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Resolution - 2018-R0193 - Lone Star Dirt & Paving - 06/14/2018
Resolution No. 2018-RO193 Item No. 6.2.3 June 14, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, Contract No. 13997 for Unpaved Roads Improvement per RFP 18-13997-TF, by and between the City of Lubbock and Lone Star Dirt & Paving, Ltd., Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in f resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 14, 2018 DANIEL M. POPE, MAYOR ATTEST: Rebecc k� arza, City Secrmrk APPROVED ASTO CONTENT Z��' - Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer APPROVED AS TO FORM: Kelli Leisure, Assistant City Attorney ecalocs/RES.Contract 13997.Unpaved Roads Improvement 05.08.2018 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-364970 Lone Star Dirt & Paving Lubbock, TX United States Date Filed: 06/06/2018 2 Name of governmental entity or state agency that is a party tot the contract for which the form is being filed. City of Lubbock Date Acknowledged: 06/06/2018 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. RFP18-139997-TF Unpaved Roads Improvements 4 Name of Interested Parry City,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Turner, Steve Lubbock, TX United States X Sanders, Wesley Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (City) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Duclaront) Forms provided by Texas Ethics Commission www.ethtcs.state.tx.us version vim.oacs CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. i - 4 and 6 R there are Interested parties. OFFICE USE ONLY Complete Nos.1. 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-364970 Lone Star Dirt & Paving Lubbock, TX United States Date Filed: 06/06/2018 Name of governmental a or state agency that Is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract RFP18-139997-TF Unpaved Roads Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (chock oppllcable) Controlling Intermediary Turner, Steve Lubbock, TX United States X Sanders, Wesley Lubbock, TX United States X 5 Check only if there Is NO Interested Party. 6 UNSWORN DECLARATION My name Is 1 e�{ e. 1r 1 ) e. r and my date of birth Is My address Is J I ��� b n i CS I fy /bc- �. 3. (sheet) (city) (Stato) (Ztp cob) (--try) I declare under penalty ofpedury that the foregoing is true and correct Executed In I U / c k County, State of �^ s , on the L_day of 3 u n e , 20ja. (north) (Year) df S lure of authodzecrfigent of contracting business entity (DeCWWQ Forms Drovided by Texas Ethics Commission www.ethirs.state.tx.us Version V1.0.5523 6/6/'18 4:29 PM ADDENDUM I Plan Drawings RFP 18-13997-TF Unpaved Roads Improvements DATE ISSUED: April 12, 2018 CLOSE DATE: April 24, 2018, at 2:00 p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please review, incorporate, and acknowledge the information in this addendum on the proposal submittal form. Plan Drawings Please incorporate the attached plan drawings. A digital version has been uploaded to the Documents section of the project listed on BidSync.com as well. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to TKFlores a mylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, ?e*& 57&w ? CITY OF LUBBOCK Teofilo Flores Senior Buyer City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. --= It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if and language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. 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Tg J S NDISIO 3 zi i— v ............... ll--. ..... . ......... ................ % lot %a- • vwc u StIOS01 vis &—Effis LU A�; so WW+E Rg I 00'OS+TT V.LS 3NrlHZ)IVW 1 TFIS JR11111111! 3ND1S"d3 !III 1T W�XW I' H 11111 vo-s"T vis liuj 1111did 1;ii I L.11!1 FMA woo+— Hill lllilmi 11 i !! !:I 11 H111 111111 i 7' 1 1�i !1 I i A i 11 i Emimmam MEWA MA11' 1 0 ko 'o z z a ( o o � Lg 10, [ffl] lr I 00*OS+TT VIS 3NrlH:)IVW City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for - ' RFP 18-13997-TF Unpaved Roads Improvements ' { 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Include corporate seal and Secretary's signature. Identify addenda received (if - any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY y number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. ✓ Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 4. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. .1/ Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include irm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. r"' Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE. 9. ✓ Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel 10. ✓ Complete and submit the LIST OF SUB -CONTRACTORS. QCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING 11. 1/ Complete and submit the FINAL LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED: '� 12. Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM _. 1295 within the specified time according to Texas Government Code 2252.908 using the Texas Ethics Commission website. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. v f A47 k44 (Type or Print Company Name) Page Intentionally Left Blank I Fj I I I I t 1. 11 2. 3. �b 4. 5. _ 6. 7. 8. 9. 10. 11. 11. 12. 12. 13. NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS GOVERNMENT CODE § 2269-151 THRU 2269-058 PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL VERIFICATION 4-7. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES GENERAL CONDITIONS OF THE AGREEMENT DAVIS-BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS NOTICE TO OFFERORS Notice to Offerors RFP 18-13997-TF Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 PM on April 24, 2018, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: Unpaved Roads Improvements After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 2:00 PM on April 24, 2018, and the City of Lubbock City Council will consider the proposals on May 24, 2018, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from http://www.bidsync.com at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. - It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a s non -mandatory pre -proposal conference on April 11, 2018, at 10:00AM, in the City Council Conference Room, Suite 201,1625131 Street, Lubbock, TX 79401. Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta ACvareZ Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE ' The City of Lubbock is seeking written and sealed competitive proposals to furnish Unpaved Roads Improvements per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 PM, April 24, 20181 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand corner: "RFP 18-13997-TF, Unpaved Roads Improvements" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing and Contract Management Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non - mandatory pre -proposal conference will be held at 10:00AM, April 11, 2018 in the City Council Conference Room, Suite 201, 1625 13« Street, Lubbock, TX 79401. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. ., BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Director of Purchasing and Contract Management. _- At the request of the proposer, or in the event the Director of Purchasing and Contract Cl 5 Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at http://www.bidsyLic.com and will become part of the proposal package having the same binding -J effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation r considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. U EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Director of Purchasing and Contract Management before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be j submitted no later than five (5) calendar days prior to the opening of proposals. s PROPOSAL PREPARATION COSTS = -i 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. ? 2 I 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. -z 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(a) 6.3 Marking your entire proposal CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST _ 9.1 The proposer shall not offer or accept gifts or anything of value nor enter to any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents �.; and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing and 3 a 13 14 15 16 Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contract Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores@mylubbock.us Bidsync: www.bidsync.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 210 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor i to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a 4 17 19 representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City 20 21 22 23 reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 6 i< t 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. l 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS . The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors F 7 W. 29 't shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. �? PREPARATION FOR PROPOSAL 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. a� 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner:=- 29.3.1 Proposer's name 29.3.2 Proposal "RFP 18-13997-TF UNPAVED ROADS IMPROVEMENTS" Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal ' price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. JJ 31 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the names) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 30% for Contractor Qualifications, 5% for Safety Record Questionnaire, and 5% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 30% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 5% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio (EMR). Contractors with an EMR greater than 1.0, as well as those Contractors not submitting EMRs, will receive zero points for this portion of the selection criteria. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the EMR. 10 32.4 5% CONSTRUCTION TEVff: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value x Weight Factor = Construction Time Score 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The Committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. 32.6 The estimated budget for the construction phase of this project is $850,000 32.7 Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 11 34. 35 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind " ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 1a.3M%11101 cAlkT/_XtiN7_r�l�.y 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.wdol.gov/dba.aspx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 12 l TEXAS GOVERNMENT CODE 4 2269 SUBCHAPTER D. f SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. (b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow the procedures provided by this subchapter. Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on: (1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. PROPOSAL SUBMITTAL FORM r I — PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: RFP 18-13997-TF Unpaved Roads Improvements Proposal of Z -0 v (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of Unpaved Roads Improvements having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies, and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM DESCRIPTION QTY U/M UNIT COST EXTEND COST EXTENDED GENERAL I MOBILIZATION I LS 50D eo 00 2 SWPPP I LS 4/ Extended Total (Items ITEM DESCRIPTION QTV (+/-) T7L/Mj UNIT COST I EXTENDED ROADWAY 3 ASPHALT REMOVAL 1839 SY %' o4eg 4 CONCRETE REMOVAL 384 SY 15r -7 C. 5 24" COL TYPE A CURB AND GUTTER 5612 LF /7 6 24" COL TYPE B CURB AND GUTTER 1072 LF /7 4? 7t, E) 5 Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ( ) or a Proposal Bond in the sum of Dollars (� ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notifieation of acceptance of said proposal, otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Addenda No. Date Addenda No. Date Addenda No. Date M1wBE Finn: 1 �- (Printed or Typed Name) =r �y Company Address / c; t 6-- City, County y7 t State Zip Code Telephone: 80G - -7I If 5 Fax:7, i S y�7St t.t Email: 1,,,, 4 /40 FEDERAL TAX ID or SOCIAL SECURITY 1) No. r woman Black American I (?dative American N�spame American Asian Pacific American I I Othr-r[Cnr•.-if.,i 1 w i i Endurance Endurance Assurance Corporation Bid Bond Knew all men by these presents: That we, the undersigned LONE STAR DIRT 8, PAVING LTD 11820 UNIVERSITY AVENUE, LUBBOCK, TX 79423 , as Principal (hereinafter the "Principal'), and Endurance Assurance Corporation 1221 Avenue of the Americas,l8th FI, New York, NY 10020, a Delaware corporation (hereinafter the "Surety"), are held and firmly bound unto CITY OF LUBBOCK 152S 13TH STREET, LUBBOCK, TX 79401 (hereinafter the "Obligee") in the penal sum of 5%of amount bid , $5% OF AMOUNT BIQ for the payment of which sum the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. Whereas, the Principal has submitted a bid for FRP18-13997-TF J CONTRACT #13997J PROJECT #92516 -- UNPAVED ROAD IMPROVEMENTS Now, therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may reasonably contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The liability of the Surety hereunder shall in no event exceed the lesser of: (a) the penalty hereof, or (b) the difference between the amount specified in the Principal's bid and any larger amount for which the Obligee reasonably contracts with another party to perform the work specified in the Principals bid. Signed and sealed this L4hday of APRIL 2018 (SEAL) Prin By: Nan Surety: E du nce Assure C rpor ti By: 1Jz_X*r-1 Name: DA R. TAYLOR, ATTORN N FACT (Attorney -in -Fact) Endurance Assurance Corporation Page 1 of 1 t t SUR 0205 0716 ENDURANCE ASSURANCE CORPORATION POWER OF ATTORNEY 090 2{POW of - to 6y theseT esertt, that ENDURANCE ASSURANCE CORPORATION,. a Delaware corporation (the'CorporatimY'), with dices at 4 ManhatianvRe Road. 3rd Floc. Purchase, NY 10M. has made, constituted and appointed and by these presents, does make, constitute and vpoint KIRK KILLOUGH, ALICIA GRUMBLES, TRACY L. MILLER, MIT h6 I GS, JAMES R. REID, CAREY BRENT AYCOCK, DAWN TAYLOR, AARON ENDRIS, MARY ELLEN MOORE, TRICIA BAL0L0 (sHri-tact, at LUBBOCK in the state of TX and each of them to have to power to act without the other or others, to make, execute and deliver on Its uadertaktrgs given for any and all purposes, also th execrie and deliver on Us behalf as aforesaid renewals, extensions, agreements, waivers, r bdh undedald gs provided, however, that no single bond or undertalcing so made, executed and delivered shall organ fhe Corporation for any pwa sun thereof mat TWENTY MILLION Dours ($20,000,000). Su � s and and s when duly executed by said attorneys) -in -fact, shaat be birWq upon the Corporation as fully and to the saran extent as U signed by the PreSldenEo1 the C Its sYal affested by Us Corporate secretary . This I and by yDf certain Msoutions adopted by the Board of Directors of tine Corporation by unanimwus written consent on the 91i of January, 2014, a copy otwAnEth ' 1 bur heading ,Crsit<caw.. This Pourer by facsimile wider and by authority of the folowirV resolution adopted by the Board of Directors of the Corporation by unadmous wdUan conserd on January 9, 2g • has rot since been revoked, amended or repealed: RESOLVED that In, gianting powers of attorney pursuant to certain resolutions adopted by the Board of Drererectors of the Corporation by whartimous written consent on January 9, 2D14, one slgnature