYMENT BY OWNER A. Owner is to pay the amount recommended for monthly payments within 30 days after receipt of the OAR's recommended Application for Payment. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Application for Payment Procedures Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012900-8 03-11-2015 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1 — Mobilization: 1. Include the following costs in this Bid item: a. Bonds and insurance; b. Transportation and setup for equipment; c. Transportation and/or erection of all field offices, sheds, and storage facilities, if applicable; d. Salaries for preparation of documents required before the first Application for Payment; e. Salaries for field personnel assigned to the Project related to the mobilization of the Project; Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0129 01- 1 Rev 01-13-2016 f. Demobilization, including removal from the Site of all materials; resources, equipment, temporary support facilities, utilities, and all remaining construction debris at the completion of the project and includes release of liens and other incidentals as specified for project closeout.; and g. Mobilization may not exceed 5 percent of the total Contract Price. 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. B. Bid Item A-2 -Vertical LFG Extraction Wells (6 -inch HDPE): 1. Payment for this item will be at the contract unit price per vertical foot installed. Payment includes all erection/removal of soil benches, drilling, boring, transport of waste materials, supply and installation of gravel, soil and bentonite backfill, supply and installation of perforated and solid piping, and pipe connections. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed vertical foot basis, measured from existing ground surface to the bottom of the wellbore, as measured in the field. C. Bid Item A-3 -Wellbore Abandonment: 1. Payment for this item will be at the contract unit price per vertical foot of wellbore abandoned. Payment for this item will include erection/removal of soil benches, drilling, boring, transport of waste materials, and installation of clean soil backfill. Payment for abandoned wellbores shall not exceed 1/3 unit price for drilling and completing vertical extraction wells. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS of the Technical Specifications. 2. Measuring for payment will be on an abandonment vertical foot basis, measured from existing ground surface to the bottom of the wellbore, as measured in the field. D. Bid Item A-4 — Trench Safety 1. Payment for this item will be at the contract unit price per linear foot for trench safety. Payment includes providing trench safety in accordance with the latest provisions of Occupational Health and Safety Administration and other local, state, and federal regulations during the performance of work, including pipe and condensate sump installation. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION, SECTION 00 72 00 GENERAL CONDITIONS, SECTION 00 73 00 SUPPLEMANTAL CONDITIONS, and SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING of the Technical Specifications and Construction Plans. 2. Measuring for payment is on a linear foot basis of piping, condensate sumps, and other incidentals requiring trench safety, as measured during the preparation of Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0129 01- 2 Rev 01-13-2016 conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. E. Bid Item A-5 — 2 -inch Dia. Vertical Wellhead: 1. Payment for this item will be at the contract unit price per each installed 2 -inch diameter vertical wellhead. Payment includes wellhead, fittings, piping, flanges, flex hose, clamps, connections to laterals and other necessary connections, monitoring and/or access ports, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. F. Bid Item A-6 — 2 -inch HDPE SDR 9 Air Supply Line (Common Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes fittings, piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 2 -inch diameter SDR 9 HDPE air supply line installed in a common trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. G. Bid Item A-7 — 2 -inch HDPE SDR 11 Single -Contained Condensate Forcemain (Common Lateral Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes fittings, piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 2 -inch diameter SDR 11 HDPE condensate forcemain piping installed in a common lateral trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. H. Bid Item A-8 — 3 -inch HDPE SDR 11 Single -Contained Condensate Forcemain (Common Header Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes fittings, piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 3 -inch diameter SDR 11 HDPE condensate forcemain piping installed in a common header trench, as Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0129 01- 3 Rev 01-13-2016 measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. I. Bid Item A-9 — 3 -inch HDPE SDR 11 Single -Contained Condensate Forcemain (Separate Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 3 -inch diameter SDR 11 HDPE condensate forcemain piping installed in a separate header trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. Single -contained condensate forcemain pipe installed in a separate trench is depicted on Drawing No. 4, and includes the segment of condensate forcemain extending from IV -2 to the existing leachate pond (within waste limits). J. Bid Item A-10 — 3 -inch Diameter SDR 11 by 6 -inch Diameter SDR 17 HDPE Dual -Contained Condensate Forcemain (Common Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes fittings, piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 3 -inch diameter SDR 11 by 6 -inch Diameter SDR 17 HDPE dual -contained piping installed in a common header trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. K. Bid Item A-11 — 3 -inch Diameter SDR 11 by 6 -inch Diameter SDR 17 HDPE Dual -Contained Condensate Forcemain (Separate Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of the 3 -inch diameter SDR 11 by 6 -inch Diameter SDR 17 HDPE dual -contained piping installed in a separate trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. Dual -contained condensate forcemain pipe installed in a separate trench is depicted on Drawing No. 4, and includes the condensate forcemain extending from IV -2 to the existing leachate pond (outside of waste limits). Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012901-4 Rev 01-13-2016 L. Bid Item A-12 — 6 -inch Diameter SDR 17 HDPE Lateral Pipe: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 6 -inch diameter SDR 17 HDPE lateral piping, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. M. Bid Item A-13 — 8 -inch Diameter SDR 17 HDPE Header Pipe: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 8 -inch diameter SDR 17 HDPE header piping, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. N. Bid Item A-14 — 18 -inch Diameter SDR 17 HDPE Header Pipe: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 18 -inch diameter SDR 17 HDPE header piping, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. O. Bid Item A-15 — 24 -inch Diameter SDR 17 HDPE Header Pipe: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0129 01- 5 Rev 01-13-2016 2. Measuring for payment will be on an installed linear foot basis of 24 -inch diameter SDR 17 HDPE header piping, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. P. Bid Item A-16 — 24 -inch Diameter SDR 26 HDPE Header Pipe: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, concrete collars, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 24 -inch diameter SDR 26 HDPE header piping, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. Q. Bid Item A-17 — 2 -inch Diameter Air Supply Line Isolation and Blow -off Valve Assembly: 1. Payment for this item will be at the contract unit price per each installed air supply isolation and blow -off valve. Payment will include ball valves, fittings, pipe extensions and supports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. R. Bid Item A-18 — 3 -inch Condensate Forcemain Isolation Valve Assembly: 1. Payment for this item will be at the contract unit price per each installed 3 -inch diameter isolation valve. Payment will include ball valve, fittings, pipe extensions and supports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. S. Bid Item A-19 — 8 -inch Isolation Valve (Gear Operated): 1. Payment for this item will be at the contract unit price per each installed 8 -inch diameter isolation valve. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, valve, fittings, spacers, stem extension, monitoring ports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. T. Bid Item A-20 — 14 -inch Isolation Valve (Gear Operated): Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0129 01- 6 Rev 01-13-2016 1. Payment for this item will be at the contract unit price per each installed 14 -inch diameter isolation valve. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, valve, fittings, spacers, stem extension, monitoring ports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. U. Bid Item A-21 — 18 -inch Isolation Valve (Gear Operated): 1. Payment for this item will be at the contract unit price per each installed 18 -inch diameter isolation valve. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, valve, fittings, spacers, stem extension, monitoring ports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. V. Bid Item A-22 — 24 -inch Isolation Valve (Gear Operated): 1. Payment for this item will be at the contract unit price per each installed 24 -inch diameter isolation valve. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, valve, fittings, spacers, stem extension, monitoring ports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. W. Bid Item A-23 — 18 -inch Single -Contained Condensate Sump & Pump (CS -4): 1. Payment for this item will be at the contract unit price per each installed 18 -inch single -contained condensate sump and pump. Payment includes fabrication of sump by Contractor or Supplier. The Work shall include, but not be limited to, excavation, backfill, compaction, pipe, fittings, pump and accessories, valves, sump cap, air regulator, and cycle counter, piping, air supply and condensate discharge assemblies, other required accessories/materials, connections, and testing. Payment also includes connection of the pump to the condensate forcemain and air supply line and associated fittings and valves. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the SECTION 11200 CONDENSATE MANAGEMENT SYSTEM of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. X. Bid Item A-24 — 24 -inch Single -Contained Condensate Sump & Pump (CS -1, CS -2, and CS -3): 1. Payment for this item will be at the contract unit price per each installed 24 -inch single -contained condensate sump and pump. Payment includes fabrication of sump Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0129 01- 7 Rev 01-13-2016 by Contractor or Supplier. The Work shall include, but not be limited to, excavation, backfill, concrete ballast, compaction, pipe, fittings, pump and accessories, valves, sump cap, air regulator, and cycle counter, piping, air supply and condensate discharge assemblies, other required accessories/materials, connections, and testing. Payment also includes connection of the pump to the condensate forcemain and air supply line and associated fittings and valves. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the SECTION 11200 CONDENSATE MANAGEMENT SYSTEM of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. Y. Bid Item A-25 — 12 -inch CMP Road Crossing: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes pipe, excavation, backfilling, base aggregate, compaction, HDPE pipe placement inside the casing, repair of the road to its original condition after construction and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 12 -inch CMP, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. Z. Bid Item A-26 — 18 -inch CMP Road Crossing: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes pipe, excavation, backfilling, base aggregate, compaction, HDPE pipe placement inside the casing, repair of the road to its original condition after construction and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 18 -inch CMP, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. AA. Bid Item A-27 — 36 -inch CMP Road Crossing: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes pipe, excavation, backfilling, base aggregate, compaction, HDPE pipe placement inside the casing, repair of the road to its original condition after construction and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 36 -inch CMP, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. BB. Bid Item A-28 — Installation of Blower/Flare and Compressor: Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0129 01- 8 Rev 01-13-2016 1. Payment for this item will be at the contract lump sum price for the installation of the LFG flare, equipment skid, and compressor. Payment shall include crane or other equipment needed for placement of blower, flare, and compressor; complete assembly and connection of all equipment and auxiliary components of the blower/flare and compressor; interconnecting piping between blower and flare, anchoring of equipment; and miscellaneous materials (i.e., bolts, nuts, washers, gaskets, piping [condensate drains and air supply line], valves [condensate drain line valves, air supply valves at pneumatic fail safe valve and compressor], etc. not provided by suppliers of equipment) for successful connection of equipment. Payment shall constitute full compensation for all materials, labor, equipment, and work incidental thereto, including participation in the equipment start-up and validation tests, necessary to complete this item in accordance with SECTION 15090 EQUIPMENT INSTALLATION AND START-UP of the Technical Specifications and Construction drawings. 2. Measuring for payment will be on a lump sum basis. CC. Bid Item A-29 — Blower/Flare Facility Site Preparation/Grading/Foundations: 1. Payment for this item will be at the contract lump sum price for the blower/flare station site preparation, grading, and foundations, as shown on the Construction Plans. Payment shall include the following sub -items: a. Transport and unloading soil fill from an onsite borrow source, and placement, compaction, and grading of soil fill for the blower/flare facility; b. Forming, reinforcement, and concrete placement for flare, equipment skid, compressor, and propane tank foundations consistent with SECTION 03300 CONCRETE of the Technical Specifications; c. Obtaining any required building, windstorm, and construction permits/authorizations; d. Supply and placement of non -woven geotextile weed barrier below base aggregate; e. Placement and compaction of coarse aggregate beneath concrete foundations and base aggregate within fenced area of blower/flare facility; and f. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete the above sub -items in accordance with Construction Plans. 2. Measuring for payment will be on a lump sum basis. DD. Bid Item A-30 — Electrical Hook-up of Blower/Flare and Compressor: 1. Payment for this item will be at the contract lump sum price for electrical hook-up of blower/flare and compressor. Payment shall include electrical wiring and hook-up to the 480V, 3-phase, 200 amp electrical service installed by the OWNER, including all necessary wire, breakers, transformers, disconnects, and electrical conduit; electrical permits and fees; and electrical inspections. Payment shall constitute full compensation for all materials, labor, required permit approvals, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15090 Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0129 01- 9 Rev 01-13-2016 EQUIPMENT INSTALLATION AND START-UP of the Technical Specifications and Construction drawings. 2. Measuring for payment will be on a lump sum basis. EE. Bid Item A-31 — Seeding, Mulch, and Fertilizer: 1. Payment for this item will be at the contract lump sum price for supply and placement of seed, fertilizer, and mulch on areas disturbed by execution of the work outside the waste limits. Payment shall constitute full compensation for materials, labor, and equipment to complete this item in accordance with SECTION 02271 SEED, MULCH AND FERTILIZER. 2. Measuring for payment will be on a lump sum basis. FF. Bid Item A-32 — 15 HP Rotary Screw Air Compressor, Desiccant Dryers, Oil/Water Separator, and 12'x12' Cover: 1. Payment for this item will be at the contract lump sum price for supplying a 15 HP rotary screw air compressor, desiccant dryers, oil/water separator, and 10 -foot by 10 - foot cover. Payment shall constitute full compensation for all material, labor, equipment, freight, and work incidental thereto, necessary to complete this item in accordance with SECTION 15090 EQUIPMENT INSTALLATION AND START-UP of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on a lump sum basis. GG. Bid Item A-33 — Chain Link Security Fence and Gates (Single- and Double -Swing): 1. Payment for this item will be at the contract lump sum price for supply and installation of fencing fabric, tension wire, fasteners, truss rods, tighteners, miscellaneous fittings and hardware, barbed wire gates. Payment shall also include the supply and installation of single- and double -swing gates. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 02830 CHAIN LINK FENCE AND GATES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on a lump sum basis. HH. Bid Item A-34 — Propane Tank and Interconnecting Piping 1. Payment for this item will be at the contract lump sum price for supplying and installing a new 120 -gallon propane tank, including initial filling of tank, and interconnecting piping (i.e. propane line from tank to blower skid regulator and blower skid regulator to flare). Payment shall constitute full compensation for all materials, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the Technical Specifications and Construction drawings. 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALLOWANCES A. Bid Item B-1 - Allowance: 1. Payment for this item will be an agreed upon basis (unit rate or lump sum basis) between Owner and Contractor for quantities in excess of the estimated quantities in SECTION 00 30 01 BID Form or out of scope items identified during execution of the Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 29 01- 10 Rev 01-13-2016 Work. Any unused amounts of the allowance will be credited back to the Owner in the form of a change order. 2. Measuring for payment will be based upon the unit of measure applicable to the bid item in Article 1.03 of this specification or agreed upon unit for out of scope work. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 29 01- 11 Rev 01-13-2016 01 3100 PROJECT MANAGEMENT AND COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish resources required to complete the Project with an acceptable standard of quality within the Contract Times. B. Construct Project in accordance with current safety practices. C. Manage Site to allow access to Site and control construction operations. D. Construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. E. Provide temporary controls for pollutions, management of water and management of excess earth as required in SECTION 01 57 00 TEMPORARY CONTROLS. 1.02 QUALITY ASSURANCE A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents. B. Remove Defective Work from the Site immediately unless provisions have been made and approved by the OPT to allow repair of the product at the Site. Clearly mark Work as Defective until it is removed or allowable repairs have been completed. 1.03 DOCUMENT SUBMITTAL A. Provide documents in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. 1. Provide copies of Supplier's printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. 2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings. 1.04 PERMITS A. Obtain building permits for the Project from the local authorities having jurisdiction. Pay building permit fees and include this cost in the Contract Price. B. Obtain environmental permits required for construction at the Site. C. Provide required permits for transporting heavy or oversized loads. D. Provide other permits required to conduct any part of the Work. E. Accommodate and/or arrange, if necessary, for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. G. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license. Project Management and Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 31 00 - 1 Rev 01-13-2016 1.05 SAFETY REQUIREMENTS A. Manage safety to protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide protective devices to warn and protect from hazards at the Site. C. Provide safe access for those performing tests and inspections. D. Comply with latest provisions of the Occupational Health and Safety Administration and other Laws and Regulation. E. The Contractor is advised that the construction of this project is being performed at a municipal solid waste landfill on or near buried wastes and refuse. The Contractor shall be aware and communicate the following health and safety concerns to employees, vendors, and suppliers involved during the execution of the Work: 1. As these buried materials decompose anaerobically, they will generate landfill gas (LFG), which normally consists of carbon dioxide (CO2), methane (CH4), and occasionally hydrogen sulfide (H2S) and other gases, depending on the composition of the buried materials. 2. Although, the landfill is a municipal solid waste landfill; waste streams may include incidental hazardous substances, medical wastes, and other hazards. Care shall be taken in protecting workers from exposure to hazards, and executing the Work using procedures that provide worker protection. 3. The following landfill and LFG related information is provided as general guidance for health and safety and is not intended to encompass all steps that may be necessary to protect the workers or to comply with applicable regulations. a. Landfill gases usually vent to the atmosphere through the cover soils, but may migrate laterally over 1,000 feet to adjacent areas depending on site and weather conditions. b. Landfill gases have the potential to create hazardous conditions if not controlled or recognized. Some of the hazards are: i. Fires may start spontaneously from exposed and/or decomposing refuse. ii. Fires and explosions may occur from the presence of methane gas. Methane is explosive in approximate concentrations of 5 to 15 percent by volume in air. iii. Landfill gases may cause an oxygen deficiency in underground trenches, vaults, conduits, and structures. iv. Hydrogen sulfide, a highly toxic and flammable gas, or other toxic gas may be present. c. Possible caving of trenches and excavations can occur when working over or in refuse fills. Project Management and Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013100-2 Rev 01-13-2016 4. Landfill materials (solids and liquids) have the potential to contain pathogens, fungus, viruses, infectious materials; sharp, puncturing, and cutting objects; and other hazards. Dust control during waste excavation is important to controlling dust -borne transmission of harmful elements. Preventing dermal contact with waste by workers, including preventing walking over or in exposed waste, also will reduce the risks of worker exposure. F. Cooperate with accident investigations. Provide two copies of all reports, including insurance company reports, prepared concerning accidents, injury, or death related to the Project to the OAR as Record Data per SECTION 01 33 03 RECORD DATA. 1.06 ACCESS TO THE SITE A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Roadways may not be approved for construction traffic. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per SECTION 01 33 03 RECORD DATA. 1.07 CONTRACTOR'S USE OF SITE A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures as discussed in SECTION 01 57 00 TEMPORARY CONTROLS. E. Park employees' vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately -owned land outside of the Owner's property, rights-of-way, or easements. G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. Project Management and Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013100-3 Rev 01-13-2016 H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped, or soiled clothing to be worn on the Project. 1. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons immediately from the Site. 1.08 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. Examine the Site and review the available information concerning the Site. Locate and mark all existing structures, such as groundwater wells, landfill gas probes, utilities, etc.; and other landfill appurtenances in the vicinity of the Work. Verify the elevations of the structures adjacent to excavations. Report any discrepancies from information in the Contract Documents to the OAR before beginning construction. B. Notify the OPT immediately of any structures or utilities that interfere with the completion of the Work. C. Protect all structures and utilities, as described above, located in the vicinity of the Work from damage. Repair or replace any damage to existing structures or utilities caused by Work to the satisfaction of OPT and utility owner at no cost to the Owner. OPT reserves the right to select replacement of structures or utilities as a result of damage, and selection of Contractor or Subcontractor to perform such replacement work. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. 1.09 PRE -CONSTRUCTION EXPLORATORY EXCAVATIONS (NOT USED) A. Excavate and expose existing pipelines that cross within 20 feet of Project pipelines prior to any Work. Survey the line to determine its exact vertical and horizontal location at each point the existing pipeline may potentially conflict with the Work. B. Excavate and expose existing parallel pipelines at 300 feet intervals (maximum) for existing pipelines which are within 10 feet of Project pipelines. Survey the line to determine its exact vertical and horizontal location at each point where the line is excavated and exposed. Project Management and Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013100-4 Rev 01-13-2016 C. Prepare a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES indicating the owner of pipelines excavated and surveyed and all pertinent survey data, including the station where lines cross or conflicts may exist and the distance to the pavement centerline and elevations of the top of existing pipelines. D. Do not perform Work on the Project until all exploratory excavations have been completed and the Plan of Action has been approved by the Designer. E. Include the cost for these pre -construction exploratory excavations in the unit price for pipe construction. Pavement repairs associated with exploratory excavations will be paid for at the unit prices for pavement repair. 1.10 DISRUPTION TO SERVICES / CONTINUED OPERATIONS A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves, operators, roads, landfill operations, etc. 2. Limit operations to the minimum amount of space needed to complete the specified Work. B. Notify OPT if existing facilities must be taken out of operation prior to performance of associated work. Coordinate timing of disruption of service with OPT, and confirm approval of time period and method of execution prior to execution of such work. 1.11 FIELD MEASUREMENTS A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Drawings as required in SECTION 01 31 13 PROJECT COORDINATION. 1.12 REFERENCE DATA AND CONTROL POINTS A. The OAR will provide a complete engineering pre -construction layout of the Work needed for construction of landfill gas extraction wells, associated piping, valves, and fitting, fencing, and concrete foundations. The OAR will provide: 1. Competent personnel and equipment including accurate surveying instruments, stakes, platforms, tools, and materials for a pre -construction staking. 2. Surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision, related to pre -construction staking for landfill gas extraction wells. 3. Record Data and measurements per standards. Project Management and Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013100-5 Rev 01-13-2016 B. The OAR will perform the conformance and record surveys of the completed Work. Conformance and record surveys shall confirm conformance with the Construction Plans and Specifications and quantities for verification of measurement and payment. Conformance and record surveys will include the following: 1. Extraction well locations; 2. Location, soil cover, and slope (if applicable) of all piping, valves, and fittings. 3. Location of all utility lines (propane and electric), fencing, and concrete foundations. 4. Record drawings will be performed at a frequency of every 50 feet or less for bends, fittings, valves, corners, etc. 1.13 DELIVERY AND STORAGE A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers or packaging with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed. C. Assume full responsibility for the protection and safekeeping of products stored at the Site. D. Store products at locations acceptable to the OAR and to allow Owner access to maintain and operate existing facilities. E. Store products in accordance with the Supplier's storage instructions immediately upon delivery. Leave seals and labels intact. F. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather -tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier's instructions. Remove storage facilities at the completion of the Project. G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. 2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. Project Management and Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013100-6 Rev 01-13-2016 4. Provide surface drainage to prevent erosion and ponding of water. 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. I. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements; 2. Supplier's required environmental conditions are continually maintained; and 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 1.14 CLEANING DURING CONSTRUCTION A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air -borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations. B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Do not allow waste materials or debris to blow around or off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible. C. Comply with Laws and Regulations. Do not burn or bury waste materials outside the limits of waste of the landfill. Transport waste materials, rubbish and debris generated during execution of the Work routinely throughout the day, including degradable solid waste and non -degradable solid waste, to the working face of the landfill. Although the Contractor will not be charged a tipping fee for disposal; the Contractor shall coordinate with Owner prior to disposal of waste at the working face of the landfill. D. Provide a final cleaning to thoroughly clean areas of the Site impacted by performance of Work and make ready for acceptance. 1. Remove construction debris, boxes, and trash from the Site. 2. Remove construction storage sheds and field offices, if located on-site. 3. Restore grade to match surrounding condition and remove excess dirt. 4. Sweep all drives and parking lots clean of dirt and debris. Use water trucks or hose down paved areas to like new appearance. Project Management and Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013100-7 Rev 01-13-2016 1.15 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS A. Maintain roads in a manner that is suitable for safe operations during all phases of construction. B. Submit a Notification by Contractor for Owner's approval of a road closing at least 72 hours prior to conducting any activities that may affect landfill access roads. The request shall state: 1. The reason for closing the road. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. C. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). D. Assume responsibility for any damage resulting from construction along roads or drives. E. All activities which may affect landfill access road operations must be approved by the Owner prior to commencing the related work. 1.16 AREA ACCESS AND TRAFFIC CONTROL A. Provide traffic control measures to assure a safe condition and to provide a minimum of inconvenience to landfill operations and traffic. Provide temporary driveways and/or roads of approved material during wet weather, as necessary. B. Schedule and sequence construction to minimize adverse impact on the accessibility of roads or landfill operations. C. Comply with the Owner's Uniform Barricading Standards and Practices. Copies of this document are available through the Owner's Traffic Engineering Department. Secure required permits from the Owner's Traffic Engineering Department. 1.17 OVERHEAD ELECTRICAL WIRES A. Comply with OSHA safety requirements regarding construction equipment working beneath overhead electrical wires. Prevent and pay for repairs for damage to existing overhead electrical wires or facilities. B. Provide for adequate safety with regard to overhead lines whether overhead lines are or are not shown in the Contract Documents. 1.18 BLASTING A. Blasting is not allowed for any purpose. 1.19 ARCHAEOLOGICAL REQUIREMENTS A. Cease operations immediately and contact the Owner for instructions if historical or archaeological artifacts are found during construction. Project Management and Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013100-8 Rev 01-13-2016 B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological artifacts are found or identified as an area where other artifacts could be found. 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. 3. Adhere to the requirements of the Texas Historical Commission. 4. Notify the OAR and the Texas Historical Commission. C. Do not disturb archaeological sites. 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit archaeological work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays. 1.20 ENDANGERED SPECIES RESOURCES A. Do not perform any activity that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. B. Cease Work immediately in the area of the encounter and notify the OAR if a threatened or endangered species is encountered during construction. OPT will implement actions in accordance with the ESA and applicable State statutes. Resume construction in the area of the encounter when authorized to do so by the OAR. 1.21 COOPERATION WITH PUBLIC AGENCIES A. Cooperate with all public and private agencies with facilities operating within the limits of the Project. B. Provide a 48-hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811 at 811 and the Lone Star Notification Company at 1-800-669-8344. Project Management and Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013100-9 Rev 01-13-2016 C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Assistant Director, Solid Waste Services Dept., Ivan Luna 361-720-8499 Landfill Manager, Tony Benavides 361-510-4793 SCS Engineers, Ryan Kuntz, P.E. 817-358-6117 Traffic Engineering 361-826-3547 Police Department 361-882-2600 Nueces County Sheriff 361-887-2222 361-826-1800 (361-826-1818 after Water/ Wastewater/ Stormwater hours) 361-885-6900 (361-885-6942 after Gas Department hours) 361-885-5999 (Dispatch after hours) Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 MIS Department (City Fiber) 361-826-3740 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Project Management and Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 31 00 - 10 Rev 01-13-2016 01 31 13 PROJECT COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Administer Contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the OPT. 1.02 DOCUMENT SUBMITTAL A. Provide documents in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. B. Use the forms provided for Contract administration, applications for payment, document submittals, documentation of test results, equipment installation and documentation, and Project closeout. A digital copy of the required forms will be provided to the Contractor before or at the pre -construction conference. 1.03 COMMUNICATION DURING THE PROJECT A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the OAR at the address indicated at the pre -construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. E. Submit communications on the forms referenced in this Section or in SECTION 01 33 00 DOCUMENT MANAGEMENT. Project Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 31 13 - 1 11-25-2013 1.04 PROJECT MEETINGS A. Pre -Construction Conference: 1. Attend a pre -construction conference. 2. The location of the conference will be determined by the OAR. 3. The time of the meeting will be determined by the OAR but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued. 4. The OPT, Contractor's project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. b. Schedule of Values and anticipated Schedule of Payments per SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES. c. List of Subcontractors and Suppliers. d. Contractor's organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, Contract Modifications, and payment requests. B. Progress Meetings: 1. Attend meetings with the OAR and Owner. a. Meet on a monthly basis or as requested by the OAR to discuss the Project. b. Meet at the Site or other location as designated by the OAR. c. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the OAR or Owner concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. Contractor's detailed schedule for the next month. c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. Project Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013113-2 11-25-2013 h. Field observations, problems, or conflicts. i. Maintenance of quality standards. 3. OAR will prepare minutes of meetings. Review the minutes of the meeting and notify the OAR of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in the minutes of the following meeting or as an attachment to the minutes. C. Pre- Submittal and Pre -Installation Meetings (NOT USED): 1. Conduct pre -submittal and pre -installation meetings as required in the individual technical Specifications or as determined necessary by the OAR (for example, instrumentation, roofing, concrete mix design, etc.). 2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by Contractor in accordance with Paragraph 1.07 for the meeting 2 weeks before the meeting. OPT must approve of the proposed time and location. 3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting. 4. Prepare minutes of the meeting and submit to the OPT for review. OPT will review the minutes of the meeting and notify the Contractor of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in a revised set of meeting minutes. 1.05 REQUESTS FOR INFORMATION A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per SECTION 01 31 14 CHANGE MANAGEMENT if the RFI indicates that a Contract Modification is required. D. Use the Project Issues Log to document decisions made at meetings and actions to be taken in accordance with Paragraph 1.06. E. Use the Action Item Log to document assignments for actions to be taken in accordance with Paragraph 1.06. Project Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013113-3 11-25-2013 1.06 DECISION AND ACTION ITEM LOG A. OAR will maintain a Project Decision Log to document key decisions made at meetings, telephone conversation or Site visits using the format provided: 1. Review the log prior to each regular meeting. 2. Report any discrepancies to the OAR for correction or discussion at the next monthly meeting. B. OAR will maintain an Action Item log in conjunction with the Project Decision Log to track assignments made at meetings, telephone conversation, or Site visits using the format provided: 1. Review the Action Item Log prior to each regular meeting. 2. Report actions taken subsequent to the previous progress meeting on items in the log assigned to the Contractor or through the Contractor to a Subcontractor or Supplier to the OAR. Report on status of progress 1 week prior to each progress meeting established in Paragraph 1.04 to allow OAR to update the log prior to the Progress meetings. 3. Be prepared to discuss the status at each meeting. C. Decisions or action items in the log that require a change in the Contract Documents will have the preparation of a Modification as an action items if appropriate. The Contract Documents can only be changed by a Modification. 1.07 NOTIFICATION BY CONTRACTOR A. Notify the OAR of: 1. Need for testing. 2. Request and intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Required observation by OAR, Designer, or inspection agencies prior to covering Work. 5. Training. B. Provide notification a minimum of 1 week in advance in order to allow OPT time to respond appropriately to the notification. C. Use "Notification by Contractor" form provided. 1.08 RECORD DOCUMENTS A. Maintain at the Site one complete set of printed Record Documents including: 1. Drawings. 2. Specifications. 3. Addenda. 4. Modifications. 5. Record Data and approved Shop Drawings. Project Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013113-4 11-25-2013 6. Construction photographs. 7. Test Reports. 8. Clarifications and other information provided in Request for Information responses. 9. Reference standards. B. Store printed Record Documents and Samples in the Contractor's field office. 1. Record Documents are to remain separate from documents used for construction. 2. Provide files and racks for the storage of Record Documents. 3. Provide a secure storage space for the storage of Samples. 4. Maintain Record Documents in clean, dry, legible conditions, and in good order. 5. Make Record Documents and Samples available at all times for inspection by the OPT. C. Maintain a digital record of Specifications and Addenda to identify products provided in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. D. Maintain a digital record of Drawings in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. 3. Record information as construction is being performed. Do not conceal any Work until the required information is recorded. 4. Mark Drawings to record actual construction, including the following: a. Depths of various elements of the Work in relation to existing or proposed grade. b. Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. c. Location of utilities and appurtenances concealed in the Work. Refer measurements to permanent structures on the surface. Include the following equipment: 1) Piping. 2) Ductwork. 3) Equipment and control devices requiring periodic maintenance or repair. 4) Valves, unions, traps, and tanks. 5) Services entrance. 6) Feeders. 7) Outlets. Project Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013113-5 11-25-2013 d. Changes of dimension and detail. e. Changes by Modifications. f. Information in Request for Information or included in the Project Issues Log. g. Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to RFIs. 5. Mark Drawings with the following colors: a. Highlight references to other documents, including Modifications in blue; b. Highlight mark ups for new or revised Work (lines added) in yellow; c. Highlight items deleted or not installed (lines to be removed) in red; and d. Highlight items constructed per the Contract Documents in green. 6. Submit Record Documents to Designer for review and acceptance 30 days prior to Final Completion of the Project. E. Applications for Payment will not be recommended for payment if Record Documents are found to be incomplete or not in order. Final payment will not be recommended without complete Record Documents. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Project Coordination Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013113-6 11-25-2013 01 31 14 CHANGE MANAGEMENT 1.00 GENERAL 1.01 REQUESTS FOR CHANGE PROPOSAL A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 1.02 to the Designer for evaluation by the OPT. 1.02 CHANGE PROPOSALS A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outline in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Change Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013114-1 11-25-2013 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self -performed Work. e. Submit Change Proposals that comply with Article 13 of the General Conditions for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with SECTION 01 33 02 SHOP DRAWINGS. 1.03 DESIGNER WILL EVALUATE THE REQUEST FOR A MODIFICATION. A. Designer will issue a Modification per the General Conditions if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. 1.04 EQUAL NON SPECIFIED PRODUCTS A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products. Use of any products other than those specifically listed is a substitution. Follow the procedures in Paragraph 1.05 for a substitution. B. Contractor may submit other manufacturers' products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase "or equal" or "or approved equal." 1. Submit a Shop Drawing as required by SECTION 01 33 02 SHOP DRAWINGS to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the OPT's responsibility to prove the product is not equal. Change Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013114-2 11-25-2013 a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the Shop Drawing. c. The decision of the Designer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 4. A Change Proposal is not required for any product that is in full compliance with the Contract Documents. If the product is not in full compliance, it may be offered as a Substitution. 1.05 SUBSTITUTIONS A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 1.02 along with a Shop Drawing as required by SECTION 01 33 02 SHOP DRAWINGS to request approval of a substitution. B. Prove that the product is acceptable as a substitute. It is not the Designer's responsibility to prove the product is not acceptable as a substitute. 1. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. 2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the Designer regarding the acceptability of the proposed substitute product is final. C. Provide a written certification that, in making the substitution request, the Contractor: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. Change Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013114-3 11-25-2013 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. D. Pay for review of substitutions in accordance with SECTION 01 33 02 SHOP DRAWINGS. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Change Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013114-4 11-25-2013 01 33 00 DOCUMENT MANAGEMENT 1.00 GENERAL 1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested by the OPT. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Documents not meeting these criteria will be returned without review. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Review documents prior to submitting. Make certifications as required by the Contract Documents and as indicated on forms provided. B. Provide a Schedule of Documents to list the documents that are to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that documents must be returned to comply with the Project schedule. Use the form provided for this list. C. Incorporate the dates for processing documents into the Progress Schedule required by SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. 1. Provide documents in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of documents when preparing the Progress Schedule. Assume a 7 day review cycle for each document unless a longer period of time is indicated in the Contract Documents or agreed to by Designer and Contractor. 3. Schedule submittal of documents to provide all information for interrelated Work at one time. 4. Allow adequate time for processing documents so construction of the Project is not delayed. 1.04 DOCUMENT SUBMITTAL PROCEDURES A. Submit documents through the Designer. Send all documents in digital format for processing. 1. Provide all information requested with a completed Document Transmittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. 2. The Document Transmittal form is to be the first page in the document submitted. 3. Submit all documents in Portable Document Format (PDF). Document Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013300-1 11-25-2013 a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the document. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size g. i. Add footers to each document with the Project name. 1.05 DOCUMENT NUMBERING A. Assign a number to the documents originated to allow tracking of the documents during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order OAR CP Change Proposal Contractor CTR Certified Test Report Contractor FO Field Order OAR NBC Notification by Contractor Contractor PD Photographic Documentation Contractor RCP Request for a Change Proposal OAR RD Record Data Contractor RFI Request for Information Contractor SD Shop Drawing Contractor Document Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013300-2 11-25-2013 Prefix Description Originator SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of document. 3. Issue numbers for resubmittals that have the same number as the original document followed by an alphabetical suffix indicating the number of times the same document has been sent to the Designer for processing. For example: SD 025 A represents Shop Drawing number 25 and the letter "A" designates that this is the second time this document has been sent for review. 4. Clearly note the document number on each page or sheet of the document. 5. Correct assignment of numbers is essential since different document types are processed in different ways. B. Include reference the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 1.06 DOCUMENT REQUIREMENTS A. Furnish documents as indicated below or in individual Specification Sections. Submit documents per the procedures described in the Contract Documents. B. Submit documents per the Specification Section shown in the following table: Document Type Specification Section Application for Payment 01 29 00 Change Proposal 01 31 14 Certified Test Report 01 33 02 for approval of product 01 40 00 to demonstrate compliance Notification by Contractor 01 31 13 Photographic Documentation 01 33 05 Progress Schedules 01 33 04 Record Data 01 33 03 Request for Information 01 31 13 Shop Drawing 01 33 02 Schedule of Values 01 29 00 Substitutions 01 31 14 Suppliers and Subcontractors 01 31 13 and 01 33 03 Document Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013300-3 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Document Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013300-4 11-25-2013 0133 01 Submittal Register Specification Section Specification Description Paragraph No. Types of Submittals Required Product Information Sample or Mockup Operations Data 01 31 13 Record Documents 1.08.D.6 Record Data None None 01 33 04 Construction Progress Schedule 1.01.A Record Data None None 01 33 05 Photographic Documentation 1.03.A Record Data None None 01 33 05 Video Recording 1.03.6 Record Data None None 0140 00 Quality Control Plan 1.01.A Shop Drawing None None 01 57 00 Environmental Protection Plan 1.03.0 Record Data None None 01 57 00 Building and Construction Permit 1.03.D Record Data None None 01 70 00 Closeout Documents 1.06 Shop Drawing None None 02206 Cement Stabilized Sand Sample 1.3 Record Data None None 02222 Blower/Flare Soil Fill Sample 2.4 Record Data Sample None 02222 Road Base Aggregate Sample 2.4 Record Data Sample None 02222 Coarse Aggregate Sample 2.4 Record Data Sample None 02222 Well Aggregate Sample 2.4 Record Data Sample None 02271 Seed Product Data and Certifications 1.3 Record Data None None 02271 Mulch Product Data and Certifications 1.3 Record Data None None 02271 Fertilizer Product Data and Certifications 1.3 Record Data None None 025223 Crushed Limestone Sample 1.3 Record Data None None 02670 Wellhead and Accessories Product Data 1.3 Record Data None None 02670 Bentonite Product Data 1.3 Record Data None None 02830 Fencing and Gate Product Data 1.3 Record Data None None 02830 Fencing and Gate Certificates of Complience 1.3 Record Data None None 03300 Concrete Product Data 1.3 Record Data None None 03300 Concrete Mix Design 1.3 Record Data None None 11200 Condensate Sump Shop Drawings 1.3 Record Data None None 11200 Condensate Forcemain Isolation Valves 1.3 Record Data None None 11200 Air Supply Line Isolation and Blower -Off Valves 1.3 Record Data None None 11200 Pneumatic Condensate Pump and Accessories Product Data 1.3 Record Data None None 11200 Condensate Sump and Accessories Shop Drawings 1.3 Shop Drawing None None 11200 Pneumatic Pump Warranty 1.3 Shop Drawing None O&M Manual 15050 HDPE Pipe, Fittings, and Valves Product Data and Certifications 1.3 Record Data None None 15090 Air Compressor, Desiccant Dryer, and Oil/Water Separator Product Data and Warranty 1.4 Record Data None O&M Manual Submittal Register Cefe Valenzuela Landfill — Gas Collection and Control System E16289 0133 01-1 07-03-2014 01 33 02 SHOP DRAWINGS 1.00 GENERAL 1.01 WORK INCLUDED A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Shop Drawings, Samples, or mockups. Contract modifications can only be approved by Change Order or Field Order. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Shop Drawings not meeting these criteria will be rejected. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents, or will be if deviations requested per Paragraph 1.10 are approved. C. Furnish and install products that fully comply with the information included in the document submittal. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 0140 00 Quality Control Plan 01 70 00 Closeout Documents 11200 Condensate Sump and Accessories Shop Drawings 11200 Pneumatic Pump Warranty 15090 Air Compressor, Desiccant Dryer, and Oil/Water Separator Shop Drawings 15090 Electrical Tie -In Schematic B. Include Shop Drawings in the Schedule of Documents required by SECTION 01 33 00 DOCUMENT MANAGEMENT to indicate the Shop Drawings to be submitted, the dates on Shop Drawings Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 33 02 - 1 11-25-2013 which documents are to be sent to the Designer for review and proposed dates that the product will be incorporated into the Project. C. Incorporate the dates for processing Shop Drawings into the Progress Schedule required by SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. 1. Submit Shop Drawings in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of Shop Drawings when preparing the Progress Schedule. Include time for making revisions to the Shop Drawings and resubmitting the Shop Drawing for a least a second review. Assume a 14 day review cycle for each time a Shop Drawing is submitted for review unless a longer period of time is indicated in the Contract Documents. 3. Schedule document submittals to provide all information for interrelated Work at one time. 4. Allow adequate time for ordering, fabricating, delivering, and installing product so construction of the Project is not delayed. D. Complete the following before submitting a Shop Drawing or Sample: 1. Prepare Shop Drawing Review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to Shop Drawings and Samples; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. E. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Shop Drawing; 2. Location of existing structures, utilities, and equipment related to the Shop Drawing have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Shop Drawing are complete for their intended purpose; and 5. Conflicts between the Shop Drawing related to the various Subcontractors and Suppliers have been resolved. Shop Drawings Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013302-2 11-25-2013 F. Review Shop Drawings prior to submitting to the Designer. Certify that all Shop Drawings have been reviewed by the Contractor and are in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Shop Drawings except for deviations specifically brought to the Designer's attention on an attached Shop Drawing Deviation Request form in accordance with Paragraph 1.10. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor's risk. Defective products may be rejected at the Owner's option. H. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Designer. 1.04 SHOP DRAWING REQUIREMENTS A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 2. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 3. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. B. Include a complete description of the product to be furnished, including: 1. Type, dimensions, size, arrangement, and operational characteristics of the product; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. C. Submit Shop Drawings that require coordination with other Shop Drawings at the same time. Shop Drawings requiring coordination with other Shop Drawings will be rejected until a complete package is submitted. 1.05 SPECIAL CERTIFICATIONS AND REPORTS A. Provide all required certifications with the Shop Drawings as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet Shop Drawings Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013302-3 11-25-2013 the requirements and is part of the Shop Drawing. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Shop Drawing. 2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the Site. List names, addresses, and telephone numbers of approved service organizations on or attach it to the certificate. 3. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product's intended use. 1.06 WARRANTIES AND GUARANTEES A. Provide all required warranties, guarantees, and related documents with the Shop Drawing. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with SECTION 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS. 1.07 SHOP DRAWING SUBMITTAL PROCEDURES A. Submit Shop Drawings through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Shop Drawing submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Shop Drawing submittal form is to be the first document in the file submitted. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. Shop Drawings Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013302-4 11-25-2013 d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the Shop Drawing. Submit Samples and color charts per Paragraph 1.08.A. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. g. i. Add footers to each document with the Project name. 3. Submit each specific product or class of material separately so these can be tracked and processed independently. Do not submit Shop Drawings for more than one product in the same Shop Drawing. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Shop Drawings. a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. c. Provide a legend for symbols used on Shop Drawings. 6. Mark Shop Drawings to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Use the following conventions to markup Shop Drawings for review: 1. Make comments and corrections in the color blue. Add explanatory comments to the markup. 2. Highlight items in black that are not being furnished when the Supplier's standard drawings or information sheets are provided so that only the products to be provided are in their original color. 3. Make comments in the color yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Shop Drawings Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013302-5 11-25-2013 Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Make comments in the color orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Include explanatory comments in the Shop Drawing Deviation Request form. 5. Mark dimensions with the prefix FD to indicate field verified dimensions on the Shop Drawings. C. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to request modifications to the Contract Documents, including those for approval of "or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. D. Designate a Shop Drawing as requiring priority treatment in the comment section of the Shop Drawing submittal form to place the review of the Shop Drawing ahead of other Shop Drawings previously delivered. Shop Drawings are typically reviewed in the order received, unless Contractor requests that a different priority be assigned. Priority Shop Drawings will be reviewed before other Shop Drawings for this Project already received but not yet reviewed. Use of this priority designation for Shop Drawings may delay the review of Shop Drawings previously submitted, pushing the processing of Shop Drawings beyond the 14 day target. Contractor is responsible for delays resulting from the use of the priority designation status on Shop Drawings. E. Complete the certification required by Paragraph 1.03. 1.08 SAMPLE AND MOCKUP SUBMITTAL PROCEDURES (NOT USED) A. Submit color charts and Samples for every product requiring color, texture, or finish selection. 1. Submit color charts and Samples only after Shop Drawings for the products have been approved. 2. Deliver all color charts and Samples at one time. 3. Provide Samples of adequate size to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices. 4. Indicate the full range of color, texture, and patterns. 5. Deliver color charts and Samples to the field office and store for the duration of the Project 6. Notify the Designer that color charts and Samples have been delivered for approval using the Notification by Contractor form. 7. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the Project schedule. 8. Remove Samples that have been rejected. Submit new Samples following the same process as for the initial Sample until Samples are approved. Shop Drawings Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013302-6 11-25-2013 9. Dispose of Samples when related Work has been completed and approved and disposal is approved by the Designer. At Owner's option, Samples will become the property of the Owner. B. Construct mockups for comparison with the Work being performed. 1. Construct mockups from the actual products to be used in construction per detailed Specification Sections. 2. Construct mockups of the size and in the area indicated in the Contract Documents. 3. Construct mockups complete with texture and finish to represent the finished product. 4. Notify the Designer that mockups have been constructed and are ready for approval using the Notification by Contractor form. Allow 2 weeks for OPT to approve of the mockup before beginning the Work represented by the mockup. 5. Remove mockups that have been rejected. Construct new mockups following the same process as for the initial mockup until mockup is approved. 6. Protect mockups until Work has been completed and accepted by the OPT. 7. Dispose of mockups when related Work has been completed and disposal is approved by the Designer. 1.09 REQUESTS FOR DEVIATION A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents. B. Submit requests for deviation using the Shop Drawing Deviation Request form provided. Identify each deviation request as a separate item. Include all requested deviations that must be approved as a group together and identify them as a single item. C. Include a description of why the deviation is required and the impact on Contract Price or Contract Times. Include the amount of any cost savings to the Owner for deviations that result in a reduction in cost. D. Submit as a Change Proposal prior to submitting the Shop Drawing if the deviation will result in a change in Contract Price or Contract Times. E. A Modification must be issued by the Designer for approval of a deviation. Approval of a requested Shop Drawing deviation by the Designer on the Shop Drawings Deviation Request form indicates approval of the requested deviation only on its technical merits as generally conforming to the Contract Documents. Deviations from the Contract Documents can only be approved by a Modification. 1.10 DESIGNER RESPONSIBILITIES A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Section for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with Shop Drawings Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013302-7 11-25-2013 the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per SECTION 01 33 03 RECORD DATA. c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. Shop Drawings Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013302-8 11-25-2013 g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Submit any requested deviation that requires as change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 1.10.8 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. 1.11 RESUBMISSION REQUIREMENTS A. Make all corrections or changes in the documents required by the Designer and resubmit to the Designer until approved. 1. Revise initial drawings or data and resubmit as specified for the original document. Shop Drawings Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013302-9 11-25-2013 2. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Designer. This will include changes previously highlighted or clouded in yellow to direct attention to Designer to items requiring selections or decisions by the Designer or highlighted or clouded in orange for a requested deviation from the Contract Documents. 3. Highlight and cloud new items in yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Highlight and cloud new items in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Numbering for these new items is to start with the next number following the last Shop Drawing deviation requested. Include explanatory comments in the Shop Drawing Deviation Request form. B. Pay for excessive review of Shop Drawings. 1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Review of Shop Drawings or Samples will be an additional service requiring payment by the Contractor if the Contractor submits a substitution for a product for which a Shop Drawing or Sample has previously been approved, unless the need for such change is beyond the control of Contractor. 3. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 4. A Set-off will be included in each Application for Payment to pay cost for the additional review to the Owner on a monthly basis. The Set-off will be based on invoices submitted to Owner for these services. 5. Need for more than one resubmission or any other delay of obtaining Designer's review of Shop Drawings will not entitle the Contractor to an adjustment in Contract Price or an extension of Contract Times. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Shop Drawings Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 33 02-10 11-25-2013 01 33 03 RECORD DATA 1.00 GENERAL 1.01 WORK INCLUDED A. Submit Record Data as required by the Contract Documents and as reasonably requested by the OPT. Provide Record Data for all products unless a Shop Drawing is required for the same item. B. Submit Record Data to provide documents that allow the Owner to: 1. Record the products incorporated into the Project for the Owner; 2. Review detailed information about the products regarding their fabrication, installation, commissioning, and testing; and 3. Provide replacement or repair of the products at some future date. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Record Data. Contract modifications can only be approved by Change Order or Field Order. D. Provide various reports or other documents that Contract Documents required be submitted for record purposes. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Record Data not meeting these criteria will be rejected. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 01 31 13 Record Documents 01 33 04 Construction Progress Schedule 01 33 05 Photographic Documentation 01 33 05 Video Recording 01 57 00 Environmental Protection Plan 01 57 00 Building and Construction Permit 02222 Blower/Flare Soil Fill Sample 02222 Road Base Aggregate Sample 02222 Coarse Aggregate Sample 02222 Well Aggregate Sample 02271 Seed Product Data and Certifications 02271 Mulch Product Data and Certifications 02271 Fertilizer Product Data and Certifications 02670 Wellhead and Accessories Product Data 02670 Bentonite Product Data 02830 Fencing and Gate Product Data Record Data Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 33 03 - 1 11-25-2013 Specification Section Record Data Description 02830 Fencing and Gate Certificates of Compliance 03300 Concrete Product Data 03300 Concrete Mix Design 11200 Condensate Sump Shop Drawings 11200 Condensate Forcemain Isolation Valves 11200 Air Supply Line Isolation and Blower -Off Valves 11200 Pneumatic Condensate Pump and Accessories Product Data 15050 HDPE Pipe, Fittings, and Valves Product Data and Certifications 15090 Air Compressor, Desiccant Dryer, and Oil/Water Separator Product Data and Warranty 15090 Electrical Components Product Data 15090 Materials List and Product for Equipment Connection B. Include Record Data in the Schedule of Documents required by SECTION 01 33 00 DOCUMENT MANAGEMENT to indicate the Record Data to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that the product will be incorporated into the Project. C. Complete the following before submitting Record Data: 1. Prepare Record Data and coordinate with Shop Drawings or Samples, other Record Data, and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. D. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Record Data; 2. Location of existing structures, utilities, and equipment related to the Record Data have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Record Data are complete for their intended purpose; and 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. Record Data Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013303-2 11-25-2013 E. Review Record Data prior to submitting to the Designer. Certify that all Record Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 1.04 RECORD DATA REQUIREMENTS A. Include a complete description of the material or equipment to be furnished, including: 1. Type, dimensions, size, arrangement, model number, and operational parameters of the components; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. 1.05 SPECIAL CERTIFICATIONS AND REPORTS A. Provide all required certifications with the Record Data as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Record Data. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Record Data. 1.06 WARRANTIES AND GUARANTEES A. Provide all required warranties, guarantees, and related documents with the Record Data. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with SECTION 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS. Record Data Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013303-3 11-25-2013 1.07 RECORD DATA SUBMITTAL PROCEDURES A. Submit Record Data through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. Submit color PDF documents where color is required to interpret the Record Data. e. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. g. i. Add footers to each document with the Project name. 3. Submit each specific product, class of material, or product separately so these can be tracked and processed independently. Do not submit Record Data for more than one system in the same Record Data. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Record Data. a. Use terms and symbols in Record Data consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Record Data. c. Provide a legend for symbols used on Record Data. 6. Mark Record Data to reference: a. Related Specification Sections, Record Data Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013303-4 11-25-2013 b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to request modifications to the Contract Documents, including those for approval of "or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved by a Modification. C. Complete the certification required by Paragraph 1.03. 1.08 DESIGNER'S RESPONSIBILITIES A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 1.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 1.02. Document will be given the status of "Filed as Received" and not further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per SECTION 01 33 02 SHOP DRAWINGS. b. The cursory review indicates that the document does not meet the requirements of Paragraph 1.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. Record Data Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013303-5 11-25-2013 c. The Record Data is not required by the Contract Documents nor is applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Record Data Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013303-6 11-25-2013 01 33 04 CONSTRUCTION PROGRESS SCHEDULE 1.00 GENERAL 1.01 REQUIREMENTS A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project or as requested by OPT. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Take the requirements of SECTION 01 35 00 SPECIAL PROCEDURES into consideration when preparing schedule. 1.02 DOCUMENT SUBMITTAL A. Submit Progress Schedules in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. B. Submit a preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre -construction conference. C. Submit a detailed schedule at least 10 days prior to the first payment request. D. Submit Progress Schedules updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 1.03 SCHEDULE REQUIREMENTS A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years' minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. Provide the schedule in the form of a computer generated critical path schedule which includes Work to be performed on the Project. It is intended that the schedule accomplish the following: 1. Give early warning of delays in time for correction. Construction Progress Schedule Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013304-1 11-25-2013 2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships. 3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities. 4. Provide continuous current status information. 5. Allow analysis of the Contractor's program for the completion of the Project. 6. Permit schedules to be revise when the existing schedule is not achievable. 7. Log the progress of the Work as it actually occurs. D. Prepare a time scaled CPM arrow or precedence diagram to indicate each activity and its start and stop dates. 1. Develop Milestone dates and Project completion dates to conform to time constraints, sequencing requirements and Contract completion date. 2. Use calendar day durations while accounting for holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate the critical path for Work to complete the Project. E. Provide a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The chart is to indicate: 1. Complete sequence of construction by activity; 2. Identification of the activity by structure, location, and type of Work; 3. Chronological order of the start of each item of Work; 4. The activity start and stop dates; 5. The activity duration; 6. Successor and predecessor relationships for each activity; 7. A clearly indicated single critical path; and 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the first day of each month. F. Provide a schedule incorporating the Schedule of Documents provided in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT indicating: 1. Specific dates each document is to be delivered to the Designer. 2. Specific dates each document must be received in order to meet the proposed schedule. 3. Allow a reasonable time to review documents, taking into consideration the size and complexity of the document, other documents being processed, and other factors that may affect review time. 4. Allow time for re -submission of the each document. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous Construction Progress Schedule Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013304-2 11-25-2013 documents and for time lost when documents are submitted for products that do not meet Specification requirements. 1.04 SCHEDULE REVISIONS A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and c. Anticipated time required to bring the Project back on schedule. 2. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Times approved by Modification. 1. Include a revised schedule with Change Proposals if a change in Contract Times is requested. 2. OPT will deem any Change Proposal that does not have a revised schedule and request for a change in Contract Times as having no impact on the ability of the Contractor to complete the Project within the Contract Times. C. Updating the Project schedule to reflect actual progress is not considered a revision to the Project schedule. D. Applications for Payment may not be recommended for payment without a revised schedule and if required, the report indicating the Contractor's plan for bringing the Project back on schedule. 1.05 FLOAT TIME A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. E. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. Construction Progress Schedule Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013304-3 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Construction Progress Schedule Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013304-4 11-25-2013 01 35 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 CONSTRUCTION SEQUENCE A. Perform the Work as required to complete the entire Project within the Contract Times stipulated below: 1. Crew and Equipment Mobilization; 2. Extraction Well Drilling and Installation; 3. Installation of GCCS Piping, Condensate Management System, and Respective System Connections; 4. GCCS Piping and Condensate Management System Pressure Tests; 5. Blower/Flare Facility Site Preparation, Grading, and Foundations; 6. Blower/Flare Skid, Compressor, and Associated Electrical Installation and Connection, including Interconnecting Piping, Fittings, and Valves; 7. Propane Tank and Interconnecting Piping; 8. Blower/Flare Facility Surface Completion and Fence/Gates; 9. Blower/Flare Facility Validation and Functional Testing; and 10. Completion of Punch List Items identified during Substantial Completion Inspection. B. Consider the sequences, duration limitations, and governing factors outlined in this Section to prepare the schedule for the Work. C. Perform the Work not specifically described in this Section as required to complete the entire Project within the Contract Times. 1.02 PLAN OF ACTION A. Submit a written plan of action for approval for shutting down essential services. These include: 1. Electrical power, if necessary; 2. Road crossings; and 3. Other designated functions. B. Describe the following in the plan of action: 1. Scheduled dates for construction; 2. Work to be performed; 3. Utilities, piping, or services affected; 4. Length of time the service or utility will be disturbed; Special Procedures Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 35 00 - 1 11-25-2013 5. Procedures to be used to carry out the Work; 6. Plan of Action to handle emergencies; 7. List of manpower, equipment, and ancillary supplies; 8. Backups for key pieces of equipment and key personnel; 9. Contingency plan that will be used if the original schedule cannot be met; and C. Submit plan 72 hours prior to beginning the Work. 1.03 CRITICAL OPERATIONS (NOT USED) A. The Owner has identified critical operations that must not be out of service longer than the designated maximum time out of service and/or must be performed only during the designated times. B. Submit a written plan of action per Paragraph 1.02 for approval for critical operations. C. Work affecting critical operations is to be performed on a 24-hour a day basis until Owner's normal operations have been restored. D. Provide additional manpower and equipment as required to complete the Work affecting critical operations within the allotted time. E. Liquidated damages will be assessed if Work on critical operations is not completed within the time indicated. 1.04 OWNER ASSISTANCE (NOT USED) 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013500-2 11-25-2013 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION 1.00 GENERAL 1.01 WORK INCLUDED A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. 5. Employ a professional photographer approved by the OAR to photograph the Project. 6. Provide one aerial photograph of the Site from an angle and height to include the entire Site while providing adequate detail. C. All photographs, video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 1.02 QUALITY ASSURANCE A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 1.03 DOCUMENT SUBMITTAL A. Submit photographic documentation as Record Data in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. B. Submit two DVDs of the video recording as Record Data in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. Video and Photographic Documentation Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 33 05 - 1 11-25-2013 2.00 PRODUCTS 2.01 PHOTOGRAPHS A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. C. Provide a digital copy on a DVD of each photograph taken. D. Identify each photo with: 1. Project name. 2. Date, time, location, and orientation of the exposure. 3. Description of the subject of photograph. 2.02 VIDEO RECORDING A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. DVD shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. H. Pipeline projects should be recorded linearly from beginning to end. 3.00 EXECUTION (NOT USED) END OF SECTION Video and Photographic Documentation Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 013305-2 11-25-2013 0140 00 QUALITY MANAGEMENT 1.00 GENERAL 1.01 CONTRACTOR'S RESPONSIBILITIES A. Contractor shall submit a Quality Control Plan to comply with this Section. B. Implement the Contractor's Quality Control Plan to control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 1. Inspect products to be incorporated into the Project. Ensure that Suppliers have adequate quality control systems to ensure that products that comply with the Contract Documents are provided. 2. Integrate quality control measures into construction activities to produce Work which meets quality expectations of the Contract Documents. Inspect the Work of the Contractor, Subcontractors, and Suppliers. Correct Defective Work. 3. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the OPT to provide testing that demonstrates that products proposed in Shop Drawings and Record Data for the Project fully comply with the Contract Documents. 4. Provide facilities, equipment, and Samples required for quality control inspections and tests, as defined in the individual specifications, as the Contractor's responsibility. All other testing required for materials will be performed by the OAR, at the expense of the Owner: a. Give the OAR adequate notice before proceeding with Work that would interfere with inspections or testing; b. Notify the OAR and testing laboratories prior to the time that testing is required, providing adequate lead time to allow arrangements for inspections or testing to be made; c. Do not proceed with any Work that would impact the ability to correct defects or Work that would require subsequent removal to correct defects until testing services have been performed and results of tests indicate that the Work is acceptable; d. Cooperate fully with the performance of sampling, inspection, and testing; e. Provide personnel to assist with sampling or to assist in making inspections and field tests; f. Obtain and handle Samples, as directed by OAR, for testing at the Site or at the production source of the product to be tested; g. Provide adequate quantities of representative products to be tested to the OAR's specified laboratory at the designated locations; h. Provide facilities required to store and cure test Samples (if applicable); i. Provide calibrated scales and measuring devices for the OPT's use in performing inspections and testing (if applicable); Quality Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0140 00 - 1 11-25-2013 j. Provide adequate lighting to allow OPT observations; and k. Make Contract Documents available to testing agencies when requested. 5. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT's Quality Management Activities per Paragraph 1.02. 6. Document Defective Work though Certified Test Reports and Defective Work Notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 7. Apply quality control measures to documentation provided for the Project. 8. Implement countermeasures to prevent future Defective Work. C. Perform tests as indicated in this and other Sections of the Specifications as the Contractor's responsibility. Technical Specifications govern if any testing and inspection requirements of this Section conflict with the testing and inspection requirements of the technical Specifications. D. All verification testing is to be observed by the OAR or designated representative. E. Send test reports to the Designer. F. Provide an update on quality control activities at the request of the OPT or at progress meetings required by SECTION 01 31 13 PROJECT COORDINATION. G. Owner will withhold payment for Defective Work, or Work that has not been tested or inspected in accordance with the Contractor's Quality Control Plan, the OPT's Quality Control Program, or the Contract Documents. H. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. Contractor is responsible for all cost with replacing any acceptable Work that must be removed, or might be damaged by corrective actions. 1.02 QUALITY MANAGEMENT ACTIVITIES BY THE OPT A. OPT will perform its own quality assurance inspections, documentation, and tests independent of the Contractor's Quality Control Program. Assist the OPT and applicable testing organizations in performing quality assurance activities per Paragraph 1.01. B. Quality assurance inspection and/or testing performed by the OPT will be paid for by the Owner, except for verification testing required per Paragraph 1.07. C. Quality assurance activities of the OPT, through their own forces or through contracts with consultants and materials testing laboratories are for the purpose of monitoring the results of the Contractor's Work to see that it is in compliance with the requirements of the Contract Documents. Quality assurance activities or non-performance of quality assurance activities by the OPT do not: 1. Relieve the Contractor of its responsibility to provide Work or furnish products that conform with the requirements of the Contract Documents; 2. Relieve the Contractor of its responsibility for providing adequate quality control measures; Quality Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0140 00 - 2 11-25-2013 3. Relieve the Contractor of its responsibility for damage to or loss of Work or products before OPT's acceptance; 4. Constitute or imply OPT's acceptance; and 5. Affect the continuing rights of the Owner after OPT's acceptance of the completed Work. D. Work is subject to OPT's quality assurance observations and/or testing at any time. Products which have been tested and/or inspected and approved by OPT at a supply source or staging area may be inspected and/or tested again by the OPT before, during or after incorporation into the Work and rejected if products do not comply with the Contract Documents. 1.03 CONTRACTOR'S USE OF OPT'S TEST REPORTS A. The technical specifications indicate the OPT's anticipated quality assurance testing that will be performed for this Project. The technical specifications outline only the testing in general terms and may not reflect actual testing. Actual testing will depend on the Contractors means, methods and procedures of construction which will not be known until the Contractor begins Work and submits their own Quality Control Plan for review. There is no guarantee that all testing will be performed. B. Contractor will receive copies of all test reports documenting OPT's quality assurance activities. The performance of quality assurance testing by OPT does not relieve the Contractor from performing testing required by the material Manufacturer or Contractor, as specified in the individual technical specifications. Contractor is entitled to rely on the accuracy of these tests results and use these as part of their quality control efforts. C. Contractor is to determine testing and/or inspections that may be required to implement the Contractor's Quality Control Plan. Include cost for testing and/or inspections required to meet Contractors quality control obligations, including the cost for correcting Defective Work in the Contract Price. 1.04 DOCUMENTATION A. Provide documentation which includes: 1. Contractor's Quality Control Plan that establishes the methods of assuring compliance with the Contract Documents. Submit this plan as a Shop Drawings per SECTION 01 33 02 SHOP DRAWINGS. 2. A Statement of Qualification for any proposed testing laboratories that includes a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, equipment used with date of last certification, and a list of recent projects for which testing has been performed with references for those projects. 3. Provide Certified Test Reports for products to be incorporated into the Project. Provide reports to indicate that proposed products comply with the Contract Documents or indicate that proposed products do not comply with the Contract Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per SECTION 01 33 02 SHOP DRAWINGS. Quality Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0140 00 - 3 11-25-2013 4. Provide Certified Test Reports for inspection and testing required in this Section and in other Technical Specification Sections. Provide reports to indicate that Work complies with the Contract Documents or indicate that Work does not comply with the Contract Documents they are not in compliance and why it does not comply. Submit these test reports on forms provided per SECTION 01 33 00 DOCUMENT MANAGEMENT. 1.05 STANDARDS A. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) "Recommended Requirements for Independent Laboratory Qualifications." B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 1.06 DELIVERY AND STORAGE A. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, processing test specimens as required by test standard to maintain the integrity of Samples. 1.07 VERIFICATION TESTING FOR CORRECTED DEFECTS A. Provide verification testing on Work performed to correct Defective Work to demonstrate that the Work is now in compliance with the Contract Documents. Document that Defective Work has been corrected and verify that the OAR closes the item in the Defective Work Register. B. Pay for verification testing. OPT may perform verification testing as part of their Quality Management Activities and impose a Set-off to recover the cost for this testing. C. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. 