of such directors and officers and the seat of the Corporation may be affixed to any such power of attorney or any certiicate relating thereto by faminih . and any such power of attorney or certificate beating such facsimile signature or seal shall be valid and binding upon the Corporation In the future with respect to any bond or undertaking b which it is attached . IN WITNESS WHEREOF, the Corporation has caused these presents to be duty signed and its corporate seal to be hereunto affixed and attested this 71 h day of June, 2017 at Purchase, New York. (Corporate Seal) ENDURANCE ASSURANCE CORPORATION ATTEST By ILiIYI�j I7ta./ MARIANNE L, WXBERT, SENIOR VICE PRESIDENT SHARON L. SIMS, SEMOR VICE PRESIDENT STATE OF NEW YORK ss. Purchase COUNTY OF WESTCHESTER On the 7th d SA.W7 6e8rp me personalty came SHARON L SIMS, SENIOR VICE PRESIDENT b me known, who being by me duly sworn, did depose and say mat(S)he resides In SCOTCR RNS (l ne is a SENIOR VICE PRESDENT of ENDURANCE ASSURANCE CORPORATION, the Corporation described d In and vexecuted the above _ 1 st; Corporaton tat the seal affixed b said Instrument Is such corporate seal, that it was so affixed by order of the Board of Directors of said ereto s ! name thby fike ceder. No .. t3 • Q1lAVFES0 SN g .NSW You gr. "TV Ty7l�A14 6echdas Jartas Berronat, Notary Pubic - My Commission Expires 121p712019 '•FLBOG`k0 CERTIFICATE CN1Y F'4} MSION , , '`'ss: Purchase t CHRISTOPHER "ELAN the PRESIDENT of ENDURANCE ASSURANCE CORPORATION, a Delaware Corporation (the'Corporation'b hereby cerity, 1 That the original pow of atttuney of which the foregoing is a ropy was duly executed on behalf of Me Corporation and has not since been revolted, amended ormodMed; that tie undersigned has compared fhe foregoing copy thereof with the o i nal power d attonhey , and that the same Is a true and W act copy d the original power ofatbmey a nd of the whole thereof; 2. The Wowing are rmdutlons which were adopted by the Board of Directors of the Corporation by unanimous written consent on January 9, 2014 and soli! resolutions have not since been revoked, amended or modified 'RESOLVED, that each of the Individuals named below is amhodzed to make, execde, s0 and deliver lor and of behalf of ere Corporation any and all balls undertakings or obligations In suretyorco-st" with others: CHRISTOPHER DONELAN, SHARON L SIMS, MARIANNE L W(LBERT An40� ' REabove is authorized to appoint attorneys -In-fact � to purpose of maklg, exetuft sealing and de Ruing bands, undertakings or �d fire Corporation.' 3gned further certil resoludons are true and correct copies of the resoluions as so recoiled and of the w hole thereof . m ,� IN ftaW and aflaed the txrrporate seal ttds 241h day of April , 20 i g , - r a rk CHRISTOPHER DONELAN, PRESIDENT Any reproducbm am void PrkWSuetyClknxSrab "M, can sw* Cara tbdea 2575-7575 M &q Addmc Suety Clara Mpwftwk 7501hid A mw • 10rh Fla. Now Yak, NY 10017 r,, Policyholder Notice TEXAS - IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una You may call the company's telephone number for quej a - information or to make a complaint at Usted puede ilamar al numero de telefono de la compania para informacion o para someter una j queja al: 1-877-676-7575 You may write the Company at: Endurance Assurance Corporation Attention: Surety 1221 Avenue of the Americas,l8th Floor New York, NY 10020 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance PO Box 149104 Austin, TX 78714-9104 FAX# (512) 490-1007 Web: http://www.tdi. texas.aov E-mail: ConsumerProtectionP—tdi. texas.aov 1-877-676-7575 Usted tambien puede escribir a: Endurance Assurance Corporation Attention: Surety 1221 Avenue of the Americas,18th Floor New York, NY 10020 Puede communicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas PO Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 Web: htto://www.tdi. texas.aov E-mail: ConsumerProtection@tdi. texas.aov PREMIUM OR CLAIM DISPUTES: Should you have a DiSPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene dispute concerning your premium or about a claim una disputa concerniente a su prima o a un you should contact the company first. If the dispute reclamo, debe comunicarse con la comp ania is not resolved, you may contact the Texas primero. Si no se resuelve la disputa, puede Department of Insurance. entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: This notice UNA ESTE AVISO A SU POLIZA: Este aviso es solo is for information only and does not become a part para proposito de informacion y no se convierte en =s or condition of the attached document. parte o condicion del documento adjunto. Contractors Statement of Qualifications Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, 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 qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm 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. Complete the following information for your organization: W cAmbaeloeh tl"Wd lubrx"Mmt Baaitess As ( Bmtnas Addm of Pdwd* oMw TdmpbaaeNumbm MdoNmuba[ FaxNambor Web 8k Addrm Form ofBoNWM (C'bmk One) A rx -; m - I W Pmenms* An bfivi&W io stave omwe'sNw Nsau I Vice fteddueswwo(s) Name Ns ' I Limited 115 A u81*ls 2:1:rm llsills 4:55 PM FoxNamber W4b She Addmm ust Of Nam o EA &= or awnbAfim that mm 6, f� Of m Is- ai�,imn As a Gmad Coftedw r- Ho ft or a ii 1-- w -- 'Alm WO& aws"m la k? Nym pmvW fbg ddWh in a Has or a pm&=Nw wpw Jfyes provide faH demo in a Has this or a prodecow m bak Aft of hdoW masm lfyes Fw4bfall dcldWfma Ts we Of Yaw I M7 if ym provide Akdetdls is s Ebw Wu or a predw~ arpW defined In 6o conww dommma If yea provide W dabb In a, of , d =der over am From Ddc ofthe bothwd=WL So saubmat NO. 17 IIIIIN 2:12 FM 1181,18 4:55 PM Caftactoes Pnpond Key Pusonnd OWzW,d=DoisgBudnmAs pe Star Dirt ving _&Pa Pxn*k a UwdOf ft =w8aw *ucwm Of the ' y, i2AI an and Wu*xW with a mXnbzffixWcart,c kchWe the ft =d nw= of Wy pa won& I=hW[o dris chwt at w Wbwbmm W this damipdm So swwhmw Wesley Sanders —President James Martell Asphalt Format Steve Turner --Vice President Arbrey Stockman —General Superintendent Jesse Palacous---Concrete Forman Carlos Yannis—Dirt Forman Of dw mimoagar el *Ubw Fqmw for ffis cart. Inebrde the dft NO n=" Of PI%MW ImY pawwd and Wtw=bL bdaft 9& cbmi at an arAdmug to US iOn- SCO allnChWANd NO. Arbrey Stockman is the general manager on this project. PwWft Infanmdizi an ft Iwy pawmd PVPNW fbr ft pfcftd SM vnIl provide ft snowing loy &XdML Pmvi& in&nnWan fa rand &&z for cub of sm p*M= on dw Pga for emb of dm by pawn wL Atw prwA& biwwbkW hMMOM fiw Mh pfimy and Wftwk caW3&ft w = aftchomw Ills bkWVbIW iffOrmMion Md MU& the EDUOWiDS U A -in Wobnkd apwiamx; ==W:dW apmkwi; c&wW= and ft'W UdBW& wont h[On which do Wbn P"dOd =Miaw% inducting the rotas And mVwW8ft for wd uWamat And piinW bmwe AddkWW h&cmffiw bisbUgbft aTeemm which mkos &M the beet ca&" fbr the aW =not sbmW Ww be hwWde& We Pftw COW AkwwWC=&dUo P4wmnw Arbmy pwied swwwwwm wdmmm Stffinz Ti irnmer, PMJM Ufdy Or= Olodmar QwftCQIgrOIM=w rbMStockm n, '0 stsui [MIME if key parsd = to AM m4se dw one of the w1w Hftd Above, provide a wdaw nwa&e d==WWX how much dw wiU be dwaW W a& fanodm dm& quaMcadam to tb= cm& role And the peer wbV offtir d= that wilt be devoW to each wIr_ If the infflvi" Is not to be devaW @W* to dds pwJcd, hdicdo how time 4 to be divided bo*= this prom wd their oft mWommom 118PIS 2d2 rl 1151912 4:5 FM Pit Pnj$dM=wpn It 11SPIS M12 IPM L 1191118 4:SS IPM 20 1181919 2212 1181*12 4:55PM awky omm 21 Mpis L I/31#182iMlgrm PrOpOftdPfOjmdQ=*yC9ftvIMsn&W OfpmbWmDO1mvBwinmAs m= -Lo S "1 W i I , 101111 Now arrug0aw StS 04UfF*F 23 VWM Numb" Ofshcawplojacw = Qwft Maogger 100 or more Nmbw of m1miW p*ds In o&wpddm CmwntPWjcdAmW=ceft Name of AW4pWW Paum of nm usw for Project MEadL ddepWod �- -- Ca Date ---- Spa s time r-wppc So Ith Ument-aw ach Nomamalban ffi=ler I ------------- - - Nun - GMp �QIINO - TWpLame B-ma p0i" role at � - I I -, - - Corterole Lftlat ---- Quallly Con-t_r_o, I cm «x Qua& Control NMOOfbwm" =OfBWkm Yam ofBqwkm as Qj"y Cmard MmwW Yeses wiffi this aWakNion NmAwOfdmDwpmjeftvm mmw CWvldionDde MENEM Now Damn Paddou Pr led CmMft eon —rob an Pm ad, j— Pi 11SP18 2d Iisills Ir a .-SlIpm Wesley D. Sanders 11820 University Avenue Lubbock, Texas 79423 I 3 _ PROFILE •i• Managed million dollar projects •- Involved in all phases concrete and asphalt work + Utilized creative thinking, and superior problem solving skills to overcome all challenges. 4 Highly motivated to improve efficiency and profitability of projects through communication and analysis of methods. Strong leadership skills ensure all contributors remain focused on Critical Success Factors to achieve all objectives Managed multiple simultaneous projects �► Good computer skills EXPERIENCE: Over 30 years in the construction industry: 20 years experience as a partner/owner. Presently a Partner in Lone Star Dirt & Paving Company, in addition to Seven Sanders a roll -off company, as well as sole owner of a over the road trucking company Sanders Transportation. CORE COMPETENCIES: *Scheduling - Engineering - Material Management - Budgeting - Contract Negotiations - Hands on Supervisor - Staff Training/Motivating. RECENT PROJECTS: City of Idalou - road excavation, curb & gutter work, hot mix, and erosion control City of Lubbock - remove existing asphalt surface, and replace with concrete City of Lubbock - Seal coat streets throughout the city Lake Alan Henry G1 - asphalt paving repair, milling, asphalt paving replacement, caliche road replacement and concrete work. Lubbock ISD parking lots - demolish and rebuild three (3) parking lots Cooper Technology Building - new building, curb & gutter work, sidewalks, asphalt & concrete paving. Cooper ISD softball complex - demolish existing complex and rebuilt complex. 341` Street Project - Indiana Avenue to Avenue Q Reconstruction. 0 STEPHEN 3202 WOODROW ROAD LUBBOCK, TEXAS 79423 (806) S48-3721 PROFILE 1 have been in the construction business for over 40 years and have worked with local individual contractors as well as with the City, County and State. Successfully completing multi -million dollar projects on time, fashion while building a positive rapport with architects, engineers, local officials, vendors and clients while maintaining costs. Versed in contract negotiations, project estimating, document preparation, codes and regulations, material purchasing, site management. Areas of Expertise lie in: • Team • •Leadership Permitting• and Building Code Construction• and Scheduling Management• Critical Path Project Budget• * Quality Control Management * Safety & Compliance Management • Organization & Time Management • Vendor & Materials Management • Estimating &.lob Costing Lone Star Dirt & Paving 199S - Present Plan, organize, and manage the overall projects. Responsibilities include blueprint review and analysis of projects, preparation of construction documents, bidding, negotiations, material purchasing, scheduling, project budget, building code compliance, project development quality control. Caprock Highway Construction 2983 — 2993 W.D. Turner Construction 1976 - 1983 • Tx Dot Highway reconstruction • New Airport construction and renovation of existing runways and taxiways at Reese Air Force Base and Dallas Naval Air Station • City of Muleshoe • Heavy Highway concrete paving in Greenville, Tx • Seal coat of numerous Texas major highways in Districts all over Texas • 34th Street Project— Indiana Ave to Ave Q reconstruction 1/91*13 4:55PM I r�T• ARBR]9Y S. STOCKMAN IN CONSMUCTION SRWE WM W = GRANEM BINCIE 20d gpama w Aqblh S>tpedntendent who has wodmd b4Wpth is sll eVeais of HiSW" Ca uftcf on for almost 30 yesm Prommi" ev°dOoD° swft me flags end advenoeg to ap meat %mm&ar, lbe Wmator, espbak fiareman ,and Promoted to Brand nw17►oa ' � coemooxoaicnrloy HMDOT, !boatel V*de, private aaim and cite pc d=W of Adim memga and madvata amplayaas to mete a miffed and mile am wish e=WWQlR of A taaior aeaignW Seven amFloyeea beve wadmd a now 4 mopmvh dome foribre pm* 1S. 25 ym. Baorlt !Went eely T$ Taste Depw Of rImAou 2003 — 2010 1% BW ! West {I►pU li mp) pmWey is a $va*ea, 13 nos HWmW p mded in WAmck, Tx designed to redaceongpdjon ftoqftW to city mod POW& added y to meet fMm lranepaata$oa aaeaa. The C.� Fmcdaot ftwim wmW mijorpm*aa of do cily, Tmu Tech Udvacob4 Jamoe StadbM de coadto baaineea dietdat, 10010CROM .1e-IF m end mwa bomob ad medial hadhim Gmdb Tres pednmmed wade as the gmaral bador fir aD 4 Pft of rice paojoct warded by TxDOT so f m Ov*M PaRled nespa em iamcikated mews in vadaae tasks inohftg mks, paves oft pe % COY ", S.M.A. O:t3,FA all Pdme Or'ta Bm�na, iota of Seal Comtrr nand waft sad and wo& forfinal job males. Phme 1 •- The p 4mob io Wd pbeae ammisted of the wi l mioo& Bmm $am' to sac bale, of mppm dmabely 5.1 Mike of War Loop 2g9 and glide Rd. to 34th SL Abso Lraladed is do conked wmach, coaskoedon of m&unm Loop 289 bridges over US 62182 and bufift of the 50 St ovKPNL Managgd sod wed paving 3200 tons of Type B mix and pmaed A TXDOT apaai flood resnitiag in banns P * ta. ommabd a 97% baaos =ft of 37 art of 39 l to wkh no raorovVL Prase 2 — Thh Ouning palim of the PIRIOd WpSWW a 49 ="a Portion of US 82'do a }bnitad saes may, kdoft to consbacdon of A000P main MdDIWL'this pbase fbaft= savers! WdW atoam oveaPaasea, b&ft 30 ft4en 19dr St cmmecbar, Qaaber Ave., 41b St and Ave+me Q. FadlitaEed mad saparviaed tla laying of 380 tans of Tne B mint which broke a company record of smooat of mix laid. Labs 3000 tans of Type B a& pa a m"d days in high ttab arose. Ommlbd a 92% boasts reft of 38 ag of 42 paft fora wi8r no rearoval. Phase 3A — Caosiabad of 3.19 miles of n®W-lsna $�aeway, appro da, $c�ntalpa reads and two major Ryovac kftm. Mm eadb mnd i3l mW fbm Loop 289 to US g2 i Wmq apart 3900 $ and n achot} over 74 ft Wi t, cond fiyum, an eadbound aonnedor Am US 82 HWmay Lacp 92g eataada 2s i& and3c � The Cleseraated 1006A bonne pay for all metes paved wish new spa ificaticns far 0t3PC mad na with no ramovaL Phase 3B — Constacbed 1.5 =IN Watch film Chioaga to Salem Ave. and WAN inkzdmftm at M& St and r Slog R& wi& ovmpaes oaasn'wem at &a Slide mtmw is & annotated 98% beams rating WA 20 out of 2I paving lots and no removak t , 1/81113 4:55PM C*Mbuobes boll RRWIMn Md Room= 111,12A,82-11-mm Cmkxcbe$ Subembuten and Vmdon 24 118PIS 2:12 rM 11811119 4:5SrM . Lone Star Ift & Paving, Ltd Unit # Supervisor Year Make Model Serial Number Comments .................... ..... _ -- - ............ .. . -: . ; ....;.- Dodrick 2002 Chev Silverado 221911 extended cab 44 P11 1999 Ford 17250 314 ton A31625 4 Wheel Dr P19 Extra 1999 Ford E350 B06017 Passenger Van P22 Shop 2000 Chev Z71 229871 3 Door club cab P26 Roland 2007 Ford E-350 A46598 Passenger Van P27 Cruz 2007 GMC Sierra 119086 4DR 2Wheel Drive P28 Mario 2006 Chev Silverado 257869 4DR P29 Asphalt crew 2007 Chev Silverado 109690 4DR Flat Bed P30 Rickey 2006 Chev Silverado 153964 4DR 4 Wheel Drive P31 Pete 2007 Chev Silverado 117505 4DR 4 Wheel Drive P32 James 2007 Chev Silverado 103023 4DR 4Wheel Drive P33 Jesse's Crew 2005 Chev 4500 509416 4500 Crew Cab Flat Bed P34 Omero 2007 Chev Silverado 132775 4DR 4 Wheel Drive P35 Pete's Crew 2006 Chev 4500 420184 4500 Crew Cab Flat Bed P36 Robert 44 pit 2007 Chev Silverado 178325 OR 4 Wheel Drive s... " Jesse 2011 Ford E350 A59295 Passenger Van P38 Al 2010 Chev 1500 257991 4DR 4 Wheel Drive P39 Mike CP 2010 Chev Silverado 248749 OR 4 Wheel Drive P40 Shop 2007 Ford F550 28113 Mechanics Truck P41 Keith 2013 GMC 1500 34311 OR 4 Wheel Drive P42 Carlos 2012 GMC 1500 157494 OR 4 Wheel Drive P43 Asphalt crew 2013 Chevrolet 3500 HD 141603 44 Worts Truck P44 Asphalt crew 2013 Chevrolet Silverado 164132 4DR 4 Wheel Drive P45 Darren 2013 Chevrolet Silverado 210422 OR 4 Wheel Drive P46 Asphalt crew 2013 Cheverolet 3500 139786 OR Flat Bed P47 Arbre 2018 Cheverolet Silverado 150312 4DR 4Wheel Drive P48 2013 Ford E350 Ext 90473 Passenger Van WS 2013 Ford F250 18280 4DR 4 Wheel Drive ST 2008 GMC Sierra HD 146343 4DR 4Wheel Drive PT1 41 Pit 2002 Terex TA30 A7991477 Articulated Dump Truck 1991 Ford F8000 A13102 Water Truck T7 1992 Ford F8000 A07950 Water Truck LT27 L Ford F8000 A11847 Water Truck ..