1.08 TEST REPORTS A. Certified Test Reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and Contractor; b. Name of the laboratory, address, and telephone number; c. Name and signature of the laboratory personnel performing the test; d. Description of the product being sampled or tested; e. Date and time of sampling, inspection, and testing; f. Date the report was issued; Quality Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 014000-4 11-25-2013 g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling, if performed at the Site; i. Location at the Site or structure where the test was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; I. Statement of compliance or non-compliance with the Contract Documents; and m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor, Subcontractors or Suppliers on the forms provided by the OAR. 3. OPT will prepare test reports on test performed by the OPT. B. Send test report to Designer within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. C. Payment for Work may be withheld until test reports indicate that the Work is not Defective. 1.09 DEFECTIVE WORK A. Immediately correct any Defective Work or notify the OAR why the Work is not to be corrected immediately and when corrective action will be completed. B. No payment will be made for Defective Work. Remove Work from the Application for Payment if Work paid for on a previous Application for Payment is found to be Defective. 1.10 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY A. The testing laboratory representatives are limited to providing testing services and interpreting the results of the test performed. B. The testing laboratory is not authorized to: 1. Alter the requirements of the Contract Documents; 2. Accept or reject any portion of the Work; 3. Perform any of the duties of the Contractor; or 4. Direct or stop the Work. 1.11 QUALITY CONTROL PLAN A. Submit the Contractor's Quality Control Plan for approval as a Shop Drawing per SECTION 01 33 02 SHOP DRAWINGS. Use Contractor's Quality Control Plan Checklist provided to review the document before submitting and include a copy of the completed checklist with the Contractor's Quality Control Plan. Do not begin Work until the Contractor's Quality Control Plan is approved. Submit an interim plan covering only the portion of Work to be performed if the Contractor plans to begin Work prior to submitting the Contractor's Quality Control Plan for the Project. Do not begin Work on other parts of the Project until Quality Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0140 00 - 5 11-25-2013 the Contractor's Quality Control Plan is approved or another interim plan covering the additional Work to be started is approved. B. Provide a Contractor's Quality Control Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The Contractor's Quality Control Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager; 3. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function; 4. Procedures for scheduling, reviewing, certifying, and managing documentation, including documentation provided by Subcontractors and Suppliers; 5. Control, verification, and acceptance testing procedures for each specific test. Include: a. Name of tests to be performed, b. Specification paragraph requiring test, c. Parameters of Work to be tested, d. Test frequency, e. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; 6. Integrate the OPT's quality assurance testing into the Contractor's Quality Control Plan, specifically identifying the tests or inspections in Paragraph 1.11.6.5 that will be provided by the OPT as part of their Quality Management Activities; 7. Procedures for tracking and documenting quality management efforts. 8. Procedures for tracking Defective Work from initial identification through acceptable corrective action. Indicate how documentation of the verification process for deficiencies will be made. 9. Reporting procedures which incorporate the use of forms provided by the OAR. 10. The name of the proposed testing laboratories along with documentation of qualifications per Paragraph 1.04. C. The Quality Control Manager must have authority to reject Defective Work and redirect the efforts of the Contractor's Team to prevent or correct Defective Work. D. Notify the Designer of any changes to the Contractor's Quality Control Plan or quality control personnel. E. Contractor's Quality Control Plan shall be submitted before pre -construction conference (see Section 01 31 13 PROJECT COORDINATION) to discuss the Contractor's Quality Control Plan at this meeting and expedite its approval. Quality Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0140 00 - 6 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION 3.01 IMPLEMENT CONTRACTOR'S QUALITY CONTROL PLAN A. Perform quality control observations and testing as required in each Section of the Specifications and where indicated on the Drawings. B. Includes the following phases for each definable Work task. A definable Work task is one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be Work by the same trade in a different environment. 1. Planning Phase: Perform the following before beginning each definable Work task: a. Review the Contract Drawings. b. Review documents and determine that they are complete in accordance with the Contract Documents. c. Check to assure that all materials and/or equipment have been tested, submitted, and approved. d. Examine the work area to assure that all required preliminary Work has been completed and complies with the Contract Documents. e. Examine required materials, equipment, and Sample Work to assure that they are on hand, conform to Shop Drawings and Record Data, and are properly stored. f. Review requirements for quality control inspection and testing. g. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the Work task. h. Check that the portion of the plan for the Work to be performed incorporates document review comments. i. Conduct an informal meeting attended by the Quality Control Manager, superintendent, other quality control personnel (i.e., OPT representative) as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. j. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed. Quality Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0140 00 - 7 11-25-2013 d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate. e. Repeat the Work phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met. 3. Follow-up Phase: Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements: a. Make checks daily and record observations in the quality control documentation. b. Conduct follow-up checks and correct all deficiencies prior to the start of additional Work tasks that may be affected by the Defective Work. Do not build upon nor conceal Defective Work. c. Conduct a review of the Work one month prior to the expiration of the correction period prescribed in the General Conditions with the OPT. Correct defects as noted during the review. C. Conduct additional planning and Work phases if: 1. The quality of on-going Work is unacceptable; 2. Changes are made in applicable quality control staff, on-site production supervision or crews; 3. Work on a task is resumed after a substantial period of inactivity; or 4. Other quality problems develop. END OF SECTION Quality Management Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0140 00 - 8 11-25-2013 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide temporary facilities, including the Contractor's field offices, OPT's field office storage sheds, and temporary utilities needed to complete the Work, as applicable. B. Install and maintain temporary Project identification signs. Provide temporary on-site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 1.02 QUALITY ASSURANCE A. Provide a total electrical heating and cooling system of the OPT's field office capable of maintaining the following conditions, if applicable: 1. Heating: Minimum 75 degrees ID temp at 10 degrees ambient. 2. Cooling: Minimum 75 degrees ID temp at 105 degrees ambient. 3. Relative humidity: 48 to 54 percent. B. Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies, and obtain required certifications and permits for use, if applicable. 1.03 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds, if applicable. B. Locations and configurations of storage areas for material and equipment shall be approved by the OPT. C. Confine all operations including storage of materials, to approved area. Contractor is liable for any and all damage caused during such use of property of the Owner or others. D. Store materials in accordance with manufacturer's instructions. E. Store materials and equipment within boundaries of designated areas. Storage of gasoline or similar fuels must conform to state and local regulations and be limited to the areas approved for this purpose by the Owner. 1.04 JOB CONDITIONS (IF APPLICABLE) A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. C. Pay for the utilities used by temporary facilities during construction. D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. Temporary Facilities and Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0150 00 - 1 11-25-2013 E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. F. Remove services and facilities when approved by the OAR. G. Operate temporary facilities in a safe and efficient manner. 1. Restrict loads on temporary services or facilities to within their designed or designated capacities. 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. 3. Prevent freezing of pipes, flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 TEMPORARY FIELD OFFICES (FIELD OFFICE NOT REQUIRED) A. The Contractor must furnish the OPT with a field office at the Site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30 inches by 60 inches and two chairs. The Contractor shall move the field office on the Site as required by the OAR. The field office must be furnished with a telephone (with 24-hour per day answering service) and fax machine paid for by the Contractor. There is no separate pay item for the field office. B. Furnish a field office of adequate size for Contractor's use. Provide conference room space for a minimum of 15 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 2.02 TEMPORARY ROADS AND BENCHES A. Temporary roads are existing roads that are improved, or new roads constructed by Contractor for convenience of Contractor in the performance of the Work. B. Coordinate temporary road construction with OPT. C. If applicable, coordinate all road construction activities with local utilities, fire and police departments. D. Construction of temporary benches required for drilling LFG extraction wells are the responsibility of the Contractor, at no additional cost to the Owner. Temporary Facilities and Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015000-2 11-25-2013 E. Provide erosion and sedimentation control consistent with SECTION 01 57 00 — TEMPORARY CONTROLS. F. Maintain suitable grades and radii of curves to facilitate ease of movement of vehicles and equipment. G. Furnish and install longitudinal and cross drainage facilities including, but not limited to, the ditches, structures, pipes and the like. H. Clean equipment so mud or dirt is not carried onto public roads. Clean any mud or dirt transported by equipment onto paved roads both onsite and offsite. I. Maintain roads, stockpiles, and staging areas by watering during all operating hours and when directed by OPT. 2.03 CONSTRUCTION EQUIPMENT A. Erect, equip, and maintain all construction equipment in accordance with all applicable statutes, laws, ordinances, rules, and regulations or other authority having jurisdiction. B. Construction equipment and temporary work must conform to all the requirements of State, County, and Local authorities, OSHA, and underwriters which pertain to operation, safety, and fire hazard. Furnish and install all items necessary for conformity with such requirements, whether or not called for under separate sections of these Specifications. 2.04 TEMPORARY STORAGE BUILDINGS (IF APPLICABLE) A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.05 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet. B. Use these sanitary facilities. Do not use restrooms within existing or Owner -occupied buildings. C. Locate sanitary facility as approved by OPT. 2.06 TEMPORARY HEAT (IF APPLICABLE) A. Provide heating devices needed to protect buildings during construction. Provide fuel needed to operate the heating devices and attend the heating devices at all times they are in operation, including overnight operations. 2.07 FIRST AID FACILITIES A. Provide first aid equipment and supplies to serve all Contractor personnel at the Site. Temporary Facilities and Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015000-3 11-25-2013 2.08 SECURITY A. Make all necessary provisions and be responsible for the security of the Work and the site until final inspection and acceptance of the Work unless otherwise approved by the OPT. 2.09 TEMPORARY UTILITIES A. Provide the temporary utilities for administration, construction, testing, disinfection, and start-up of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities. 1. Provide a source of temporary electrical power of adequate size for construction procedures. a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the OAR for approval prior to installation. b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company. 2. Provide telephone service to the Site or provide cell phones to Contractor's Project Manager and Superintendents and provide said phone numbers to OPT. 2.10 WATER FOR CONSTRUCTION A. Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from an on-site water hydrant. Include the cost of water in the Contract Price. B. Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre -construction meeting. The Contractor will keep a copy of the Plan on the Site throughout construction. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Owner will furnish two Project signs to be installed by the Contractor. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. Temporary Facilities and Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015000-4 11-25-2013 3.03 TEMPORARY LIGHTING A. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. B. Provide portable flood lights at any time that Work will be performed at night. Provide adequate lighting at any location Work is being performed. 3.04 DRINKING WATER A. Provide all field offices or employees with potable water during performance of the Work. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE (NOT USED) A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds, utilities, roads and benches, construction equipment, and sanitation facilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. D. Repair damage to roads caused by or resulting from the Contractor's work. 3.07 MAINTENANCE AND JANITORIAL SERVICE A. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. B. Repair any damage to Work caused by placement or removal of temporary signage. END OF SECTION Temporary Facilities and Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015000-5 11-25-2013 01 57 00 TEMPORARY CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment, and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. B. Construct temporary channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. C. Provide labor, materials, equipment, and incidentals necessary to prevent stormwater pollution for the duration of the Project, in accordance with the Landfill's existing Storm Water Pollution Plan, all requirements of the Texas Commission on Environmental Quality (TCEQ), and Laws and Regulations. Provide and maintain erosion and sediment control structures as required to preventive sediment and other pollutants from the Site from entering any stormwater system including open channels. Remove pollution control structures when no longer required to prevent stormwater pollution. 1.02 QUALITY ASSURANCE A. Construct and maintain temporary controls with adequate workmanship using durable materials to provide effective environmental management systems meeting the requirements of the Contract Documents and Laws and Regulations. Use materials that require minimal maintenance to prevent disruption of construction activities while providing adequate protection of the environment. B. Periodically inspect systems to determine that they are meeting the requirements of the Contract Documents. 1.03 DOCUMENT SUBMITTAL A. Provide documents requiring approval by the OPT as Shop Drawings in accordance with SECTION 01 33 02 SHOP DRAWINGS. B. Provide copies of notices, records, and reports required by the Contract Documents or Laws and Regulations as Record Data in accordance with SECTION 01 33 03 RECORD DATA. C. Prior to the start of any construction activities, the Contractor shall submit an Environmental Protection Plan detailing all methods of control and preventive measures to be utilized for environmental protection specified herein. D. Building and construction permits. At a minimum these will be required for the Work performed at the blower/flare facility, including but not limited to, concrete foundations, fencing, windstorm, and electrical tie-ins. Temporary Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 01 57 00 - 1 11-25-2013 1.04 STANDARDS A. Perform Work to comply with the City of Corpus Christi Code of Ordinances, Part III, Chapter 14, Article X - titled "STORM WATER QUALITY MANAGEMENT PLANS" and any other applicable Laws and Regulations. 1.05 PERMITS (NOT USED) A. Submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving stormwater discharges from the Site: 1. Notice of Intent (NOI) at least 48 hours prior to beginning construction activity. Construction activity may commence 24 hours after the submittal of an electronic NOI. 2. Notice of Change (NOC) letter when relevant facts or incorrect information was submitted in the NOI, or if relevant information in the NOI changes during the course of construction activity. 3. Notice of Termination (NOT) when the construction Project has been completed and stabilized. B. Post a copy of the NOI at the Site in a location where it is readily available for viewing by the general public and as required by Laws and Regulations prior to starting construction activities and maintain the posting until completion of the construction activities. C. Maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the SWPPP. 1.06 STORMWATER POLLUTION CONTROL A. Return any property disturbed by construction activities to either specified conditions or pre -construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work, in accordance with the Technical Specifications. B. Assume sole responsibility for the means, methods, techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation controls. Modify the system as required to effectively control erosion and sediment. 1. At a minimum silt fence and/or hay bales shall be installed for soil erosion and sedimentation control down -gradient of soil stockpiles or land disturbances that have the potential to drain to down -gradient outlet structures or offsite water bodies. 2. Construct and install stabilized construction exits to prevent tracking of mud onto paved roadways. 3. Machine compact all berms, dikes and embankments, as necessary. 4. Install other erosion control features as necessary to control erosion and sedimentation, as directed by the Owner or Engineer, at no additional cost to City. Temporary Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015700-2 11-25-2013 1.07 POLLUTION CONTROL A. Prevent the contamination of soil, water, or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air -borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-site locations in a manner approved by regulatory agencies. 2. Excavate contaminated soil and dispose at an off-site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site. 4. Comply with Laws and Regulations regarding the disposal of pollutants. C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge -contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non -contained form, or enter non -contaminated areas of the Site. 1. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the OAR. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. 3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. 1.08 CONTROL OF DUST A. The control of dust shall mean that no construction activity shall take place without applying all such reasonable measures as may be required to prevent particulate matter from becoming airborne so that it remains visible beyond the limits of construction. Reasonable measures may include paving, frequent road cleaning, and application of water. B. Utilize methods and practices of construction to eliminate dust in full observance of agency regulations. C. The Engineer and Owner will determine the effectiveness of the dust control program and may request the Contractor to provide additional measures, at no additional cost to Owner. 1.09 BURNING A. Do not burn material on the site. Temporary Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015700-3 11-25-2013 1.10 CONTROL OF NOISE A. Control noise by fitting equipment with appropriate mufflers. 1.11 EARTH CONTROL A. Control stockpiled materials to eliminate interference with Contractor and Owner's operations. 1.12 OZONE ADVISORY DAYS (NOT APPLICABLE) A. Do not conduct roofing, priming, or hot -mix paving operations, except for repairs, on days the City Engineer has notified Contractor that an ozone advisory is in effect. An extension of time will be allowed for each day for which priming or hot mix paving was scheduled, crews were prepared to perform this Work and the City Engineer issued ozone alert prevents this Work. Contractor will be compensated at the unit price indicated in the Bid for each day for which an extension of time was granted due to an ozone alert. 1.13 SOLID WASTE DISPOSAL A. Collect solid waste generated from construction activities routinely during each day of construction, but at a minimum prior to departing the site on a daily basis. B. Dispose of degradable solid waste at the working face of the Landfill. However, prior to disposal of material at the Landfill, the Contractor shall notify the Landfill Manager. C. Dispose of non -degradable, non -hazardous solid waste at the Landfill working face or to an alternate site approved by Owner and regulatory agencies. D. Contractor will not be charged a tipping fee for solid waste generated during construction activities at the Owner's Landfill. E. Waste materials shall not be left exposed overnight. 1.14 MANAGEMENT OF WATER A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times. B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, and other water control devices as necessary to remove excess water. C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management. D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site. E. Remove the temporary construction and restore the Site in a manner acceptable to the OAR and to match surrounding material at the conclusion of the Work. Temporary Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015700-4 11-25-2013 1.15 SPECIAL CONTROLS A. Protection of existing groundwater wells, gas monitoring probes, and landfill appurtenances. 1. Prior to beginning construction, locate and mark all existing groundwater wells, gas monitoring probes, and other landfill appurtenances in the vicinity of the Work. 2. Notify the OPT and Engineer immediately of any groundwater wells, gas monitoring probes, and landfill appurtenances that interfere with the completion of the Work. 3. Inform employees of groundwater wells, gas monitoring probes, and other landfill appurtenances, and the importance of protecting these from damage. 4. Contractor shall protect all groundwater wells, gas monitoring probes, and other landfill appurtenances located in the vicinity of the Work from damage, and repair any damage caused by Work performed under this contract at no cost to the Owner. B. Protection of existing easements, rights-of-way, utilities, and other structures. 1. Prior to beginning Work, locate -locate easements, right-of-ways, utilities and other structures (i.e. overhead electrical, leachate forcemain, manholes, culverts, and/or discharge structures, etc.) that are adjacent or cross the Work area, and provide temporary markers designating these facilities. 2. Protect permanent and temporary markers, and replace if moved or lost during construction. 3. Coordinate with Owner regarding access to easements or right-of-ways, including routing construction traffic over easements or right-of-ways. 4. Owner of easements or rights-of-way reserve the right to prohibit accessing the construction area across or thru any easement or rights -of way, to limit access to select routes, or require temporary improvement to easement or right-of-way to facilitate access. 5. Owner shall not be liable for any costs, injury, damage or loss associated with disturbance, impact, or damage to facilities, regardless of whether the locations of the easements, rights-of-way, utilities, or other structures were properly or completely identified, or whether markers identifying such facilities were installed or maintained by Contractor. 6. Provide all necessary measures to protect such facilities from disturbance, impact or damage. C. Contractor shall acquire all necessary building and construction permits for completion of Work, including any necessary permits for placement of concrete foundations, fencing, windstorm, and electrical tie-ins, and related Work, as required by local, state, and federal agencies. Contractor shall submit these permits to the OPT and Engineer following receipt of such permits. The Owner is not responsible for any delays in Work associated with the Contractor not obtaining such permits in a timely fashion for execution of Work requiring building or construction permits. D. Contractor shall be aware that piping (header and condensate forcemain) crosses an existing leachate forcemain in two locations, as identified in the Construction Plans. Prior Temporary Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015700-5 11-25-2013 to installation of this portion of the header, the Contractor shall field -locate the forcemain at these two locations. The header pipe shall be installed with a minimum one (1) foot of clearance between the forcemain and proposed piping, while still maintaining the pipe slope and cover requirements. Any damage caused to the forcemain during construction shall be repaired by the Contractor, at the expense of the Contractor. 1.16 DEWATERING A. Storm water or groundwater that enters an excavation shall be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. B. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. C. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges storm water or groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, Petronilla Creek. 1.17 DISPOSAL OF CONTAMINATED GROUNDWATER (NOT USED) A. An allowance will be included in the Bid for the unanticipated disposal of contaminated groundwater. This allowance may not be needed but is provided in case contaminated groundwater is encountered during the course of the Project and does not meet the water quality requirements for discharge into the storm water or wastewater systems. This allowance includes all materials, tools, equipment, labor, transportation, hauling, coordination, and proper disposal of the contaminated water at an approved landfill, deep water injection well, or other site as agreed to by the Designer. B. The payment for this Work will be based on the Contractor's actual costs and will be negotiated. Payment will not include costs associated with routine management of water or dewatering, which is considered subsidiary to the appropriate Bid Items as described above in Article 1.14 and 1.16, respectively. 1.18 DISPOSAL OF HIGHLY CHLORINATED WATER (NOT USED) A. Dispose of water used for testing, disinfection, and line flushing. Comply with Owner's requirements and Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine, which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Comply with the requirements of all regulatory agencies in the disposal of all water used in the Project. Include a description and details for disposal of this water in a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES. Do not use the Owner's sanitary sewer system for disposal of contaminated water. Temporary Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015700-6 11-25-2013 1.19 WINDSTORM CERTIFICATION A. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by IBC 2009. Contractor shall be responsible for contracting with a licensed structural engineer in the State of Texas to perform all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. The Contractor shall be responsible for providing all necessary design/assembly documentation for all new windows, doors, louvers, etc. to the windstorm engineer/inspectors required to conform with the requirements of the Texas Department of Insurance. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required. END OF SECTION Temporary Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015700-7 11-25-2013 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 1.00 GENERAL 1.01 WORK INCLUDED A. Comply with requirements of the General Conditions and specified administrative procedures in closing out the Contract. 1.02 DOCUMENT SUBMITTAL A. Submit certifications and releases on forms provided. 1.03 SUBSTANTIAL COMPLETION A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. 1.04 FINAL INSPECTION A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and Execution and Closeout Requirements Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 0170 00 - 1 11-25-2013 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 1.06 if notified that the Project is complete and the Work is acceptable. 1.05 REINSPECTION FEES A. Owner may impose a Set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required. 1.06 CLOSEOUT DOCUMENTS SUBMITTAL A. Record Documents per SECTION 01 31 13 PROJECT COORDINATION. B. Warranties and bonds. C. Equipment installation reports on equipment. D. Shop Drawings, Record Data, and other documents as required by the Contract Documents. E. Evidence of continuing insurance and bond coverage as required by the Contract Documents. F. Final Photographs per SECTION 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 1.07 TRANSFER OF UTILITIES (NOT USED) A. Transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 1.08 WARRANTIES, BONDS, AND SERVICES AGREEMENTS A. Provide warranties, bonds, and service agreements required by SECTION 01 33 02 SHOP DRAWINGS or by the individual Specification Sections. B. The date for the start of warranties, bonds, and service agreements is established per the General Conditions. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. Execution and Closeout Requirements Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 017000-2 11-25-2013 1. Provide a log of all equipment covered under the 1 year correction period specified in the General Conditions and all products for which special or extended warranties or guarantees are provided. Index the log by Specification Section number on forms provided. Include items 2.e through 2.g below in the tabulation. 2. Provide a copy of specific warranties or guarantees under a tab indexed to the log. Each document is to include: a. A description of the product or Work item; b. The firm name, with the name of the principal, address, and telephone number; c. Signature of the respective Supplier or Subcontractor to acknowledge existence of the warranty obligation for extended warranties and service agreements; d. Scope of warranty, bond, or services agreement; e. Indicate the start date for the correction period specified in the General Conditions for each product and the date on which the specified correction period expires. f. Indicate the start date for extended warranties for each product and the date on which the specified extended warranties period expires. g. Start date, warranty or guarantee period, and expiration date for each warranty bond and service agreement; h. Procedures to be followed in the event of a failure; and i. Specific instances that might invalidate the warranty or bond. D. Submit digital copies of the documents to the Designer for review. E. Submit warranties, bonds and services agreements within 10 days after equipment or components placed in service. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Execution and Closeout Requirements Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 017000-3 11-25-2013 SECTION 02206 CEMENT STABILIZED SAND PART 1 GENERAL REQUIREMENTS 1.1 SECTION INCLUDES This Section includes the furnishing of all plant, labor, materials, and equipment, and the performance of all operations required for the placement of cement stabilized sand in accordance with the lines, grades, and cross sections shown on the construction plans. 1.2 RELATED SECTIONS A. Section 02222 — Excavation, Trenching, Backfilling, and Grading 1.3 SUBMITTALS A. Quality control testing of Portland cement stabilized sand shall be performed by OAR at the expense of the Owner. The Contractor shall identify the source of cement and sand, and ship samples prior to construction of both cement and sand to OAR's or third -party laboratory. B. Quality control testing to be performed will include: Soil Classification (ASTM D2487), Gradation (ASTM D4318), Atterberg Limits (ASTM D4318), and Standard Proctor (ASTM D698). Owner and Engineer reserve the right to require additional quality control tests of Portland cement stabilized sand if material delivered to site is materially different in gradation or composition than the specified material. Failing tests will be paid by the Contractor. Contractor may be required to remove and replace failing Portland cement stabilized sand, at the Contractor's expense. PART 2 PRODUCTS 2.1 CEMENT A. The cement shall be incorporated into the cement stabilized sand at a rate of two (2) sacks of Portland cement per cubic yard of sand. B. The cement incorporated into the cement stabilized sand shall be either Type I or II Portland cement conforming to ASTM Designation: C150, modified. 2.2 MIXING WATER A. Water for use in concrete of the cement stabilized sand for curing shall be free from oils, acids, organic matter or other deleterious substances and shall not contain more than 1000 parts per million of chlorides as CL nor more than 1000 parts per million of sulfates as SO4. B. Water from municipal supplies approved by the State Health Department will not require testing, but water from other sources will be sampled and tested before use in structural concrete. C. Test shall be made in accordance with the "Method of Test for Quality of Water to be Used in Concrete" (AASHTO Method T26), except where such methods are in conflict with provision of this specification. Revision 0 02206-1 SECTION 02206 CEMENT STABILIZED SAND 2.3 SAND A. Fine aggregate shall consist of clean, hard, durable, and uncoated particles of natural or manufactured sand or a combination thereof, with or without a mineral filler. It shall be free from frozen material or injurious amounts of salt, alkali, vegetable matter or other objectionable material and it shall not contain more than 0.5 percent by weight of clay lumps. B. When tested by approved methods, the material shall conform to the following gradation and have a Plasticity Index (PI) of NP to 10: Sieve Size Percent Passing 1/2" 100 No. 4 55-100 No. 10 40-100 No. 40 25-100 No. 200 10-20 PART 3 EXECUTION 3.1 MIXING METHOD A. Mix shall be prepared at a central mixing plant. Sand, cement, and water shall be dry -mixed in a pugmill of either the batch or continuous -flow type. B. The plant shall be equipped with feeding and metering devices which will add the sand, cement, and water into a mixer in the specified quantities. Sand and cement shall be mixed sufficiently to prevent cement balls from forming when water is added. Mixing shall continue until a uniform and intimate mixture of sand, cement, and water is obtained. 3.2 INSTALLATION A. The mixture shall be hauled to the construction site in suitable vehicles equipped with protective covers. Not more than 60 minutes shall elapse between the start of moist mixing and the start of placement. B. The mixture shall be placed on the moistened subgrade in a uniform 9 -inch compacted lift below the CMPs and then placed in 12 -inch compacted lifts thereafter. C. Not more than 30 minutes shall elapse between the placement of the preceding lift and subsequent lift D. Each lift of cement stabilized sand shall be uniform in thickness and surface contour, and in such quantity that the completed lift placement conforms to the entire length of the CMPs at the required grade and cross section depicted on the construction plans. 3.2 COMPACTION & FINISHING A. A vibratory hand tamping device shall be used by the Contractor for compaction of each lift of the stabilized sand to reduce void space. Each lift shall be compacted with to achieve a minimum 95 percent (standard Proctor) of the maximum dry density, in accordance with ASTM D698; and shall have a moisture content within plus 2 percent to minus 2 percent of the optimum moisture content, as determined by ASTM D698. B. Following completion of the final lift, the cement stabilized sand shall be allowed to cure at least three (3) days before placement of the overlying base aggregate, as described in Section 02222 — Excavation, Trenching, Backfilling, and Grading. Revision 0 02206-2 SECTION 02206 CEMENT STABILIZED SAND END SECTION Revision 0 02206-3 SECTION 02206 CEMENT STABILIZED SAND SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING PART 1 - GENERAL 1.1 DESCRIPTION OF WORK A. The Work specified in this Section includes the trenching and trench backfilling activities associated with installation of below -grade landfill gas (LFG) header and lateral piping, air supply line pipe, condensate forcemain pipe, and condensate sumps; and any other Work requiring excavation, trenching and trench backfill. B. Work under this Section includes excavation and trenching activities in municipal solid waste (MSW). C. No classification of type of excavated materials will be made. Excavation includes all soil, and waste materials if encountered, regardless of type, character, composition, moisture, or condition thereof. D. Contractor shall provide all labor, materials, soils, equipment and incidentals to excavate and trench designated areas, install piping and appurtenances, placement and compaction of backfill or fill materials, and regrade disturbed areas as shown on the Construction Plans, and described in this Section. E. Work under this section also includes necessary grading following backfilling activities and grading required for preparation of the blower/flare facility area, and subgrade preparation for construction of concrete foundations. 1.2 RELATED SECTIONS A. The following Sections of the technical specifications described related Work provided herein: 1. Section 00 72 00 - General Conditions 2. Section 00 73 00 - Supplemental Conditions 3. Section 01 31 00 — Project Management and Coordination 4. Section 01 40 00 — Quality Management 5. Section 01 57 00 — Temporary Controls 6. Section 02206 — Cement Stabilized Sand 7. Section 025412 — Prime Coat 8. Section 03300 — Concrete 9. Section 11200 — Condensate Management System 10. Section 15050 — HDPE Pipe, Fittings, and Valves Revision 0 02222-1 SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING 1.3 PROJECT CONDITIONS A. Existing structures within the project limits may include, but are not limited to above and below ground structures such as: 1. stormwater drainage structures and culverts; 2. groundwater monitoring wells and gas monitoring probes; 3. leachate riser pipes and forcemain; and 4. Utilities, including above -grade electric. B. This information has been obtained from existing records. It is not guaranteed to be correct or complete and is shown for the convenience of the Contractor. The Contractor shall perform an evaluation of the Site prior to excavation or trenching to determine the exact location of all structures and utilities. C. Structures shall be supported and protected from damage by the Contractor. If structures are broken or damaged, Contractor shall restore structures to their original condition at no additional cost to the Owner. Repair of damaged features or structures shall be approved by the Engineer and Owner. 1.4 SI 1E ACCESS A. Work shall be performed so as to not block or hinder site access, except as authorized by the Owner. Contractor shall be aware of ongoing landfill operations to avoid disruption of landfill operations, vehicle and equipment traffic, etc. B. Where execution of Work may interfere or hinder landfill operations, it is the Contractor's responsibility to communicate and coordinate with the Landfill Manager on such Work activities. In such situations, the Contractor shall coordinate with the Owner at least 72 -hours in advance, and obtain authorization from the Owner for the day and time of day such work will be performed. 1.5 SAFETY A. All Work shall be performed in strict accordance with the Health and Safety requirements set forth in SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION and the SECTION 00 72 00 GENERAL CONDITIONS and SECTION 00 73 00 SUPPLEMENTAL CONDITIONS. B. All work shall be performed in strict accordance with all local, State, U.S. Occupational Safety and Health Administration (OSHA) and other applicable Federal regulations regarding trenching operations and trench safety. C. Excavation may be made without sheeting and bracing within the limitations and requirements of the governmental agencies having jurisdiction. It is the Contractor's responsibility to perform all excavations and trenching in strict accordance with regulatory standards The Contractor shall be responsible for the condition of all excavations and trenching. All slides and caves shall be removed without extra compensation, at whatever time and under whatever circumstances that they may occur. D. All excavation shall comply with the applicable requirements as stated in the following: 1. OSHA excavation safety standards 29 CFR, 1926-650, subpart P. 2. Trench safety guidelines as specified by the Landfill Gas Division of the Solid Waste Association of North America (SWANA). Revision 0 02222-2 SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING PART 2 - PRODUCTS 2.1 HIGH DENSITY POLYETHYLENE PIPE AND FITTINGS A. Header, lateral, air supply, and condensate forcemain piping and condensate sumps installed in excavations and/or trenches shall conform to Section 15050 and Section 11200, respectively, of these specifications. B. Backfilling operations shall be performed to prevent damage, crushing, or collapse of installed piping and sumps. 2.2 SOIL BACKFILL AND FILL A. For excavations within the limits of the landfill or waste, to the maximum extent practical, Contractor shall separate excavated cover soils overlying refuse (if refuse is encountered) and reuse the clean soils for trench backfill. 'If refuse cannot be separated from the overlying soils, then the Contractor shall use clean soils for trench backfill from an on-site borrow source, as directed by the Owner. Under no circumstances shall waste be used for trench backfill. B. Beyond the reusable quantities of soil described above, the Contractor shall provide soil backfill material from onsite soil sources, as directed by the Owner. C. Soil fill required for the blower/flare facility shall be obtained from onsite soil sources, as directed by the Owner. D. Trench backfill or fill shall be clean soil, generally be free of sticks, roots, organic matter, angular rock, and stones larger than two (2) inches in any dimension. 2.3 AGGREGA 1ES Revision 0 A. Base aggregate shall be supplied and installed for road base for road crossing and the working surface of the blower/flare facility. Base aggregate shall consist of crushed limestone produced from oversize quarried aggregate, sized by rushing and produced from a naturally occurring single source meeting the requirements of TXDOT Type A, Grade 1-2 aggregate, meeting the specification requirements set forth in Item 247 of the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges. Crushed gravel or uncrushed gravel shall not be acceptable. No blending of sources and/or additive materials will be allowed. All acceptable material shall be screened and the oversize shall be crushed and returned to the screened material in such a manner that a uniform product will be produced which meets all the physical requirements for Grade 1-2 as specified in TxDOT Specification Item 247 "Flexible Base". Aggregate shall be free of recycled concrete, contaminated soil and other deleterious materials. 1. Aggregate shall conform to the following gradation: Sieve Size (inches) Percent Retained 1-3/4 0-10 7/8 10-35 3/8 30-65 No. 4 45-75 No. 40 65-90 B. Coarse aggregate beneath concrete foundations shall generally conform to the gradation of Size No. 57 consistent with ASTM D448. Aggregate shall be crushed rock free of recycled concrete, contaminated soil and other deleterious materials. 02222-3 SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING 1. Aggregate shall conform to the following gradation: Sieve Size (inches) Percent Passing 1-1/2 100 1 95-100 /2 25-60 No. 4 0-10 No. 8 0-5 C. Course aggregate shall have a soundness loss not exceeding 15 percent when subject to 5 cycles of magnesium sulfate soundness test in accordance with ASTM C88. D. Well aggregate shall be a 1 -inch by 3 -inch permeable aggregate material, clean, washed, rounded to sub - rounded, and free of organic matter consistent with Section 02670 — LFG Extraction Wells and Wellheads. Limestone will not be acceptable. 2.4 QUALITY CONTROL A. Quality control testing of soil fill and aggregates shall be performed by OAR at the expense of the Owner. The Contractor shall identify the source of aggregates, and ship samples of both soil fill and aggregates to OAR's or third -party laboratory. B. Quality control testing provided in Table 02222-1 will be performed for each aggregate and soil fill type incorporated into the project. Owner and Engineer reserve the right to require additional quality control tests of aggregate if material delivered to site is materially different in gradation or composition than the specified material. Failing tests will be paid by the Contractor. Contractor may be required to remove and replace failing aggregate or soil fill, at the Contractor's expense. Table 02231-1 Quality Control Tests Test Type Test Method Road Base Coarse Aggregate Well Aggregate Soil Fill Soil Classification ASTM D2487 X Atterberg Limits ASTM D4318 X X Standard Proctor ASTM D698 X Modified Proctor ASTM D1557 X Gradation ASTM C136 X X X Grain Size Analysis ASTM D422 Calcium Carbonate ASTM D3042 Modified X Soundness ASTM C88 X California Bearing Ratio ASTM D1883 X In-place Moisture and Density ASTM D6938 X X Revision 0 02222-4 SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING PART 3 — EXECUTION 3.1 PREPARATION A. Identify required lines, levels, contours and datum locations. B. Locate, identify, and protect existing utilities and structures from damage, as specified in Part 1.3 of this Section and SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. C. Prior to excavation install erosion and sedimentation controls, as required by field conditions and as specified in SECTION 01 57 00 TEMPORARY CONTROLS. 3.2 PRE -CONSTRUCTION LAYOUT A. As described in SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION, OAR shall perform a pre -construction survey stake -out. Although, the OAR will perform pre -construction and record surveys for the project, this does not relieve the Contractor of the responsibility to achieve the specified slopes, grades, and pipe soil cover. B. Prior to and following trenching, pipe installation, and placement of soil fill or backfill, Contractor shall confirm that lines and grades meet the specified slopes, grades, and pipe soil cover. 3.3 EXCAVATION A. Excavated cover material shall be separated from excavated refuse (when refuse is encountered) and any cover material free of refuse may be reused as backfill material, pursuant to the requirements of Part 2.2 of this Section. B. Waste materials, if encountered, shall be disposed by the Contractor at the working face of the landfill during normal operating hours, or as directed by the Owner. The Owner and Owner's Landfill Operator will not charge Contractor a tipping fee, but Contractor shall be responsible for all other costs, associated with waste disposal, including loading, unloading, hauling of waste, etc. At no time shall excavated waste be stockpiled adjacent to the excavations. C. Excavate to lines, grades and dimensions necessary to complete the Work. D. Trenching Tolerances: 1. Excavate to install pipes in straight runs at a uniform grade, without sags or humps, between vertical and horizontal control points in accordance with the Construction Plans and this Section. 2. Minimum trench width shall be as shown on the Construction Plans. 3. Maintain a minimum of 2 -foot of soil cover over the top of the pipe, except when approved by Engineer. E. Contractor may not excavate more trench daily than can be completely backfilled after installation of the pipe the same day. Excavations shall not be left open overnight. F. Contractor shall use appropriate survey/level instrumentation during excavation to ensure proper trench slope. Verification of installed pipe slope shall be as specified in Part 3.5. G. Minimum trench slopes shall be as shown on the Construction Plans or approved by the Engineer. All header and lateral piping shall be installed with at least 3 percent slope when installed within waste and 1.5 Revision 0 02222-5 SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING percent when installed outside of waste, unless otherwise indicated on the construction plans or approved by Engineer. 3.4 DEWATERING A. Water that enters excavations that contain refuse shall be considered landfill leachate and shall not be discharged to the ground or by other means that are typical for stormwater. Water in trench excavations that contain refuse shall be managed as landfill leachate or discharged as directed in advance by the Owner or Engineer. The Contractor shall provide and maintain pumps, sumps, suction and discharge lines, and other dewatering system components necessary to convey contaminated water to approved disposal locations at no additional cost to the Owner. B. The Contractor shall be aware that groundwater may be encountered in excavations outside the limits of waste. As such, the Contractor shall provide the means and methods for control and discharge of groundwater at no additional cost to the Owner for completion of the Work, as specified herein. 1. The Contractor shall, at all times during construction, provide and maintain proper equipment and facilities to remove surface water or groundwater from entering excavations. Provide and maintain pumps, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations or dewater excavations. Contractor shall keep such excavations dry so as to obtain a satisfactory foundation condition for all Work. 2. Do not allow water to accumulate in excavations or areas of fill placement. Remove water to prevent softening of foundation bottom, and soil changes detrimental to stability of subgrades and foundations. Subgrade soils which become soft, loose, "quick," or otherwise unsatisfactory for support as a result of inadequate dewatering or other construction methods shall be removed and replaced by crushed stone as required by the Engineer at the Contractor's expense. The bottom of excavations shall be firm and without standing water before placing structures or pipes. 3. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rainwater and water removed from excavations to collecting or runoff areas. Do not use trench excavations as temporary drainage ditches. C. Disposal of Water Removed by Dewatering System: 1. Water conveyed away or removed from excavations which has not contacted refuse materials shall be discharged to areas as approved by the Owner and Engineer. 2. Dispose of water by procedures approved by the Engineer in such a manner as to cause no inconvenience to the Owner or others involved in Work at the Site. 3. Water conveyed away or removed from excavations which has contacted refuse materials shall be disposed as specified in Part 3.4.A of this Section or as directed by the Owner. D. If pipe trenches or excavations become watered -in after placement of materials, but before backfilling, Contractor shall dewater the trench or excavation, demonstrate that the pipe bedding, sump bedding and/or pipe slope remain satisfactory, and upon approval by the Engineer, backfill the trench or excavation with clean dry soil in accordance with Part 2.2 of this Section. 3.5 PIPE CONFORMANCE SURVEY A. As described in SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION, OAR will perform record surveys of installed components, including but not limited to, all piping, fittings, and valves, condensate management components, electrical and propane lines, and concrete foundations. Revision 0 02222-6 SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING B. Prior to placement of soil backfill, OAR will confirm slope and soil cover requirements, as specified in the Specifications and Construction Plans. As such, Contractor shall provide access to OAR to perform record surveys during performance of the Work. C. If soil backfill has been placed prior to performance of record surveys, Contractor will be required to expose pipe, lines, etc. for such surveys, at no additional cost to the Owner. D. At a minimum, record surveys for below -grade facilities will be performed every 50 feet of installed pipe/line or more frequent for bends, fittings, and valves. Record surveys must be completed and approved by Engineer and OAR prior to Contractor demobilizing. 3.6 BACKFILLING A. Backfill materials shall be as described in Part 2.2 of this Section. B. Contractor shall notify the Owner and OAR prior to beginning backfilling. The OAR shall inspect all pipe, fittings and connections prior to approving backfilling. If Contractor backfills pipe without inspection of the pipe or record survey while pipe is installed in the open trench, Contractor shall uncover all un- inspected or un -surveyed buried pipe at no additional cost to the Owner. C. Backfilling procedures shall be modified as necessary, as approved by Engineer, in order to not displace (either horizontally or vertically) piping installed in trench during backfill placement. D. Place soil backfill in maximum 6 -inch lifts above pipe to the existing grade. Contractor shall compact soil backfill in 6 -inch lifts with a mechanical compaction device. Soil backfill shall be compacted by a minimum of three passes of the mechanical compaction device. The resulting degree of compaction or density of the soil backfill shall be that the surface elevation of the backfill material is not reduced by more than three-quarters of an inch. The Contractor shall perform additional passes of the compaction equipment to achieve the desired compaction results, as directed by the Owner or OAR. 3.7 BLOWER/FLARE FACILITY GRADING AND SI1'E PREPARATION A. Prior to placing soil fill, the area to be covered shall be stripped of all vegetation, and the material removed shall be disposed of off the job site. B. Contractor shall compact soil fill, including areas to receive concrete foundations, in uniform horizontal lifts no greater than 12 inches in thickness (compacted lifts). Each lift shall be compacted with a minimum of 3 complete passes (back and forth) with suitable compaction equipment to achieve a minimum 95 percent (standard Proctor) of the maximum dry density in accordance with ASTM D698. All structural fill shall have a moisture content within plus 4 percent to minus 2 percent of the optimum moisture content, as determined by ASTM D698. In-place density and water content test (ASTM D6938) shall be conducted at a rate of 2 tests per lift. C. Contractor shall grade and compact uniform levels and grades to promote positive drainage consistent with Drawing 11. Contractor shall note the grades shown on Drawing 11 of the Construction Plans represents final grade or top of base aggregate surface. D. Contractor shall place base aggregate under concrete foundations, and over the entire blower/facility area in accordance with the Construction Plans. Base aggregate installed over the prepared blower/facility subgrade shall be placed consistent with the following: 1. A 6 -inch -thick layer of base aggregate shall be placed over the prepared subgrade and non -woven geotextile of the blower/flare facility, as shown on the Construction Plans. Revision 0 02222-7 SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING 2. Aggregate shall be placed in a single uniform lift prior to rolling. Prior to final compaction bring material to required moisture content by sprinkling or other appropriate means. 3. Compact aggregate using a smooth drum -roller or other suitable equipment. Begin rolling longitudinally at the sides and proceed towards the center, overlapping successive trips by a least 1/2 the width of the roller unit. The Contractor shall perform a minimum of 3 successive trips with roller unit. One trip is defined as back and forth over the area with the roller unit. Additionally, trips with the roller may be required at the discretion of the Engineer. Correct irregularities, depressions, and weak spots. 4. After completing compaction, clip, skin, or tight -blade the surface with a maintainer or subgrade trimmer to a depth of approximately 1/4 inch. Remove loosened material (may be pushed to shoulder). Roll with a pneumatic tire roller until smooth surface is attained. Add moisture as required. 3.8 PAVED ROAD CROSSING PREPARATION AND CONSTRUCTION A. Contractor shall supply and install cement stabilized sand in accordance with Section 02206 — Cement Stabilized Sand and Detail 5 on Drawing 8. B. Road crossings shall be coordinated with site personal at least 72 -hours prior to construction. Separate paved road crossings shall not be constructed concurrently. C. Road Base for Paved Road Crossings Construction Methods: 1. Prior to placement of flexible base, the surface of the previous underlying course shall be finished true to grade and as established, and in conformity with Detail 5 on Drawing 8. Grading tolerance shall be generally 1/2 -inch, and highs and lows must approximately balance. 2. Road base shall be delivered and spread the same day if possible (no later than the next day). 3. Base shall be mixed as required to produce a uniform mixture with water. Base shall be placed in uniform lifts not to exceed 10 -inch loose lifts or 8 -inch compacted lifts. Each lift shall be compacted with suitable compaction equipment to achieve a minimum 98 percent (Modified Proctor) of the maximum dry density in accordance with ASTM D 1557. All road base fill shall have a moisture content within plus 2 percent to minus 2 percent of the optimum moisture content, as determined by ASTM D698. In-place density and water content test (ASTM D6938) shall be conducted at a rate of 2 tests per lift. The section may be accepted if no more than 1 of the 5 most recent moisture or density tests is outside of the specified limits, and the failed test is within ±1% deviation from specified moisture or density requirements. 4. The surface of the compacted base, after meeting moisture and density requirements, shall be primed in accordance with City Standard Specification Section 025412 — Prime Coat. 5. On completion of compaction and priming, the surface shall be smooth and conform to lines, grades, and sections shown on the drawings. Areas with any deviation in excess of 1/4 -inch in cross-section and in lengths of 16 feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping, and recompacting by repriming and rolling. 6. Moisture and density shall be maintained until the paving is complete. Excessive loss of moisture shall be prevented by sprinkling, sealing, or covering with a subsequent layer. Should the base, due to any reason or cause, lose the required stability, density, or moisture Revision 0 02222-8 SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING before it is protected by placement of the next layer, it shall be re -compacted, refinished, and retested at the expense of the Contractor until acceptable to the City. 3.9 GRADING DISTURBED AREAS A. Contractor shall regrade and return to their original condition, as determined by the Owner and Engineer, all areas disturbed by Contractor's Work. This includes, but is not limited to mts caused by construction equipment, soil stockpile areas, and landfill benches and terraces used for access. B. Contractor shall remove all temporary roads and benches (i.e., used for drilling activities) at no additional cost to Owner. C. Following completion of grading activities, the Contractor shall seed and mulch all disturbed areas outside of waste, as specified in Section 02271 — Seed, Fertilizer, and Mulch. END OF SECTION Revision 0 02222-9 SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING SECTION 02271 SEED, MULCH, AND FERTILIZER PART 1 GENERAL 1.1 SECTION INCLUDES A. Provide and place permanent seed, mulch, and fertilizer for areas disturbed outside the limits of waste during execution of Work. 1.2 RELATED SECTIONS A. Section 00 72 00 - General Conditions B. Section 00 73 00 - Supplemental Conditions C. Section 01 31 00 — Project Management and Coordination D. Section 01 40 00 — Quality Management E. Section 01 57 00 — Temporary Controls F. Section 02222 — Excavation, Backfill, Trenching, and Grading 1.3 SUBMITTALS A. Contractor shall submit a certification from the supplier that the fertilizer, seed, and mulch comply with the applicable TxDOT standards indicated in Part 2.1. The certification shall also include the supply source for materials as well as: 1. Name, trademark, analysis, form, and coverage for fertilizer. 2. Name, type, germination, purity, germination test results with date of test for seed. Additionally, the application rate consistent with TxDOT standards shall also be indicated. 3. Name, type, components and coverage for mulch. 1.4 REFERENCED STANDARDS A. TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, June 1, 2004. PART 2 PRODUCTS 2.1 MATERIALS A. Seed. Provide seed meeting the requirements of the Texas Seed Law, and in accordance with Section 164.2 of the TxDOT Standard Specifications. Use tables in Section 164.2 for seed selection. B. Fertilizer. Fertilizer in accordance with Section 166.2 of the TxDOT Standard Specifications. C. Cellulose Fiber Mulch. Use only cellulose fiber mulches that are on TxDOT's approved list published in "Field Performance of Erosion Control Products" (copy available for supplier or from TxDOT Maintenance Division). Revision 0 02271-1 SECTION 02271 SEED AND MULCH PART 3 EXECUTION 3.1 PREPARATION A. Cultivate (scarify) areas to be seed and mulch to a depth of 4 inches. B. Apply seed and mulch according to the methods and mixes provided for the specific soil type in Section 164.3 of TxDOT Standard Specification. C. Apply fertilizer consistent with applicable TxDOT standards D. No heavy equipment shall be moved over seeded areas unless area is to be retilled and reseeded. 3.2 WATERING AND MAIN PENANCE A. Continue watering per supplier's recommendation, until established seed germination occurs and initial stand of grass is obtained. Repair any areas that are damaged, eroded, or do not germinate. END OF SECTION Revision 0 02271-2 SECTION 02271 SEED AND MULCH SECTION 025404 ASPHALTS, OILS AND EMULSIONS 1. DESCRIPTION This specification shall govern all work for asphalt cement, cut-back and emulsified asphalts, performance -graded asphalt binders, and other miscellaneous asphaltic materials required to complete the project. 2. MATERIALS When tested according to Texas Department of Transportation Test Methods, the various materials shall meet the applicable requirements of TxDOT Specification Item 300, "Asphalts, Oils, and Emulsions" (Latest Edition). 3. STORAGE, HEATING AND APPLICATION TEMPERATURES Store and apply asphaltic materials in accordance with TxDOT Item 300 (Latest Edition) at the lowest temperature yielding satisfactory results. Follow the manufacturer's instructions for any agitation requirements in storage and in application and storage temperatures. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, asphalts, oils and emulsions shall not be measured and paid for separately, but shall be considered subsidiary to the appropriate bid item. 025404 Page 1 of 1 Rev. 10-30-2014 SECTION 025412 PRIME COAT 1. DESCRIPTION This specification shall consist of an application of asphalt material on the completed base course and/or other approved area in accordance with this specification. Prime Coat shall not be applied when the air temperature is below 60° F and falling, but it may be applied when the air temperature is above 50° F and is rising; the air temperature being taken in the shade and away from artificial heat. Asphalt material shall not be placed when general weather conditions, in the opinion of the Engineer, are not suitable. 2. MATERIALS The asphalt material used for the prime coat shall be MC -30 medium -curing cutback asphalt or AE- P asphalt emulsion prime, unless otherwise specified, and when tested by approved laboratory methods shall meet the requirements of City Standard Specification Section 025404 "Asphalts, Oils and Emulsions". Blotter material shall be native sand. 3. CONSTRUCTION METHODS When, in the opinion of the Engineer, the area and/or base is satisfactory to receive the prime coat, the surface shall be cleaned of dirt, dust, and other deleterious matter by sweeping or other approved methods. If found necessary by the Engineer, the surface shall be lightly sprinkled with water just prior to application of the asphalt material. The asphalt material shall be applied on the clean surface by an approved type of self-propelled pressure distributor so operated as to distribute the material in the quantity specified, evenly and smoothly under a pressure necessary for proper distribution. The Contractor shall provide all necessary facilities for determining the temperature of the asphalt material in all of the heating equipment and in the distributor, for determining the rate at which it is applied, and for securing uniformity at the junction of two distributor loads. All storage tanks, piping, retorts, booster tanks and distributors used in storing or handling asphalt material shall be kept clean and in good operating condition at all times, and they shall be operated in such manner that there will be no contamination of the asphalt material with foreign material. It shall be the responsibility of the Contractor to provide and maintain in good working order a recording thermometer at the storage -heating unit at all times. The distributor shall have been recently calibrated and the Engineer shall be furnished an accurate and satisfactory record of such calibration. After beginning of the work, should the yield on the asphalt material applied appear to be in error, the distributor shall be calibrated in a manner satisfactory to the Engineer before proceeding with the work. Prime shall be applied at a temperature within the recommended range per City Standard 025412 Page 1 of 2 Rev. 10-30-2014 Specification Section 025404 "Asphalts, Oils and Emulsions", with that range being 70 to 150 degrees F. Application rate shall be not less than 0.15 gallon per square yard, unless otherwise specified. The Contractor shall be responsible for the maintenance of the surface until the Engineer accepts the work. No traffic hauling or placement of any subsequent courses shall be permitted over the freshly applied prime coat until authorized by the Engineer. Spread blotter material before allowing traffic to use a primed surface. Allow sufficient time for the prime coat to cure properly before applying surface treatment or asphaltic concrete pavement. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, prime coat shall be measured by the gallon of asphalt material applied. Payment shall include furnishing, heating, hauling and distributing the asphalt material as specified; for furnishing, spreading and removing sand blotter material; for all freight involved; and for all manipulation, labor, materials, tools, equipment and incidentals necessary to complete the work. 025412 Page 2 of 2 Rev. 10-30-2014 SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS PART 1 - GENERAL 1.1 DESCRIPTION OF WORK A. The Contractor shall provide all equipment, materials, and labor needed to install vertical landfill gas (LFG) extraction wells as specified herein and as indicated on the Construction Plans. B. It is expected that combustible methane gas will be venting from boreholes drilled into waste for the installation of gas extraction wells. The Contractor's bid price shall include provisions for all equipment and procedures necessary to safely install wells under this condition. 1.2 RELATED SECTIONS A. Section 00 72 00 - General Conditions B. Section 00 73 00 - Supplemental Conditions C. Section 01 31 00 — Project Management and Coordination D. Section 01 40 00 — Quality Management E. Section 01 57 00 — Temporary Controls F. Section 15050 — HDPE Pipe, Fittings, and Valves 1.3 SUBMITTALS A. The Contractor shall prepare and submit to the Engineer for review and approval product data on wellhead assemblies, orifice plates, and connection materials (flex hose, power clamps, etc.), and manufacturer's brochures containing complete information and instructions pertaining to the storage, handling, installation, and inspection of wellhead assemblies and other appurtenances furnished. B. The Contractor shall submit to the Engineer for review and approval product data for bentonite. C. The Contractor shall identify the source of well aggregate and ship representative sample to the OAR's third -party laboratory. Additionally, the Contractor shall also submit to Engineer, a certification from aggregate supplier that the aggregate complies with the specification provided herein at least 7 days before delivery of aggregate to the site. 1.4 REFERENCES A. ASTM C 136 - Standard Test Method for Sieve Analysis of Final and Coarse Aggregates B. ASTM D 422 - Standard Test Method for Particle -Size Analysis C. JLT-S-105-89 - Degradation of Landfill Drainage Materials Due to Carbonate Content 02670-1 SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS PART 2 - PRODUCTS 2.1 MATERIALS A. Backfill Materials: 1. Well aggregate: Consist of permeable aggregate material, clean, washed, rounded to sub rounded, and free of organic matter. Limestone will not be acceptable. The aggregate shall have a calcium carbonate content less than 15 percent (in accordance with the J&L method or ASTM D3042 modified to use a solution of hydrochloric acid having a pH of 5). The material shall meet the following gradation requirements: U.S. Sieve Size Range of Percent Passing 3 inch 100 2 inch 50 to 95 l inch 0 to 20 /2 inch 0 2. Soil backfill material shall be clean soil, general free of sticks, roots, organic matter, angular rock, and stones larger than 1 inch in any dimension. Soil backfill shall be obtained from onsite soil sources as directed by the Owner. 3. `Bentonite Plug" as shown on the Construction Plans, shall refer to a well seal comprised of hydrated sodium bentonite pellets or chips of a thickness indicated on the Construction Plans. a. Bentonite material shall be Volclay bentonite 3/8 -inch chips or larger as produced by the American Colloid Company, or Engineer -approved equal. b. The `Bentonite Plug" shall consist of a mixture of bentonite and water. The mixture shall consist of ten (10) gallons of water per 50 pounds of bentonite or as recommended by manufacturer. 4. Mixing of bentonite and water may be performed in the wellbore. Bentonite shall be hydrated in lifts not to exceed 6 inches. The lower bentonite plug shall be hydrated downhole in 6 -inch lifts with a ridged pipe. B. Well casings (solid and perforated pipe) shall be High Density Polyethylene (HDPE) pipe in accordance with Section 15050 — HDPE Pipe, Fittings, and Valves. C. Wellhead assemblies shall be vertical orifice -plate style wellhead assemblies, QED Quick -Change Orifice Plate Wellhead (Model No. ORP215) or Engineer -approved equal. Wellhead assemblies shall be equipped with or be capable of the following: 1. Orifice flow measurement. Wellhead assemblies shall be equipped stainless steel orifice plates with at a minimum 0 4, 0.5, 0.75, 1, 1.25, and 1.4 -inch orifice plates (QED Part No 40640 or Engineer - approved equal). 2. Monitoring ports located above and below the orifice plate housing and on the vacuum side of the control valve. 3. Wellheads shall be connected using the appurtenances shown on the construction plans, including but not limited to, SolarguardTM Flex hose or Engineered -approved equal, Fernco fittings, and power -lock clamps. Adhesives or glues are prohibited. Revision 0 02670-2 SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS PART 3 - EXECUTION 3.1 DRILLING A. The Contractor shall coordinate the start of drilling with the Owner and the OAR). B. The Contractor shall provide a thoroughly experienced, competent driller during all drilling operations. C. The OAR will survey and stake the well locations prior to drilling consistent with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION, related to pre -construction survey. Well locations will be approved and may be adjusted by the Engineer prior to beginning drilling. If well locations vary from that indicated on the Construction Plans, the Engineer shall be immediately notified. D. Prior to commencement of drilling and during drilling CQA procedures shall be followed as specified in Part 3.2 of this Section. E. The Contractor must use dry drilling equipment. Wet rotary drilling equipment may not be used. F. The Contractor is responsible for construction and removal of drilling pads and/or benches, at no additional cost to Owner. G. Wells are to be drilled to the depth and diameter as shown on the Construction Plans. Under no circumstances are the drilling depths from the well schedule on the Construction Plans to be exceeded unless approved by the Engineer in advance. 1. If during drilling of a borehole, an obstruction is encountered, the driller shall use all reasonable means to advance the drilling. If the drilling rate falls to less than 2 feet per hour, and the well cannot be completed as shown in the well schedule, the Engineer shall be consulted as to whether the borehole has advanced to a sufficient depth for completion. 2. Wet Borings: a. If water is encountered in a boring, the Contractor may be directed to drill beyond the point at which it was encountered. If wet conditions remain, the boring may be terminated and the length of perforated pipe adjusted by the Engineer. If wet conditions cease (e.g., due to a perched water layer), then drilling will continue to the design depth. b. If water is encountered in a boring at a shallow depth, the Engineer may decrease the well depth and length of perforated pipe, or relocate the well. 3. Abandoned Borings: If, in the opinion of the Engineer, the borehole has not reached a sufficient depth to function as an effective extraction well, the Contractor shall abandon the borehole by backfilling it with cuttings removed during drilling. If cuttings are unsuitable as backfill (for example, box springs, tires, etc.) the Contractor shall use soil backfill material. A 2 -foot thick bentonite plug will be placed in the borehole when the depth is 4 feet below the existing grade. The remaining 2 feet of the borehole will then be filled with soil material and compacted to approximately match the elevation of the existing grade. 4. If the Engineer adds or deletes a well, or adjusts the depth of a well, either less than or greater than the depth shown on the well schedule, the Contractor will be compensated or will credit the Owner per foot of variance according to the unit price for this pay item. H. The borehole for the well shall be straight and the well pipe shall be installed in the center of the borehole. The Contractor shall take all necessary precautions to maintain the well pipe vertically plumbed during the Revision 0 02670-3 SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS backfill operation of the bored hole to the satisfaction of the Engineer. If the pipe installed is out of plumb, as determined by the Engineer, the Contractor, at their own expense, shall correct the alignment. I. If well construction is not completed by the end of the working day, the hole shall be covered with a plate of sufficient thickness and with a sufficient overlap to prevent access to the hole and to support expected loads. The edges of the plate shall be covered with a sufficient thickness of moistened soil to prevent the escape of gas. Barricades shall be placed around the covered hole or covered with the bucket from the drilling rig. 3.2 CONSTRUCTION QUALITY ASSURANCE (CQA) A. The surveyed elevations shall be written on the stakes in the field by the OAR along with the well ID. Survey data (northing, Basting, and elevation) will be provided to the Design Engineer for reevaluation of the well schedule provided in the Construction Plans. B. The surveyed ground elevations shall be reviewed by the Design Engineer and the well schedule shall be revised and re -issued to the Contractor. C. The OAR shall walk the site and verify the well stakes and elevations. D. The OAR shall "sign off' on the Well Schedule indicating that the actual ground elevations have been incorporated into the Well Schedule, and the drilling depths have been reviewed. E. The OAR shall verify the calculations required to set the Well Schedule to make sure that it is accurate. F. The OAR shall review the Well Schedule with the Driller and General Contractor. The Driller and General Contractor shall "sign off' on the Well Schedule indicating that the actual ground elevations have been incorporated into the Well Schedule, and the drilling depths have been reviewed. If there is any question or confusion regarding the information on the Well Schedule, sequencing of well construction, or any other construction details, the Engineer and the OAR should be contacted immediately for clarification. In no case should drilling proceed until all parties are in concurrence regarding the well drilling details. G. Once the drill rig is set up on the well, the OAR must again verify that the elevation on the stake is the same as on the Well Schedule. H. The OAR and Driller must verify the drill depth for each well prior to drilling each well. I. The OAR will complete a well boring log and prepare a well completion record for each well during drilling and completion of the well, respectively. 3.3 JOINING OF PIPES A. Pipes shall be joined as specified in Section 15050 — HDPE Pipe, Fittings, and Valves. 3.4 BACKFILLING A. Backfilling of the well shall commence immediately after well drilling is completed and the well piping has been installed. Backfill materials shall be placed carefully within the wells to the dimensions shown on the Construction Plans and as approved by the Engineer. The Engineer or OAR, on the basis of a visual examination, may reject gravel and soil backfill containing foreign material. Both well piping and backfill shall be installed with a safety grate installed over the boring as approved by the Engineer. B. Place aggregate in the well borehole to the elevations indicated on the Construction Plans, specifically 1 - foot above perforated HDPE well casing. Place aggregate following installation of HPDE well casing. Do Revision 0 02670-4 SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS not cap well casing to allow aggregate fines to escape from piping. Hold or anchor HDPE well casing in center of borehole to allow an even distribution of aggregate around well casing. C. The bentonite plug shall be backfilled in 6 -inch lifts. Prior to placing each lift, the Contractor shall soak the in-place bentonite in accordance with manufacturer's recommendations. The lower bentonite plug shall be hydrated downhole in 6 -inch lifts with a ridged pipe. D. Contractor shall reduce clod size of soil backfill to prevent bridging of soils in the borehole and damage to well casing. Soil backfill shall be evenly distributed in the borehole to reduce post -construction settlement of soils E. The OAR shall inspect the extraction well borings 4 to 6 weeks after completion of the final well. Excessive settlement (6" or more below surrounding grade) in the boring shall be repaired by the Contractor by adding compacted fill around the well casing at no additional cost to the Owner. 3.5 TEMPORARY CAP A. Following well completion, the Contractor shall temporarily cap the riser pipe of the vertical extraction well to prevent direct venting of landfill gas through the riser pipe. The temporary cap shall be removed during the installation of the wellheads. 3.6 WAS I DISPOSAL A. The Contractor shall dispose of construction waste, including well cuttings, at the working face of the landfill. B. Contractor shall coordinate with Owner for disposal of waste at the working face, as directed by the Owner. C. The Contractor shall remove spoils routinely during well drilling. Waste will not be permitted to be stockpiled adjacent to the borehole. 3.7 RISER PIPE COMPLETION AND WELLHEAD INSTALLATION A. Each well shall have either a minimum 3 -foot riser pipe above existing grade as shown on the Construction Plans. The riser pipe above existing grade shall have a yellow adhesive identification label with the extraction well ID in 3 -inch black letters placed on the riser pipe. B. Wellhead assembly shall be installed on the vertical extraction well in accordance with the manufacturer's recommendations. Care shall be taken not to damage or impact the wellhead during installation. If a wellhead assembly is damaged during installation, Contractor shall replace it at no cost to the Owner. C. The wellhead shall be connected to the lateral pipe riser using SolarguardTM flex hose or Engineered - approved equal and power -lock clamps, as shown on the Construction Plans. 3.8 RE -GRADING AND CLEANUP A. Restore areas disturbed by drilling to original grade conditions, including the removal of any earthen drilling pads. B. Uniformly grade and restore areas to original condition or better. C. Contractor shall clean up the area around each well to the satisfaction of the Owner/Engineer of any waste materials left from drilling activities. Revision 0 02670-5 SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS END OF SECTION Revision 0 02670-6 SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS SECTION 02830 CHAIN LINK FENCE AND GATES PART 1 - GENERAL 1.1 DESCRIPTION A. The work under this Section shall consist of furnishing all materials and constructing chain link fence and gates at the locations and in accordance with the details shown on the Construction Plans. The chain link fence shall be constructed in accordance with the requirements of these specifications. B. The type and height of chain link fence to be constructed is shown on the Construction Plans. Chain link fence shall be constructed of zinc -galvanized coated steel posts, fabric, hardware, and fittings. 1.2 SUBMITTALS A. The following specific information shall be provided: 1. Product data in the form of manufacturer's technical data, specifications, and installation instructions for all individual components including gates; hardware; fabric, including reinforcements and attachments; and accessories, including posts, rails, and fittings. 2. Certificates of Compliance with these specifications signed by the manufacturer shall be submitted for all materials. PART 2 - PRODUCTS 2.1 GENERAL A. Post, rails, rods, fabric, fittings, and hardware shall be hot -dipped, zinc -galvanized steel. Repair of damaged galvanized metal by galvo welding offsite, or by cold galvanized high - zinc content paint. B. Single -Source Responsibility: Obtain chain link fences and gates as complete units, including necessary erection accessories, fittings, and fastenings from a single source or manufacturer. C. Fence components shall be galvanically compatible. 2.2 MATERIALS A. Fence Posts: Post shall be zinc -coated round pipe conforming to the requirements of ASTM A 53, Type E or S, Grade A, Standard Weight, Schedule 40. Steel posts shall have been fabricated with a nominal thickness, before galvanizing, of not less that 0.111 inch. Post shall have provisions to securely hold the top tension wire in position and allow for removal and replacement of a post without damaging the top tension wire. Post shall be fitted with rain- proof tops. Posts shall be of the following sizes: 1. Corner and gate posts shall be 3 -inch diameter; 2. Line posts shall be 2 -inch diameter; and 3. Brace tubes and top rails shall be 1 -1/2 -inch diameter. Revision 0 02830-1 SECTION 02830 CHAIN LINK FENCE AND GATES B. Fence Fabric: Steel wire constituting the fence fabric shall meet the minimum breaking strength requirements of AASHTO M181, Table 2 for Type I or II wire when tested in accordance with AASHTO Method T68. Chain link fabric shall comply with the following: 1. Zinc -galvanized steel fabric shall conform to the requirements of ASTM A 392, Class 1 coating. 2. The wire used in the manufacture of the fabric shall be 9 gauge. 3. Chain link fence fabric shall be woven throughout in the form of approximately two-inch square mesh. Fabric shall be furnished with bathing (twisting) on both selvage(s). C. Tension Wire and Fabric Fasteners: Tension wire shall be 9 gauge coil spring steel wire of good commercial quality with a minimum tensile strength of 75,000 pounds per square inch, and shall be zinc -galvanized. 1. Wire and fasteners shall have a minimum coating of 0.8 ounce per square foot of uncoated wire surface. 2. Tie wires, hog rings and post clips shall be good commercial quality that complies with ASTM F 626 and shall be of the same gauge as the fence fabric being fastened. The minimum weight of zinc coating shall conform to the requirements of ASTM A 392, Class 1 coating. D. Truss Rods and Tighteners: Truss rods and tighteners shall be fabricated from commercial quality steel and shall be zinc -galvanized in accordance with the requirements of AASHTO MI11. Truss rods shall be 3/8 inch diameter adjustable rods and require turnbuckle or other means of adjustment. Truss tighteners shall have a strap thickness of not less than 1/4 inch E. Miscellaneous Fittings and Hardware: Structural bars, stretcher bar bands, post caps and miscellaneous hardware shall be fabricated from commercial quality steel and shall be zinc - galvanized in accordance with the requirements of AASHTO M 111. Provide weather tight closure cap for each post. Provide rail ends or other means for attaching rails securely to each gate, corner, pull, and end post. Also provide zinc -galvanized steel top rail sleeves (minimum 6 inches long) and line and corner rail clamps for connecting intermediate rails in the fence line to line posts. Stretcher bars shall be 3/16 -inch by 3/4 -inch steel flat bars. Stretcher bar bands shall be 1/8- inch by 1 -inch preformed steel bands. Tension bars shall not be less than 2 inches shorter than the full height of the chain-link fabric. F. Barbed Wire and Support Arm: Barbed wire shall be of the size and type shown on the Construction Plans. Barbed wire support arm shall be fabricated from commercial quality steel, and shall be zinc galvanized in accordance with the requirements of AASHTO M 111. G. Gates: Gates shall be of the sizes shown on the Constructions Plans. Double -wing gates shall have a vertical member installed at the midway point of the gate. 1. Gate frames shall be constructed of not less than 1-1/2 inch steel pipe and interior vertical members shall be constructed of not less than 1 inch pipe. Pipe shall be zinc coated steel pipe conforming to the requirements of ASTM A 53, Standard Weight, Schedule 40, or shall be round pipe conforming to all of the requirements of AASHTO M 181 or Class 2 pipe. 2. Gate frames shall be fastened together at the corners by welding. Welding shall be performed in accordance with the requirements of the American Welding Society, Structural Welding Code, D1.1 and as modified by AASHTO Standard Specifications for Welding of Structural Steel Highway Bridges. Revision 0 02830-2 SECTION 02830 CHAIN LINK FENCE AND GATES 3. Truss rods and tighteners for the gate frames shall conform to the requirements specified herein under Part 2.2.D. 4. Fabric for the gates shall be of the same kind used for the adjoining chain link fence and shall be attached to the gate frame by the use of stretch bars, stretcher bands and tie wires as specified herein under Part 3.3. 5. Gates shall be hung by at least two steel hinges not less than 3 inches in width, so designed as to securely clamp to the gate post and permit the gate to be swung back against the fence. 6. Fabricate latches with integral eye openings for padlocking with the padlock accessible from both sides of gate. Padlocks and chains shall be Owner furnished. Stops to hold gates open shall be provided where required. H. Cast -in-place concrete shall comply with Section 03300 — Concrete. PART 3 - EXECUTION 3.1 INSPECTION A. The Contractor shall examine site and report in writing to Engineer any conditions detrimental to the proper and timely completion of the Work. The Contractor shall clear the fence lines of all obstructions that interfere with proper construction. Fence shall be constructed at the locations shown on Construction Plans. The Contractor shall not begin installation before final grading or surface preparation is completed, unless otherwise permitted by Engineer, and shall proceed with installation only after unsatisfactory conditions have been corrected, if applicable. 3.2 SETTING POST A. Line posts shall be equally spaced between corner post at not more than 10 -foot intervals, measured from center -to -center of post. B. All posts shall be set in concrete footings conforming to the details shown on the Construction Plans and crowned at the top to shed water. Extend concrete 2 inches above grade and shape to shed water for exposed concrete footings. Fence fabric shall not be attached to the post until the concrete has cured a minimum of 72 hours. C. Verify that posts are set plumb, aligned at correct height and spacing, and hold in position during placement and finishing operations until concrete is sufficiently cured. 