- T28 1991 Ford F8000 A37304 Bobtail Dump (Asphalt Plant Trk) T29 2002 Ford F450 A58078 1 Ton Flatbed 2001 Fr11nr FL7Q F21460 Rosco Max 3 distributor T36 2000 Pbt 377 486009 Tractor (Belly dump) T45 1999 Pbt 385 502626 Bobtail Dump T50 1998 Ford F800 A29809 Mechanics Trk T51 1991 KW W900 561203 Tractor (white truck) T52 2005 Pbt 330 857589 Fuel & Lube Truck (Polo) T53 1995 Ford L900 A42667 Bobtail Dump (Asphalt Plant Trk) T54 2008 Pbt 388 Td/A 740319 Winch Truck (Red haul truck) 'Logs T55 2007 Pbt Water Truck 676323 Water Truck T56 2005 Pbt Water Truck 872143 Water Truck T57 2008 Pbt 388 752240 Tractor T% 2008 Pbt 388 758854 Tractor T59 2007 KW T-800 183633 Tractor T6Q 2007 KW T-800 183631 Tractor - T61 2007 KW T-800 183632 Tractor Ts� 2007 KW T-800 207407 Tractor -_ 2007 KW T-800 185739 Tractor T64 2008 KW T-800 21990 Bobtail T65 2008 KW T-800 213389 Bobtail T66 2008 KW T-800 213387 Bobtail 2008 KW T-800 212981 Bobtail HT67 T68 2008 KW T-800 213386 Bobtail T69 2006 Ptrblt 335 657385 Water Truck T70 1993 Mack CH613 27600 Water Truck T71 2016 Freightliner 108SD 8810 Distributor Truck T72 2007 Ptrblt 378 698593 Water Truck 173 2007 Ptrblt 365 666586 Water Truck T74 2008 Ptblt 367 T/A 770128 Tractor T75 2010 Ptblt 340 T/A 2NPRLNgXXAMiOXXXX Fuel & lube Truck TR1 1972 Vermeer Flatbed 1906 16 Folding equip trailers TR2 1988 Lee Form 595388 18' equip trailers 1994 Gooseneck Flatbed 31241 26 tandam axle wlloading ramp TR5 1988 Katy Dump 5104 Hydraulic Dump Trailer TR6 1982 Fruehauf Tank 2806 Hot oil tanker Page 2 of 8 TR7 1981 Howl Equip S8111280 16' Equip Trir TR8 1966 Fruehauf Tank OMG353619 Hot Oil Tanker 1998 CPS Bellydump 000577 20 Yard TR1 1 1997 CPS Bellydump 425 20 Yard TR19 2002 CPS Bellydump 770724 20 Yard TR20 2001 BIGTEX Utility E42782 16 TR21 2002 Shopbuilt Lube 124068 Lube Trailer TR25 2003 CPS Bellydump 4171E Belly dump trailer TR26 2003 CPS Bellydump 4232 Belly dump trailer TR27 2003 CPS Bellydump 004116 Belly dump trailer TR30 2006 Clem End Dump 005313 End dump trailer TR31 2008 Tiger Lifility 2253 18'uUlity TR32 2001 Loadking Haut Trailer 023906 Low Boy Haul Trailer TR33 1999 Lee Model T7 215286 14ft Unity Flatbed TR34 2009 Tiger Lifility 227 Flat Bed Ufility TR35 2001 Etnyre Haul Trailer 111211 Low Boy Haul Trailer TR36 2009 Shopbuilt Flatbed Flat Bed 1.1fility M17 2005 Load Tilt Utility 005393 Flat Bed Tilt mily 2012 AFF Equipment 1A9BE1826CL790030 18'BP Equipment TR39 2012 AFF Equipment lA9BE1824CL790031 18'BP Equipment TR40 2006 Ranco Dump IR9ESD5016LOO8143 Framless End Dump Trailer TR41 2012 Bels Equipment 16JF01622CI046491 Utility TR42 2012 gets Equipment 16JF01629CI04506 Utility TR43 2001 SEI SEIPUP 1 S9PD33261 B638302 Pup End Dump TR44 2001 SEI SEIPUP 189PD33271B638308 Pup End Dump TR45 1998 SEI SEIPUP IS9PD3322WB638109 Pup End Dump TR46 2000 SEI SEIPUP 1S9PD3421YB638215 Pup End Dump TR47 2003 Warren TIA IW9CA413263T3690011 Pup End Dump TR48 1973 Hell Tank 924979 Tank Trailer Ll 1994 CAT 950F 8TKO1482 4 1/2 cly Loader L6 1977 CAT 950 8IJ10964 4112 cty GP Bucket Loader L9 1989 CAT 980C 89P4756 Loader GP bucket wt cab L14 1983 CAT 980C 63X4723 Loader 1983 CAT 930 41KII978 Loader L17 2002 CAT I 416D BFP03226 Backhoe L19 1989 CAT I 988E 050W09849 Loader I I I I I I f I I f ww I I I Page 3 of 8 L20 L21 CAT CAT 9%F 252E OISLO3446 Loader Skktsteer 2002 CAT 420D FDP12773 Backhoe L23 2007 CAT 928G DJD02717 Loader L24 CAT 950 G 3JW01649 Loader L25 2009 CAT 289C JMPOO867 Compact Track Loader L26 2012 CAT 289C JMP2776 Compact Track Loader 227 2012 CAT 289C JMP2780 Compact Track Loader L28 2011 CAT 98OG 2KR75M Loader L29 2008 CAT 966H A6D1384 Loader L30 2006 CAT 416DIL B2D2395 Landscape Tractor L31 2007 CAT 420EIT KMW1549 Backhoe L32 2006 CAT 938G RTB2312 Loader L33 2006 Case 570 MXT JJG0302936 Skip Loader L34 2006 CAT 938G TCR00266 Loader /forks 8 Bucket L35 2010 CAT 850H OK5KO2879 SW Wheel Loader 336 CAT 416D 0416DT82DO2481 SW Wheel Loader 1 Q7 2007 CAT 33ML MWPO1286 Escavator I % ud Dynapac CP271 23620353 Pnuemafic Roller C5 1978 Ingram 10-12 ton 726BO95 3 Wheel Steel C8 Wacker Packer 583601396 Yellow Wacker Packer C9 Wacker Packer 654504847 Green Wacker Packer C10 Dynapac CC421 58010324 Double Drum Vibratory Roller C11 1977 Ingram 539375 641995OD63 3 Wheel Steel C13 1968 Ingram 1125 3A80281FC 25 Ton Pneumatic C17 2000 Dynapac CS141 21720145 3 Wheel Steel Wheel (9010005) C18 2000 Dynapac CP271 6998453 Pnuemaicc Roller 222 1999 Dynapac CC522 62910590 Tandem "Drum Roller w C20 1993 Wacker Packer LF70 VIB 223 2000 Dynapac CA250PD 65320338 Vibratory Padfoot C24 2000 Dynapac CA251 PD 58311823 Vibratory Padfoot C25 1999 Dynapac CA152PD 64320602 Vibratory Padfoot C26 I , 1991 1995 Dynapac Dynapac CS12 CP30 175363 7018797 3 Wheel Steel 30 Ton Pneumatic C28 1978 INGRAM 10-12ton 88275OE9Q 3 Wheel steel C31 Dynapac CP301 25 Ton Pneumatic Page 4 of 8 C32 1998 Dynapac CS141 903R140055 3 Wheel Steel C33 2008 Dynapac CC142 60214052 Double Drum Asphalt 1998 Dynapac CC522 62910617 Double Drum Compactor C36 1992 Caterpillar 815E 17ZOO487 Soil Compactor C36 2001 CIVII 335C HE-1506 Compactor C37 1999 Rex 3-35C HE1498 Compactor C38 2006 Dynapac CC522 51720556 VHF Roller C39 2002 Caterpillar PS360B 9LS00221 Pneumatic C40 1992 Hamm WH90 33906 3 Wheel Steel C41 2001 Caterpillar PS360B 9LS00229 7 Wheel Roller C43 2011 Hamm GRW280-30 H1950097 Pneumatic Roller C44 2001 CM1 3-35C HE1508 Compactor C45 2006 Dynapac CP271 2362BR2284 Pneumatic Compactor C46 1994 Caterpillar 815E 17ZO1695 Compactor C47 1993 Caterpillar 815E 17ZO1524 Compactor C48 2013 Dynapac CC524HF 10000322COA008893 Vibratory Asphalt Roller C49 2006 Dynapac CC522VHF 51720557 Vibratory Double Drum Roller 1995 Gomaco GT3600 902900-053 Curb & gutter machine Gomaco Commander 111 900100562 4 Track Concrete Paver CE6 Gomaco 9500 MC18682-55 Placer w/TrImmer Head CE7 2014 Gomaco GT3600 902900-957 Curb & gutter machine CE8 Gomaco Self Propelled Work Bridge D1 Gardner -Denver GD45C 45001 Blasthole Drill D3 2006 E-Z Drill 21OB-2SRA U3349 Slab Drill D4 2012 Komatsu D155AX-7 90078 Dozer El 1991 John Deere 790D-LC 2ZKO0649 (8465) Excavator E3 2002 Cat 350L 3MLOO286 Hyd Excavator E4 2009 Cat 307D CAT0307DPDSGO0187 Track Excavator LD4 2002 Leeboy L500 309276 500 Gal Tack Wagon LD6 2000 Champion MOM 30277 Pro-Pav ILD8 2009 Lee -Boy 8515T 8515T-54865 Asphalt Paver LD9 2002 Cedar -Rapids MS2 45280 Pick-up Machine 77- 2004 Ingersoll-Rand PF3120 178754 Crawler Asphalt Paver LD1 1 2015 Lee -Boy 250T 1309357 500 Gal Tack Wagon LD12 -------------- -- ----- 2011 CAT AP-1000D EAD00433 Asphalt Paver 9 I I I I Li I Page 5 of 8 L MS19 John Deere Plow Flat Bottom Breaking Plow MS20 John Deere Shreader Bat Wing 3 Leroi Compressor KG56-1303 Trailer MM Air Compressor '4 Hotsy S7055 C792330700 Pressure Washer MS25 MKC MK Concrete saw. Honda engine MS.2-6— Corecut Saw Honda engine MS30 Hotsy 5516 203243 Pressure Washer MS31 1992 Cat Forklift 7SC00883 60001b MS37 2003 Bobcat BIT 24% MS39 2003 Bobcat BIT 12' MS41 1992 Onan Generator V2203-136528 Trailer Mid Power Unite MS42 1986 Lincoln SQOO A802862 Welder MS43 2004 Rome GI-7-24 20GT-1021 Mixing disc plow MS46 2004 S Pump 2" Centrifugal Selfpdmin MS47 Poulan Chainsaw (two) MS48 1990 Lincoln SA200 A-802862 Welder MS50 1990 AMCO WOG-2-3230-BG 1053 PLOW j^xij 2006 Allmand 0534AB06 AWB15-5573 Arrowboard Mb52 -7' 2006 Aftand 0549AB06 AWB15-5574 Arrowboard 1)" A 2006 Red Lion RLGF8 2906 CODE 616808 2' Pump Type A MS54 2006 Red Lion RLGF8 3705 CODE 616808 2' Pump Type A MS55 Target PRO6511ID30 228590001 Concrete Saw MS56 2006 Allmand 0536AB05 Arrowboard M857 1996 Arrow Master 1350 6410 Self Propelled Hammer MS58 2009 Norton BBC547 8083028 Brick Saw MS59 MI-T-M 75000 MHO 40033591 Generator MS60 2005 Witrigen W2100 410145 Pavement Profiter MS61 2004 Ingersall Rand P185WJD 346433UE0221 Portable Air Compressor MS62 2003 Ingersall Rand P185WJD 356249UDPB34 Portable Air Compressor MS63 2005 Bomag MPH364R-2 901823001607 Soil Stabilizer MS64 2010 MI-T-M 600OOMHO 40025106 Generator MS65 1999 Aftand 402AB05 Portable Solar Arrowboard MS66 2010 Terex ODLSE25LA EVD-10635 Arrowboard 2010 Terex]Amida ODLSE25LA GRD-21578 Arrowboard 2010 Terex/Amida ODLSE25LA GRD-21579 Arrowboard I_MS69 2010 1 Terex/Arnida ODLSE25LA FKD-13884 Arrowboard I I I I I I I I I I LJ Page 7 of 8 MS70 2010 Terex ODLSE25LA FKD-13885 Arrowboard MS71 2011 GNSS852-882 Trimble Kit 2 12'x48' Mobile Office trailer 3 Trimble GPS System Mounted on M6 MS74 Trimble GCS900 3D Auto Option Key MS75 MS76 Remco MC WIZ MCW07-762 Plow MS77 2012 Maxe 5R8U61027CM022963 Pump MS78 Husgvama FS400 Concrete Flat Saw MS79 SON TS420-14 179141323 Cutoff Saw MS80 2008 Wirt en W2100 09,21.0286 Coll Planer MS81 Husqvama FS400 Concrete Flat Saw MS82 Briggs & Stratton 25T235001561 1405081600570 Generator MS83 2010 Broce KR 350 407027 Ride on Sweeper MS84 Wishek Y-2000-10 AGCWY2000EX036301 Offset Disc Plow MS85 2010 Ditchwitch RT45 CMWRT45XC80000366 Trencher MS86 2008 Genie GTH842 GTH0808A12182 Telescopic Forklift l'f^R7 ts8$ 1998 Link -Belt Genie RTC4065 S45 D718-9945 S4507-11814 45ft Boorn Lift �9 Genie S80 S8004-3616 80ft Bonn Lift Plant 1 1979 Jaw Crusher Gen Set Feeder (Pit 41) Crusher Plant Plant 2 1978 H & B Hatch Plant Control (Asphalt Plant) Hot Elev 10000ASP Tank Misc "Plant 3 2013 Powerscreen Cheifton 1400 Trax PID00066JDGD16223 (Screen Plant) 5x16 ft deck portable Plant 4 1998 Yard Crusher - Detriot Eng OMTR001 Impact crusher Plant 5 1999 Nordberg 1213CC 2052-2781 Impact crusher Plant 6 1998 Vince Hagen 981016 Concrete Batch Plant Page 8 of 8 AftdvmMA Cwnw?yqe*vdwed cmvkftd 8,11 tiakeloyan 1161115 4:55 PM 112/11= 4:55PM Qmmnt l'n4ftb emi h bd Qwpl W WAfn dm k d l6Yamn fir. ".' 7411 .1 t�l 118/112 4:55 PM QUTMR*M=dh%lled I ffid" at ka 10 Yon AUDCAMMd A 1181,16 4:5SPM emmrnjmndh%lgd ukbb tho bo M Ves AAA 1181118 4:55 PM l Itallis 4:55 PM �11 1181,10 4:55 PM City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Proposal 1, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. Lcnewc-- 'o actor (Original Signature) Contractor (Print) l h CONTRACTOR'S BUSINESS NAME: 9f VJ J—ft4 Print or Type) ype) -� CONTRACTOR'S FIRM ADDRESS: / U p1 Un I V NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. RFP 18-13997-TF - Unpaved Roads Improvements Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shalt be: The City of Lubbock shalt consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services c ' (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four (4) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO t If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. .'... g Offeror's Initials Lii1 13Ilfi z Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted'in serious bodily injury or death? YES NO If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: w_ Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: e ACKNOWLEDGEMENT THE STATE OF TEXAS I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations omissions ay cause my proposal to be rejected. Si a ,6awn Title -1111111-1-.1-1... 1--v. 2 2 City of Lubbock, TX RFP 18-13997-TF Suspension and Debarment Certification Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY FEDERAL' Signature of Printed name of company official signing above: Date Signed: j I% r-: City of Lubbock, TX Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel RFP 18-13997-TF House Bill 89, adopted by the 8511 Legislature, created §2270.001, Texas Government Code, Section Subtitle F, Title 10, requires a company entering to a contract with a governmental entity or state agency to verify that the company: (1) does not boycott Israel; and (2) will not boycott Israel during the terra of the contract. (Effective September 1, 2017) I, the undersigned agent for the company named below, certify that the Company does not boycott Israel and will not boycott Israel during the term of the contract. Signature of Company ALL r, Signed: L "` �'1-12 Printed name of company official signing above:? - LWC,zr- PROPOSED LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 2. ❑ ❑ 3. ❑ ❑ 4. ❑ ❑ 5. ❑ ❑ .. 6. ❑ a 7. ❑ ❑ S. ❑ ❑ 9. ❑ ❑ 10. ❑ fl 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ ,. 14. ❑ ❑ . - 15. 0 ❑ 16. ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO % SUBMITTED BY: L��e �54.4r D 1 rf 4 Ath +" (PRINTNAME OF -COMPANY) RFP 18-13997-TF - Unpaved Roads Improvements POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS FINAL LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 2. ❑ ❑ 3. ❑ ❑ 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ SUBMITTED BY: L (PRINT NAME OF COMPANY) THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 18-13997-TF - Unpaved Roads Improvements .116.. !_Ai -1. PAYMENT BOND STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Lone Star Dirt & Paving. Ltd. (hereinafter called the Principal(s), as Principal(s), and ENDURANCE ASSURANCE CORPORATION (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Nine Hundred Twenty -Six Thousand Two hundred Sixty -Five Dollars u ($99.265) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 141b day of June, 2018, to RFP 18-13997-TF Unuaved Roads Improvements and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the t e provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 14TH day of JUNE 2018. ENDURANCE ASSURANCE CORPORATION Surety *By: By: (Tit e) DAWN R. TAYLOR, ATTORNEY IN FACT LONE STAR DIRT & PAVING, LTD (Company Name) (Printed V (Title) I a z The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates 3. KIRK KILLOUGH an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. I I I I ENDURANCE ASSURANCE CORPORATION Surety * By: /)Z, V. (Ti DAWN R. TAYLOR, ATTORNEY IN, FACT Approved as to form: City f k L By:- � - C Attorney t * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by -laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Lone Star Dirt & Paving, Ltd. (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Nine Hundred Twenty -Six Thousand Two Hundred Sixty -Five Dollars ($926,265) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 14tb day of June, 2018, to RFP 18-13997-TF Unpaved Roads Improvements and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 2018. ' Surety _ *By. (Title) (Company Name) By: (Printed Name) (Signature) (Title) L, The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: (Title) Approved as to form: City of Lubbock By: City Attorney Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have COPY of power of attorney for our files. 