3.3 INSTALLING FENCE FABRIC A. Locate terminal end, corner, and gate posts per ASTM F 567 and terminal pull posts at changes in horizontal or vertical alignment, as indicated on Construction Plans. Space line posts uniformly at no greater than 10 feet on -center as indicated on the plans. B. Install post bracing assemblies according to ASTM F 567, maintaining plumb position and alignment of fencing. Install braces between all corner and line posts. Locate horizontal braces at mid -height of fabric of fence with top rail. Install so posts are plumb when diagonal rod is under proper tension. C. Install tension wire according to ASTM F 567, maintaining plumb position and alignment of fencing. Pull wire taut, without sags. Fasten fabric to tension wire with 0.120 inch diameter Revision 0 02830-3 SECTION 02830 CHAIN LINK FENCE AND GATES hog rings of same material and finish as fabric wire, spaced a maximum of 18 inches on - center. Install tension wire in locations indicated before stretching fabric. Install bottom tension wire within 6 inches of bottom of fabric and tie to each post with not less than same gage and type of wire. D. Install top rail according to ASTM F 567, maintaining plumb position and alignment of fencing. Run rail continuously through line post caps, bending to radius for curved runs and terminating into rail end attached to posts or post caps fabricated to receive rail at terminal posts. Provide expansion couplings as recommended by fencing manufacturer. E. Install intermediate rails in one piece as indicated on Construction Plans, spanning between posts, using fittings, special offset fittings, and accessories. F. Apply chain link fabric to outside of enclosing framework. Leave 2 inches between finish grade or surface and bottom selvage, unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released. The distance from the top of the fabric to the top tension wire shall be 2 inches maximum. G. Thread tension or stretcher bars through fabric and secure to end, corner, pull, and gate posts with tension bands spaced not more than 14 inches on -center. H. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire at one end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other end to chain-link fabric per ASTM F 626. Bend ends of wire to minimize hazard to individuals and clothing. Tie fabric to line posts 12 inches on -center and to braces 18 inches on -center. I. Install nuts for tension bands and carriage bolts on the side of the fence opposite the fabric side. Peen ends of bolts or score threads to prevent removal of nuts. 3.4 GATE INSTALLATION A. Install gates according to manufacturer's written instructions, level, plumb, and secure for full opening without interference. Attach fabric as for fencing. Attach hardware using tamper- resistant or concealed means. Install ground -set items in concrete for anchorage. Adjust hardware for smooth operation and lubricate where necessary. B. Adjust gate to operate smoothly, easily, and quietly, free from binding, warp, excessive deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range. Confirm that latches and locks engage accurately and securely without forcing or binding. C. Lubricate hardware and other moving parts. 3.5 COMPLETION A. The installed chain-link fencing shall comply with ASTM F 567 and more stringent requirements specified. B. The area of installation shall be left neat and free of any debris caused by the fence construction. END OF SECTION Revision 0 02830-4 SECTION 02830 CHAIN LINK FENCE AND GATES SECTION 03300 CONCRETE PART 1 GENERAL 1.1 SECTION INCLUDES A. This Section specifies cast -in-place concrete, including formwork, reinforcing, mix design, placement procedures, and finishes. B. Cast -in-place concrete is required for flare and equipment skid foundations, and fence -post anchoring, as shown on the Construction Plans. C. Cast -in-place concrete is required for concrete ballast around the sumps and concrete collars, as shown on the Construction Plans. Reinforcement is not required for concrete ballast or collars. 1.2 RELATED SECTIONS A. Section 00 72 00 - General Conditions B. Section 00 73 00 - Supplemental Conditions C. Section 01 31 00 — Project Management and Coordination D. Section 01 40 00 — Quality Management E. Section 01 57 00 — Temporary Controls F. Section 02222 — Excavating, Trenching, Backfilling, and Grading G. Section 15090 — LFG Flare and Equipment Skid Installation and Start-up 1.3 SUBMITTALS A. Submit the following product data: 1. Product data for proprietary materials and items, including reinforcement and forming accessories, and others if requested by Engineer. 2. Material certificates in lieu of material laboratory test reports when permitted by Engineer. Manufacturer and Contractor shall submit written certification that each material incorporated into the cast -place -concrete structure complies with or exceeds the requirements specified herein 3. Submit concrete mix designs to Engineer at least 14 days prior to incorporating into Work. B. Each truckload of ready -mix concrete shall have a truck ticket listing, at a minimum, the following: 1. Mix identification and cement content 2. Type of admixtures, if any 3. Time loaded 4. Water quantity, in gallons or pounds Revision 0 03300-1 SECTION 03300 CONCRETE 5. Name of ready -mix plant 6. Invoice number 7. Date and truck number 8. Weight of fly ash, if any C. Truck tickets shall be maintained by Contractor, and a copy submitted to Engineer. D. Quality control and quality assurance testing, as specified in Part 3.8 of this Section, shall be performed at the expense of the Owner by the OAR. PART 2 PRODUCTS 2.1 FORM MA ILRIAL S A. Forms for Exposed Finish Concrete: Plywood, metal, metal -framed plywood faced, or other acceptable panel -type materials to provide continuous, straight, smooth, exposed surfaces. B. Form Release Agent: Provide commercial formulation form release agent with a maxim of 350 mg/1 volatile organic compounds (VOCs) that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.2 REINFORCING MATERIALS A. Reinforcing Bars: ASTM A 615, Grade 60, deformed, bars unless otherwise shown in the Plans. B. Supports for Reinforcement: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. Use wire plastic or bar -type supports complying with CRSI specifications. C. All reinforcement shall be free of any material which would reduce bonding with concrete. 2.3 CONCRETE MA 1ERIAL S A. Portland Cement: ASTM C 150, Type I with 28 -day break strength of 4,000 psi unless otherwise shown in the Construction Plans. B. Water: Potable. 2.4 RELATED MATERIALS A. Absorptive Cover: Burlap cloth made from jute or kenaf. 2.5 DESIGN MIX A. For plant -mix concrete, submit a mix design from a concrete supplier that has previously provided concrete to local foundation projects. B. Aggregates: Aggregates shall conform to ASTM C 33. Maximum size of the coarse aggregate shall be 3/4 inch Fine aggregates shall be natural materials, not manufactured sand. Revision 0 03300-2 SECTION 03300 CONCRETE C. For site -mix concrete to be batch -mixed at site, provide mix design and laboratory testing of mix demonstrating that mix characteristics are consistent with requirements of this Section. Use of batch - mixed concrete that has not been confirmation tested by independent laboratory is at Contractor's risk. D. Design concrete mix for cast -in-place concrete with following characteristics: 1. 4,000 psi (minimum), 28 -day compressive strength 2. Air content between 2 and 4 percent by volume. E. Slump Limits: Not more than 4 inches prior to introduction of superplasticizers. F. Use water reducing admixtures or high -range water -reducing admixtures (superplasticizers) in concrete, as required, for placement and workability. G. Mix design adjustments may be requested by Contractor when characteristics of materials, job conditions, weather, test results, or other circumstances warrant, as accepted by Engineer. Owner or Engineer may request additional laboratory test data, which shall be provided by Contractor at no additional cost to the Owner. 2.6 CONCRETE MIXING A. Job -Site Mixing: Mix concrete materials in appropriate drum -type batch machine mixer. For mixers of 1 cubic yard or smaller capacity, continue mixing at least 1-1/2 minutes, but not more than 5 minutes after ingredients are in mixer, before any part of batch is released. For mixers of capacity larger than 1 cubic yard, increase minimum 1-1/2 minutes of mixing time by 15 seconds for each additional cubic yard. 1. Provide batch ticket for each batch discharged and used in the Work, indicating Project identification name and number, date, mix type, mix time, quantity, and amount of water introduced. B. Plant -Mixed Concrete: Comply with requirements of ASTM C 94, and as specified. 1. When air temperature is between 85 deg F (30 deg C) and 90 deg F (32 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes, arid when air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. PART 3 EXECUTION 3.1 FORMS A. Construct forms to sizes, shapes, lines, and dimensions shown and to obtain accurate alignment, location, grades, level, and plumb work in finished structures. Provide for openings, offsets, sinkages, keyways, recesses, moldings, rustication, reglets, chamfers, blocking, screeds, bulkheads, anchorages and inserts, and other features required in the Work. Use selected materials to obtain required finishes. B. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips wood, sawdust, dirt, or other debris just before placing concrete. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. 3.2 PLACING REINFORCEMENT AND SMOOTH DOWELS A. General: Comply with Concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars," for details and methods of reinforcement placement and supports and as specified. Revision 0 03300-3 SECTION 03300 CONCRETE B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials that reduce or destroy bond with concrete. C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcing by metal chair runners, bolster spacers and hangers, as approved by Engineer. D. Place reinforcement to maintain minimum coverages as indicated for concrete protection. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete placement operations. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. 3.3 PREPARING FORM SURFACES A. General: Coat contact surfaces of forms with an approved, non -residual, low-VOC, form -coating compound before placing reinforcement. Do not allow excess form -coating material to accumulate in forms or come into contact with in-place concrete surfaces where fresh concrete will be placed. Apply according to manufacturer's instructions. 3.4 CONCRETE PLACEMENT A. Inspection: Before placing concrete, inspect and complete formwork installation, reinforcing steel, and items to be embedded or cast in. Notify other trades to permit installation of their work. B. General: Comply with ACI 304, "Guide for Measuring, Mixing, Transporting, and Placing Concrete," and as specified. C. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened sufficiently to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified by Engineer. Deposit concrete to avoid segregation at its final location. D. Placing Concrete in Forms: 1. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand -spading, rodding, or tamping. Use equipment and procedures for consolidation of concrete complying with ACI 309. 2. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations no further than the visible effectiveness of the machine. Place vibrators to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix to segregate. 3. Consolidate concrete during placement operations so that concrete is thoroughly worked around reinforcement, other embedded items and into corners. 4. Bring surfaces to correct level with a straight edge and strike off. Use bull floats or darbies to smooth surface free of humps or hollows. 5. Maintain reinforcing in proper position on chairs during concrete placement. E. Cold -Weather Placement: Comply with provisions of ACI 306 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. Revision 0 03300-4 SECTION 03300 CONCRETE F. When air temperature has fallen to or is expected to fall below 40 deg F (4 deg C), uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F (10 deg C) and not more than 80 deg F (27 deg C) at point of placement. 1. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise accepted in mix designs. G. Hot -Weather Placement: When hot weather conditions exist that would impair quality and strength of concrete, place concrete complying with ACI 305 and as specified. 1. Cool ingredients before mixing to maintain concrete temperature at time of placement to below 90 deg F (32 deg C). Mixing water may be chilled or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. 2. Cover reinforcing steel with water -soaked burlap if it becomes too hot, so that steel temperature will not exceed the ambient air temperature immediately before embedding in concrete. 3. Fog spray forms, reinforcing steel, and subgrade just before placing concrete. Keep subgrade moisture uniform without puddles or dry areas. 4. Use water -reducing -retarding admixture when required by high temperatures, low humidity, or other adverse placing conditions, as acceptable to Engineer. H. Forming of pipeline trenches is not required. Excavated trench walls shall serve as forms for the pipeline encasement pour (if applicable). 3.5 CONCRETE CURING AND PROTECTION A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. In hot, dry, and windy weather protect concrete from rapid moisture loss before and during finishing operations with an evaporation -control material. B Immediately after the finish operation has been completed and marring of the concrete will not occur, the entire surface of the newly placed concrete shall be cured in accordance with Section 308 of the ACI Standards Specifications. Failure to provide sufficient cover material of whatever kind the Contractor may elect to use, or lack of water to adequately take care of both curing and other requirements, shall be cause for immediate suspension of concreting operations. The concrete shall not be left exposed for more than 1/2 hour during the curing period. C. Where concrete is to be buried, it shall be allowed to cure a minimum of 24 hours prior to covering with soil. 3.6 REMOVING FORMS A. General: Formwork not supporting weight of concrete, such as sides of walls and similar parts of the work, may be removed after cumulatively curing at not less than 50 deg F (10 deg C) for 24 hours after placing concrete, provided concrete is sufficiently hard to not be damaged by form -removal operations, and provided curing and protection operations are maintained 3.7 CONCRETE SURFACE REPAIRS A. Repairing Unformed Surfaces: Test unformed surfaces for smoothness and verify surface tolerances specified for each surface and finish. Correct low and high areas as specified. Test unformed surfaces sloped to drain for trueness of slope and smoothness by using a template having the required slope. Revision 0 03300-5 SECTION 03300 CONCRETE 1. Repair finished unformed surfaces containing defects that affect the concrete's durability. Surface defects include crazing and cracks in excess of 0.01 inch wide or that penetrate to the reinforcement or completely through non -reinforced sections regardless of width, spalling, popouts, honeycombs, rock pockets, and other objectionable conditions. 2. Correct high and low areas in unformed surfaces by grinding after concrete has cured at least 14 days, as approved by the Engineer. 3.8 QUALITY CONTROL AND QUALITY ASSURANCE TESTING DURING CONSTRUCTION A. Sampling and testing for quality control and quality assurance during concrete placement shall include the following: 1. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94. a. Slump: ASTM C 143; one test at point of discharge for each day's pour of each type of concrete; additional tests when concrete consistency seems to have changed, as directed by the Engineer. b. Air Content: ASTM C 173, volumetric method for lightweight or normal weight concrete; ASTM C 231, pressure method for normal weight concrete; one for each day's pour of each type of air -entrained concrete. c. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F (4 deg C) and below, and when 80 deg F (27 deg C) and above. A minimum of one test per each day's pour of each type of concrete, with additional tests when the concrete properties have changed, as directed by the Engineer. d. Compression Test Specimen: ASTM C 31; one set of four standard cylinders at the intervals specified in the paragraph below, unless otherwise directed by the Engineer. Mold and store cylinders for laboratory -cured test specimens except when field -cured test specimens are required. Compression tests are only required for the equipment and flare foundations constructed during the Work. e. Compressive Tests: ASTM C 39; one set of four standard cylinders for each day's pour for concrete placed; one specimen is to be tested at 7 days, two specimens are to be tested at 28 days and one specimen is to be retained in reserve for later testing if required. B. Test results will be reported in writing within 24 hours after tests. Reports of compressive strength tests shall contain the Project identification name and number, date of concrete placement, name of concrete testing service, concrete type and class, location of concrete batch in structure, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength, and type of break for both 7 -day tests and 28 tests. END OF SECTION Revision 0 03300-6 SECTION 03300 CONCRETE SECTION 11200 CONDENSATE MANAGEMENT SYSTEM PART 1 - GENERAL 1.1 DESCRIPTION OF WORK A. Provide all materials, equipment, and labor needed to install the condensate sumps and pumps, HDPE condensate forcemain and air supply piping, and related appurtenances in accordance with the Construction Plans. 1.2 RELATED SECTIONS A. Section 00 72 00 - General Conditions B. Section 00 73 00 - Supplemental Conditions C. Section 01 31 00 — Project Management and Coordination D. Section 01 40 00 — Quality Management E. Section 02222 — Excavation, Trenching, Backfilling, and Grading F. Section 15050 — HDPE Pipe, Fittings, and Valves 1.3 SUBMITTALS A. The Contractor shall prepare and submit to the Engineer for review and approval manufacturer's literature (product data), shop drawings, warranties, or other information pertaining to the assembly, operation, lubrication, adjustments, and other maintenance and repairs of equipment installed under this Section, together with detailed parts lists, drawings, and/or catalog cuts. Submittals shall include, but are not limited to, the following: 1. Condensate sump shop drawings and parts list; 2. Product data for condensate forcemain and air supply line isolation and blow -off valves; and 3. Pneumatic condensate pump and accessories (see Part 2.2) product Data, shop drawings, and warranty. PART 2 - MATERIALS 2.1 CONDENSATE SUMPS A. Condensate sumps shall be stand-alone units with all components rated for service in harsh and explosive environments. B. Condensate sumps must be fabricated, as specified in the Construction Plans. The sumps may be fabricated in the field by Contractor, or fabricated by Supplier and delivered to Site. Contractor shall allow Owner or OAR to inspect condensate sumps prior to installation. C. Contractor shall confirm inlet and outlet tee elevations prior to sump fabrication. If inlet and outlet tees need to be adjusted in the field (i.e., by welding additional pipe between tees, etc.), such process shall be performed at no additional cost to Owner. 11200-1 SECTION 11200 CONDENSATE MANAGEMENT SYSTEM D. All fusion and extrusion welds incorporated into sump fabrication shall be inspected by Contractor prior to setting the sumps. E. All welds of HDPE shall be butt -fusion welds, with exception to extrusion wells necessary for gussets and pipe penetrations (i.e., condensate drain lines and 6 -inch inner pipe to sump lid). F. Tees incorporated into fabrication shall be pre -fabricated three -segmented tees. G. HDPE used in construction of the condensate sumps shall meet the technical specifications for HDPE, as specified in Section 15050 — HDPE Pipe, Fittings, and Valves. H. Reservoir within sumps shall have the minimum dimensions shown on the Construction Plans (i.e., 8 feet of storage below sumps lowest inlet). I. Sump covers shall be fitted with a 6 -inch QED flange cap (QED Part No. 40075P, consistent with Construction Plans) or Engineer -approved equal equipped with eight (8) QED easy bolts, air regulator, cycle counter, and stainless steel equalization valve assembly, all manufactured by QED or Engineered - approved equal, including all associated accessories. 2.2 CONDENSATE PUMPS A. Condensate sumps shall be equipped with one pneumatic pump each, as follows. 1. Pneumatic pump shall be a QED AP4+, short body, bottom inlet pneumatic pump, as manufactured by QED or Engineer approved equal, including all associated accessories, including QED Easy Fittings' and tri -tubing (1" discharge, ''/z" air supply, and 5/8" exhaust). 2. The pump actuation level shall be set to 27 inches, as provided by manufacturer. Contractor is responsible for verifying pump actuation level. 2.3 CONDENSATE FORCEMAIN AND AIR SUPPLY LINE A. Condensate forcemain and air supply pipe shall be HDPE piping and fittings, as specified in Section 15050 — HDPE Pipe, Fittings, and Valves. All connections from the pump to the condensate forcemain and air supply line shall be performed as shown on the Construction Plans. B. All materials (valves, fittings, etc.) for condensate forcemain and air supply isolation and blow -off valves shall be consistent with the Construction Plans. All connections for valves, fittings, and pipe for condensate forcemain and air supply isolation and blow -off valves shall be performed consistent with Section 15050 and manufacturer's recommendations. PART 3 - EXECUTION 3.1 EXCAVATION AND BACKFILL A. Excavation, temporary sheeting, shoring, and bracing, and backfill shall comply with Section 02222 - Excavation, Trenching, Backfilling, and Grading for the installation of condensate management components, such as piping and sumps. B. All excavations shall be backfilled with clean soil. Soil shall be compacted in 6 -inch lifts using suitable equipment consistent with Section 02222, Part 3.3. C. Condensate sumps outside of waste shall be installed with concrete ballast in accordance with the construction plans. Revision 0 11200-2 SECTION 11200 CONDENSATE MANAGEMENT SYSTEM 3.2 INSTALLATION OF CONDENSATE FORCEMAIN AND AIR SUPPLY LINE A. The forcemain and air supply line shall be located in the same trench as the HDPE header piping, unless otherwise specified on the Construction Plans, with a minimum 2 -foot of cover. B. Condensate forcemain and air supply lines shall be installed on opposite sides of the header from each other when installed in common trench. 3.3 INSTALLATION OF CONDENSATE SUMPS A. Sumps shall be installed at the locations shown on the Construction Plans. B. The Contractor shall use care in handling and installing the sumps, and in backfilling so as to avoid damage to the sumps or displacement of sump welds. The Contractor shall be responsible for repairing any damage, at no additional cost to Owner. C. Backfill around sumps shall be placed and compacted in 6 -inch lifts to reduce settlement or shifting of sump. If sump settles or shifts following construction, Contractor will be required to relevel sump at no additional cost to the Owner. D. Sump assemblies installed within waste shall be placed on a minimum of 6 inches of gravel fill. Gravel shall comply with ASTM D448, Size No. 57 consistent with the construction plans. E. Sump assemblies outside of waste shall be installed with concrete ballast extending a minimum of 2 feet around sump reservoir and 6 inches below sump reservoir consistent with the Construction Plans. 3.4 PRESSURE TESTING A. The condensate sumps and forcemain and air supply piping are subject to the same pressure test, as specified in Section 15050. Test failures shall be identified, repaired, and re -tested as described in Section 15050. END OF SECTION Revision 0 11200-3 SECTION 11200 CONDENSATE MANAGEMENT SYSTEM SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES PART 1 - GENERAL 1.1 DESCRIPTION OF WORK A. The Contractor shall supply all materials, equipment, and labor needed to install complete and make ready for use all HDPE pipe, fittings, and valves as specified herein related to the landfill gas header and lateral piping, condensate management system, and LFG extraction wells; and indicated on the Construction Plans. 1.2 RELATED TECHNICAL SPECIFICATION A. Section 00 72 00 - General Conditions B. Section 00 73 00 - Supplemental Conditions C. Section 01 31 00 — Project Management and Coordination D. Section 01 40 00 — Quality Management E. Section 02222 — Excavation, Trenching, Backfilling, and Grading F. Section 02670 — LFG Extraction Wells and Wellheads G. Section 11200 — Condensate Management System 1.3 SUBMITTALS A. The Contractor shall prepare and submit to the Engineer, for review and approval, product data, certificates of compliance on materials furnished and manufacturer's brochures containing complete information and instructions pertaining to the storage, handling, installation, inspection, maintenance, and repair of each type of pipe, fitting, and valve furnished for the project. 1.4 REFERENCE A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. Use of the most recent version is required. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) 1. ASTM D 1248 - Specification for Polyethylene Plastics Molding and Extrusion Materials 2. ASTM F1417 -11A - Standard Practice for Installation Acceptance of Plastic Non -pressure Sewer Lines Using Low -Pressure Air 3. ASTM D 2774 - Standard Practice for Underground Installation of Thermoplastic Pressure Piping 4. ASTM F 2620 - Standard Practice for Heat Fusion of Polyethylene Pipe and Fittings 5. ASTM D 3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials 15050-1 SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES 6. ASTM F 714 - Standard Specification for Polyethylene (PE) Pipe (SDR -PR) Based on Outside Diameter 7. ASTM D 3261 - Standard Specification for Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Butt Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing 8. ASTM F 1055 - Standard Specification for Electrofusion Fittings for Outside Diameter Controlled Polyethylene Pipe and Tubing 9. ASTM F 1759 - Standard Practice for Design of High Density Polyethylene (HDPE) Manholes for Subsurface Applications 10. ASTM F 2206 - Standard Specification for Fabricated Fittings of Butt -Fused Polyethylene (PE) Plastic Pipe, Fittings, Sheet Stock, Plate Stock or Block Stock AMERICAN NATIONAL STANDARD INSTITUTE (ANSI) 11. ANSI B 31.8 - Code for Pressure Piping, Appendix N PLASTICS PIPING INSTITUTE (PPI) 12. PPI TR -31/9-79 - Technical Report PART 2- PRODUCTS 2.1 HIGH DENSITY POLYETHYLENE (HDPE) PIPE A. As shown on the Construction Plans, HDPE pipe and fittings shall have the following Standard Dimension Ratios (SDR): 1. 2 -inch diameter condensate forcemain pipe shall be SDR 11 within waste and parallel to 6 -inch diameter laterals up to select wells; 2. 3 -inch diameter condensate forcemain pipe and isolation valves assemblies shall be SDR 11 within waste and parallel to 18 -inch and 24 -inch diameter header; 3. 3 -inch (SDR 11) by 6 -inch (SDR 17) dual -contained condensate forcemain outside the limits of waste (separate trench or parallel to 24 -inch diameter header); 4. 2 -inch diameter air supply line and isolation valve assemblies shall be SRD 9; 5. 6 -inch diameter LFG lateral piping shall be SDR 17; 6. 8 and 18 -inch diameter LFG header piping shall be SDR 17; 7. 24 -inch diameter LFG header piping located within waste shall be SDR 17 and outside of waste shall be SDR 26. 8. 6 -inch diameter solid and perforated LFG extraction vertical well casing shall be SDR 11; 9. All piping and fittings used in fabrication of condensate sumps shall be SDR 17; and 10. All interconnecting piping and fittings for connection of blower and flare skids shall be SDR 17. Revision 0 15050-2 SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES B. All HDPE pipe and fittings shall be extruded from Type III, Clast C Category 5, Grade P34 Resin in accordance with ASTM D3350. Minimum cell classification valves shall be PE345464C/445474C, as referenced in ASTM D3350, and have a material designation of PE3408/4710. The pipe shall be manufactured to meet the requirements of ASTM F714. All HDPE pipe and fittings shall contain a minimum of 2 percent carbon black. Manufacturer's literature shall be adhered to when "manufacturer's recommendations" are specified. All pipe and fittings shall be provided by one manufacturer. Acceptable manufacturers/suppliers include ISCO Industries or Engineer approved equal. 2.2 FLANGES FOR HDPE PIPE A. Flanges for HDPE pipe shall be convoluted ductile iron back-up rings with a minimum thickness of 1 - inch, as manufactured by Improved Piping Products (1-800-969-0962), Inc., of San Antonio, Texas or Engineer -approved equal. Ductile iron back-up rings shall be Class 150 and manufactured consistent with ASME B 16. Backup rings shall be finished with red oxide primer. B. Flange gaskets shall be full -face neoprene gaskets. C. Studs, bolts, nuts, and washers for flanges connections: 1. Material shall be hot -dipped galvanized steel. Stainless steel is prohibited. 2. Any below -grade studs shall be thoroughly coated with Polyken Technologies 1027 Primer (508- 261-6200), rubberized emulsion undercoating spray, or Engineer approved equal, with no gaps in coverage. 3. Below -grade flanges shall be wrapped in 5 -mil polyethylene sheeting, following installation and prior to backfilling, to prevent corrosion. 2.3 PIPE SUPPORTS AND ANCHORS A. All pipe supports and anchors (for above -grade piping installation) shall conform to the details shown on the Construction Plans and shall be located as shown on the Construction Plans. 2.4 VALVES A. General 1. All valves shall be complete with all necessary operators, actuators, handwheels, chain wheels, extension stems, floor stands, worm and gear operators, operating nuts, chains, wrenches, and other accessories or appurtenances which are required for the proper completion of the Work. Operators, actuators, and other accessories shall be sized and furnished by the valve supplier and factory mounted. 2. All valves shall have the name of the manufacturer and sizes cast on the body or bonnet or shown on a permanently attached plate raised in letters. 3. All valves and operators shall be constructed of materials that are compatible with landfill gas, and have been used on other landfill gas applications by Contractor. Valve seals shall be manufactured of nitrile or other material resistant to landfill gas. Valves shall have all safety features required by OSHA. 4. Unless otherwise shown, valves shall be the same size as the adjoining pipe. Revision 0 15050-3 SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES B. Butterfly Valves 1. Isolation valves shall be butterfly bubble -tight, wafer design, with a PVC body, nitrile seat, and compatible with a flat face flange, as manufactured by Asahi/America or Engineer -approved equal. 2. If required, stem extensions shall be stainless steel in an epoxy coated steel outer housing with a gear box assembly mounted on top and equipped with a removable manual operating wheel. 3. Monitoring ports at the butterfly valves shall be quick connects. If required, quick connects shall be attached to the piping via flexible metal hose connector, Swagelok Part No. SS -4H0 -6-L4, or Engineer -approved equal. 2.5 GAS PIPE WARNING TAPE A. Waring tape shall be a metallic locator/warning tape imprinted with the words "Caution Gas Line Buried Below," as supplied by Terra Tape (1-800-231-6074) or Engineer -approved equal. PART 3- EXECUTION 3.1 GENERAL A. HDPE pipe shall be stored on clean level ground, preferably turf or sand, free of sharp objects, which could damage the pipe. Stacking shall be limited to height that will not cause excessive deformation of the bottom layers of pipe under the anticipated temperature ranges. Where necessary the pipe shall be stored on wooden sleepers, spaced suitably and such a width as not to allow deformation of the pipe at the point of contact with the sleepers or between supports. B. Pipe and pipe fittings shall be handled carefully in loading and unloading. They shall be lifted by hoists and lowered on skidways in such a manner as to avoid shock. Pipe and pipe fittings shall not be dropped or dumped onto rocky or unprepared ground. Under no circumstance shall pipe or fittings be dropped into trenches, or dragged over sharp or cutting objects. C. The maximum allowable depth of cuts, gouges, or scratches on the exterior surface shall be 10 percent of the wall thickness on the pipe or fitting. The interior of the pipe or fitting shall be free of cuts, gouges or scratches. If removal of damage sections of pipe is required, the repairs shall be performed at no cost to the Owner. D. Whenever pipe laying is not actively in progress, the open end(s) of installed pipe shall be plugged. 3.2 HDPE PIPE HANDLING A. HDPE pipe shall not be bent more than the minimum radius recommended by the manufacturer for type, grade, and SDR. Care shall be taken to avoid imposing strains that will overstress or buckle the HDPE piping or impose excessive stress on the joints. B. Ropes, fabric, or rubber—protected slings and straps shall be used when handling pipe. Slings, straps, etc. shall not be positioned at butt fused joints. Chains, cables, or hooks shall not be inserted into the pipe ends as a means of moving the pipe. 3.3 JOINING HDPE PIPE A. Only two methods shall be utilized to join HDPE pipe unless otherwise approved by the Engineer: heat fusion and mechanical joining. Revision 0 15050-4 SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES 1. Mechanical Joining shall be accomplished with HDPE flange adapters, neoprene gaskets, and ductile iron back-up flanges, and shall be used only where shown on the Construction Plans or approved by Engineer. 2. Heat Fusion joints shall be made in accordance with manufacturer's step by step procedures and recommendations using approved equipment. Heat fusion shall be performed by a qualified person specifically trained to operate fusion equipment. Pipe fusion equipment shall be of the size and nature to adequately weld all pipe sizes and fittings necessary to complete the project. Heat fusion shall be performed outside of the trench whenever practical. Before heat fusing pipe, each length shall be inspected for the presence of dirt, sand, mud, shavings, and other debris. Any foreign material shall be completely removed. At the end of each day, all open ends of fused pipe shall be capped or otherwise covered to prevent entry by animals or debris. B. Branch saddle fusions and electro -fusion saddles/couplings shall not be permitted unless approved by Engineer on a case-by-case basis. C. As per the manufacturer's instructions, no fusion shall be performed in precipitation unless a shelter is provided. D. Extrusion welding shall not be permitted for joining two pipe segments. 3.4 HDPE PIPE INSTALLATION A. Pipe installation shall comply with the requirements of ASTM D 2321, PPI TR -31/9-79, and the manufacturer's recommendations. B. Lengths of fused pipe to be handled as one segment shall not exceed 400 feet. C. Pipe shall be inspected and cleaned of pipe cuttings, dirt, debris, or other deleterious materials prior to installation in the trench. D. As noted in Section 02222, below -grade HDPE pipe shall be installed within a minimum 3 percent slope when installed within waste and 1.5 percent when installed outside of waste. All below -grade pipe shall be installed with 2 -foot of soil cover, unless otherwise indicated on the Construction Plans or approved in writing by Engineer. E. Condensate components, condensate sumps and condensate forcemain and air supply piping shall be installed in accordance with Section 11200 — Condensate Management System and as shown on the Construction Plans. F. Condensate forcemain and air supply lines shall be installed on opposite sides of the header from each other when installed in common trench. G. Conformance surveys of installed piping and sumps shall be performed by the OAR for verification of pipe slope and soil cover, as specified in SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. H. The OAR shall be notified prior to any pipe being installed in the trench in order for them to have an opportunity to inspect the following items: 1. Pipe joining. 2. Pipe integrity. Revision 0 15050-5 SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES 3. Trench excavation for rocks and foreign material. 4. Proper trench slope and depth. 5. Trench contour to ensure the pipe will have uniform and continuous support. I. Any irregularities found by the OAR during this inspection must be corrected before lowering the pipe into the trench. Pipe shall be allowed sufficient time to adjust to trench temperature prior to any testing, segment tie-ins, and/or backfilling. J. Tie-ins shall be made out of the trench whenever possible. When tie-ins are to be made only in the trench, a bell hole shall be excavated large enough to ensure an adequate and safe work area. K. Below -grade piping shall be marked with metallic warning tape to be buried in the trench above the pipe as specified in Part 2.5 and indicated on the Construction Plans. 3.5 VALVE INSTALLATION A. Valves shall be set installed at the location as indicated on the Construction Plans, unless otherwise approved by the Engineer. Valves shall be installed in accordance with manufacturer's installation instructions. B. Valves shall be carefully inspected during installation. They shall be opened wide and then tightly closed and the various nuts and bolts shall be tested for tightness. Special care shall be taken to prevent any foreign matter from becoming lodged in the valve seal. All valves shall be checked and adjusted for smooth operation. C. Install valves with operating stem in either horizontal or vertical position, as shown on the Construction Plans, and allow sufficient clearance around the valve operator for proper operation. 3.6 FLANGED CONNECTIONS A. Flanged connections for HDPE pipe shall be installed as specified in Part 3.3.A.1. B. The Contractor shall wrap and tape the flanges and bolts in 5 mil polyethylene sheeting prior to backfilling to help protect the assembly from corrosion. 3.7 PIPE SUPPORTS A. All piping and valves shall be supported in such a manner as to prevent any stress being transmitted between sections and connected equipment and appurtenances. 3.8 HDPE PIPE AND VALVE 1ESTING A. All above and below -grade HDPE piping shall be subjected to a pneumatic pressure test as described herein to detect any leaks in the piping. Contractor shall furnish all necessary equipment and materials, and make all taps in the pipe, as required, for testing. B. The Contractor shall accept the responsibility for locating, uncovering (if previously backfilled), and repairing any leaks detected during testing at no additional cost to the Owner. C. The test should be performed during a period when the pipe will be out of direct sunlight when possible; i.e., early morning, late evening, or cloudy days. This will minimize the pressure changes which will occur during temperature fluctuations. Revision 0 15050-6 SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES D. The OAR shall be notified prior to commencement of the testing procedure and shall be present during all tests. E. All installed pipe shall be subject to the following air test pressure for a period no less than one hour. The pressure test will begin once the pipe has been pressurized to the required pressure. During the pressure test, no loss of pressure shall be observed for passing test. 1. LFG header, lateral piping, and sumps — 4 psi for one hour. 2. Condensate forcemain and air supply line — 4 psi for the first 30 minutes, followed by 100 psi for an additional 30 minutes. F. Valves shall be tested at the same time that the adjacent pipe is tested. Valves or joints shall show no detectable leakage under the test. Valves or joints that show sings of leakage shall be repaired prior to final acceptance. G. Any section of pipe which fails to meet the stipulated pressure test shall be checked by the Contractor and corrective measures taken. The test shall then be repeated, at no additional cost to the Owner. Pipe installation will not be accepted unless and until it meets the pressure test requirements. H. The following steps shall be performed for failing pressure test described in this Part. 1. The pipe and all fusions shall be inspected for cracks, pinholes, or perforations. 2. All blocked risers and capped ends shall be inspected for leaks. 3. Leaks shall be located and/or verified by applying a soapy water solution and observing soap bubble formation. I. All pipe and fused joint leaks shall be repaired by cutting out the leaking area and refusing the pipe. J. After all leaks are repaired, a retest shall be performed in accordance with this Section. END OF SECTION Revision 0 15050-7 SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP PART 1 - GENERAL 1.1 DESCRIPTION OF WORK A. The Owner (not the Contractor) shall procure and supply the following equipment from the Blower/Flare Supplier, related to the landfill gas (LFG) flare and equipment skid: 1. LFG Flare System. 2. Gas Handling System. 3. Control Panel, Instrumentation, and Operational Logic. B. The Contractor shall provide the following: 1. All incidental materials, equipment, and labor necessary to install the LFG flare and equipment skid, and provide a complete and operational system. 2. Supply and installation of air compressor and associated desiccant dryers and oil/water separator, including electrical and air supply line piping, fittings, and valves within the blower/flare facility. 3. All materials and labor necessary for the connection of the LFG flare and gas handling systems to the proposed LFG collection system, condensate management system, and Owner -installed electrical service. Related to the Owner -installed electrical service; this service, including transformers, disconnect, and meter will be provided within 50 feet of the blower skid. As such, it is the Contractor's responsibility to supply and install necessary electric for the blower/flare facility equipment and instrumentation (i.e., blower, flare, control panel, compressor, etc.). 4. All materials and labor necessary to construct HDPE SDR 17 piping, flange connections, and pipe supports required to connect the blower skid to the flare. This includes connecting all instrumentation (such as the flow meter, pneumatic shutdown valve, flame arrestor, etc.), which will be provided by the Owner through their flare procurement. 5. All other materials, equipment, or Work specified herein as the Contractor's responsibility. C. Contractor shall examine layout and all equipment inventory to be shipped from Blower/Flare Manufacturer and be familiar with what Contractor must supply to complete Work. D. Blower/Flare Supplier shall perform all equipment and system testing, and demonstrate compliance with performance requirements specified herein. E. Following installation of the system by Contractor, Blower/Flare Supplier shall also perform the initial system start-up (see Section 3.3) in the presence of the Owner and provide 1 -day training event for Owner -designated personnel. Contractor is responsible for participation in system start-up, and making necessary adjustments identified by Blower/Flare Supplier and OAR. 1.2 RELATED SECTIONS A. Section 00 72 00 - General Conditions B. Section 00 73 00 - Supplemental Conditions Revision 0 15090-1 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP C. Section 01 31 00 — Project Management and Coordination D. Section 01 40 00 — Quality Management E. Section 02222 — Excavation, Trenching, Backfill, and Grading F. Section 03300 — Concrete G. Section 15050 — HDPE Pipe, Fittings, and Valves 1.3 QUALITY ASSURANCE A. Qualifications of Installers: Contractor shall use an adequate number of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the Work of this Section. B. Basis of acceptance: The Blower/Flare Supplier's and manufacturer's (i.e., other incidental equipment and materials) recommended installation procedures will become the basis for inspecting and accepting or rejecting actual installation procedures performed by the Contractor for the Work specified in this Section. 1.4 SUBMITTALS A. Product data, shop drawings, manufacturer's installation instructions, O&M manual, and warranties for the air compressor, desiccant dryer, and oil water separator. B. Electrical materials to the Site for the electrical tie-in, Contractor shall submit an electrical plan that includes, but is not limited to, the following: 1. Electrical schematics indicating all associated connections and placement for connection of the flare to the control panel and control panel to the Owner -supplied electrical service. This electrical schematic shall also include associated electrical connections for the air compressor and placement of grounding elements capable of withstanding lightning strikes. 2. Product data for all electrical components including but not limited to, the type and gauge of wire, connections, component protection, warning tape and markers, underground conduit, etc. The manufacturer and model number shall be indicated for all proposed materials. 