2 PERFORMANCE BOND Page Intentionally Left Blank BOND# EACX090000188 0 it RM STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Lone Star Dirt & Paving, Ltd. (hereinafter called the Principal(s), as Principal(s), and ENDURANCE ASSURANCE CORPORATION (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Nine Hundred Twenty -Six Thousand Two Hundred Sixty -Five Dollars ($92b b5 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 141b da ® Y of June, 2018, to RFP 18-13"7-TF Unpaved Roads Imnrovemcnts and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this14TH day ofJUNE 2018. ENDURANCE SURANCE CORfPMTION Surety *By. (Tjt DAWN R. TAYLOR, ATTORNEY IN FACT LONE STAR DIRT & PAVING. LTD. (Company Name) (Printed Na e) (SiSn (Title) I The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates j KIRK KILLOUGH an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. ENDURANCE ASSURANCE CORPORATION Surety *By: (Tit DAWN R. TAYLOR: . Approved as to Form ATTORNEY IN FACT City o ub k- By: _ City Attorney * Note: If signed b gn y an officer of the Surety Company, there must be on file a certified extract from the by-laws Showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 ENDURANCE ASSURANCE CORPORATION 090 POWER OF ATTORNEY XAM aff9Vien (y these ftaent, that ENDURANCE ASSURANCE CORPORATION, a Delaware corporation (the'Corporation'), with offices at 4 Manhattanville Road, 3rd Floor, Purchase, NY 10577, has made, constituted and appointed and by these presents, does make, constitute and appoint KIRK KILLOUGH, ALICIA GRUMBLES, TRACY L. MILLER, MIT I GS, JAMES R. REID, CAREY BRENT AYCOCK, DAWN TAYLOR, AARON ENDRIS, MARY ELLEN MOORE, TRICIA BALOL U (s}in-fact, at LUBBOCK in the State of TX and each of them to have full power to act without the other or others, to make, execute and deliver on its h^ ire d undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesald renewals, extensions, agreements, waivers, conse r undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Corporation for any pwrtigii pe sum thereof 1 um of TWENTY MILLION Dollars ($20,000,000). Su s and and f r sat hen duty executed by said attomey(s)-in•fac4 shall be binding upon the Corporation as fully and to the same extent as If signed by the PntbidenEof the Co er its co sBal attested by its Corporate Secretary. and by a of certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the 9th of January, 2014, a copy . This Power dR APaled by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written consent on January 9, 20 on has not since been revoked, amended or repealed: RESOLVED, that in granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on January 9, 2014, the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile , and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it is attached . IN WITNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this 7th day of June, 2017 at Purchase, New York. (Corporate Seal ENDURANCE ASSURANCE CORPORATION J ATTEST By Oar dK" (/ MARIANNE L WILBERT, SENIOR VICE PRESIDENT SHARON L. SIMS, SENIOR VICE PRESIDENT STATE OF NEW YORK ss: Purchase COUNTY OF WESTCHESTER On the 7th d 3u&,;20 7 dew mp personally came SHARON L. SIMS, SENIOR VICE PRESIDENT to me known, who being by me duly swam, did depose and say that (s)he resides in SCOTCH S, ,' Y a( 0)he is a SENIOR VICE PRESIDENT of ENDURANCE ASSURANCE CORPORATION, the Corporation described In and which executed the above s stf$Corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corpora6 �h Game thereto by like order. (Not#al ay, 1Ht1. ' � � ", � �, •• Nicholas James Benenag, Notary Public - My Commission Expires 12107/2019 CERTIFICATE STATE CfE�} i .. ss: Purchase COUNTY I, CHRISTOPHER Dr014ELAN the PRESIDENT of ENDURANCE ASSURANCE CORPORATION, a Delaware Corporation (the'Corporation'), hereby certify: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked , amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney , and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on January 9, 2014 and said resolutions have not since been revoked, amended or modified: 'RESOLVED, that each of the Individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in surety or co -surety with others: `.. CHRISTOPHER DONELAN, SHARON L. SIMS, MARIANNE L. WILBERT And be it RESO c iv above is authorized to appoint allomeys-In-fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obfig r if of the Corporation 3. Th rSigned further xrertiliris ; e resolutions are We and correct copies of the resolutions as so recorded and of the whole thereof . IN ax SS WHET �v here to S ?and and affixed the corporate seal this 14th day of June 20 18 5 , (Corporati � r , ,k AA CHRISTOPHER DONELAN, PRESIDENT Any reproductions we voli Primary Surety CWneSubmissionsuretybondcleims@@wmpoantL om Surely Clame Hotk : 877-876-7575 Maifng Address: Surety Clams Deperbnent, 750 Third Avenue —101h Floor, New Yak, NY 10017 e Policyholder Notice TEXAS - IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una You may call the company's telephone number for queja: information or to make a complaint at: Usted puede Ilamar al numero de telefono de la compania para informacion o para someter una queja al: 1-877-676-7575 You may write the Company at: Endurance Assurance Corporation Attention: Surety 1221 Avenue of the Americas,18th Floor New York, NY 10020 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance PO Box 149104 Austin, TX 78714-9104 FAX# (512) 490-1007 Web: http://www.tdi. texas.eov E-mail: ConsumerProtection tdi. texas.eov 1-877-676-7575 Usted tambien puede escribir a: Endurance Assurance Corporation Attention: Surety 1221 Avenue of the Americas,18th Floor New York, NY 10020 Puede communicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas PO Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 Web: http://www.tdi. texas.eov E-mail: ConsumerProtection tdi. texas.eov PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene dispute concerning your premium or about a claim una disputa concerniente a su prima o a un you should contact the company first. If the dispute reclamo, debe comunicarse con la compania is not resolved, you may contact the Texas primero. Si no se resuelve la disputa, puede Department of Insurance. entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Lone Star Dirt & Paving, Ltd. (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Nine Hundred Twenty -Six Thousand Two Hundred Sixty -Five Dollars ($926,265) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 14th day of June, 2018, to RFP 18-13997-TF Unpaved Roads Improvements and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as . r fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument F-' this _ day of Surety * By. (Title) (Company Name) By: (Printed Name) (Signature) (Title) Pate Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock By: ( City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 Pale Intentionally Left Blank CERTIFICATE OF INSURANCE 1 Pate Intentionally Left Blank rJ P, ul tj C^ �® AC �V/l� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/28/2018 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 Arthur J. Gallagher Risk Management Services, Inc. 110 N. Marienfeld Suite 330 CONTACT Ara NAME: Debbie Aranda NAME: Ext : 80e 2015 (FAX No : 866-446-7371 ADDRIEss: Debbie Aranda@ajg.com INSURER(S) AFFORDING COVERAGE NAIC# Midland TX 79701 INSURER A: ZNAT Insurance Company 30120 INSURED INSURER B:XL.Specialty Insurance Company 37885 Lone Star Dirt it Paving, Ltd. 11820 University Avenue INSURER C: National American Insurance Company OK 23663 INSURER D : Lubbock TX 79423-7412 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:244016n67 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDD� POLICY MIL DYEXP /YYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y Y MP17500142 5/302018 5/302019 EACH OCCURRENCE _ _$1,000,00__0___ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $10,000 X MED EXP (Any one person) $ 5,000 WC-GL2017 (0117) X AI-CG2033 (0413) PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a PRO- ❑ LOC JECT PRODUCTS-COMP/OPAGG $2.000,000 $ OTHER: C AUTOMOBILE LIABILITY Y Y MP17500142 5/302018 5/302019 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED AUTOS ONLY AUTOS ONLY X HIRED IX Al MSIG120 0113 $ At MSIG120 (0113 X WS NAICO-31 AI-NAICO-25 C X UMBRELLA LIAB X OCCUR Y Y MB51480142 5/302018 5/302019 EACH OCCURRENCE $5,000.000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN Y Z072147007 5/302018 5/302019 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1.000.000 OFFICERIMEMBER EXCLUDED? El NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1.000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1.000,000 B Rented/Leased Equipment Y Y UM00056626MA18A 5/302018 5/302019 Per Item $500,000 Total Value $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) ADDITIONAL INSURED: Certificate Holder is an Additional Insured as respects to the General Liability & Automobile policy, pursuant to the policy's terms, definitions, conditions and exclusions. Certificate Holder is included as Additional Insured on the General Liability & Automobile policy, as per endorsement CG2033, edition (0413) & AINAICO25, edition (0507). WAIVER OF SUBROGATION: Waiver of Subrogation applies to certificate holder, as respects to the General Liability & Automobile policy, pursuant to the policy's terms, definitions, conditions and exclusions. Waiver of Subrogation applies to certificate holder, as respects to the General Liability & Automobile policy, as per endorsement #WCGL2017, See Attached... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lubbock ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing And Contracts Management Office 1625 13th Street, Room 204 AUTHORIZEDREPRE�ENTATIVE Lubbock TX 79401 �/7 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD No Text AGENCY CUSTOMER ID: LOC #: AC40RLY ® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Arthur J. Gallagher Risk Management Services, Inc. NAMED INSURED Lone Star Dirt & Paving, Ltd. 11820 University Avenue Lubbock TX 79423-7412 POLICY NUMBER CARRIER 7rIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE (0117), NAIC031, edition (0609) and Workers' Compensation policy, as per endorsement #420304B, edition (0614). i & Noncontributory Coverage afforded on General Liability. 'ICE OF CANCELLATION: Workers' Compensation, General Liability and Business Automobile policies include an endorsement providing that 30 days notice of cancellation or :rage change will be furnished to the certificate holder. act or Job #: 92516, 92454, 80062 act: Unpaved Roads Improvements ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: 4 THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the nrovisions of the standard nolicies used by this comnanv. the further hereinafter described. Excentions to standard Dolicv noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ 11 Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ 11 Other than Auto Only: Each Accident $ Aggregate $ BUILDER'S RISK 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK u By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. S CONTRACTORCHECKLIST ,--. i A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;, (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental - entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends r-1 during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after f 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; / f ✓ (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other _ I commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 1, J PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. REQUIRED WORKERS' I' - 1COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (D) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (IT), with the certificate of coverage to be provided to the person for whom they are providing services. Pate Intentionally Left Blank I I CONTRACT Pale Intentionally Left Blank I U Contract 13997 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14" day of June, 2018 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Lone Star Dirt & Paving, Ltd. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP 18-13997-TF Unpaved Roads Improvements and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Lone Star Dirt & Paving, Ltd.'s proposal dated April 24, 2018 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: Lone Star Dirt & Paving, Ltd. By: P T AME:e�e TITLE: V— A Cc o o ne r- COMPLETE ADDRESS: Lone Star Dirt & Paving, Ltd. 11820 University Lubbock, TX 79423 _ ATTEST: Corporate Secretary CITY=WNER): By: Daniel M. Pope, Mayor An: Rebec tarz a, City Secretary APPROVED AS TO CQNTENT: i Turpin, P.E., Assistant°City Engineer/Capital ects and Design y Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineering JP OVED AST FORM: Klli Leisure, Assistant City Attorney Page Intentionally Left Blank I I I I I I I CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY This questionnaire reflects changes made to law by H.B. 23, 84th Leg., Regular Session Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists. The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets the requirements under Section 176.006(a). By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later than the 71h business day after the date the vendor becomes aware of the facts that require the statement to be filled. Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors). The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire" regarding the vendor's business relationships, if any, with Council Members or the City Manager. Compliance is the responsibility of each individual, business or agent who is subject to the law's filing requirement. Questions about compliance should be directed to your legal counsel. Office of the City Secretary 1625 13th Street, Room 206 Lubbock, TX 79401 Questionnaire is available at http://www.ci.lubbock.tx.us/departnientalwebsites/ departments/purchasing/vendor-information CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES Texas Government Code 2252.908 Disclosure of Interested Parties Form 1295 �i House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. §2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016. An interested party is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, signing the form, and returning the form to City of Lubbock Purchasing & Contract Management Department. Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with the project will log -in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will complete the form for the contract with which the form is associated. The completed form will be made available via the Texas Ethics Commission website. P Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed H instructions are located at: https:llwww.ethics.state.tx.us/whatsnewlelf info form1295.1itm GENERAL CONDITIONS OF THE AGREEMENT Paize Intentionally Left Blank F I I I I m GENERAL CONDITIONS OF THE AGREEMENT ,,, I. OWNER Whenever the word Owner, or First Parry, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Parry, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Lone Star Dirt & Paving, Ltd., who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Manager, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. t- 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 3 0 10. I 12. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 1 -, 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING a It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's t Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any person or persons on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or persons shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. E., 21. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance t� with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, (_ alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or t` a Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's _ Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case t any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. r- 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a - clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully E understands the work to be included and has provided sufficient sums in its proposal to complete the work__ in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of i F i proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts f_ identified after proposals are reviewed. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to ' " 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the T Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. d The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. r, 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. v PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and $1,000,000 per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury w/Heavy Equipment XCU B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit per occurrence, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $4,000,000 per occurrence on all sl contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. LJ F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $1,000,000 f 3 __J 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-- j 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. r� Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without --, limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; r- (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. F. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: Li _1 (1) (2) (3) (4) (5) (6) (7) (8) (9) The name and address of the insured. The location of the operations to which the insurance applies. The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. If policy limits are paid, new policy must be secured for new coverage to complete project. A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- Li 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and _ (h) contractually require each person with whom it contracts to provide services on a project, to: HI (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; _1 (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all ' employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all j coverage agreements will be filed with the appropriate L) 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 i Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown _, 29. 30 31 t, 32. on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the i violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed is waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of t-I this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the Notice to Proceed and contract documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 PER DAY, not as a penalty, tj but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then g Y p p the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may_-� withhold permanently from Contractor's total compensation, the sum of $500 PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the - Contractor shall fail to meet the time requirements stipulated for substantially completing the work. r� It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial_# completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. r The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is , expressly agreed to be not disproportionate to actual damages as measured at time of breach. _t IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. U- 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative) may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, (_ schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIW OF PERFORMANCE (- The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 3-7. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workers, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. .y 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material ' to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and i agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the - over run or under run of estimated quantities32 note exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work - by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive , such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the _ contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by -, Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's ' agents and employees, which have not theretofore been timely filed as provided in this contract. - 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. i Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent -' standard retainage until actually incorporated into the project. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHBELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, v (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, i (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, ! (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor i .> shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by t Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed - that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, f and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with ) the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the j Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work 1 any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for ! under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of persons and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall - be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the -' Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. i 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. 51. 52. 53 54 i' BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions f conflict with any of the general conditions contained in this contract, then in such event the special conditions . shall control. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. CONTRACTOR ACKNOWLEDGES Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 60. HOUSE BILL 2015 House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 61. HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: http://www.ci.lubbock.tx.us/departmental-websites/departments/purchasing/vendor-information 62. SB 252 SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 63. HB 89 -� The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government ? Code by verifying that: (1) The Contractor does not boycott Israel; and k (2) The Contractor will not boycott Israel during the term of the Agreement. DAVIS-BACON WAGE DETERMINATIONS Pate Intentionally Left Blank . , General Decision Number: TX180007 01/05/2018 __ TX7 Superseded General Decision Number: TX20170007 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 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 $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above - mentioned types of contracts entered into by the federal government that are subject to the Davis - Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5. 1 (a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Paving & Curb ............... $ 12.36 Structures .................. $ 13.52 Asphalt Raker ............... $ 12.28 Flagger.....................$ 9.30 Laborer, Common ............. $ 10.30 Laborer, Utility ............ $ 11.80 Work Zone Barricade Servicer.................... $ 10.30 POWER EQUIPMENT OPERATOR: Asphalt Distributer ......... $ 14.87 Asphalt Paving Machine ...... $ 13.40 Broom and Sweeper ........... $ 11.21 Crane, Lattice Boom 80 Tons or Less ................ $ 16.82 Crawler Tractor Operator .... $ 13.96 Excavator, 50,000 lbs or less ........................ $ 13.46 Front End Loader Operator, Over 3 CY................... $ 12.77 Front End Loader, 3CY or less ........................$ 12.28 Loader/Backhoe.............. $ 14.18 Mechanic .................... $ 20.14 Milling Machine .............$ 15.54 Motor Grader, Rough ........ $ 16.15 Motor Grader, Fine .......... $ 17.49 Pavement Marking Machine .... $ 16.42 Reclaimer/Pulverizer........ $ 12.85 Roller, Asphalt ............. $ 10.95 Roller, Other ............... $ 10.36 Scraper ..................... $ 10.61 Spreader Box ................ $ 12.60 Modification Number Publication Date Servicer ......................... $ 13.98 0 01/05/2018 Steel Worker (Reinforcing) ....... $ 13.50 * SUTX2011-002 08/02/2011 TRUCK DRIVER Rates Fringes Lowboy -Float ................ $ 14.46 Single Axle ................. $ 12.74 CEMENT MASON/CONCRETE Single or Tandem Axle Dump..$ 11.33 FINISHER (Paving & Structures) ... $ 13.55 Tandem Axle Tractor with Semi ........................ $ 12.49 ELECTRICIAN ...................... $ 20.96--------------------------------------------------- FORM BUILDER/FORM SETTER i WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health - related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health - related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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 i 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. J Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based - on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both , union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in ._ producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. ? Union Average Rate Identifiers Classification(s) listed under the UAVG identifier - indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. - EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in t the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the `.r survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour 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. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. I_D _ -I 1 61 Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIAL CONDITIONS PaEe Intentionally Left Blank s U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF LABOR RELATIONS FEDERAL LABOR STANDARDS PROVISIONS form HUD-4010 Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (it) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: U.S. Department of Housing and Urban Development Office of Labor Relations (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140. ) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140. ) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (III) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010 (06/2009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 E< of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act) daily and communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.,qovlesalwhd/formslwh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149. ) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010 (06/2009) Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (III) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (II) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registered in a A t¥ 4. Apprentices and Trainees. program which has received prior approval, evidenced by (i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of � performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the r 1 Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program t_ i registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and [ appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship_i an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010 (06/2009) Page 3 of 5 ref. Handbook 1344.1 4 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ill) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 6. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ill) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete Page 5 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 t `t SUPPLEMENTARY CONDITIONS U.S. Department of Housing OMB Approval No. 2502-0598 OF THE CONTRACT FOR and Urban Development (Exp. 06/30/2017) Office of Housing CONSTRUCTION Public Reporting Burden for this collection of information is estimated to average 0.2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information Act request. Article 1: Labor Standards A. Applicability. The Project or program to which the construction work covered by this Contract pertains is being assisted or insured by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract or related instrument pursuant to the provisions applicable to such Federal assistance or insurance. Any statute or regulation contained herein shall also include any subsequent amendment or successor statute or regulation. B. Minimum Wages. Pursuant to Section 212 of the National Housing Act, as amended, 12 U.S.C. 1715c, the minimum wage provisions contained in this paragraph B do not apply to those projects with Security Instruments insured under Section 221(h)(1) designed for less than 9 families and they do not apply to those projects with Security Instruments insured under either Section 220 or 233 designed for less than 12 families. 1. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project) shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis -Bacon Act (40 U.S.C. 3141(2)(B)(ii)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each revious editions are o so a e; Construction Contract Supp - Replaces form HUD-92554 classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii)) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics that is not listed in the wage determination and that is to be employed under this Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, D.C. 20210 ("Administrator"). The Administrator, or an authorized representative, shall approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise HUD or its designee or shall notify HUD or its designee within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives and HUD or its designee do not agree on the Q proposed classification and wage rate (including the amount designated for fringe_ benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, i- shall issue a determination within thirty (30) days of receipt and so advise HUD or its designee or shall notify HUD or its designee within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under - OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined-' pursuant to subparagraphs 13.1.(ii)(b) or (c) of this Article, shall be paid to all workers Previous editions are obsolete; Construction Contract supp HUD-92554M (06/14) -92554 Replaces form HUD I '• 1 i -, performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit that is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written - request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate m' account assets for the meeting of obligations under the plan or program. (Approved by g the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), all or part of the wages required by the Contract, HUD or its designee may, after written notice to the Contractor, sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 3. Payrolls, records, and certifications. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the Project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1 (b)(2)(B) of the Davis -Bacon Act (40 U.S.C. 3141(2)(B)(ii))), daily and weekly number of hours worked, deductions made and actual wages paid. - Previous editions are obsolete; Construction Contract Supp HUD-92554M (06/14) Replaces form HUD-92554 Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis - Bacon Act (40 U.S.C. 3141(2)(B)(ii)), the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the - apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii)(a) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor shall submit the payrolls to the applicant, sponsor, or Owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347.pdf or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant sponsor, or Owner, as the case may be, for transmission to HUD or its designee, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: i Previous editions are obsolete; Construction Contract Supp HUD-92554M (06/14) -' Replaces form HUD-92554 (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph 13.3.(ii)(b) of this Article. (d) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Sections 3801 et sea of Title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under subparagraph B.3.(i) of this Article available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. a 4. Apprentices and Trainees. (i) Apprentices. Apprentices shall be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of ` Apprenticeship, or with a State Apprenticeship Agency recognized by such Office, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship, or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in r - Previous editions are obsolete; Construction Contract supp HUD-92554M (06/14) Replaces form HUD-92554 6 any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where the Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed 1. in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of J progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship, or a State Apprenticeship Agency recognized by such Office, withdraws approval of an apprenticeship program, the Contractor shall no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. r (ii) Trainees. Except as provided in 29 CFR 5.16, trainees shall not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws Previous editions are obsolete; Construction Contract Supp HUD-92554M (06/14) Replaces form HUD-92554 I approval of a training program, the Contractor shall no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii)Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 10 of this paragraph B and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage determination, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all Contract clauses referenced in this subparagraph. 7. Contract termination and debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor or a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act (40 U.S.C. 3144(b)(2)) or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act (40 Previous editions are obsolete; Construction Contract Supp Replaces form HUD-92554 HUD-92554M (06/14) 7 8 U.S.C. 3144(b)(2)) or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Department... makes, passes, utters or publishes any statement, knowing the same to be false... shall be fined under this title or imprisoned not more than two years, or both." C. Contract Work Hours and Safety Standards Act. 1. Applicability and Definitions. This paragraph C of Article 1 is applicable only if a direct form of federal assistance is involved, such as Section 8, Section 202/811 Capital Advance, grants etc., and is applicable only where the prime contract is in an amount greater than $100,000. As used in this paragraph C, the terms "laborers" and "mechanics" include watchmen and guards. 2. Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work that may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 3. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the immediately preceding subparagraph C.2, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of such subparagraph, in the sum of $25 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in such subparagraph. 4. Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract, or under any other Federal contract with the same prime contractor, or under any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Previous editions are obsolete; Replaces form HUD-92554 Construction Contract Supp HUD-92554M (06/14) i 9 subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph 3 of this paragraph C. 5. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 5 of this paragraph C and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in such subparagraphs 1 through 5. D. Certification. For projects with Security Instruments insured under the National Housing Act, 9. as amended, that are subject to paragraph B of this Article 1, the Contractor is required to execute the Contractor's Prevailing Wage Certificate within HUD-92448 as a condition precedent to insurance by HUD of the Loan, or an advance thereof, made or to be made by the Lender in connection with the construction of the Project. Article 2: Equal Employment Opportunity A. Applicability. This Article 2 applies to any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee. B. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, disability, or national origin. D. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Previous editions are obsolete; Construction Contract Supp HUD-92554M (06/14) Replaces form HUD-92554 10 I' E. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.` 1 F. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to - ascertain compliance with such rules, regulations, and orders. G. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. H. The Contractor shall include the provisions of paragraphs A through H of this Article 2 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions shall be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any ' subcontract or purchase order as HUD or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD or the Secretary of Labor, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. ' Article 3: Equal Opportunity for Businesses and Lower Income Persons Located Within the Project Area A. This Article 3 is applicable to projects covered by Section 3, as defined in 24 CFR Part 135. B. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the 3 requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the unit of local government or the metropolitan area (or non -metropolitan county) as _} determined by HUD in which the Project is located and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area (or non - metropolitan county) as the Project. Previous editions are obsolete; Construction Contract Supp HUD-92554M (06/14) Replaces form HUD-92554 ii i': 11 Article 4: Health and Safety A. This Article 4 is applicable only where the prime contract is in an amount greater than $100,000. } B. No laborer or mechanic shall be required to work in surroundings or under - working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. C. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926, and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seg. ,- D. The Contractor shall include the provisions of this Article 4 in every subcontract so that such provisions shall be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as HUD or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete; Construction Contract Supp HUD-92554M (06/14) Replaces form HUD-92554 Code of Federal Regulations Title 29 - Labor Subtitle A —PART 5—LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT) Subpart A —Davis -Bacon and Related Acts Provisions and Procedures §5.5 Contract provisions and related matters. (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in §5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. 1-' (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the -= contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The (write in name of Federal Agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the t site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. ; (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall onlyneed to include an individual) identifying number for each employee e. the last Y� fYg(g•, i, four digits of the employee's social security number). The required weekly payroll information_ J may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.govlesalwhd/formslwh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by L_ all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the _. Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees—(i) Apprentices. Apprentices will be permitted to work at less i than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the^ ' program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the - contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. -' Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance _J with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of Tinge benefits listed on the , wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at t less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding i journeyman wage rate on the wage determination which provides for less than full fringe benefits _ for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall F be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment =-1 and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.-' I'' (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of (_ Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5 (a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by §5.5(a) or §4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the conract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. i (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in §5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of H the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number,LI correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be L maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such - representatives to interview employees during working hours on the job. (The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section were approved by the Office of Management and Budget: E_ Paragraph OMB Control No. (a)(1)(ii)(B) 1235-0023 (a)(1)(ii)(C) 1235-0023 (a)(1)(iv) 1235-0023 (a)(3)(i) 1235-0023 (a)(3)(ii)(A) 1235-0023 1235-0008 I(C) 1235-0023 [48 FR 19540, Apr. 29, 1983, as amended at 51 FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, June 26, 1992; 58 FR 58955, Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008; 81 FR 43450, July 1, 2016; 82 FR 2225, 2226, Jan. 9, 2017; 83 FR 12, Jan 2, 2018] REQUIRED CONTRACT PROVISIONS I. Administrative, Contractual or Legal Remedies In instances where the Contractor violates or breaches this Contract the City may apply administrative, contractual or legal remedies. The City may suspend all activities temporarily pending either corrective action by the contractor or a decision by the City to terminate this contract. II. Suspension or Termination The City may terminate this contract, in whole or in part, at any time City determines that there is cause for termination including but not limited to the following circumstances: If Contractor neglects to execute the Work properly, in a timely manner, refuses to supply proper or sufficient materials or workmanship, or fails to perform any provisions of the contract. 2. If Contractor is adjudged bankrupt, makes a general assignment for the benefit of his creditors, or if a receiver is appointed of insolvency. 3. If Contractor fails to make prompt payment to any Subcontractor and supplier for material or labor, 4. If Contractor commits continual violation of public laws or ordinances. III. Non-discrimination and Equal Opportunity No person shall on the ground of race, color, religion, sex, national origin, age, disability, political affiliation or belief be excluded from participation in, be denied the benefit of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this contract. IV. Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Copeland "Anti -Kickback" Act (40 U.S.C.276a-276a-5; 40 U.S.C. 327 and 40 U.S.C. 26c) and all otherapplicable Federal, state and local laws and regulations pertaining to the labor standards insofar as those acts apply to the performance of this contract. V. Reporting and Patent Ritahts Contractor shall abide by all requirements and regulations pertaining to the reporting and patent rights involving research, developmental experimental, or demonstration work, with respect to any discovery or invention which arises or is developed in the course of satisfying the terms of this agreement. VI. Indemnity and Release Contractor shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and City's representative officers, employees, elected officials and agents, from and against any and all losses, damages, claims or liabilities of any kind or nature, which arise directly or indirectly, or are related to, in any way, manner or form, the activities contemplated hereunder. VII. Conflict of Interest and Nepotism. Contractor covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this contract. Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed by contractor. No person (1) Who is an employee, agent, consultant, officer, or official of the contractor and who exercises or has exercised any functions or responsibilities with respect to assisted contract activities; or (2) Who is in a position to participate in a decision making process or gains inside information with regard to such activities may obtain a personal or financial interest or benefit, direct or indirect, in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have familiar or business ties, during their tenure. Contractor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. VIII. Sectarian Activity Contractor shall ensure that no funds under this contractor are used, either directly or indirectly, in the support of any religious or anti -religious activity, workshop or instruction. XI. Prohibit Political Activity and Lobbying None of the funds provided under this contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of Contractor from furnishing to any member of its governing body upon request, or to any other local or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initializing the action to immediate dismissal from employment. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive or judicial branches of government of Contractor, State of Texas, or the government of the United States. None of the funds provided under this contract shall be paid to any official or employee who violates any of the provisions of this section. XII. Prevention of Waste, Fraud and Abuse Contractor shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent, detect, and correct incidents of waste, frauds, and abuse in WAP or CEAP and to provide for the proper and effective management of all program and fiscal activities funded by this contract. Contractor's internal control systems and all transactions and other significant events must be clearly documented and the documentation made readily available to review by department. Contractor shall give City complete access to all of its records, employees, and agent for the purpose of monitoring or investigating the Weatherization / CEAP programs. Contractor shall fully cooperate with the department's efforts to detect, investigate and prevent waste, fraud, and abuse. Contractor shall immediately notify the City of any identified instances of waste, fraud, or abuse. Contractor may not discriminate against any employee or other person who reports a violation of the terms of his contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is made in good faith. XIII. Chances and Amendments Any alterations, additions, or deletions to the terms of this contract which are required by changes in federal law and regulations or stature are automatically incorporated into this contract without written administrative code amendment hereto, and shall become effective on the date designated by such law or regulation. Except as specifically authorized by the agency in writing or otherwise authorized by the terms of this contract and any alterations, additions, or deletions to the terms of this contract shall be amended hereto in writing and executed hereto in writing and executed hereto in writing and executed by both parties to contract. XIV. Legal Authority Contractor represents that it posses the practical ability and the legal authority to enter into this contract, receive and manage the funds authorized by this contract, and to perform the services Contractor has obligated itself to perform under this contract. The person signing this contract on behalf of contractor hereby warrants that he/she has been authorized by Contractor to execute this contract on behalf of Contractor and to bind contractor to all terms herein set forth. XV. Access to Records The Contractor shall furnish and cause each of its subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, State or its agent or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and revisions stated herein. XVI. Records to Maintain Contractor shall maintain all records required by the State of Texas Department of Housing and Community Affairs, and that are pertinent to the activities to be funded under this Contract. Retention Contractor shall retain all records pertinent to expenditures incurred under this Contractor for a period of five (5) years after the termination of all activities funded under this Contract, or after - the resolution of all State and audit findings whichever occurs later. XVII. Clean Air and Clean Water Act The Grantee agrees to comply with the following requirements insofar as they apply to the performance of this contract. Clean Air Act, 42 U.S.C., 701, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251., as amended, 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. XVIII. Non-discrimination No person shall, on the ground of race, color, national origin, or sex be excluded form participation in, be denied from the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1990, or with respect to an otherwise qualified disabled individual as provided in section 04 of the Rehabilitation Act of 1973, shall also comply to any such program or activity. Pa2e IntentionaRy Left Blank I Uj I f__� Hill SPECIFICATIONS Paee IntentionaRy Left Blank if, I 11, LJ Specifications w City of Lubbock Engineering Unpaved Roads Improvements Lubbock, Texas i EDUARDO L ADAME 126153 02 March 2018 I UNPAVED ROADS Rv1PROVEMENTS TABLE OF CONTENTS DIVISION 1- GENERAL REQUIREMENTS 01010 Summary of Work..................................................................................................................... 4 01020 Measurement and Payment........................................................................................................ 5 01027 Application for Payment............................................................................................................ 2 01028 Change Order Procedures.......................................................................................................... 3 01039 Coordination and Meetings........................................................................................................ 2 01140 Work Restrictions...................................................................................................................... 3 01310 Progress Schedules.................................................................................................................... 2 01322 Photographic Documentation..................................................................................................... 2 01330 Submittal Procedures................................................................................................................. 6 01356 Storm Water Pollution Prevention Plan..................................................................................... 4 01400 Quality Requirements................................................................................................................ 5 01555 Barricades, Signs and Traffic Handling..................................................................................... 1 01576 Waste Material Disposal............................................................................................................ 2 01600 Product Requirements................................................................................................................ 3 01700 Contract Closeout...................................................................................................................... 3 DIVISION 2 — SITE WORK 02050 Removal, Demolition and Salvage............................................................................................. 4 02221 Removing Existing Pavements.................................................................................................. 2 02240 Dewatering.................................................................................................................................4 02260 Excavation Support and Protection............................................................................................ 3 02300 Earthwork.................................................................................................................................. 7 02317 Excavation and Backfill for Utilities........................................................................................ 11 02320 Utility Backfill Materials........................................................................................................... 5 02665 Water Piping, Valves and Fittings........................................................................................... 15 DIVISION 3 — CONCRETE 03300 Cast in Place Concrete............................................................................................................. 13 REFERENCES City of Lubbock Public Works Engineering Minimum Design Standards and Specifications. March 2018 TABLE OF CONTENTS TC - 1 I 1, UNPAVED ROADS IMPROVEMENTS SECTION 01010 SUMMARY OF WORK PART1- GENERAL 1.1 SUMMARY A. This section covers the description of the Work to be completed under these Specifications. B. The OWNER is the City of Lubbock. (1) The Owner's Representative is: (a) John Turpin, P.E. Engineering CIP and Design Services Manager Public Works Engineering City of Lubbock O: (806) 775-2342 (2) Engineer of Record is: (a) Eduardo Adame, P.E. Senior Civil Engineer Public Works Engineering City of Lubbock O: (806) 775-2329 (3) The Project Manager is: (a) Adam Nixon, E.I.T. Civil Engineer Associate Public Works Engineering City of Lubbock O: (806) 775-2344 C. Section includes: (1) Definitions (2) Project description (3) Permits and licenses (4) Access to site (5) Contractor's use of the premises (6) Project schedule (7) Security Procedures (8) Coordination requirements (9) Pre -construction meeting March 2018 SUMARRY OF WORK 01010 - 1 (10) Warranty 1.2 DEFINITIONS A. Furnish: To supply products to the project site, including delivering ready for unloading and replacing damaged and rejected products. B. Install: To put products in place in the work ready for the intended use, including unloading, unpacking, handling, storing, assembling, installing, erecting, placing, applying, anchoring, working, finishing, curing, protecting, cleaning, and similar operations. C. Provide: To furnish and install products. D. Indicated: Shown, noted, scheduled, specified, or drawn, somewhere in the contract docu- ments. 1.3 PROJECT DESCRIPTION A. The purpose of this project is to improve caliche dirt roads with asphalt pavement and curb and gutter through various locations around the City and loop dead end water line along North Avenue P to improve water quality and reliability including approximately 2300 feet of 8" PVC water line and eight connections to existing dead end water lines. B. Major work items are: (1) Curb and gutter, asphalt pavement and concrete valley gutters and fillets along N Avenue P, N Avenue N, Wabash Street, Avenue O and Guava Avenue. (2) Provide and install approximately 2300 linear feet of new 8" PVC potable water line. (3) Connecting the eight dead end lines to the new 8" water line. (4) Provide and install four fire hydrants. C. The Contractor shall furnish all labor, equipment, and materials required for the complete construction of the work as shown on the drawings and specified herein. D. All work shall be performed in accordance with the most recent City of Lubbock Design Standards for Water and Sanitary Sewer construction. E. A maximum of 500 feet of trench open at a time. 1.4 Work shall also include restoration or replacement of all removed or damaged pavement, curb, sidewalk, gutter, shrubbery, fence, sod or other disturbed surfaces or structures in a condition equal to that before the work began to the satisfaction of the Engineer. 1.5 PERMITS AND LICENSES A. Contractor shall provide qualifications to the Owner upon request to display evidence of competency and authority to perform required work. B. Contractor shall be responsible for obtaining all required permits. March 2018 SUMARRY OF WORK 01010 - 2 UNPAVED ROADS IMPROVEMENTS C. Contractor shall submit copies of all permits, licenses, and similar permissions obtained, and receipts for fees paid, to the Owner. 1.6 ACCESS TO SITES A. Contractor shall limit access to the site to authorized personnel only. B. Contractor shall adequately barricaded open excavations and construction material and equipment as to prevent unauthorized personnel from accessing. C. The Owner shall locate and designate all manhole access points open and accessible for the work, and provide rights of access to these points. D. Contractor shall coordinate with the City Solid Waste Services to maintain trash pickup schedules when working with in the alley right of way. 1.7 CONTRACTOR'S USE OF THE PREMISES A. The space available to the Contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project, is restricted to the area shown on the site plan of the contract drawings unless the Contractor makes ar- rangements to use additional space with the Owner. B. The contractor shall ensure that any disturbed area is left in a condition equal to or better condition before finishing construction in the area. 1.8 PROJECT SCHEDULE A. The Work summarized above shall be substantially completed within 180 calendar days from the date of the Notice to Proceed. B. There will be a $200.00 per day liquidated damages for each day that exceeds the 60 day limit. C. Within five (5) business days after the date of the Substantial Completion Certificate, the En- gineer shall issue a Final Punch List of items to be corrected prior to Final Completion. . D. Punch list items shall be complete within 30 calendar days from the date of the Final Punch List. There shall be $200 per day liquidated damages assessed for each day that exceeds the 30 day limit. PART 2 - PRODUCTS Not used. March 2018 SUMARRY OF WORK 01010 - 3 UNPAVED ROADS IMPROVEMENTS PART 3 - EXECUTION 3.1 SECURITY PROCEDURES A. Contractor shall limit access to the site to persons involved in the work. B. Contractor shall provide secure storage for materials for which the owner has made payments and which are stored on site. C. Contractor shall secure completed work as required to prevent loss or damage. D. Contractor shall secure sites by means of fencing, security guards, or other means to prevent damage, theft, safety hazards, or other problems on the site. E. The use of security personnel shall be cleared with the Owner. 3.2 COORDINATION REQUIREMENTS A. Contractor shall inform the Owner when coordination of the work is required. B. If necessary, inform each party involved, in writing, of procedures required for coordination; include requirements for giving notice, submitting reports, and attending meetings. C. Coordinate shop drawings prepared by separate entities. D. Show installation sequence when necessary for proper installation. 3.3 PRE -CONSTRUCTION MEETING A. A pre -construction meeting will be held at City Hall within ten (10) days of the date of Notice to Proceed and prior to any construction taking place. 3.4 WARRANTY A. Contractor shall warrant 100% of the project for one (1) year after the date of substantial ac- ceptance of the work. B. On the eleventh (11) month from the date of final acceptance, an Owner's representative will schedule an inspection with the presence of the Contractor to inspect for defects and assess- ment of the work performed. C. Any work that is considered defective by the Owner's representative will be repaired. D. The Contractor shall remedy any defects in workmanship, and pay for any and all damages of any nature whatsoever resulting in defects at no cost to the Owner. j END OF SECTION March 2018 SUMARRY OF WORK 01010 - 4 i UNPAVED ROADS IMPROVEMENTS SECTION 01020 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.1 SCOPE A. The following sections shall be used to define measurements and payments for this project. The unit price bid on each item as stated in the bid proposal shall include furnishing all labor, superintendence, machinery, equipment, and materials except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. Only those items indicated on bid documents and plan sheets will be included for construction and payment. 1.2 MOBILIZATION A. The cost for mobilization shall be limited to no more than 5% of the Contract amount for construction items (materials and labor) bid for this project. B. Mobilization shall include costs associated with move -in related equipment and labor, bid bond, performance and construction bonds and insurance related for this project. This would include the establishment and removal of offices, plants and facilities, movement of personnel, equipment, and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items. This Item will be measured by the lump sum as the work progresses. C. Payment. Partial payments of the lump sum bid for mobilization will be as follows. The - adjusted Contract amount for construction Items as used below is defined as the total Contract amount less the lump sum for mobilization. (1) The project has three (3) major locations, Avenue P, Avenue O and Guava Avenue. Once the contractor has fully mobilize and work has been started at each location, 30% of the mobilization lump sum bid will be paid per location. (2) Payment for the remainder of the lump sum bid for "Mobilization" will be made on the final estimate after final acceptance of the project. 