3. Contractor shall obtain all necessary local and state electrical permits for complete installation in accordance with the National Electric Code and local codes, and coordinate all required inspections prior to start-up of the system. C. Materials list: Provide a complete list of all materials and equipment proposed to be furnished and installed under this portion of the Work, including materials required for electrical tie-in, giving manufacturer's name, catalog number, and catalog cut for each item, where applicable. D. Contractor shall obtain all necessary local and state building permits required for concrete foundations, facility fencing, and placement of the proposed equipment. E. Following installation, the Contractor shall provide to the Engineer the Blower/Flare Supplier's written report certifying that equipment: 1. Has been properly installed and connected. 2. Is in accurate alignment. Revision 0 15090-2 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP 3. Is free from undue stress imposed by piping or mounting bolts. 1.5 PRODUCT HANDLING A. Protection: The Contractor shall use all means necessary to protect the condition and integrity of the equipment provided under this Section both during and after receipt of said equipment, and to protect the installed work and all other trades. B. Replacements: In the event of damage during installation, Contractor shall immediately make all repairs and/or replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. Contractor shall store and handle material in such a manner as to avoid damage; store at Site under cover if required to meet the conditions of this Section. PART 2 - PRODUCTS 1.1 HDPE Piping and Flange Connections A. HDPE Interconnecting piping, fittings, 150 -pound rated flanges, and reducers as needed for all piping between the blower outlets and flame arrestor will conform to Section 15050 — HDPE Pipe, Fittings, and Valves. B. Pipe supports shall be provided as indicated on the Construction Plans. C. Refer to 03300 — Concrete, regarding the foundations for all equipment. 1.2 Air Compressor, Desiccant Dryer, and Oil/Water Separator A. Air Compressor: Ingersoll Rand, Rotary -Screw Compressor or Engineer approval substitute (rated for 480V, 3-phase power and 65 cfm at 125 psig), Model SSR UP6S-15-125 (15 HP) with 120 Gallon Receiver/Tank. Compressor shall have the following options: (1) NEMA 4 enclosure; (2) low ambient option; (3) modulation control; and (4) outdoor modification. B. Desiccant Dryer: Ingersoll Rand, HL Desiccant Dryer 60 Hz, Model HL90 with NEMA 4 enclosure and energy management system (EMS) or Engineer approved substitute. c. Oil/Water Separator: Oil/Waster Separator shall be compatible with specified air compressor, as recommended by Ingersoll Rand or Engineer approved substitute. PART 3 - EXECUTION 3.1 EXISTING CONDITIONS A. Inspection: 1. Prior to all work of this section, the Contractor, shall carefully inspect the installed Work of all other trades and verify that all such Work is complete to the point where this installation may properly commence. 2. Verify that the Work of this section was installed in accordance with all pertinent codes and regulations, the original design, and the referenced standards Revision 0 15090-3 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP B. Discrepancies: 1. In the event of discrepancy, the Contractor shall immediately notify the Engineer. 2. The Contractor shall not permit the Blower/Flare Supplier to proceed with commissioning in areas of discrepancy until such discrepancy has been resolved. 3.2 INSTALLATION A. The Contractor shall install the LFG flare and gas handling systems specified in this section in strict accordance with the Blower/Flare Supplier's recommendations, including associated specifications and drawings, as approved by the Engineer, including all electrical connections to electrical service. B. Following installation of the gas handling system and prior to functional and validation testing of the LFG flare and gas handling systems, the Contractor shall perform a laser alignment on the blowers/motors using a subcontractor with experience in laser alignments and on a list of approved vendors for such work, as confirmed by Blower/Flare Supplier. C. Contractor shall install the compressor, dryer, and oil/water separator in strict accordance with manufacturers written installations guidelines and recommendations. D. Contractor shall prepare the blower/flare facility, including fill placement, grading, installation of non- woven geotextile, and aggregate surface consistent with the Construction Plans and/or Technical Specifications (see Section 02222 — Excavation, Trenching, Backfill, and Grading). E. Contractor shall prepare and install the concrete foundations, including placement of Size No. 57 stone, for the flare skid, gas handling system skid, and compressor consistent with Construction Plans and Technical Specifications, and any necessary revisions thereof. F. The Work of this section shall be installed plumb and perpendicular to piping where required on Construction Plans. Contractor shall anchor equipment skid and flare base to concrete foundations consistent with the details in the Construction Plans. G. Contractor shall obtain all required electrical permits for complete installation in accordance with the National Electrical Code, and coordinate all required inspections prior to start-up of the system. H. Painting: Marred or abraded surfaces shall be cleaned and refinished in accordance with the Blower/Flare Supplier's recommendations. 3.3 START-UP AND TESTING A. Start-up: 1. The Blower/Flare Supplier shall furnish a factory -trained Technician and Operations Engineer, if necessary, for a minimum of 3 days of start-up demonstration and testing, in accordance with Part 1.1.F. Personnel training shall be performed on the 3' day of the start- up demonstration and testing. The Technician will remain on site until start-up of the system has been completed to the Engineer's satisfaction. B. Functional and Validation Tests: 1. Upon completion of the installation; functional tests and validation tests shall be performed by the Blower/Flare Supplier with the assistance of the Contractor. The Blower/Flare Supplier shall demonstrate compliant operation of the systems to the Engineer's satisfaction. Contractor shall make necessary adjustments as deemed necessary by the Blower/Flare Revision 0 15090-4 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP Supplier or OAR. Should the system NOT perform to the requirements of this specification, the expense of any re -testing, if required, will be borne by the responsible entity (i.e., either GCCS Contractor or Blower/Flare Supplier). 2. The Contractor shall also participate in a continuous 3 -day performance demonstration, conducted for three (3) consecutive days as follows: a. The entire system must operate successfully throughout the 3 -day demonstration period in the manner intended. If the Work does not operate successfully, the problems shall be corrected, and the 3 -day test shall be restarted to Day 1. b. Acceptability of the system's performance will be based on the system performing as specified. The intent of the demonstration is for the Contractor to demonstrate to the Owner and Engineer that the system will function as a completed and operable system under normal, as well as emergency operating conditions and is ready for acceptance. 3. The OAR shall observe and document the functional tests and validation tests, and 3 -day performance demonstration. 4. System start-up, energizing the system, and demonstration shall be performed in accordance with the Blower/Flare Suppliers instructions and recommendations. 3.4 INSTRUCTIONS A. When all required approvals of this portion of the Work have been obtained, and at a time designated by the Owner and/or Engineer, the Blower/Flare Supplier shall thoroughly demonstrate to the Owner and selected representatives of the Owner the operation and maintenance of all items installed under this specification. B. The instructions shall be separate from the installation, start-up, and equipment adjustment services. END OF SECTION Revision 0 15090-5 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP UPDATED. 03/14/2016 380338 77t( Orn • (n m 0 A o o • K DAV MISION DATE CEFE VALENZUELA GCCS DESIGN TITLE SHEET CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS 1601 CENTRAL ORA, SURE 6611,13.011.1x 76021 RRN1n6,1.>2 EA.N0.R1n6,,.N. a UPDATED: 03/14/2016 Frg DN GG 8 aQJ 03rISSI a „ u _ o e m s g. a "Lo o e w a w A-8 _ o 8 ^ m 8 zE zE €L g =�'o� _ 3 o- - 8 "sa 00�� H - - S- 2 g A -o--- - - _ _ A A -oo2 oo o A s m .+.13 A a �� 0A'" A� . 8� - A wngo oo y oz ;a N zgz y € "Lo x i ';-'8 goc ^ 8AE zE zE H vrn ND 0 DO OD zz ZDD D rn rz r D D co Z O O m D p O m C) 319tl1 AJ JNtlfl1tlW LLS3 RENSION NO. DATE DESCRIPTION RENSION CATE DESCRPTION CEFE VALENZUELA GCCS DESIGN GENERAL NOTES AND QUANTITIES CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS1901 CENTRAL OHNE, 16021 PH 017) 571.2M FAX No. (81 '662EBEDFORD, UPDATED: 03/14/]016 • Br 0 Imo CEFE VALENZUELA GCCS DESIGN EXISTING SITE PLAN CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS1901 ENTRAL 16021 PH 017)57,228B FAX NO. (8tsn'67,21EBEOF08D, Tx g S UPDATED: 03/14/]016 • 0 Imo CEFE VALENZUELA GCCS DESIGN PROPOSED SITE PLAN CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS1901 ENTRAL 16021 PH 017)57,228B FAX NO. (8tsn'67,21EBEOF08D, Tx g S UPDATED: D3/19/ re � s CEFE VALENZUELA GCCS DESIGN crl CCCS LAYOUT PLAN CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Seryices SCS ENGINEERS STEARNS, CONRAD AND SCHNIIDT CONSULTING ENGINEERS 16021 P=0,289 rer No. �tsn'6BEo�F eB D, Tx g S UPDATED: 03/14/2016 RENSION NO. DATE DESCRIPTION RENSION CATE DESCRPTION CEFE VALENZUELA GCCS DESIGN 24" HEADER PLAN/PROFILE CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS1901 CENTRAL OHNE, 16021 PH 017) 571.2M FAX No. (81 '662EBEDFORD, pad 6 UPDATED: 03/19/2018 it 1k e e.**: qt t. 4 I, I. kflt 4Y414 Witf* M -11,..11,•3%. -16 -16 66; tg; 666 6t, DENSON MD. DESCRIPTION lit-VS.1011 PO. DID3CRPTION CEFE VALENZUELA GCCS DESIGN LFG EXTRACTION WELL DETAILS CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS 0PDATED: 03/14/2016 zz\zz\ zz\zz\ zz\%z RENSION NO. DESCRIPTION DESCRPTION CEFE VALENZUELA GCCS DESIGN PIPING DETAILS CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS 1901 CENTRAL OHNE, SURE SSO, BEDFORD,111 76021 PH (El 7) S71.2289 FAX NO. (817) 57,21E8 UPDATE. 03/1 9/2018 — ,_- - 9 2 :,. t'2 /' '`` .e,g •---- IPPr— i,!' ,-. 4 74 4 2 " L Mir .4 E ' A`, r'rg 2 S' OA, T" • Wg , ' / i i ** : 1411 0 4 4 I4'. S4 2-0" MIN 4 0 "9 F24 qg29 _ i 8,2 IN __8•,'T".C.: > === M 7 78' 8i,80" litianciss.214.. 701 44' 5 g r0' DJ 0 0 g ti LF ItEmBem x0. DATE BT DESCRIP11001 REMOol . CATE BY 11.ESCRPTON SHEET 9 a 15 MORO OWING NO. SLF 135 COY MET DOM CEFE VALENZUELA GCCS DESIGN ;Ii1t —..77.... CITY of CORPUS CHRISTI TEXAS SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTIG ENGINEERS 1901 CENTRANL DR., surrE 550 BEDFORD 71 76021 g 1 - g a g:' 13' CONDENSATE MANAGEMENT DETAILS -1 0PDATED: 03/14/2016 DNIGGIEI LIOJ 03rISSI RENSION NO. DESCRIPTION DESCRPTION CEFE VALENZUELA GCCS DESIGN CONDENSATE MANAGEMENT DETAILS -2 CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS 1901 CENTRAL OHNE, SURE SSO, BEDFORD,111 76021 PH (El 7) S71.2289 FAX NO. (817) 57,21E8 _ m_. :. Akr ] !| \I IA 11" 1 }1 1 f| [ ;[ § 1 SWF 70 Aes (SEE KU § 3) g.; I 1 ► § i\§ } g AI& RENSION NO. DATE DESCRIPTION RENSION CATE DESCRPTION CEFE VALe»ra«snca BLOWER/FLARE FACILITY PLAN [t CITY of CORPUS _. TEXAS _ __ SCS NgNEERS CONSULTING ENGINEERS 1901 CENTRAL DRIVE, SURE SSO, BEDFORD,111 76021 917)S71.2289 FAX NO. (817) 57,21E8 UP ATE. D3/14/2018 RENSION NO. DATE DESCRIPTION RENSION CATE DESCRPTION CEFE VALENZUELA GCCS DESIGN BLOWER/FLARE FOUNDATION DETAILS CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS1901 16021 PH (El CENTRALI) S71.2266 FAX NO. (817) 'BEDFORD,111 0PDATED: 03/14/2016 RENSION NO. DESCRIPTION DESCRPTION CEFE VALENZUELA GCCS DESIGN MISCELLANEOUS BLOWER/FLARE DETAILS CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS 1901 CENTRAL OHNE, SURE SSO, BEDFORD,111 76021 PH (El 7) S71.2289 FAX NO. (817) 57,21E8 UPDATED: 03/14/2016 RENSION NO. DATE DESCRIPTION RENSION CATE DESCRPTION CEFE VALENZUELA GCCS DESIGN FENCING DETAILS CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS1901 16021 PH (El CENTRALI) S71.2266 FAX NO. (817) 'BEDFORD,111 57,21E8x pad 6 UPDATED: 03/14/2016 DN GG 8 aQJ 03855 c RENSION NO. DATE DESCRIPTION RENSION CATE DESCRPTION CEFE VALENZUELA GCCS DESIGN MISCELLANEOUS DETAILS CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS1901 16021 PH (El CENTRALI) S71.2266 FAX NO. (817) 'BEDFORD,111 57,21E8x 00 91 01 ADDENDUM NUMBER 1 Cefe Valenzuela Landfill Gas Collection and Control Project: System (GCCS) Project Number: E16289 Owner: City of Corpus Christ' City Engineer: J.H. Edmonds, P.E. Designer: Ryan Kuntz, P.E. Addendum No. 1 Specification Section: 00 91 01 Issue Date: 12/8/16 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: [Designer] Ryan Kuntz, P.E. 12/8/16 4£ 9FFq tl .. co. • 4 . s 1 %11 * 1 �\ : , ri %RYAN R KUNTZ Name Date Addendum Items: Modifications made to Specification Sections 01 29 01, 01 33 05, 01 50 00, and 15090. (Attachment 1) Modifications made to Sheets 11 and 13 to clarify and jI 1046:• icr rittoT•.. "pec Fo lti lis'ic) � r�� address comments made during the bidding phase. (Attachment 2) SCS Engineers & F-3407 Approved by: [Designer] Name Date Addendum Items: Not Used [Firm Name & Registration Number] Addendum No. 1 E16289 Cefe Valenzuela Landfill — Gas Collection and Control System 009101-1 Rev 01-13-2016 ARTICLE 1— BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS (NOT USED) ARTICLE 2 — MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS (ATTACHMENT 1). 2.01 ADD, DELETE OR REPLACE SPECIFICATION SECTIONS (OR TECHNICAL SPECIFICATIONS) (NOT USED) 2.02 AMEND SPECIFICATIONS (OR TECHNICAL SPECIFICATIONS) A. SECTION 01 29 01 Measurement and Basis for Payment — Paragraph 1.03.A.1.h: ADD: New paragraph(s) 1.03.A.1.h immediately after Paragraph 1.03.A.1.g. "Associated cost of Work as specified in Section 0133 05 — Video and Photographic Documentation." B. SECTION 01 33 05 Video and Photographic Documentation — Paragraph 1.01.6.5: AMEND: Paragraph 1.01.6.5 by deleting: "Employ a professional photographer approved by the OAR to photograph the Project." and add the following: "OAR to provide guidance to Contractor on required documentation limits." C. SECTION 01 33 05 Video and Photographic Documentation — Paragraph 1.01.6.6: Delete: Paragraph 1.01.6.6 in its entirety. D. SECTION 01 50 00 Temporary Facilities and Controls — Paragraph 2.10.A: AMEND: Paragraph 2.10.A by deleting: "Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from an on-site water hydrant. Include the cost of water in the Contract Price." and add the following: "Potable construction water is available from the Landfill's facility fire hydrant (located northwest of the Operations Center). The Contractor shall utilize the attached backflow preventer during any use of the hydrant." E. SECTION 01 50 00 Temporary Facilities and Controls — Paragraph 2.10.B: AMEND: Paragraph 2.10.6 by deleting: "Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre -construction meeting. Addendum No. 1 E16289 Cefe Valenzuela Landfill — Gas Collection and Control System 00 91 01 - 2 Rev 01-13-2016 The Contractor will keep a copy of the Plan on the Site throughout construction." and add the following: "If the facility becomes subject to any conservation or drought contingency plan during the duration of construction, then the Contractor must comply with the same requirements as the Landfill facility." F. SECTION 15090 Equipment Installation and Startup — Paragraph 1.1.6.3: AMEND: Paragraph 1.1.6.3 by deleting: "All materials and labor necessary for the connection of the LFG flare and gas handling systems to the proposed LFG collection system, condensate management system, and Owner -installed electrical service. Related to the Owner -installed electrical service; this service, including transformers, disconnect, and meter will be provided within 50 feet of the blower skid. As such, it is the Contractor's responsibility to supply and install necessary electric for the blower/flare facility equipment and instrumentation (i.e., blower, flare, control panel, compressor, etc.)." and add the following: "All materials and labor necessary for the connection of the LFG flare and gas handling systems to the proposed LFG collection system, condensate management system, and Owner -installed electrical service. Related to the Owner - installed electrical service; this service, including transformers and meter will be provided within 50 feet of the blower/flare facility. As such, it is the Contractor's responsibility to supply and install necessary electric between Owner -supplied service and equipment installed for this project, including electrical disconnect, load centers, auxiliary transformers, etc., for the blower/flare facility equipment and instrumentation (i.e., blower, flare, control panel, compressor, etc.)." G. SECTION 15090 Equipment Installation and Startup — Paragraph 1.4.6.1: AMEND: Paragraph 1.4.6.1 by deleting: "Electrical schematics indicating all associated connections and placement for connection of the flare to the control panel and control panel to the Owner -supplied electrical service. This electrical schematic shall also include associated electrical connections for the air compressor and placement of grounding elements capable of withstanding lightning strikes." and add the following: "Electrical schematics indicating all associated connections and placement for connection of the flare to the control panel and control panel to the Owner -supplied electrical service. This electrical schematic shall also include associated electrical connections for all equipment, including but not limited to, air compressor, dryer, equipment skid, flare, and instrumentation, and shall include grounding with sufficient placement of grounding elements capable of withstanding lightning strikes." H. SECTION 15090 Equipment Installation and Startup — Paragraph 2.3: ADD: New paragraph(s) 2.3 immediately after Paragraph 2.2. "2.3 Electrical A. Contractor shall provide all electric materials, including wiring, Addendum No. 1 E16289 Cefe Valenzuela Landfill — Gas Collection and Control System 00 91 01 - 3 Rev 01-13-2016 panels, disconnects, junction boxes, auxiliary transformers (i.e., step-down transformer) etc., required for complete connection of all equipment, including but not limited to, air compressor, dryer, equipment skid, flare, and instrumentation. B. All electrical panels, disconnects and junction boxes shall have a minimum rating of NEMA 3R. C. Electrical Disconnect and Load Center: 1. The electrical disconnect located at the Owner -installed electrical service shall be rated for 480V, 3 -Phase of adequate size for all connected equipment. 2. The 480V, 3 -Phase load center located within the Blower/Flare Facility shall accommodate the blower/flare, compressor, and a minimum 5 KVA stepdown transformer supplying 120/240 single-phase load center for desiccant dryer and convenience outlet. Contractor to supply a minimum of one (1) GFCI protected convenience outlet on a 15 amp, 120 V breaker at the load control location." ARTICLE 3 - MODIFICATIONS TO THE DRAWINGS (ATTACHMENT 2) 3.01 ADD OR DELETE DRAWINGS (NOT USED) 3.02 AMEND DRAWINGS A. Drawing Sheet No. 11- "Blower/Flare Facility Plan": 1. Change 1. Delete: "Note 10. City to provide 3 phase,480/277V power service with meter and disconnect within 50' of blower/flare facility." 2. Change 2. Add: "Note 10. City to provide 3 phase,480/277V power service with meter within 50' of blower/flare facility." 3. Change 3. The Electrical Disconnect was relocated to be in close proximity to the City provided electric service as shown on Sheet 11. 4. Change 4. Add: "3-phase, 480V Load Center" was added to drawing east of the Compressor Pad and Cover Structure as shown on Sheet 11 (i.e., previous location of electrical disconnect). 5. Change 5. Add: "5 KVA Step Down Transformer" added to location of 3-phase, 480V Load Center as shown on Sheet 11. 6. Change 5. Add: "120/240V 1 -Phase Load Center" added to location of 3-phase, 480V Load Center as shown on Sheet 11. 7. Change 6. Modifications to the proposed electrical lines at the Blower/Flare Facility as shown on Sheet 11. Addendum No. 1 E16289 Cefe Valenzuela Landfill — Gas Collection and Control System 009101-4 Rev 01-13-2016 8. Change 7. Add approximate location of rotary screw air compressor, heatless desiccant dryer, and oil/water separator on Sheet 11, in accordance with Sheet 13, Detail 27. B. Drawing Sheet No. 13 - "Miscellaneous Blower/Flare Details" - Detail 27: 1. Change 1. Delete: "2" S.S. Thread Ball Valve (Rated for 200 PSF)" 2. Change 2. Add: "2" S.S. F/F Ball Valve and Regulator (Rated for 200 PSF)" ARTICLE 4 — CLARIFICATIONS 4.01 QUESTIONS A. Question: "What items in this scope of work will qualify as tax exempt?" Answer: "Upon request, a tax exemption form can be provided to the successful bidder. It is up to the bidder to determine which (and if) items should be bid with tax exempt status." B. Question: "Can the flare bid scope be provided?" Answer: "The full flare bid scope can be seen in its entirety on the City of Corpus Christi Supplier Portal Bid site at https://ccbids.cctexas.com/procprod/SourcingSupplier/controller.servlet?dataarea=procp rod&context.session.key.SupplierGroup=1, but not until Friday, December 2nd when it will post for the first time." C. Question: "What horsepower motor is on each blower?" Answer: "The horsepower (HP) of each blower motor shall be confirmed by the flare manufacturer. The RFB for the flare indicates that the motor Hp shall be sufficient to operate the blowers throughout their design range (400 to 2,000 SCFM). Based on discussions with a flare manufacturer, it is expected that each blower (two blowers installed initially, with space for a third) will have a 3-phase, 480V, 60HP TEFC Motor equipped with VFD, and setup for simultaneously running two blowers in the future." D. Question: "Are the blower motors on a VFD?" Answer: "Yes, blowers shall be installed with VFDs." E. Question: "What size and how many blowers will be on the blower skid." Answer: "The blower/equipment skid shall be sized to accommodate two, 2,000 SCFM blowers and VFD and a space for a third 2,000 SCFM blower and VFD." F. Question: "Specifications do not state if electrical panels / Disconnect should be NEMA 3R or NEMA 4X?" Answer: "Section 15090 Part 2.3.6 has been modified by an addendum to include: 'All electrical panels, disconnects and (unctions boxes shall have a minimum rating of NEMA 3R." Addendum No. 1 E16289 Cefe Valenzuela Landfill — Gas Collection and Control System 00 91 01 - 5 Rev 01-13-2016 G. Question: "Service is 3 phase 277 /480 volt. No 120 / 208 will be available on site. Voltage required and specifications on load are not provided for the following to correctly size wiring and conduit and verify no 120 / 208 is needed: Desiccant Dryer Flare Control Panel" Answer: "Anticipated HP for blower motor previously indicated. The HP of the compressor and manufacturer/model of dryer (i.e., for voltage requirements) is provided in Section 15090. However, Section 15090 will be modified by an addendum to clarify electrical requirements including but not limited to, the following, Contractor to supply and install necessary electric, including electrical disconnect, load center, auxiliary transformers, wiring, panels junction boxes, etc. The Contractor -supplied electrical disconnect located at the Owner -installed electrical service shall be rated for 480V, 3 -Phase of adequate size for all connected equipment. The 480V, 3 -Phase load center located within the Blower/Flare Facility shall accommodate the blower/flare, compressor, and a minimum 5 KVA stepdown transformer supplying 120/240 single-phase load center for desiccant dryer and convenience outlet. Contractor to supply a minimum of one (1) GFCI protected convenience outlet on a 15 amp, 120 V breaker at the load control location." H. Question: "No detail given on amount of fence/equipment grounding that will be required for this project?" Answer: "No fence grounding is required; however, Section 15090 Part1.4.B.1 will be modified by addendum to state '...This electrical schematic shall also include associated electrical connections for all equipment, including but not limited to, air compressor, dryer, equipment skid, flare, and instrumentation, and shall include grounding with sufficient placement of grounding elements capable of withstanding lightning strikes.' I. Question: "Can the Bid Form be supplied in Excel" Answer: "No, the bid form will not be supplied in Excel format." J. Question: "How will the liquids captured in the oil/water separator tank in the compressor building be drained/managed? Is there any integration with the systems operation?" Answer: "The liquids captured in the oil/water separator tank shall be drained/managed by GCCS operations personnel. There is no integration with the systems operation." K. Question: "Will fabricated tee's be accepted for the connection of the 6" laterals to the 18" and 24" headers?" Answer: "Three segment fabricated tees are acceptable with associated molded reducers to tie into 6 -inch laterals." L. Question: "Who supplies the HDPE pipe between the blower and flare?" Answer: "The contractor shall supply the HDPE pipe between the blower and flare skid, See Section 15090, Part 1.1.B.4 and 2.1.A." M. Question: "There is a section for photo graphing, video recording, and hiring a professional photographer to record the site, yet there is no line item in the bid form. Is this service still wanted?" Addendum No. 1 E16289 Cefe Valenzuela Landfill — Gas Collection and Control System 00 91 01 - 6 Rev 01-13-2016 Answer: "Work as specified in Section 0133 05 — Video and Photographic Documentation is required and associated costs shall be included in the line Al - Mobilization. Section 01 29 01— Measurement and Basis for Payment, related to Bid Item A-1 — Mobilization will be revised accordingly as part of Addendum No. 1. Additionally, Section 0133 05 — Video and Photographic Documentation Part 1.01.6.5 to state 'OAR to provide guidance to Contractor on required documentation limits,' and Part 1.01.6.6 will be removed from this Section." N. Question: "Is there a required or desired start date?" Answer: "The GCCS must be fully operational by a regulatory deadline of November 11, 2017, and Substantial Completion must be obtained within 203 days after the NTP per the Contract Documents (Section 00 30 00 Part 6.01). Therefore; NTP shall be provided on or before April 22, 2017 (203 days prior to November 11, 2017)." O. Question: "Is the Contractor required to purchase water for the project?" Answer: "No, the Contractor is not required to purchase water for the project. Section 01 50 00 Part 2.10.A shall be modified by addendum to only state 'Potable construction water is available from the owner's facility fire hydrant. The Contractor shall utilize the attached backflow preventer during any use of the hydrant.' Additionally, Section 0150 00 Part 2.10.6 shall be modified by addendum to only include 'If the facility becomes subject to any conservation or drought contingency plan during the duration of construction, then the Contractor must comply with the same requirements as the facility." P. Question: "Is the Contractor required to excavate and haul borrow soil from the on-site borrow source?" Answer: "The City will have their contract excavator working within the soil borrow area for the Contractor to load Contractor -supplied haul trucks as needed." Q. Question: "Is the minority 45%/MBE 15% requirement a necessity or a goal?" Answer: "Meeting the minority and Minority Business Enterprise (MBE) participation requirements is not a necessity to provide a bid. However, as stated in Section 00 21 13 Parts 16.02 and 16.03, the minority participation (45%) and MBE participation (15%) are goals. Effort to achieve these goals through subcontracts, if not able to achieve these goals internally must be documented and provided to the Owner and Engineer to receive final payment. This documentation must include communication records of Work offered to minority and/or MBE firms (i.e., for subcontract Work), along with refusal of participation or the Contractors' refusal of the minority firms' bid based on price, availability, and/or qualification considerations. " 4.02 CLARIFICATIONS (NOT USED) END OF ADDENDUM NO. 1 Addendum No. 1 E16289 Cefe Valenzuela Landfill — Gas Collection and Control System 00 91 01 - 7 Rev 01-13-2016 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1 — Mobilization: 1. Include the following costs in this Bid item: a. Bonds and insurance; b. Transportation and setup for equipment; c. Transportation and/or erection of all field offices, sheds, and storage facilities, if applicable; d. Salaries for preparation of documents required before the first Application for Payment; e. Salaries for field personnel assigned to the Project related to the mobilization of the Project; Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 1 OF 23 012901-1 Rev 01-13-2016 f. Demobilization, including removal from the Site of all materials; resources, equipment, temporary support facilities, utilities, and all remaining construction debris at the completion of the project and includes release of liens and other incidentals as specified for project closeout.; g. Mobilization may not exceed 5 percent of the total Contract Price; and h. Associated cost of Work as specified in Section 01 33 05 — Video and Photographic Documentation. 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. B. Bid Item A-2 -Vertical LFG Extraction Wells (6 -inch HDPE): 1. Payment for this item will be at the contract unit price per vertical foot installed. Payment includes all erection/removal of soil benches, drilling, boring, transport of waste materials, supply and installation of gravel, soil and bentonite backfill, supply and installation of perforated and solid piping, and pipe connections. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed vertical foot basis, measured from existing ground surface to the bottom of the wellbore, as measured in the field. C. Bid Item A-3 -Wellbore Abandonment: 1. Payment for this item will be at the contract unit price per vertical foot of wellbore abandoned. Payment for this item will include erection/removal of soil benches, drilling, boring, transport of waste materials, and installation of clean soil backfill. Payment for abandoned wellbores shall not exceed 1/3 unit price for drilling and completing vertical extraction wells. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS of the Technical Specifications. 2. Measuring for payment will be on an abandonment vertical foot basis, measured from existing ground surface to the bottom of the wellbore, as measured in the field. D. Bid Item A-4 — Trench Safety 1. Payment for this item will be at the contract unit price per linear foot for trench safety. Payment includes providing trench safety in accordance with the latest provisions of Occupational Health and Safety Administration and other local, state, and federal regulations during the performance of work, including pipe and condensate sump installation. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION, SECTION 00 72 00 GENERAL CONDITIONS, SECTION 00 73 00 SUPPLEMANTAL CONDITIONS, and SECTION 02222 EXCAVATING, TRENCHING, BACKFILLING, AND GRADING of the Technical Specifications and Construction Plans. Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 2 OF 23 012901-2 Rev 01-13-2016 2. Measuring for payment is on a linear foot basis of piping, condensate sumps, and other incidentals requiring trench safety, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. E. Bid Item A-5 — 2 -inch Dia. Vertical Wellhead: 1. Payment for this item will be at the contract unit price per each installed 2 -inch diameter vertical wellhead. Payment includes wellhead, fittings, piping, flanges, flex hose, clamps, connections to laterals and other necessary connections, monitoring and/or access ports, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 02670 LFG EXTRACTION WELLS AND WELLHEADS of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. F. Bid Item A-6 — 2 -inch HDPE SDR 9 Air Supply Line (Common Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes fittings, piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 2 -inch diameter SDR 9 HDPE air supply line installed in a common trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. G. Bid Item A-7 — 2 -inch HDPE SDR 11 Single -Contained Condensate Forcemain (Common Lateral Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes fittings, piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 2 -inch diameter SDR 11 HDPE condensate forcemain piping installed in a common lateral trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. H. Bid Item A-8 — 3 -inch HDPE SDR 11 Single -Contained Condensate Forcemain (Common Header Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes fittings, piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 3 OF 23 012901-3 Rev 01-13-2016 2. Measuring for payment will be on an installed linear foot basis of 3 -inch diameter SDR 11 HDPE condensate forcemain piping installed in a common header trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. I. Bid Item A-9 — 3 -inch HDPE SDR 11 Single -Contained Condensate Forcemain (Separate Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 3 -inch diameter SDR 11 HDPE condensate forcemain piping installed in a separate header trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. Single -contained condensate forcemain pipe installed in a separate trench is depicted on Drawing No. 4, and includes the segment of condensate forcemain extending from IV -2 to the existing leachate pond (within waste limits). J. Bid Item A-10 — 3 -inch Diameter SDR 11 by 6 -inch Diameter SDR 17 HDPE Dual -Contained Condensate Forcemain (Common Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes fittings, piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 3 -inch diameter SDR 11 by 6 -inch Diameter SDR 17 HDPE dual -contained piping installed in a common header trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. K. Bid Item A-11 — 3 -inch Diameter SDR 11 by 6 -inch Diameter SDR 17 HDPE Dual -Contained Condensate Forcemain (Separate Trench): 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of the 3 -inch diameter SDR 11 by 6 -inch Diameter SDR 17 HDPE dual -contained piping installed in a separate trench, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. Dual -contained condensate forcemain pipe installed in a separate trench is depicted on Drawing No. 4, ADDENDUM NO. 1 ATTACHMENT NO. 1 Measurement and Basis for Payment SHEET 4 OF 23 Cefe Valenzuela Landfill — Gas Collection and Contr I System, Protect No. E16289 012901-4 Rev 01-13-2016 and includes the condensate forcemain extending from IV -2 to the existing leachate pond (outside of waste limits). L. Bid Item A-12 — 6 -inch Diameter SDR 17 HDPE Lateral Pipe: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 6 -inch diameter SDR 17 HDPE lateral piping, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. M. Bid Item A-13 — 8 -inch Diameter SDR 17 HDPE Header Pipe: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 8 -inch diameter SDR 17 HDPE header piping, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. N. Bid Item A-14 — 18 -inch Diameter SDR 17 HDPE Header Pipe: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 18 -inch diameter SDR 17 HDPE header piping, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. O. Bid Item A-15 — 24 -inch Diameter SDR 17 HDPE Header Pipe: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance Measurement and Basis for Payment ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 5 OF 23 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 012901-5 Rev 01-13-2016 with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 24 -inch diameter SDR 17 HDPE header piping, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. P. Bid Item A-16 — 24 -inch Diameter SDR 26 HDPE Header Pipe: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes excavation, trenching and backfill, concrete collars, soil compaction, warning tape, fittings (including flanges), piping, connections, testing, and incidentals. Payment shall constitute full compensation for all material, labor, equipment and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. Q. 2. Measuring for payment will be on an installed linear foot basis of 24 -inch diameter SDR 26 HDPE header piping, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. Bid Item A-17 — 2 -inch Diameter Air Supply Line Isolation and Blow -off Valve Assembly: 1. Payment for this item will be at the contract unit price per each installed air supply isolation and blow -off valve. Payment will include ball valves, fittings, pipe extensions and supports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. R. Bid Item A-18 — 3 -inch Condensate Forcemain Isolation Valve Assembly: 1. Payment for this item will be at the contract unit price per each installed 3 -inch diameter isolation valve. Payment will include ball valve, fittings, pipe extensions and supports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. S. Bid Item A-19 — 8 -inch Isolation Valve (Gear Operated): 1. Payment for this item will be at the contract unit price per each installed 8 -inch diameter isolation valve. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, valve, fittings, spacers, stem extension, monitoring ports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 6 OF 23 Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control S stem, Protect No. E16289 012901-6 Rev 01-13-2016 2. Measuring for payment will be on an installed per each unit basis. T. Bid Item A-20 — 14 -inch Isolation Valve (Gear Operated): 1. Payment for this item will be at the contract unit price per each installed 14 -inch diameter isolation valve. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, valve, fittings, spacers, stem extension, monitoring ports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. U. Bid Item A-21 — 18 -inch Isolation Valve (Gear Operated): 1. Payment for this item will be at the contract unit price per each installed 18 -inch diameter isolation valve. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, valve, fittings, spacers, stem extension, monitoring ports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. V. Bid Item A-22 — 24 -inch Isolation Valve (Gear Operated): 1. Payment for this item will be at the contract unit price per each installed 24 -inch diameter isolation valve. Payment includes excavation, trenching and backfill, transport of excavated materials, soil compaction, valve, fittings, spacers, stem extension, monitoring ports, connections, and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 15050 HDPE PIPE, FITTINGS, AND VALVES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. W. Bid Item A-23 — 18 -inch Single -Contained Condensate Sump & Pump (CS -4): 1. Payment for this item will be at the contract unit price per each installed 18 -inch single -contained condensate sump and pump. Payment includes fabrication of sump by Contractor or Supplier. The Work shall include, but not be limited to, excavation, backfill, compaction, pipe, fittings, pump and accessories, valves, sump cap, air regulator, and cycle counter, piping, air supply and condensate discharge assemblies, other required accessories/materials, connections, and testing. Payment also includes connection of the pump to the condensate forcemain and air supply line and associated fittings and valves. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the SECTION 11200 CONDENSATE MANAGEMENT SYSTEM of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. X. Bid Item A-24 — 24 -inch Single -Contained Condensate Sump & Pump (CS -1, CS -2, and CS -3): Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Contro ADDENDUM NO. 1 ATTACHMENT77nNO. 1 System,Yb'�HtTNb. �'1F2P 012901-7 Rev 01-13-2016 1. Payment for this item will be at the contract unit price per each installed 24 -inch single -contained condensate sump and pump. Payment includes fabrication of sump by Contractor or Supplier. The Work shall include, but not be limited to, excavation, backfill, concrete ballast, compaction, pipe, fittings, pump and accessories, valves, sump cap, air regulator, and cycle counter, piping, air supply and condensate discharge assemblies, other required accessories/materials, connections, and testing. Payment also includes connection of the pump to the condensate forcemain and air supply line and associated fittings and valves. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the SECTION 11200 CONDENSATE MANAGEMENT SYSTEM of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on an installed per each unit basis. Y. Bid Item A-25 — 12 -inch CMP Road Crossing: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes pipe, excavation, backfilling, base aggregate, compaction, HDPE pipe placement inside the casing, repair of the road to its original condition after construction and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 12 -inch CMP, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. Z. Bid Item A-26 — 18 -inch CMP Road Crossing: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes pipe, excavation, backfilling, base aggregate, compaction, HDPE pipe placement inside the casing, repair of the road to its original condition after construction and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 18 -inch CMP, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. AA. Bid Item A-27 — 36 -inch CMP Road Crossing: 1. Payment for this item will be at the contract unit price per linear foot. Payment includes pipe, excavation, backfilling, base aggregate, compaction, HDPE pipe placement inside the casing, repair of the road to its original condition after construction and other incidentals. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the Construction Plans. 2. Measuring for payment will be on an installed linear foot basis of 36 -inch CMP, as measured during the preparation of conformance surveys in accordance with SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. BB. Bid Item A-28 — Installation of Blower/Flare and Compressor: ADDENDUM NO. 1 Measurement and Basis for Payment ATTACHMREN6Z8nTFNO. 1 Cefe Valenzuela Landfill — Gas Collection and Control Sybtem, Pro ec o E1923 012901-8 Rev 01-13-2016 1. Payment for this item will be at the contract lump sum price for the installation of the LFG flare, equipment skid, and compressor. Payment shall include crane or other equipment needed for placement of blower, flare, and compressor; complete assembly and connection of all equipment and auxiliary components of the blower/flare and compressor; interconnecting piping between blower and flare, anchoring of equipment; and miscellaneous materials (i.e., bolts, nuts, washers, gaskets, piping [condensate drains and air supply line], valves [condensate drain line valves, air supply valves at pneumatic fail safe valve and compressor], etc. not provided by suppliers of equipment) for successful connection of equipment. Payment shall constitute full compensation for all materials, labor, equipment, and work incidental thereto, including blower laser alignment, participation in the equipment start-up and validation tests, and providing 3 -day performance demonstration, necessary to complete this item in accordance with SECTION 15090 EQUIPMENT INSTALLATION AND START-UP of the Technical Specifications and Construction drawings. 2. Measuring for payment will be on a lump sum basis. CC. Bid Item A-29 — Blower/Flare Facility Site Preparation/Grading/Foundations: 1. Payment for this item will be at the contract lump sum price for the blower/flare station site preparation, grading, and foundations, as shown on the Construction Plans. Payment shall include the following sub -items: a. Transport and unloading soil fill from an onsite borrow source, and placement, compaction, and grading of soil fill for the blower/flare facility; b. Forming, reinforcement, and concrete placement for flare, equipment skid, compressor, and propane tank foundations consistent with SECTION 03300 CONCRETE of the Technical Specifications; c. Obtaining any required building, windstorm, and construction permits/authorizations; d. Supply and placement of non -woven geotextile weed barrier below base aggregate; e. Placement and compaction of coarse aggregate beneath concrete foundations and base aggregate within fenced area of blower/flare facility; and f. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete the above sub -items in accordance with Construction Plans. 2. Measuring for payment will be on a lump sum basis. DD. Bid Item A-30 — Electrical Hook-up of Blower/Flare and Compressor: 1. Payment for this item will be at the contract lump sum price for electrical hook-up of blower/flare and compressor. Payment shall include electrical wiring and hook-up to the 480V, 3-phase, 200 amp electrical service installed by the OWNER, including all necessary wire, breakers, transformers, disconnects, and electrical conduit; electrical permits and fees; and electrical inspections. Payment shall constitute full compensation for all materials, labor, required permit approvals, equipment, and work Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 9 OF 23 cystam Projart No E16289 012901-9 Rev 01-13-2016 incidental thereto, necessary to complete this item in accordance with SECTION 15090 EQUIPMENT INSTALLATION AND START-UP of the Technical Specifications and Construction drawings. 2. Measuring for payment will be on a lump sum basis. EE. Bid Item A-31 — Seeding, Mulch, and Fertilizer: 1. Payment for this item will be at the contract lump sum price for supply and placement of seed, fertilizer, and mulch on areas disturbed by execution of the work outside the waste limits. Payment shall constitute full compensation for materials, labor, and equipment to complete this item in accordance with SECTION 02271 SEED, MULCH AND FERTILIZER. 2. Measuring for payment will be on a lump sum basis. FF. Bid Item A-32 — 15 HP Rotary Screw Air Compressor, Desiccant Dryers, Oil/Water Separator, and 12'x12' Cover: 1. Payment for this item will be at the contract lump sum price for supplying a 15 HP rotary screw air compressor, desiccant dryers, oil/water separator, and 10 -foot by 10 - foot cover. Payment shall constitute full compensation for all material, labor, equipment, freight, and work incidental thereto, necessary to complete this item in accordance with SECTION 15090 EQUIPMENT INSTALLATION AND START-UP of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on a lump sum basis. GG. Bid Item A-33 — Chain Link Security Fence and Gates (Single- and Double -Swing): 1. Payment for this item will be at the contract lump sum price for supply and installation of fencing fabric, tension wire, fasteners, truss rods, tighteners, miscellaneous fittings and hardware, barbed wire gates. Payment shall also include the supply and installation of single- and double -swing gates. Payment shall constitute full compensation for all material, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with SECTION 02830 CHAIN LINK FENCE AND GATES of the Technical Specifications and Construction Plans. 2. Measuring for payment will be on a lump sum basis. HH. Bid Item A-34 — Propane Tank and Interconnecting Piping 1. Payment for this item will be at the contract lump sum price for supplying and installing a new 120 -gallon propane tank, including initial filling of tank, and interconnecting piping (i.e. propane line from tank to blower skid regulator and blower skid regulator to flare). Payment shall constitute full compensation for all materials, labor, equipment, and work incidental thereto, necessary to complete this item in accordance with the Technical Specifications and Construction drawings. 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALLOWANCES A. Bid Item B-1 - Allowance: 1. Payment for this item will be an agreed upon basis (unit rate or lump sum basis) between Owner and Contractor for quantities in excess of the estimated quantities in ADDENDUM NO. 1 ATTACHMENT NO. 1 Measurement and Basis for Payment SHEET 10 OF 23 0129 01- 10 Cefe Valenzuela Landfill — Gas Collection and Control Systcm, P'rojcct Nlo E1G289 Rev 01-13-2016 SECTION 00 30 01 BID Form or out of scope items identified during execution of the Work. Any unused amounts of the allowance will be credited back to the Owner in the form of a change order. 2. Measuring for payment will be based upon the unit of measure applicable to the bid item in Article 1.03 of this specification or agreed upon unit for out of scope work. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) Measurement and Basis for Payment Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 END OF SECTION ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 11 OF 23 01 29 01-11 Rev 01-13-2016 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION 1.00 GENERAL 1.01 WORK INCLUDED A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. 5. OAR to provide guidance to Contractor on required documentation limits, C. All photographs, video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 1.02 QUALITY ASSURANCE A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 1.03 DOCUMENT SUBMITTAL A. Submit photographic documentation as Record Data in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. B. Submit two DVDs of the video recording as Record Data in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 12 OF 23 Video and Photographic Documentation Cefe Valenzuela Landfill — Gas Collection and ontrol System, Project No. L16289 013305-1 11-25-2013 2.00 PRODUCTS 2.01 PHOTOGRAPHS A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. C. Provide a digital copy on a DVD of each photograph taken. D. Identify each photo with: 1. Project name. 2. Date, time, location, and orientation of the exposure. 3. Description of the subject of photograph. 2.02 VIDEO RECORDING A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. DVD shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. H. Pipeline projects should be recorded linearly from beginning to end. 3.00 EXECUTION (NOT USED) Video and Photographic Documentation Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 END OF SECTION ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 13 OF 23 013305-2 11-25-2013 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide temporary facilities, including the Contractor's field offices, OPT's field office storage sheds, and temporary utilities needed to complete the Work, as applicable. B. Install and maintain temporary Project identification signs. Provide temporary on-site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 1.02 QUALITY ASSURANCE A. Provide a total electrical heating and cooling system of the OPT's field office capable of maintaining the following conditions, if applicable: 1. Heating: Minimum 75 degrees ID temp at 10 degrees ambient. 2. Cooling: Minimum 75 degrees ID temp at 105 degrees ambient. 3. Relative humidity: 48 to 54 percent. B. Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies, and obtain required certifications and permits for use, if applicable. 1.03 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds, if applicable. B. Locations and configurations of storage areas for material and equipment shall be approved by the OPT. C. Confine all operations including storage of materials, to approved area. Contractor is liable for any and all damage caused during such use of property of the Owner or others. D. Store materials in accordance with manufacturer's instructions. E. Store materials and equipment within boundaries of designated areas. Storage of gasoline or similar fuels must conform to state and local regulations and be limited to the areas approved for this purpose by the Owner. 1.04 JOB CONDITIONS (IF APPLICABLE) A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. C. Pay for the utilities used by temporary facilities during construction. D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. ADDENDUM NO. 1 ATTACHMENT NO. 1 Temporary Facilities and Controls SHEET 14 OF 23 Cefe Valenzuela Landfill — Gas Collection and Iamb 01 Syslern, Projec.l No. E16289 0150 00 - 1 11-25-2013 E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. F. Remove services and facilities when approved by the OAR. G. Operate temporary facilities in a safe and efficient manner. 1. Restrict loads on temporary services or facilities to within their designed or designated capacities. 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. 3. Prevent freezing of pipes, flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 TEMPORARY FIELD OFFICES (FIELD OFFICE NOT REQUIRED) A. The Contractor must furnish the OPT with a field office at the Site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30 inches by 60 inches and two chairs. The Contractor shall move the field office on the Site as required by the OAR. The field office must be furnished with a telephone (with 24-hour per day answering service) and fax machine paid for by the Contractor. There is no separate pay item for the field office. B. Furnish a field office of adequate size for Contractor's use. Provide conference room space for a minimum of 15 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 2.02 TEMPORARY ROADS AND BENCHES A. Temporary roads are existing roads that are improved, or new roads constructed by Contractor for convenience of Contractor in the performance of the Work. B. Coordinate temporary road construction with OPT. C. If applicable, coordinate all road construction activities with local utilities, fire and police departments. D. Construction of temporary benches required for drilling LFG extraction wells are the responsibility of the Contractor, at no additional cost to the Owner. Temporary Facilities and Controls ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 15 OF 23 Cefe Valenzuela Landfill — Gas Collection and Control System, P1 o1 015000-2 11-25-2013 E. Provide erosion and sedimentation control consistent with SECTION 01 57 00 — TEMPORARY CONTROLS. F. Maintain suitable grades and radii of curves to facilitate ease of movement of vehicles and equipment. G. Furnish and install longitudinal and cross drainage facilities including, but not limited to, the ditches, structures, pipes and the like. H. Clean equipment so mud or dirt is not carried onto public roads. Clean any mud or dirt transported by equipment onto paved roads both onsite and offsite. I. Maintain roads, stockpiles, and staging areas by watering during all operating hours and when directed by OPT. 2.03 CONSTRUCTION EQUIPMENT A. Erect, equip, and maintain all construction equipment in accordance with all applicable statutes, laws, ordinances, rules, and regulations or other authority having jurisdiction. B. Construction equipment and temporary work must conform to all the requirements of State, County, and Local authorities, OSHA, and underwriters which pertain to operation, safety, and fire hazard. Furnish and install all items necessary for conformity with such requirements, whether or not called for under separate sections of these Specifications. 2.04 TEMPORARY STORAGE BUILDINGS (IF APPLICABLE) A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.05 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet. B. Use these sanitary facilities. Do not use restrooms within existing or Owner -occupied buildings. C. Locate sanitary facility as approved by OPT. 2.06 TEMPORARY HEAT (IF APPLICABLE) A. Provide heating devices needed to protect buildings during construction. Provide fuel needed to operate the heating devices and attend the heating devices at all times they are in operation, including overnight operations. 2.07 FIRST AID FACILITIES A. Provide first aid equipment and supplies to serve all Contractor personnel at the Site. Temporary Facilities and Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 16 OF 23 015000-3 11-25-2013 2.08 SECURITY A. Make all necessary provisions and be responsible for the security of the Work and the site until final inspection and acceptance of the Work unless otherwise approved by the OPT. 2.09 TEMPORARY UTILITIES A. Provide the temporary utilities for administration, construction, testing, disinfection, and start-up of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities. 1. Provide a source of temporary electrical power of adequate size for construction procedures. a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the OAR for approval prior to installation. b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company. 2. Provide telephone service to the Site or provide cell phones to Contractor's Project Manager and Superintendents and provide said phone numbers to OPT. 2.10 WATER FOR CONSTRUCTION A. Potable construction water is available from the Landfill's facility fire hydrant (located northwest of the Operations Center). The Contractor shall utilize the attached backflow preventer during any use of the hydrant. B. If the facility becomes subject to any conservation or drought contingency plan during the duration of construction, then the Contractor must comply with the same requirements as the Landfill facility. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Owner will furnish two Project signs to be installed by the Contractor. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. 3.03 TEMPORARY LIGHTING A. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. Temporary Facilities and Controls Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 17 OF 23 015000-4 11-25-2013 B. Provide portable flood lights at any time that Work will be performed at night. Provide adequate lighting at any location Work is being performed. 3.04 DRINKING WATER A. Provide all field offices or employees with potable water during performance of the Work. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE (NOT USED) A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds, utilities, roads and benches, construction equipment, and sanitation facilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. D. Repair damage to roads caused by or resulting from the Contractor's work. 3.07 MAINTENANCE AND JANITORIAL SERVICE A. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. B. Repair any damage to Work caused by placement or removal of temporary signage. Temporary Facilities and Controls END OF SECTION ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 18 OF 23 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 015000-5 11-25-2013 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP PART 1 - GENERAL 1.1 DESCRIPTION OF WORK A. The Owner (not the Contractor) shall procure and supply the following equipment from the Blower/Flare Supplier, related to the landfill gas (LFG) flare and equipment skid: 1. LFG Flare System. 2. Gas Handling System. 3. Control Panel, Instrumentation, and Operational Logic. B. The Contractor shall provide the following: 1. All incidental materials, equipment, and labor necessary to install the LFG flare and equipment skid, and provide a complete and operational system. 2. Supply and installation of air compressor and associated desiccant dryers and oil/water separator, including electrical and air supply line piping, fittings, and valves within the blower/flare facility. 3. All materials and labor necessary for the connection of the LFG flare and gas handling systems to the proposed LFG collection system, condensate management system, and Owner -installed electrical service. Related to the Owner -installed electrical service; this service, including transformers and meter will be provided within 50 feet of the blower/flare facility. As such, it is the Contractor's responsibility to supply and install necessary electric between Owner -supplied service and equipment installed for this project, including electrical disconnect, load centers, auxiliary transformers, etc., for the blower/flare facility equipment and instrumentation (i.e., blower, flare, control panel, compressor, etc.). 4. All materials and labor necessary to construct HDPE SDR 17 piping, flange connections, and pipe supports required to connect the blower skid to the flare. This includes connecting all instrumentation (such as the flow meter, pneumatic shutdown valve, flame arrestor, etc.), which will be provided by the Owner through their flare procurement. 5. All other materials, equipment, or Work specified herein as the Contractor's responsibility. C. Contractor shall examine layout and all equipment inventory to be shipped from Blower/Flare Manufacturer and be familiar with what Contractor must supply to complete Work. D. Blower/Flare Supplier shall perform all equipment and system testing, and demonstrate compliance with performance requirements specified herein. E. Following installation of the system by Contractor, Blower/Flare Supplier shall also perform the initial system start-up (see Section 3.3) in the presence of the Owner and provide 1 -day training event for Owner -designated personnel. Contractor is responsible for participation in system start-up, and making necessary adjustments identified by Blower/Flare Supplier and OAR. 1.2 RELATED SECTIONS Revision 0 A. Section 00 72 00 - General Conditions ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 19 OF 23 15090-1 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP B. Section 00 73 00 - Supplemental Conditions C. Section 01 31 00 — Project Management and Coordination D. Section 01 40 00 — Quality Management E. Section 02222 — Excavation, Trenching, Backfill, and Grading F. Section 03300 — Concrete G. Section 15050 — HDPE Pipe, Fittings, and Valves 1.3 QUALITY ASSURANCE A. Qualifications of Installers: Contractor shall use an adequate number of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the Work of this Section. B. Basis of acceptance: The Blower/Flare Supplier's and manufacturer's (i.e., other incidental equipment and materials) recommended installation procedures will become the basis for inspecting and accepting or rejecting actual installation procedures performed by the Contractor for the Work specified in this Section. 1.4 SUBMITTALS Revision 0 A. Product data, shop drawings, manufacturer's installation instructions, O&M manual, and warranties for the air compressor, desiccant dryer, and oil water separator. B. Electrical materials to the Site for the electrical tie-in, Contractor shall submit an electrical plan that includes, but is not limited to, the following: 1. Electrical schematics indicating all associated connections and placement for connection of the flare to the control panel and control panel to the Owner -supplied electrical service. This electrical schematic shall also include associated electrical connections for all equipment, including but not limited to, air compressor, dryer, equipment skid, flare, and instrumentation, and shall include grounding with sufficient placement of grounding elements capable of withstanding lightning strikes. 2. Product data for all electrical components including but not limited to, the type and gauge of wire, connections, component protection, warning tape and markers, underground conduit, etc. The manufacturer and model number shall be indicated for all proposed materials. 3. Contractor shall obtain all necessary local and state electrical permits for complete installation in accordance with the National Electric Code and local codes, and coordinate all required inspections prior to start-up of the system. C. Materials list: Provide a complete list of all materials and equipment proposed to be furnished and installed under this portion of the Work, including materials required for electrical tie-in, giving manufacturer's name, catalog number, and catalog cut for each item, where applicable. D. Contractor shall obtain all necessary local and state building permits required for concrete foundations, facility fencing, and placement of the proposed equipment. E. Following installation, the Contractor shall provide to the Engineer the Blower/Flare Supplier's written report certifying that equipment: ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 20 OF 23 15090-2 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP 1. Has been properly installed and connected. 2. Is in accurate alignment. 3. Is free from undue stress imposed by piping or mounting bolts. 1.5 PRODUCT HANDLING A. Protection: The Contractor shall use all means necessary to protect the condition and integrity of the equipment provided under this Section both during and after receipt of said equipment, and to protect the installed work and all other trades. B. Replacements: In the event of damage during installation, Contractor shall immediately make all repairs and/or replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. Contractor shall store and handle material in such a manner as to avoid damage; store at Site under cover if required to meet the conditions of this Section. PART 2 - PRODUCTS 2.1 HDPE Piping and Flange Connections A. HDPE Interconnecting piping, fittings, 150 -pound rated flanges, and reducers as needed for all piping between the blower outlets and flame arrestor will conform to Section 15050 — HDPE Pipe, Fittings, and Valves. B. Pipe supports shall be provided as indicated on the Construction Plans. C. Refer to 03300 — Concrete, regarding the foundations for all equipment. 2.2 Air Compressor, Desiccant Dryer, and Oil/Water Separator A. Air Compressor: Ingersoll Rand, Rotary -Screw Compressor or Engineer approval substitute (rated for 480V, 3-phase power and 65 cfm at 125 psig), Model SSR UP6S-15-125 (15 HP) with 120 Gallon Receiver/Tank. Compressor shall have the following options: (1) NEMA 4 enclosure; (2) low ambient option; (3) modulation control; and (4) outdoor modification. B. Desiccant Dryer: Ingersoll Rand, HL Desiccant Dryer 60 Hz, Model HL90 with NEMA 4 enclosure and energy management system (EMS) or Engineer approved substitute. C. Oil/Water Separator: Oil/Waster Separator shall be compatible with specified air compressor, as recommended by Ingersoll Rand or Engineer approved substitute. 2.3 Electrical Revision 0 A. Contractor shall provide all electric materials, including wiring, panels, disconnects, junction boxes, auxiliary transformers (i.e., step-down transformer) etc., required for complete connection of all equipment, including but not limited to, air compressor, dryer, equipment skid, flare, and instrumentation. B. All electrical panels, disconnects and junction boxes shall have a minimum rating of NEMA 3R. C. Electrical Disconnect and Load Center: ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 21 OF 23 15090-3 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP 1. The electrical disconnect located at the Owner -installed electrical service shall be rated for 480V, 3 -Phase of adequate size for all connected equipment. 2. The 480V, 3 -Phase load center located within the Blower/Flare Facility shall accommodate the blower/flare, compressor, and a minimum 5 KVA stepdown transformer supplying 120/240 single-phase load center for desiccant dryer and convenience outlet. Contractor to supply a minimum of one (1) GFCI protected convenience outlet on a 15 amp, 120 V breaker at the load control location. PART 3 - EXECUTION 3.1 EXISTING CONDITIONS A. Inspection: 1. Prior to all work of this section, the Contractor, shall carefully inspect the installed Work of all other trades and verify that all such Work is complete to the point where this installation may properly commence. 2. Verify that the Work of this section was installed in accordance with all pertinent codes and regulations, the original design, and the referenced standards. B. Discrepancies: 1. In the event of discrepancy, the Contractor shall immediately notify the Engineer. 2. The Contractor shall not permit the Blower/Flare Supplier to proceed with commissioning in areas of discrepancy until such discrepancy has been resolved. 3.2 INSTALLATION Revision 0 A. The Contractor shall install the LFG flare and gas handling systems specified in this section in strict accordance with the Blower/Flare Supplier's recommendations, including associated specifications and drawings, as approved by the Engineer, including all electrical connections to electrical service. B. Following installation of the gas handling system and prior to functional and validation testing of the LFG flare and gas handling systems, the Contractor shall perform a laser alignment on the blowers/motors using a subcontractor with experience in laser alignments and on a list of approved vendors for such work, as confirmed by Blower/Flare Supplier. C. Contractor shall install the compressor, dryer, and oil/water separator in strict accordance with manufacturers written installations guidelines and recommendations. D. Contractor shall prepare the blower/flare facility, including fill placement, grading, installation of non- woven geotextile, and aggregate surface consistent with the Construction Plans and/or Technical Specifications (see Section 02222 — Excavation, Trenching, Backfill, and Grading). E. Contractor shall prepare and install the concrete foundations, including placement of Size No. 57 stone, for the flare skid, gas handling system skid, and compressor consistent with Construction Plans and Technical Specifications, and any necessary revisions thereof. F. The Work of this section shall be installed plumb and perpendicular to piping where required on Construction Plans. Contractor shall anchor equipment skid and flare base to concrete foundations consistent with the details in the Construction Plans. G. Contractor shall obtain all required electrical permits for complete installation in accordance with the ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 22 OF 23 15090-4 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP National Electrical Code, and coordinate all required inspections prior to start-up of the system. H. Painting: Marred or abraded surfaces shall be cleaned and refinished in accordance with the Blower/Flare Supplier's recommendations. 3.3 START-UP AND TESTING A. Start-up: 1. The Blower/Flare Supplier shall furnish a factory -trained Technician and Operations Engineer, if necessary, for a minimum of 3 days of start-up demonstration and testing, in accordance with Part 1.1.F. Personnel training shall be performed on the 3rd day of the start- up demonstration and testing. The Technician will remain on site until start-up of the system has been completed to the Engineer's satisfaction. B. Functional and Validation Tests: 1. Upon completion of the installation; functional tests and validation tests shall be performed by the Blower/Flare Supplier with the assistance of the Contractor. The Blower/Flare Supplier shall demonstrate compliant operation of the systems to the Engineer's satisfaction. Contractor shall make necessary adjustments as deemed necessary by the Blower/Flare Supplier or OAR. Should the system NOT perform to the requirements of this specification, the expense of any re -testing, if required, will be borne by the responsible entity (i.e., either GCCS Contractor or Blower/Flare Supplier). 2. The Contractor shall also participate in a continuous 3 -day performance demonstration, conducted for three (3) consecutive days as follows: a. The entire system must operate successfully throughout the 3 -day demonstration period in the manner intended. If the Work does not operate successfully, the problems shall be corrected, and the 3 -day test shall be restarted to Day 1. b. Acceptability of the system's performance will be based on the system performing as specified. The intent of the demonstration is for the Contractor to demonstrate to the Owner and Engineer that the system will function as a completed and operable system under normal, as well as emergency operating conditions and is ready for acceptance. 3. The OAR shall observe and document the functional tests and validation tests, and 3 -day performance demonstration. 4. System start-up, energizing the system, and demonstration shall be performed in accordance with the Blower/Flare Suppliers instructions and recommendations. 3.4 INSTRUCTIONS Revision 0 A. When all required approvals of this portion of the Work have been obtained, and at a time designated by the Owner and/or Engineer, the Blower/Flare Supplier shall thoroughly demonstrate to the Owner and selected representatives of the Owner the operation and maintenance of all items installed under this specification. B. The instructions shall be separate from the installation, start-up, and equipment adjustment services. END OF SECTION ADDENDUM NO. 1 ATTACHMENT NO. 1 SHEET 23 OF 23 15090-5 SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP UPDATED: 03/14/2016 MODIFICATION OF ELECTRICAL EDUIPMEN-I AND LINES RENSION NO. DATE DESCRIPTION RENSION CATE DESCRPTION CEFE VALENZUELA GCCS DESIGN BLOWER/FLARE FACILITY PLAN CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS 1901 PH (El 7I) S71.2266 FANTRAL X NO.(8sn'BEDFOt67,21E8D, Tx 16021 g 5 0PDATED: 03/14/2016 MODIEICATION OE 2 SS E. L VALVE RENSION NO. DESCRIPTION DESCRPTION CEFE VALENZUELA GCCS DESIGN MISCELLANEOUS BLOWER/FLARE DETAILS CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services SCS ENGINEERS STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS 1901 CENTRAL OHNE, SURE SSO, BEDFORD,111 76021 PH (El 7) S71.2289 FAX NO. (817) 57,21E8 CON /WORKS LLC® CITY OF CORPUS CHRISTI, TEXAS PROJECT NO. E16289 CEFE VALENZUELA LANDFILL GAS COLLECTION AND CONTROL SYSTEM December 14, 2016 Tri Con Works, L.L.C. Proposal No. 416033 1211 Hollywood St. Houston, Texas 77015 713-453-8654 713-330-9240 Addendum No. .01 Addendum Date /2/W/‘ Signature Acknowledging Receipt 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1— BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by -pta ) G✓J1(f � 11 (type or print name of company) on: Wednesday, December 14, 2016 at 2:00 PM for E16289 Cefe Valenzuela Landfill — Gas Collection and Control System. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid - Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2 — BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Bid Acknowledgement Form Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 003000-1 Rev 01-13-2016 ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: A. Drawings of physical conditions relating to existing surface at the Site; and B. Underground Facilities referenced on drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. Bid Acknowledgement Form 00 30 00 - 2 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev01-13-2016 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4 — BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5 — EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record, the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non -conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 203 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Bid Acknowledgement Form 00 30 00 - 3 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 Paragraph 15.06 of the General Conditions within 233 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7 — ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON -COLLUSION CERTIFICATION. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9 — VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10 — SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. Bid Acknowledgement Form Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 003000-4 Rev 01.13-2016 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11— BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: By: Name: Title: Attest: (typed or printed fu!l legal name of Bidder) (individuals signature) ?3 ,51vt/ ,Weirrlis (typed or printed) �o p0.51- typec(or printed) State of Residency: Federal Tax Id. No. Address for giving notices: (individual's signature) 7X19 7C _0.c66gz /2/1 mL/ f-'zdrop HoosnN1D( 720/4— Phone: 7/3-5 2 .- 7/91f Email: F�.CUL2.T g_tiAoc •Gorki (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) ENO OF SECTION Bid Acknowledgement Form 00 30 00 - S Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 01-13-2016 00 30 01 BID FORM Project Name: Cefe Valenzuela Landfill - Gas Collection and Control System Project Number: E16289 Owner: City of Corpus Christi Bidder: fir; Cory wors, LLC OAR: SCS Engineers Designer: SCS Engineers Basis of Bid Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid Part A - General (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 2$10,90,00 2E000,a9 A2 Vertical LFG Extraction Wells (6 -inch HDPE) VF 1,650 65.00 ,07, 25-0.06 A3 Well Abandonment VF 300 2L1 o 1 2v0.00 A4 Trench Safety LF 1,050 5.c10 5, 250.00 A5 2 -inch Dia. Vertical Wellheads EA 26 g20.00 23,,32,00 A6 2 -inch HDPE SDR 9 Air Supply Line (Common Trench) LF 5,550 2.0o /i1 Joo.o° A7 2 -inch HDPE SDR 11 Single -Contained Condensate Forcemain (Common Lateral Trench) LF 1,150 2.0o L 300,60 A8 3 -inch HDPE SDR 11 Single -Contained Condensate Forcemain (Common Header Trench) LF 4,000 .3.00 IZtDoo.00 A9 3 -inch HDPE SDR 11 Single -Contained Condensate Forcemain (Seperate Trench) LF 200 12,60 21iiGYJ.00 A10 3 -inch SDR 11 by 6 -inch SDR 17 HDPE Dual -Contained Condensate Forcemain (Common Trench) LF 450 1t,50 5 i75,00 All 3 -inch SDR 11 by 6 -inch SDR 17 HDPE Dual -Contained Condensate Forcemain (Separate Trench) LF 650 2 (.Oo 13, (aSD.6 Al2 6 -inch HDPE SDR 17 Lateral Pipe LF 3,150 20.00 113,000, po A13 8 -inch HDPE SDR 17 Header Pipe LF 2,300 21.0D 48,360, Do A14 18 -inch HOPE SDR 17 Header Pipe LF 2,400 48,00 (i 5,Zoo.c0 A15 24 -inch HDPE SDR 17 Header Pipe LF 1,650 7(,.10 /2 400. co A16 24 -inch HDPE SDR 26 Header Pipe LF 450 72.0 32, #00,00 A17 2 -inch Condensate Air Supply Isolation and Blow -off Valve Assembly EA 5 MOD 4, q00.00 A18 3 -inch Condensate Forcemain Isolation Valve Assembly EA EA 5 1 1,3ro.oa 1, 85-0,00 6),55¢.0o I, 8Sa.6o A19 8 -inch Isolation Valve (Gear Operated) A20 14 -inch Isolation Valve (Gear Operated) EA 1 3, goa.00 3, 800.00 A21 18 -inch Isolation Valve (Gear Operated) EA 2 S.qCa.00 17, $00.00 A22 24 -inch Isolation Valve (Gear Operated) EA 2 [9,6 -moo 39,000} 00 A23EA 18 -inch Single -Contained Condensate Sump & Pump (CS- 4) 1 164 6-00.Do 18,5049.0o Bid Form Cefe Valenzuela Landfill - Gas. Collection and Control System, Project No. E16289 Page l of 2 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT A24 24 -inch Single -Contained Condensate Sump & Pump (CS - 1, CS -2, and CS -3) EA 3 2,11 Sc .00 7-f, yoo.00 A25 12 -inch CMP Road Crossing LF 155 33.00 5,' (5-. o0 A26 18 -inch CMP Road Crossing LF 70 39.00 2, ?Moo A27 36 -inch CMP Road Crossing LF 70 5500 .3,850 ,00 A28 Installation of Blower/Flare and Compressor LS 1 9.r-}4"ri 50.0b 241.150 . DO A29 Blower/Flare Facility Site Preparation/Grading/Foundations LS 1 111,500,00 1-1 (,SOD.00 A30 Electrical Hook-up of Blower/Flare and Compressor LS 1 211,060.0o 2'+,00o .DO A31 Seeding, Mulch, and Fertilizer L5 1 Zgoo.00 2,110o .0o A32 15 HP Rotary Screw Air Compressor, Desiccant Dryer, Oil/Water Separator, Piping, and 12'x12' Cover LS 1 21, Sot,ao 27,500,00 A33 Chain Link Security Fence and Gates (Single- and Double- Swing) LS 1 1S,Obo.00 ISf000:no A34 Propane Tank and Interconnecting Piping LS 1 1550,00 o0 3.50o,a0 SUBTOTAL PART A - GENERAL (Items Al thru A34) ct1 G1, /l090 as Part B -ALLOWANCES (per SECTION 0123 10 ALLOWANCES} 203 q j t (,q0, D0 SUBTOTAL PART B - ALLOWANCES (Item B1) $ B1 Allowance LS I 1 $ 100,000.00 $ 100,000.00 SUBTOTAL PART B - ALLOWANCES (Item Bi) $ 100,000.00 BID SUMMARY SUBTOTAL PART A - GENERAL (items Al thru A34) 203 q j t (,q0, D0 SUBTOTAL PART B - ALLOWANCES (Item B1) $ 100,000.00 TOTAL PROJECT BASE BID (PARTS A AND B) 1,01q, G qo. 00 Contract Times rBidder agrees to reach Substantial Completion in 203 days Bidder agrees to reach Final Completion in 233 days Bid Form Cele Valenzuela Landfill - Gas Collection and Control System, Project No. E16289 Page 2 of 2 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not Tess than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of XBidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: By: Name: Title: Business address: Phone: TO C r 9 11 410/ti j yped or printed) (' nature - attach evidence of authority to sign) ,YiefA✓ 10107i I s (typed or printed) /,2// fi#z/rglop/' Moi, --0/v 7-/' 7Y/5 7/3 8,29-7/9ie Email: #6/1!9/i/4) na/410200tS,/v-M END OF SECTION Compliance to State Law on Nonresident Bidders Cefe Valenzuela Landfill - Gas Collection and Control System, Project No. E16289 00 30 02 -1 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest ..,.oCity of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. SUPPLIER NUMBER TO BE ASSIGNED BYCR"— PURCHASING DIVISION COMPANY NAME: P. O. BOX: STREET ADDRESS: T1CoA/ WD,lks LL L / J1 illeapiwav CITY: 057A) ZIP: 770f.� FIRM IS: 1. Corporation J$� 2. Partnership e 4. Association LJ S. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nam /I Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name /d Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name ivm Consultant City of Corpus Christi Disclosure of interest 003005-1 Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: y/yi/rf /(QdB�l� Signature of Certifying Person: Title: DEFINITIONS Date: /2//2/) a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Qty of Corpus Christi Disdosure of Interest 003005-2 Rev 01-13-2016 00 30 06 NON -COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 CONTRACT: Cefe Valenzuela Landfill — Gas Collection and Control System Project No. E16289 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: By: Name: Title: Business address: Phone: Thr &,i walf Zz (typed or printed) n • ur -- attach evidence of authority to sign) 99(5At/ /odify (typed or printed) / 0 - gt�.-pFivT- /,// hiazL rliiao. ' Ma.57-Piv / 7i1 " 77v/5' 7!7 - ae2 J�% �. Email: l',f✓i/®7-0,i%Iv, • (b/i END OF SECTION Non -Collusion Certification Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 003006-1 11-25-2013 Bid Bond CONTRACTOR: (Winne, legal stairs and address) Tri Con Works, LLC 1211 Hollywood St. Houston, TX 77015 Document A310 TNI - 2010 Conforms with The American institute of Architects AIA Document 310 SURETY: (Name, legal Alarms and principal place c:f business) International Fidelity Insurance Company One Newark Center Newark, NJ 07102-5207 OWNER: (Nacre, legal status and address) City of Corpus Christi Cefe Valenzuela Landfill 1201 Leopard St. Corpus Christi, TX 78401 BOND AMOUNT: $ 5% Five Percent of Amount Bid PROJECT: (Name, location or address and Project raarnber, if any) Landfill Gas Collection Control System Project No. E16289 This document has Important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount sot forth above, for the payment of which the Contractor and Surety bind themselves. their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such lime period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terns of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perlonn the work covered by said bid, then this obligation shall be null and void, otherwise to remain in Tull force and effect. The Surety hereby waives any notice of an agreement between the Owner und Contractor to extend the time in which the Owner stay accept the bid. Waiver ol'notice by the Surety shall not apply to tiny extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the hid documents, and the Ower and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor. the term Contractor in this Bond shall be deemed to be Subcontractor and the terns Owner shall be deemed to be Contractor. VL'faen this Bond has been furnished to comply with a statutory or other legal requirement in the location ol'the Project, any provision in this Bund conflicting eeith said statutory or legal requirement shall be deemed deleted herelrom and provisions conforming to such statutory or other legal requirement shall he deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as u common law bond. Signed and scaled this 14th dos' of December, 2016 1l (11'!! 17 es,v Joe en arvey Tri Con Works, LL (Principal) f (Sial) B—P�x/2 T (Title) International Fidelity Insurance Company (Sa 1' ) i (Seal) By: (Tille)Kathileen M. Coen Attorney -in -Fact S-0054/AS 8110 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint HOLLY L. LYNCH, GARY J. GIULIETTI, WILLIAM B. BRIDGMAN, KATHLEEN M. COEN, CHELSY LEE ALIGIZAKIS Farmington, CT. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authoritof the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authorityof the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2015. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Chief Executive Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 31st day of December 2015, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set myhand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. e��ll 2016, IN TESTIMONY WHEREOF, I have hereunto set my hand this day of MARIA.BRANCO, Assistant Secretary .11 6' INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER, 20Th FLOOR, NEWARK, NEW JERSEY 07102-5207 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2015 ASSETS Bonds (Amortized Value) $98,458,862 Common Stocks (Market Value) 31,508,222 Mortgage Loans on Real Estate 373,152 Cash, Bank Deposits Sr Short Term Investments 35,819,450 Other Invested Assets 432,450 Unpaid Premiums & Assumed Balances 10,051,083 Reinsurance Recoverable from Reinsurers (129,053) Electronic Data Processing Equipment 625,537 Investment Income Due and Accrued 582,669 Current federal & foreign income tax recoverable & interest thereon 261,876 Net Deferred Tax Assets 4,054,946 Receivables from Parent, Subsidiaries Sr Affiliates 129,984 Other Assets 20,925,879 TOTAL ASSETS LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) Reinsurance Payable on Paid Losses and Loss Adjustment Expenses Loss Adjustment Expenses Commissions Payable, Contingent Commissions & Other Similar Charges . Other Expenses (Excluding Taxes, Licenses and Fees) Taxes, Licenses & Fees (Excluding Federal Income Tax) Unearned Premiums Dividends Declared & Unpaid: Policyholders Ceded Reinsurance Premiums Payable Funds Held by Company under Reinsurance Treaties Amounts Withheld by Company for Account of Others Provision for Reinsurance Payable to Parent, Subsidiaries and Affiliates Other Liabilities TOTAL LIABILITIES Common Capital Stock Gross Paid -in & Contributed Surplus Surplus Notes Unassigned Funds (Surplus) Less: Treasury Stock at cost (40,558 shares common) (value incl. $45.) Surplus as Regards Policyholders TOTAL LIABILITIES, SURPLUS & OTHER FUNDS $203,095,057 ($564,096) 1,270,638 3,267,578 191,728 3,600,877 331,317 32,509,578 800,000 3,337,507 1,031 67,779,362 51,384 92,221 6,548,908 $119, 12 8_x033 81,500,000 374,600 16,000,000 67,827,534 1,825,110 883,877024 8203,095,057 1, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, December 31, 2015, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. IN TESTIMONY WHEREOF, 1 have set my hand and affixed the seal of the Company, this 22nd day of February, 2016. INTERNATIONAL FIDELITY INSURANCE COMPANY 00 52 23 AGREEMENT This Agreement, for the Project awarded on January 31, 2017, is between the City of Corpus Christi (Owner) and Tri Con Works LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Cefe Valenzuela Landfill — Gas Collection and Control System Project No. E16289 ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: SCS Engineers — Ryan Kuntz, P.E 1901 Central Drive, Suite 550 Bedford, Texas, 76021 2.02 The Owner's Authorized Representative for this Project is: Wayne Otto, P.E. — Acting Construction Engineer City of Corpus Christi — Engineering Services 4917 Holly Rd., Bldg. #5 Corpus Christi, TX 78411 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 203 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 233 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 00 52 23 - 1 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $2,000 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. Substantial completion is defined in Article 1.01 of SECTION 00 72 00 GENERAL CONDITIONS, and shall include complete installation for its intended use all extraction wells, pipe, fittings, and valves and associated connections, and all equipment, including but not limited to, pumps, compressor and incidentals, and Owner -supplied blower/flare equipment. Contractor shall have coordinated and completed the functional and validation tests for the blower/flare equipment in accordance with SECTION 15090 EQUIPMENT INSTALLATION AND STARTUP prior to substantial completion. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $2,000 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 1,019,690.00 ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 00 52 23 - 2 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 00 52 23 - 3 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; and 2. Underground Facilities referenced on drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Agreement 00 52 23 - 4 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR —Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 00 52 23 - 5 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI i Digitally signed by Rebecca Huerta DN'. cn=Rebecca Huerta, o, ou, mail=rebeccah@cctexas.com, c=US Date'. 2017.03.01 15'.42.38 -0600' Rebecca Huerta City Secretary Digitally signed by Jeff Edmonds DN'. cn=Jeff Edmonds, o, ou=Engineering, emailleffreye@cctexas c=US Date'. 2017.02.28 10'.55'.27 -06'00' J.H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM: M2017-016 AUTHORIZED Aimee Alcorn -Reed 2017.02.27 17:34:01 -06'00' Assistant City Attorney BY COUNCIL 1/31/17 RH/ML Digitally signed by RH/ML Date: 2017.03.01 14:35:42 -06'00' ATTEST (IF CORPORATION) CONTRACTOR Digitally signed by Sarah H. Smith SarahH. Smith DmailSarah@M cn=Sarah H. Smith,triconworkscom, o=Tri ConcUS Works, LLC, ou.. Date'. 2017.02.02 11'.45'.25 -0600' Tri Con Works LLC (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: Gary W. Smith Digitally signed by Gary W. Smth DN_ cn=Gary W Smith, ,Tri Can Works, LLC, ou, ail=gary@tteanwan6 com, c=US Date_ 2017 02 02 11 45 05 -0600' Co -President 1211 Hollywood Address Houston, TX 77015 City 713/829-7194 State Zip 713-330-9240 Phone Fax BRYAN@TRICONWORKS.COM EMail END OF SECTION Agreement 00 52 23 - 6 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 ACC31,RDI, GATE IMMlDD1YYYYj CERTIFICATE OF LIABILITY INSURANCE 5/2412017 2/9/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies _NAME:CONTACT 76 Batterson Park Road RHONE FAx AC.Mo. AfC No): Farmington CT 06032 E-MAIL 860-678-4000 ADDRESS: INSURERS AFFORDING COVERAGE MAIC N INSURER A.Starr Surplus Lines Insurance Company 13604 INSURED Tri Con Works,LLC INSURER B.Philadelphia Indemnity Insurance Co. 18058 1410126 Tri Can Holdings,Inc. INSURER C:American Interstate Insurance CornppEy 31895 1211 Hollywood 5t INSURER 13;Evanston Insurance Company 3.5.378 Houston TX 77015 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 14496339 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLICY EXP LTR TYPE OF INSURANCE AGDL SUBR POLICY NUMBER MM OYIYYYY MFF MfDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 1' y 1000066223161 5124/2016 5124;2017 EACH OCCURRENCE s 11000,000 CLAIMS-MADE x OCCUR PREMISES E�a o=rren� s 50,000 X Ctretr Po111eond$5M / MED EXP(Any one person) s 5.000 X E&0/claim 81M PERSONAL R ADV INJURY $ ] 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 10,000,000 POLICY PRO- JECT I A I LOC PRODUCTS-COMPIOP AGG S 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY N IIHIlK1496059 5/24/2016 512412017 COaBBINE D161NGLELIMIT s 1000,000 x ANY AUTO BODILY INJURY(Par person) S XXXXXXX i OWNED SCHEDULED BODILY INJURY(Per acadent) $ AUTOS ONLY AUTOS XXXXXXX HIREDNON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per aadden[ S XXXXXXX SXXXXXXX A x UMBRELLA LIAB x OCCUR/ Y N 1000336914161 5/24/2016 5/24/2017 EACH OCCURRENCE s 1,000,000 EXCESS LIAR CLAIMS-MADE �- AGGREGATE is XXXXXXX DED 7X i RETENTIONS 10,000 S XXXXXXX WORKERS COMPENSATION / Y r ,. n_ _,_n rT r X STATUTE OR7H- C AND EMPLOYERS'LIABILITY - AVWC"FX2535,5_016 1011/-016 101/2017 ANY PROPRIETORIPARTNERIEXECUTIVE YIN N E.L.EACH ACCIDENT $ 1.000.000 OFFICEIM ndatory In NH)MEMBER EXCLUDED? N!A ` E.L.DISEASE-EA EMPLOYEE S 1000 000 If yes,describe under DESCRIPTION OF OPERATIONS halo, E.L.D1SFA5E-POLICY LIMIT'S 1 '000 000 D l3usiness Personal Property 1 N MAX61M0047597 5/24/2016 5/24/2017 572,000.00 Equipment f ` 51,172,975.00 hIslaRatio ' 5250,000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLD-R,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. Project:E16289.Cefe Venezuela Landfill.City of Corpus Cristi is included as additional insured with respects to the general liability on a primary and non-contributory basis,auto liability and umbrella liability as required by written contract.Waiver of Subrogation applies in favor of the additional insured as per written contract,Installation Floater:5250,000.00. CERTIFICATE HOLDER CANCELLATION 14496338 City of Corpus Christi-Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P.O.BOX 9277 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O Corpus Christi TX 78469 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1488-2015 ACOr4D CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1201 Leopard St. 78401 361/826-3530 From: LaFleur, Michael [mailto:mlafleur@lockton.com] Sent:Thursday, February 23, 2017 8:40 AM To:Sylvia Arriaga Cc: 'Sarah H. Smith' Subject:Tri Con Works Construction Contract E16289 Cefe Valenzuela Landfill Gas Collection &Control System Good Morning Sylvia, It was a pleasure speaking with you and I appreciate your patients with outstanding endorsements. As discussed, they have all been ordered with the carriers on a RUSH basis and I am hoping to have them in by tomorrow or early next week the latest. As mentioned, this was my fault as I was focused on the installation coverage and other various endorsements that this request fell through the cracks of which I apologize for. Again, thank you for understanding and I will be in touch with these final items ASAP. Should you need anything from me please don't hesitate to call me. Best Regards, Mike Michael R. LaFleur, CIC Assistant Vice President Account Executive Lockton Companies 76 Batterson Park Road, 3111 Floor Farmington, CT 06032 Tel: 860.678.4034 Cell: 860.558.2126 Fax: 860.678.4099 E-mail: mlafleur@lockton.com Please note: Lockton has converted from Office 2003 to 2007. Any attached fifes were created using Microsoft Office 2007. if you cannot view the file, click here to download the converter. 2 Sylvia Arria a To: LaFleur, Michael Cc: 'Sarah H. Smith' Subject: RE: Tri Con Works Construction Contract E16289 Cefe Valenzuela Landfill Gas Collection & Control System Thank you. 7" epw Sy-a At" Construction Contracts Mgr. City of Corpus Christi Engineering Dept. 1201 Leopard St. 78401 361/826-3530 From: LaFleur, Michael [mailto:mlafleur@lockton.com] Sent:Thursday, February 23, 2017 8:50 AM To:Sylvia Arriaga Cc: `Sarah H. Smith' Subject: RE:Tri Con Works Construction Contract E16289 Cefe Valenzuela Landfill Gas Collection & Control System That is correct... Regards, Mike Michael LaFleur Lockton Companies 860-678-4034 (0) 860-558-2126 (C) From: Sylvia Arriaga [mailto:SylviaA(a)cctexas.com] Sent: Thursday, February 23, 2017 9:47 AM To: LaFleur, Michael Cc: 'Sarah H. Smith' Subject: RE: Tri Con Works Construction Contract E16289 Cefe Valenzuela Landfill Gas Collection & Control System Mike— To be clear you are referring to the 30 day notice of cancellation endorsements still lacking for the G/L, A/L and W/C policies, is this correct? 7" y.= -50P ea 711"" Construction Contracts Mgr. City of Corpus Christi Engineering beet. 1 POLICY NUMBER: 1000066223161 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or O anization s : Location(s)Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused,in whole or in part,by: location of the covered operations has been 1. Your acts or omissions;or completed; or 2. The acts or omissions of those acting on your 2• That portion of "your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the location(s) other than another contractor or subcontractor designated above. engaged in performing operations for a principal as a part of the same project. However: 1. The insurance afforded to such additional C. With respect to the insurance afforded to these insured only applies to the extent permitted by additional insureds, the following is added to law;and Section III—Limits Of Insurance: 2. If coverage provided to the additional insured is If coverage provided to the additional insured is required by a contract or agreement, the required by a contract or agreement, the most we insurance afforded to such additional insured will pay on behalf of the additional insured is the will not be broader than that which you are amount of insurance: required by the contract or agreement to 1. Required by the contract or agreement;or provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage"occurring after: Declarations. CG 2010 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 1 POLICY NUMBER: 1000066223161 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Location And Description Of Completed Organization(s): O erations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to required by the contract or agreement to include as an additional insured the person(s) or provide for such additional insured. organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in part, by additional insureds, the following is added to .your work" at the location designated and Section III—Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and included required by a contract or agreement,the most we in the"products-completed operations hazard". will pay on behalf of the additional insured is the However amount of insurance: 1. The insurance afforded to such additional 1. Required by the contract or agreement;or insured only applies to the extent permitted by 2. Available under the applicable Limits of law;and Insurance shown in the Declarations; 2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the This endorsement shall not increase the applicable insurance afforded to such additional insured will not be broader than that which you are Limits of Insurance shown in the Declarations. CG 20 37 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 1 POLICY NUMBER: PHPK1496059 IL 12 06 04 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS POLICY CHANGES Effective Date of Change: 05/24/2016 Change Endorsement No.: 4 Revision No.: 4 Named Insured: Tri Con Works LLC The following item(s): Insured's Name Insured's Mailing Address Policy Number Company Effective/Expiration Date Insured's Legal Status/Business of Insured Additional Interested Parties Premium Determination Limits/Exposures x Coverage Forms and Endorsements Covered Property/Location Description Deductibles Rates Classification/Class Codes is (are)changed to read(See Additional Pages)): Path ID 10178952 The above amendments result in a change in the premium as follows: X NO CHANGES TO BE ADJUSTED ADDITIONAL PREMIUM IRETURNPREMIUM AT AUDIT $ $ Countersigned By: Issue Date: 11/08/2016 (Authorized Agent) IL 12 06 04 03 0 ISO Properties, Inc., 2002 Page 1 D POLICY CHANGES ENDORSEMENT DESCRIPTION In consideration of the premium reflected,the policy is amended as indicated below: Added: Form PI-CA-003 Blanket Additional Insured Per attached. P#10178952 REMOVAL PERMIT If this policy includes the Commercial Property Coverage Part, or the Capital Assets Program (Output Policy) Coverage Part with all property scheduled on the Scheduled Location Endorsement OP 14 01, the following ap- plies with respect to that Coverage Part: If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change; after that, this insurance does not apply at the previous location. IL 12 06 04 03 ©ISO Properties, Inc., 2002 Page 2 13 PI-CA-003(04/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A. SECTION II—COVERED AUTOS LIABILITY COVERAGE,A. Coverage, 1.Who Is An Insured is amended by adding the following: The following are also"insureds": Any person or organization for whom you are required by an "insured contract"to procure"bodily injury" or"property damage" liability insurance arising out of the operation of a covered"auto"with your permission. However,this additional insurance does not apply to: 1. The owner or anyone else from whom you hire or borrow a covered"auto." This exception does not apply if the covered "auto" is a"trailer"connected to a covered"auto"you own; 2. Your"employee" if the covered"auto" is owned by that"employee"or a member of his or her household; 3. Anyone using a covered"auto"while he or she is working in a business of selling, servicing, repairing, parking or storing "autos"unless that business is yours; 4. Anyone other than your"employees,"partners(if you are a partnership), members(if you are a limited liability company), or a lessee or borrower or any of their"employees,"while moving property to or from a covered"auto"; or S. A partner(if you are a partnership), or a member(if you are a limited liability company)for covered"auto"owned by him or her or a member of his or her household. B. The"insured contract" must be in effect during the policy period shown in the Declarations and must have been executed prior to the"bodily injury"or"property damage". C. This person or organization is an"insured"only to the extent you are liable due to your ongoing operations for that"insured",whether the work is performed by you or for you, and only to the extent you are held liable for an"accident"occurring while a covered"auto" is being driven by you or one of your employees. D. There is no coverage provided to this person or organization for"bodily injury"to its employees or for "property damage"to its property. E. Coverage for this person or organization shall be limited to the extent of your negligence or fault according to the applicable principles of comparative negligence or fault. F. The defense of any claim or"suit"must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or"suit". G. A person's or organization's status as an"insured" under this endorsement ends when your operations for that"insured"are completed. Page 1 of 2 PI-CA-003 (04/14) H. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any"insured,"or to procure insurance. I. The following additional exclusions apply: The insurance afforded to any person or organization as an "insured" under this endorsement does not apply to"loss": 1. Which occurs prior to the date your contract is effective with such person or organization; 2. Arising out of the sole negligence of any person or organization that would not be an"insured" except for this endorsement; or 3. Which occurs after you returned the leased or rented"auto"to the lessor or the policy period ends,whichever occurs first. Page 2 of 2 *Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: 1000066223161 Effective Date: May 24, 2016 at 12:01 A.M. Named Insured: Tri Con Works, L.P. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage Form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A. SECTION 11-WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of"your work'for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury' or "property damage'arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional Insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY aEl�zz A&y.A. Charles H.Da gelo, President Nehemiah E.Ginsburg,GeneraVCounsell SL 023(06/11) Page 1 of 1 Copyright m C.V.start 6 Company and sten Surplus Unes lnsuranco Company.Ag rights reserved. includes copyrighted material of ISO Properties,Inc.used w tth Its permisston. PI-CA-001 (09/15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Page Coverage Applicable Limit of Insurance # Who is An Insured 2 Board Members Included Newly Acquired Entities Included Designated Insured Included Lessor of Leased Autos Included Cost of Bail Bonds $5,000 2 Reasonable Expenses—Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage (Windshields and Windows No deductible applies 3 Transportation Expenses $100 per da /$3,000 maximum 3 Hired Auto Physical Damage—Loss of Use $100 per da /$1,000 maximum 3 Hired Auto Physical Damage ACV or repair or replacement of the 4 vehicle whichever is less Personal Effects $500 4 Rental Reimbursement $100 per da /30 days 4 Accidental Discharge—Air Bag Amended 4 Electronic Equipment $1000 5 Original Equipment Manufacturer Parts Included 5 Replacement Auto Loan/Lease Gap Coverage Amended 5 One Comprehensive Coverage Deductible Per Amended 6 Occurrence Notice of and Knowledge of Occurrence Amended 7 Blanket Waiver of Subrogation Amended as required by written contract 7 Unintentional Errors or Omissions Amended 7 Mental Anguish—Bodily Injury Redefined Amended 7 Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms,conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement. Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below. Page 1 of 7 C 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-CA-001 (09/15) I. LIABILITY COVERAGE EXTENSIONS A. Who Is An Insured SECTION II—LIABILITY COVERAGE,A.Coverage, 1.Who Is An Insured is amended by adding the following: The following are also"insureds": 1. Board Members—Board members(or their spouses)while renting a vehicle while on business for the named insured. 2. Newly Acquired Entities—Any business entity newly acquired or formed by you during the policy period, provided you own 50%or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity. 3. Designated Insured—Any person or organization designated by the"insured" is an"insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. 4. Lessor of Leased Autos—The lessor of a"leased auto"is an"insured"only for"bodily injury"or"property damage"resulting from the acts or omissions by: a. You; b. Any of your"employees"or agents; or c. Any person, except the lessor or any"employee"or agent of the lessor, operating a"leased auto"with the permission of any of the above. Any"leased auto"in the policy schedule will be considered a covered"auto"you own and not a covered"auto"you hire or borrow. The coverages provided under this endorsement apply to any"leased auto"in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the"leased auto,"whichever occurs first. "Leased auto"means an"auto"leased or rented to you, including any substitute, replacement or extra"auto"needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. B. Cost of Bail Bonds SECTION II—LIABILITY COVERAGE,A. Coverage, 2.Coverage Extensions, a. Supplementary Payments,Item (2)is deleted in its entirety and replaced with the following: (2) Up to$5,000 for cost of bail bonds(including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. C. Reasonable Expenses SECTION II—LIABILITY COVERAGE,A.Coverage,2. Coverage Extensions, a. Supplementary Payments, Item (4) is deleted in its entirety and replaced with the following: Page 2 of 7 ©2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-CA-001 (09/15) (4) All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to$500 a day because of time off from work. D. Fellow Employee Coverage SECTION II—LIABILITY COVERAGE, B. Exclusions,5.Fellow Employee is deleted in its entirety and replaced by the following: "Bodily injury"to any fellow"employee"of the"insured"arising out of and in the course of the fellow"employee's"employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to any manager or officer of your company. II. PHYSICAL DAMAGE COVERAGE EXTENSIONS A. Towing SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage,2.Towing is deleted in its entirety and replaced with the following: 2. Towing We will pay up to$100 for towing and labor costs incurred each time a covered"auto" is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this enhancement. B. Glass Breakage SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage,3. Glass Breakage—Hitting A Bird Or Animal—Falling Objects Or Missiles is amended by adding the following: No deductible applies to"loss"to glass used in the windshield or windows. C. Transportation Expenses SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage,4. Coverage Extensions,a. Transportation Expenses is deleted in its entirety and replaced with the following: a. Transportation Expenses We will pay up to$100 per day to a maximum of$3,000 for temporary transportation expenses incurred by you because of a"lose to a covered"auto." We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the"loss"and ending, regardless of the policy's expiration, when the covered"auto"is returned to use or we pay for its"loss." D. Hired Auto Physical Damage—Loss of Use The last sentence of SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage,4. Coverage Extensions,b. Loss of Use Expenses is deleted in its entirety and replaced with the following: However,the most we will pay for any expenses for loss of use is$100 per day,to a maximum of$1,000. Page 3 of 7 ©2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-CA-001 (09/15) E. Hired Auto Physical Damage SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage,4. Coverage Extensions is amended by adding the following extension: Hired Auto Physical Damage Any"auto"you lease, hire, rent or borrow from someone other than your"employees"or partners, or members of their household is a covered"auto"for each of your physical damage coverages. The most we will pay for any"loss"in any one"accident" is the ACV or the cost for repair or replacement of the vehicle,whichever is less. For each covered"auto"our obligation to pay will be reduced by a deductible of$500 for Comprehensive Coverage and$1000 for Collision Coverage. F. Personal Effects Coverage SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4. Coverage Extensions is amended by adding the following extension: Personal Effects Coverage We will pay up to$500 for"loss"to personal effects,which are: 1. Owned by an"insured"; and 2. In or on your covered"auto." This coverage applies only in the event of the total theft of your covered"auto." No deductible applies to this coverage. G. Rental Reimbursement SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions is amended by adding the following extension: Rental Reimbursement Coverage We will pay up to$100 per day,for up to 30 days,for rental reimbursement expenses incurred by you for the rental of an"auto"because of'loss"to a covered"auto." We will also pay up to$300 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered"auto." If'loss"results from the total theft of a covered"auto,"we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Item 111.C. Transportation Expenses of this endorsement. H. Accidental Discharge—Airbag Coverage SECTION III—PHYSICAL DAMAGE COVERAGE, B.Exclusions, Paragraph 3. is amended by adding the following exception: Page 4 of 7 ©2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-CA-001 (09/15) This exclusion does not apply to the accidental discharge of an airbag. This coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. I. Electronic Equipment Coverage The following supersedes anything to the contrary in SECTION 111—PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 4. Exclusions 4.c.and 4.d. do not apply to: Any risk management or monitoring equipment and electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound.This coverage applies only if the equipment is permanently installed in the covered "auto"at the time of the"loss"or the equipment is removable from a housing unit which is permanently installed in the covered"auto"at the time of the"loss,"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system, in or upon the covered"auto." The most we will pay for all"loss"to risk management or monitoring equipment, audio,visual or data electronic equipment that is not designed solely for the reproduction of sound and any accessories used with this equipment as a result of any one"accident" is the least of: a. The actual cash value of the damaged or stolen property at the time of the"loss"; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $1,000. This coverage will not apply if there is other insurance provided by this policy for the above- described electronic equipment. We will, however, pay any deductible, up to$500, that is applicable under the provisions of the other insurance. J. Original Equipment Manufacturer(OEM) Parts Replacement SECTION III—PHYSICAL DAMAGE COVERAGE, C.Limit of Insurance, Paragraph 1. is amended to include: However, if the covered"auto" has less than 20,000 miles on its odometer,then the following condition will apply: We will pay the cost to replace the damaged parts(excluding glass and mechanical parts) with new Original Equipment Manufacturer replacement parts if the damaged parts cannot be repaired. K. Auto Loan/Lease Gap Protection SECTION III—PHYSICAL DAMAGE COVERAGE, C.Limit of Insurance is amended to include the following: 4. In the event of"loss"to a covered"auto"that is loaned or leased to an"insured": a. The most we will pay for"loss"in any one"accident"is the lesser of: Page 5 of 7 ©2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-CA-001 (09/15) (1) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like, kind and quality. b. Our Limit of Insurance for"total loss"will be the greater of. (1) The balance due under the terms of the lease or loan,to which your"auto"is subject but not including: (a) Past due payments; (b) Financial penalties imposed under the lease; (c) Security deposits not refunded; (d) Costs for extended warranties or insurance; or (e) Final payment due under a"balloon loan"; or (2) Actual cash value of the stolen or damaged property. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of"loss." c. Additional Definitions (1) "Total loss"for the purpose of this coverage, means a loss in which the estimated cost of repairs, plus the salvage value, exceeds the actual cash value. (2) "Balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. d. Additional Conditions This coverage will apply only to the original lease or loan written on your covered"auto." In order for this coverage to apply, leased"autos"must be leased or rented to you under a leasing or rental agreement,for a period of not less than six months, which requires you to provide direct primary insurance for the benefit of the lessor. L. One Comprehensive Coverage Deductible SECTION III—PHYSICAL DAMAGE COVERAGE, D.Deductible is amended by adding the following: Only one Comprehensive Coverage Deductible per occurrence will apply to any"loss" resulting from a covered peril. For the purpose of this extension, occurrence means a single incident, including continuous or repeated exposure to substantially the same general harmful conditions within a 24-hour period. Page 6 of 7 ©2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-CA-001 (09/15) III. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence SECTION IV—BUSINESS AUTO CONDITIONS,A.Loss Conditions, 2. Duties In The Event Of Accident,Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of"accident,"claim, "suit"or"loss,"you must give us, or our authorized representative, prompt notice of the"accident"or"loss." Include: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the"accident"or "loss"applies only when the"accident"or"loss"is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. B. Blanket Waiver Of Subrogation SECTION IV—BUSINESS AUTO CONDITIONS, A.Loss Conditions, 5.Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization because of payments we make for"bodily injury"or"property damage"arising out of the operation of a covered"auto"when you have assumed liability for such"bodily injury"or "property damage"under an"insured contract." C. Unintentional Errors or Omissions SECTION IV—BUSINESS AUTO CONDITIONS, B.General Conditions, 2.Concealment, Misrepresentation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However,this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. IV. DEFINITIONS A. Mental Anguish SECTION V—DEFINITIONS, C. "Bodily injury"is amended by adding the following: "Bodily injury"also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Page 7 of 7 ©2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. AMERICAN INTERSTATE INSURANCE COMPANY Al 99 0313 Original Printing Effective May 1997 Standard WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. This premium for this endorsement is shown in the Schedule. Schedule 1 0 Specific Waiver Name of person or organization Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2_ Operations: 3. Premium: ❑ specific Waiver The premium charge for this endorsement shall be--A— percent of the premium developed on payroll in connection with work performed for the above persons(s)or organization(s)arising out of the operations described. 5d Blanket Waiver The premium charge for this endorsement shall be 2.0 percent of the total policy premium arising out of the operations described. 4. Minimum Premium: $ 250 5. Advance Premium: Al 99 0313(5197) i Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Earlier Notice of Cancellation Provided by Us Policy Number: 1000066223161 Effective Date: February 22, 2017 at 12:01 A.M. Named Insured: Tri Con Works, L,P. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE City Of Corpus Christi - Engineering P.O. Box 9277 Corpus Christi, TX 78469 Number of Days' Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. All ether terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY ar es H. Dar(gelo, President Ne- aMan Ginsburg, General Vounsel MANUSCRIPT(06110) Page 1 of 1 *I Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TEXAS AMENDATORY - POLICY CHANGES This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Policy Number: 1000066223161 Effective Date of Change: 02/22/2017 Change Endorsement No.: 1 Named Insured: Tri Con Works, L.P. The following item(s): ❑ Insured's Name ❑ Insured's Mailing Address ❑ Policy Number ❑ Company ❑ Effective/Expiration Date ❑ Insured's Legal Status/Business of Insured ❑ Payment Plan ❑ Premium Determination ❑ Additional Interested Parties: 0 Coverage Forms and Endorsements ❑ Limits/Exposures ❑ Self-Insured Retention ❑ Covered Property/Located Description ❑ Classification/Class Codes ❑ Rates ❑ Underlying Insurance is (are) changed to read {See Additional Pages)). The above amendments result in a change in the premium as follows: x❑ NO CHANGES ❑ TO BE ADJUSTED ADDITIONAL PREMIUM RETURN PREMIUM AT AUDIT &l.020 TX(05/09) Page 1 of 2 Copyright 0 C.V.Starr S Company and Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of ISD Properties,Inc..,used with its permission. t Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Countersigned By: Endorsement Effective: 02/2212017 Named Insured: Tri Con Works, L.P. Authorized Representative) POLICY CHANGES ENDORSEMENT DESCRIPTION It is hereby agreed that Manuscript, Earlier Notice of Cancellation. Provided by Us, is added to the policy at no additional premium. All other terms and conditions of this Policy remain unchanged. SL 020 TX(05109) Page 2 of 2 Copyright©C.V.Starr&Company and Starr Surplus Lines Insurance Company. All rights reserved, Includes copyrighted material of 150 Properties,Inc.,used with its permission. Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK1496059 Additional Insured PO Box 9277 Corpus Christi, TX 78469-9277 CA2048 - Commercial Automobile Page 1 of 1 PI-CANXAICH-002 (05/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS Al or CH Additional Insured or Certificate Holder Address Al City Of Corpus Christi - Engineering P.O. Box 9277 Corpus Christi, TX 78469 The following is added to A.CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However,failure to mail such notice shall impose no obligation of any kind upon us,our agents or representatives. 1. 30 days before the effective date of cancellation if we cancel for any reason other than for non-payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage. Page 1 of 1 POLICY NUMBER: PHPK1496059 IL 12 06 04 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS POLICY CHANGES Effective Date of Change: 02/23/2017 Change Endorsement No.: 6 Revision No.: 6 Named Insured: Tri Con Works LLC The following item(s): Insured's Name Insured's Mailing Address Policy Number Company Effective/Expiration Date Insured's Legal Status/Business of Insured X Additional Interested Parties Premium Determination Limits/Exposures X Coverage Forms and Endorsements Covered Property/Location Description Deductibles Rates Classification/Class Codes is(are)changed to read(See Additional Page(s)): Path ID 10512539 The above amendments result in a change in the premium as follows: X NO CHANGES TO BE ADJUSTED ADDITIONAL PREMIUM RETURN PREMIUM AT AUDIT $ $ Countersigned By: Issue Date: 02J28/2017 (Authorized Agent) IL 12 06 04 03 0 ISO Properties, Inc., 2002 Page 1 POLICY CHANGES ENDORSEMENT DESCRIPTION In consideration of the premium reflected, the policy is amended as indicated below: Added: Additional Insured City Of Corpus Christi - Engineering PI-CANXAICH-002: CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER Per attached REMOVAL PERMIT If this policy includes the Commercial Property Coverage Part, or the Capital Assets Program (Output Policy) Coverage Part with all property scheduled on the Scheduled Location Endorsement OP 14 01, the following ap- plies with respect to that Coverage Part: If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change; after that, this insurance does not apply at the previous location. IL 12 06 04 03 C ISO Properties, Inc., 2002 Page 2 p THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED: Tri Con Works, LLC EFFECTIVE DATE: 02!2112017 LOSS PAYEE THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: INSTALLATION FLOATER The following is added as Loss Payee, as their interest may appear. As respects to the following project. We will pay "Loss"to you and: City of Corpus Christi- Engineering PO Box 9277 Corpus Christi, TX 78469 `Thirty(30)day notice of cancellation shall be provided. Project: Installation of Landfill Gas System and Drilling Limit: $180,000. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Attached to and forming part of policy number: MAX6IM0047597 Authorized Signature: M10035 (10110) ENDORSEMENT# 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 89 06 00 A (Ed.7-87) POLICY INFORMATION PAGE ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 02/22/2017 at 12:01 A.M. standard time,forms a part of (Date) Policy No.AVWCTX2535352016 Endorsement# 4 of the AMERICAN INTERSTATE INSURANCE COMPANY-24759 Issued to Tri Con Works LLC Policy Effective 10/01/2016 to 10/01/2017 (Date) (Date) Authorized Representative The following Items) ❑ Insured's Name(WC 89 06 01) ❑ Item 3.13. Limits(WC 89 06 12) ❑ Policy Number(WC 89 06 02) ❑ Item 3.C. States(WC 89 06 13) ❑ Effective Date(WC 89 06 03) ❑ Item 3.D. Endorsement Numbers(WC 89 06 14) ❑ Expiration Date(WC 89 06 04) ® Item 4.*Class, Rate, Other(WC 89 04 15) ❑ Insured's Mailing Address(WC 89 06 05) ❑ Interim Adjustment of Premium (WC 89 04 16) ❑ Experience Modification (WC 89 04 06) ❑ Carrier Servicing Office(WC 89 06 17) ❑ Producers Name(WC 89 06 07) ❑ Interstate/Intrastate Risk I.D. Number(WC 89 06 18) ❑ Change in Workplace of Insured (WC 89 06 08) ❑ Carrier Number(WC 89 06 19) ❑ Insured's Legal Status (WC 89 06 10) ❑ Item 3.A States(WC 89 06 11) Is Changed to Read: 30 DAY NOTICE OF CANCELLATION HAS BEEN ADDED TO THIS POLICY *Item 4. Changed To: Premium Basis Total Rate Per$100 Estimated Annual Classifications Code No. Estimated Annual of Premium Remuneration Remuneration Total Estimated Annual Premium$ Minimum Premium$ Deposit Premium$ All other terms and conditions of this policy remain unchanged. ©1987 National Council on Compensation Insurance,Inc. Issue Date:02/22/2017 *I Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 POLICY CHANGES ENDORSEMENT DESCRIPTION It is hereby agreed that Manuscript, Earlier Notice of Cancellation Provided by Us, is added to the policy at no additional premium. All other terms and conditions of this Policy remain unchanged. All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY Charles H. Da Belo, President Nehemiah E. Ginsburg, Genera ounsel SL 103(10108) Page 2 of 2 Copyright O C.V.Starr&Company and Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permissian. t Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 POLICY NUMBER: 1000336914161 EXCESS LIABILITY POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES This endorsement modifies insurance provided under the following.- EXCESS ollowing:EXCESS LIABILITY POLICY FORM Effective Date of Change: 02/22/2017 Change Endorsement No.: 2 Named Insured:Tri Con Works, L.P. The following item(s): Insured's Name Insured's Mailing Address Policy Number Company Effective/Exp iration Date Insured's Legal Status/Business of Insured Payment Plan Premium Determination Additional Interested Parties: x Covera e Forms and Endorsements Limits/Exposures Deductibles Covered Property/Located Description Classification/Class Codes Rates Underivinq Insurance is (are)changed to read {See Additional Pages)): The above amendments result in a change in the premium as follows: ❑c NO CHANGES ❑ TO BE ADJUSTEDAT ADDITIONAL PREMIUM RETURN PREMIUM AUDIT Countersigned By: Endorsement Effective: 02/22/2017 Named Insured: Tri Con Works, L.P. (Authorized Representative) SL 103(10108) Page 1 of 2 Copyright Q C.V.Starr&Company and Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. *t Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Earlier Notice of Cancellation Provided by Us Policy Number: 1000336914161 Effective Date: February 22, 2017 at 12:01 A.M. Named Insured: Tri Con Works, L.P. SCHEDULE City Of Corpus Christi - Engineering P.O. Box 9277 Corpus Christi, TX 78469 Number Of Days' Notice 30 For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in Paragraph 2. of either the Cancellation Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY Charles H. Dangelo, President Nehemiah E. Ginsburg, Genera counsel MANUSCRIPT(06190) Page 1 of 1 006116 PAYMENT BOND BOND NO. 0716469 Contractor as Principal Surety Name: Tri Con Works LLC Name: International Fidelity Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 1211 Hollywood One Newark Center Houston,TX 77015 Newark, NJ 07102-5207 Physical address(principal place of business): Owner One Newark Center Newark, NJ 07102-5207 Name: City of Corpus Christi,Texas Mailing address (principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: New Jersey Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): E16289 Cefe Valenzuela Landfill—Gas Collection 973-624-7200 and Control System Telephone (for notice of claim): 973-624-7200 Local Agent for Surety Name: Lockton Companies, LLC Award Date of the Contract: January 31,2017 Address: 5847 San Felipe, Suite 320 Contract Price: $1,019.690.00 Houston,TX 77057 Bond Telephone: 713-458-5200 Email Address: kmcoen@lockton.com Date of Bond: February 2, 2017 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number. 1-800-2S2-3439 Payment Bond Form 00 61 16-1 E16289 Cefe Valenzuela Landfill—Gas Collection and Control System 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 225.E and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Tri Con Works,, LLC Surety International Fidelity Insurance Company Signature: � '`^ Signature: Name: H. AY1.t�L Name: Kathleen M. Coen Title: l re S ur-,r r' Title: Attorney-in-Fact Email Address: frr Co r�wvr-QCs•Gain Email Address: kmcoen@lockton.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116- 2 E16289 Cefe Valenzuela Landfill—Gas Collection and Control System 7-8-2014 Tei(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint HOLLY L. LYNCH, GARY J. GIULIETTI, WILLIAM B. BRIDGMAN, KATHLEEN M. COEN, CHELSY LEE ALIGIZAKIS I Farmington, CT. their true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: "RESOLVED,that (1)the President,Vice President, Chief Executive Officer or Secretary of the Corporation shall have thepower to appoint, and to revoke the appointments of,Attorneys-`in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation and affix the Corporation's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given ffor the execution of any bond,undertaking,recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December,2015. TY r,s STATE OF NEW JERSEY ��CASUq[p�Ci P O ell+� County of Essex Zk+ o SEAL J �v 1904 1936 ROBERT W.MINSTER ,SIJ Chief Executive Officer(International Fidelity Insurance Company)and President(Allegheny Casualty Company) On this 31st day of December 2015,before me came the individual who executed the preceding instrument,to me personally known,and,being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY my at the City of Newark,N wOJersey theI havehday antd year fiset r t above wrihandittten Official Seal, �P�gSlo�y•��' � r /„� tN 01Ap Yom •` :rOP.•moi m. PUBLIC y� A NOTARY PUBLIC OF NEW JERSEY ....:.4. Qr' ' My Commission Expires April 16,2019 CERTIFICATION 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY VVHF„REOF, I have hereun±o set my hand this �� :� day of r �- � �I✓ri"U` � ` MARIA BRANCO,Assistant Secretary IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener information o para someter una queja: You may call International Fidelity Insurance Usted puede llamar al numero de telefono gratis de Company's toll-free telephone number for information International Fidelity Insurance Company's para or to make a complaint at: information o para someter una queja al: 1-800-333-4167 1-800-3334167 You may also write to International Fidelity Insurance Usted tambien puede escribir a International Fidelity Company at: Insurance Company: Attn: Claims Department Attn: Claims Department One Newark Center,2e Floor One Newark Center,20th Floor Newark,NJ 07102 Newark,NJ 07102 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros de to obtain information on companies,coverages,rights Texas para obtener information acerca de companias, or complaints at: coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web:http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the(agent) reclamo,debe comunicarse con el (agente) (la (company) (agent or the company)first.N the dispute compania) (agente o la compania)primero.Si no se is not resolved,you may contact the Texas Department resuelve la disputa,puede entonces comunicarse con el of Insurance. departamento(TDI). ATTACH THIS NOTICE TO YOUR BOND: UNA ESTE AVISO A SU FIANZA DE GARANTIA: This notice is for information only and does not Este aviso es solo para proposito de information y no become a part or condition of the attached document. se convierte en parte o condition del documento adjunto. 006113 PERFORMANCE BOND BOND NO. 0716469 Contractor as Principal Surety Name: Tri Con Works LLC Name: Intemational Fidelity Insurance Company Mailing address (principal place of business): Mailing address(principal place of business): 1211 Hollywood One Newark Center Houston,TX 77015 Newark, NJ 07102-5207 Physical address(principal place of business): Owner One Newark Center Name: City of Corpus Christi,Texas Newark, NJ 07102-5207 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: New Jersey Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): E16289 Cefe Valenzuela Landfill—Gas Collection 973-624-7200 and Control System Telephone(for notice of claim): 973-624-7200 Local Agent for Surety Name: Lockton Companies, LLC Award Date of the Contract:January 31,2017 Address:5847 San Felipe, Suite 320 Contract Price: $1,019,690.00 Houston,TX 77057 Telephone: 713-458-5200 Bond Email Address:kmcoen@lockton.com Date of Bond: February 2,2017 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number. 1-800 252-3439 Performance Bond 006113-1 E16289 Cefe Valenzuela Landfill—Gas Collection and Control System 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void, otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor asPriZ Tri Con Works, LLC Surety Intern ti al-Fidelity Insurance Company Signature: A Signature: Name: t�MA l -JIrr-fit, Name: Kathleen M. Coen Title: Title:��St�,�-�� Title: Attorney-in-Fact Email Address: ��tr'C{� - 1^i r pnU,�orks.Gorr,, Email Address: kmcoen@lockton.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113 -2 E16289 Cefe Valenzuela Landfill—Gas Collection and Control System 7-8-2014 Tel'(973)6244200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH F=LOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of The State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint HOLLY L. LYNCH, GARY J. GIULIETTI, WILLIAM B. BRIDGMAN, KATHLEEN M. COEN, CHELSY LEE ALIGIZAKIS Farmington, CT. their true and lawful attorneys)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required orpermitted by law,statute,rule,regulation,contract or otherwise and the execution of such instruments in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FtDELITY INSURANCL COMPANY and ALLEGHENY CASUAL'T'Y COMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked, pursuant to and by authority of the 8 -Laws of INTERNATIONAL_FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY ata meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: "RESOLVED,that (1)the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation and affix the Corporation's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and (3) the signature of any such Officer of the Corporation and the Corporations seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December,2015. Y �Y STATE OF NEW JERSEY a�CASl1ALp�e r� County of Essex �� O SEALrrt ;:-- i ,�•- 1936 Z 19134 e•3 a ROBERT W.MINSTER Chief Executive Officer(International Fidelity JERSEY Insurance Company)and President(Allegheny Casualty Company) On this 31st day of December 2015,before me came the individual who executed the preceding instrument,to me personally known,and,being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. G•°S�gSlO�'�� •U�t M 01 ARV :r �•� rn. =� punr.rc = `h A NOTARY PUBLIC OF NEW JERSEY e'$7�,••. fC•14''4,•' pF NEW My Commission Expires April 16,2019 "111f.1l1Nt'I CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, witr,the originals on file .in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and That the'seld Power 61 Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this �� � day of MARIA BRANCH,Assistant Secretary !.. :... A IMPORTANT NOTICE AVISO IlVIPORTANTE To obtain information or make a complaint: Para obtener information o para someter una queja: You may call International Fidelity Insurance Usted puede Ilamar al numero de telefono gratis de Company's toll-free telephone number for information International Fidelity Insurance Company's para or to make a complaint at: information o para someter una queja al: 1-800-3334167 1-800-3334167 You may also write to International Fidelity Insurance Usted tambien puede escribir a International Fidelity Company at: Insurance Company: Attn: Claims Department Attn: Claims Department One Newark Center,20`h Floor One Newark Center,2e Floor Newark,NJ 07102 Newark,NJ 07102 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros de to obtain information on companies,coverages,rights Texas para obtener information acerca de companias, or complaints at: coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: htto://www.tdi.state.tx.us Web: htta://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the(agent) reclamo,debe comunicarse con el(agente)(la (company) (agent or the company)first.If the dispute Compania) (agente o la Compania)primero.Si no se is not resolved,you may contact the Texas Department resuelve la disputa,puede entonces comunicarse con el of Insurance. departamento(TDI). ATTACK THIS NOTICE TO YOUR BOND: UNA ESTE AVISO A SU FIANZA DE GARANTIA: This notice is for information only and does not Este aviso es solo para proposito de information y no become a part or condition of the attached document se convierte en parte o condition del documento adjunto.