1.3 STORM WATER POLLUTION PREVENTION PLAN Payment will be made on a lump sum basis for the Storm Water Pollution Prevention Plan. Partial payment will be made on a pro-rata basis as a percentage of the construction contract duration. The sum of the partial payments made for storm water pollution prevention shall not exceed 90% of the lump sum price bid for storm water pollution prevention prior to the termination of the construction contract. No partial payment will be made for partial storm water pollution prevention measures. Payment shall not be made for this item where the Owner determines a lack of evidence that storm water pollution prevention measures were used, or that the measures installed do not meet the requirements of the plan. No additional payments will be allowed where storm water pollution prevention is required because of work being remedied due to not meeting the requirements of the plans and specifications. The unit price bid shall include furnishing and installing all materials, filing Notice of Intent/Termination forms, inspections, maintenance, silt fences, hay bales, sand bags, March 2018 MEASUREMENT AND PAYMENT 01020 - 1 101219F."\T/ 0 D7 Z67\ Il LVA I w� Z�1 ' u I ► 9 r diversion swales and any other measure and/or incidentals required for compliance with NPDES Permit. 1.4 ASPHALT REMOVAL A. Measurement will be made of the area, in square yards, of existing pavement structure asphalt actually removed. Existing pavement structure will be considered all layers of material between existing roadway surface and top of existing subgrade. Payment will be made at the unit price bid per square yard of existing asphalt pavement structure removed. The Contractor shall ensure that the Owner has the opportunity to measure the square yards of pavement surface prior to removal. If pavement surface is removed without measurement by the Owner, no payment will be made for that removal. The unit price bid shall include sawing, separating for salvage, legal disposal, labor and equipment, and any incidental asphalt paving repair. 1.5 CONCRETE REMOVAL A. Measurement will be made of the area, in square yards, of existing concrete pavement, valley gutters, foundations, sidewalks, driveways, curb and gutter and other appurtenances actually removed. Existing concrete pavement and valley gutters will be considered all layers of material between existing roadway surface and top of existing subgrade. Payment will be made at the unit price bid per square yard of concrete removed. The contractor shall ensure that the Owner has the opportunity to measure the square yards of concrete prior to removal. If concrete is removed without measurement by the Owner, no payment will be made for that removal. The unit price bid shall include sawing, separating for salvage, legal disposal, labor and equipment, and any incidental concrete repair. B. Removal and relocation of miscellaneous items such as street signs as indicated on the plans shall be considered subsidiary to this item and will not be paid for directly. 1.6 24" COL TYPE A CURB AND GUTTER A. Measurement will be made of the linear feet of curb and gutter actually constructed. Curb and gutter will be paid for at the unit price bid per linear foot. The unit price bid shall include furnishing and installing all materials, forming, finishing, jointing, and all incidentals necessary to complete the work. B. Removal, replacement and relocation of mailboxes as indicated on the plans shall be considered subsidiary to this bid item and will not be paid for directly. 3 1.7 24" COL TYPE B CURB AND GUTTER A. Measurement will be made of the linear feet of curb and gutter actually constructed. Curb and gutter will be paid for at the unit price bid per linear foot. The unit price bid shall include furnishing and installing all materials, forming, finishing, jointing, and all incidentals necessary to complete the work. B. 5 foot curb and gutter transitions as shown in the plans will be paid as Type B Curb and Gutter. C. Removal, replacement and relocation of mailboxes as indicated on the plans shall be considered subsidiary to this bid item and will not be paid for directly. 1.8 2" HMAC COL TYPE C A. Measurement will be made of the area, in square yards, of hot mix asphalt pavement actually f constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all pavement structure layers including subgrade March 2018 MEASUREMENT AND PAYMENT 01020 - 2 F UNPAVED ROADS IMPROVEMENTS __, densification and caliche base according to City of Lubbock standards, tack and prime coats, compaction, testing and all incidentals necessary to complete the work. B. All excavation and embankment needed to construct the roadway improvements to grade will be subsidiary to this item. C. Any unsuitable material shall be removed and replaced by the contractor will be subsidiary to this bid item. 1.9 2" HMAC COL TYPE D A. Measurement will be made of the area, in square yards, of hot mix asphalt pavement actually constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all pavement structure layers including subgrade densification and caliche base according to City of Lubbock standards, tack and prime coats, compaction, testing and all incidentals necessary to complete the work. B. All excavation and embankment needed to construct the roadway improvements to grade will be subsidiary to this item. Any unsuitable material shall be removed and replaced by the contractor will be subsidiary to this bid item. 1.10 6" CONCRETE VALLEY GUTTER AND FILLETS A. Measurement will be made of the area, in square yards, of fillets and valley gutters actually constructed. Fillets and valley gutters will be paid for at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, jointing, utility valve adjustments and all incidentals necessary to complete the work. 1.11 6" CONCRETE ALLEY RETURNS AND DRIVEWAYS A. Measurement will be made of the area, in square yards, of Concrete alley returns and driveways actually constructed. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, jointing, and all incidentals necessary to complete the work. -- 1.12 FLOWABLE FILL A. Measurement will be made of the volume, in cubic yards, of flowable fill actually installed. The price is full compensation for all labor, equipment, and incidentals required to complete the work. 1.13 MANHOLE AND VALVE BOXES ADJUSTMENT A. A count will be made of manholes and valve boxes of various type and sizes to be adjusted. These structures will be paid for at the unit bid price per each manhole and valve box adjusted. This price is full compensation for all materials, backfill as required, excavation, _ tools, equipment, labor and incidentals per each manhole adjusted. 1.14 8" C-900 DR-18 PVC WATER PIPE BY OPEN CUT A. Measurement will be made of the length, per linear foot, of the water line actually installed. Payment will be made at the unit price bid per linear foot. The work performed and materials furnished will be paid at the unit price per linear foot of water main installed. The Unit price shall be complete compensation for pipe material and labor, excavation, bedding, water main installation, embedment, backfill, density controlled compaction, disposal of spoils and all incidentals necessary to complete the work. March 2018 MEASUREMENT AND PAYMENT 01020 - 3 k.. UNPAVED ROADS IMPROVEMENTS I 1.15 6" C-900 DR-18 PVC WATER PIPE BY OPEN CUT A. Measurement will be made of the length, per linear foot, of the water line actually installed. Payment will be made at the unit price bid per linear foot. The work performed and materials furnished will be paid at the unit price per linear foot of water main installed. The Unit price shall be complete compensation for pipe material and labor, excavation, bedding, water main installation, embedment, backfill, density controlled compaction, disposal of spoils and all incidentals necessary to complete the work. 1.16 4" C-900 DR-18 PVC WATER PIPE BY OPEN CUT A. Measurement will be made of the length, per linear foot, of the water line actually installed. Payment will be made at the unit price bid per linear foot. The work performed and materials furnished will be paid at the unit price per linear foot of water main installed. The Unit price shall be complete compensation for pipe material and labor, excavation, bedding, water main installation, embedment, backfill, density controlled compaction, disposal of spoils and all incidentals necessary to complete the work. 1.17 8" GATE VALVE AND BOX A. Payment will be made at the unit price per each gate valve and box installed. This price is full compensation for furnishing and installing gate valves, valve boxes, including all equipment, t tools, labor and all incidental required to complete the work in accordance with City of } Lubbock Public Works Engineering Minimum Design Standards and Specifications. 1.18 6" GATE VALVE AND BOX A. Payment will be made at the unit price per each gate valve and box installed. This price is full compensation for furnishing and installing gate valves, valve boxes, including all equipment, T" tools, labor and all incidental required to complete the work in accordance with City of Lubbock Public Works Engineering Minimum Design Standards and Specifications. 1.19 4" GATE VALVE AND BOX A. Payment will be made at the unit price per each gate valve and box installed. This price is full compensation for furnishing and installing gate valves, valve boxes, including all equipment, tools, labor and all incidental required to complete the work in accordance with City of Lubbock Public Works Engineering Minimum Design Standards and Specifications. t - l 1.20 DUCTILE IRON FITTINGS A. Payment will be made at the unit price per pounds. The unit price bid shall include furnishing _ and installing all materials, and all incidentals necessary to install required ductile iron fittings, including joint -restraint fittings complete in place. 1.21 FIRE HYDRANT ASSEMBLY �L -' A. Payment will be made at the unit price per fire hydrant assembly installed. This price is full , compensation for furnishing and installing fire hydrant, including all equipment, tools, labor and all incidentals necessary to perform the work. PART 2-PRODUCTS Not Used March 2018 MEASUREMENT AND PAYMENT 01020 - 4 UNPAVED ROADS IMPROVEMENTS PART 3 - EXECUTION Not Used END OF SECTION March 2018 MEASUREMENT AND PAYMENT 01020 - 5 No Text UNPAVED ROADS IMPROVEMENTS r _- SECTION 01027 APPLICATIONS FOR PAYMENT ' PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. Procedures for preparation and submittal of Applications for Payment. 1.3 RELATED SECTIONS A. Agreement: Contract Sum/Price and unit prices. B. General Conditions: Progress Payments and Final Payment. C. Section 01020 — Measurement and Payment. D. Section 01028 - Change Order Procedures: Procedures for changes to the Work. E. Section 01330 - Submittal Procedures. F. Section 01700 - Contract Closeout. 1.4 FORMAT A. EJCDC No. 1910-8-E - Application for Payment including continuation sheets when required, or Owner forms, or Owner -approved form of the Contractor. B. For each item, provide a column for listing: Item Number; Description of work; Scheduled Value, Previous Applications; Work in Place; Authorized Change Orders; Total Completed; Percentage of Completion; Balance to Finish; and Retainage. 1.5 PREPARATION OF APPLICATIONS A. Present required information in typewritten form or computer generated Excel Spreadsheet. B. Execute certification by signature of authorized officer. C. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. D. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item of Work. E. Prepare Application for Final Payment as specified in Section 01700. 1.6 SUBMITTAL PROCEDURES A. Submit two (2) copies of each Application for Payment. B. Submit an updated construction schedule, materials received, and manifest with each Application for Payment. Payment will not be made until an up-to-date schedule is received. C. Payment Period: Monthly, submit application for payment on or about the 101' day of each month. D. Submit the following along with the application for final payment: (1) The documentation for the completed project. March 2018 APPLICATIONS FOR PAYMENTS 01027 - 1 0 UNPAVED ROADS IMPROVEMENTS (2) Signed affidavit from a Notary Public that all claims on this job have been settled and that all bills owed by the Contractor for the project including materials and labor have been paid. (3) One (1) year Contractor Warranty for work performed, signed and sealed by a Notary Public. 1.7 SUBSTANTIATING DATA A. When Engineer requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION March 2018 APPLICATIONS FOR PAYMENTS 01027 - 2 UNPAVED ROADS IMPROVEMENTS SECTION 01028 CHANGE ORDER PROCEDURES PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. Submittals. B. Documentation of change in Contract Sum/Price and Contract Time. C. Change procedures. D. Stipulated Price change order. E. Unit price change order. F. Time and material change order. G. Execution of change orders. H. Correlation of Contractor submittals. 1.3 RELATED SECTIONS A. Section 01027 -Applications for Payment. B. Section 01330 -Submittal Procedures. C. Section 01600 -Product Requirements. D. Section 01700 - Contract Closeout. 1.4 SUBMITTALS r- A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. B. Change Order Forms: EJCDC 1910-8-B Change Order, Owner's form, or other form approved by Owner. 1.5 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. Provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. March 2018 CHANGE ORDER PROCEDURES 01028 - 1 UNPAVED ROADS IMPROVEMENTS 5. Credit for deletions from Contract, similarly documented. 6. If subcontracted, provide subcontractor documentation according to General Contract - Conditions and this specification. Show Contractor markup on subcontractor changes. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. Show Contractor markup on subcontractor work. 1.6 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract j Sum/Price or Contract Time as authorized by the Contract by issuing supplemental instructions by letter. B. The Engineer may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications and a change in Contract Time for executing the change. Contractor will prepare and submit an estimate within 7 days. C. The Contractor may propose a change by submitting a request for change to the Engineer, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. Document any requested substitutions in accordance with Section 01600. 1.7 CONSTRUCTION CHANGE AUTHORIZATION A. Engineer may issue a document, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum/Price or Contract Time. C. Promptly execute the change in Work. 1.8 STIPULATED PRICE CHANGE ORDER A. Based on Proposal Request and Contractor's maximum price quotation or Contractor's request for a Change Order as approved by Engineer. 1.9 UNIT PRICE CHANGE ORDER A. For pre -determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Construction Change Authorization. C. Changes in Contract Sum/Price or Contract Time will be computed as specified for Time and Material Change Order. March 2018 CHANGE ORDER PROCEDURES 01028 - 2 t UNPAVED ROADS IMPROVEMENTS 1.10 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B. Engineer will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE ORDERS A. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum/Price. B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION March 2018 CHANGE ORDER PROCEDURES 01028 - 3 r f: UNPAVED ROADS IMPROVEMENTS SECTION 01039 COORDINATION AND MEETINGS PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. Coordination. B. Preconstruction meeting. C. Progress meetings. 1.3 COORDINATION A. Coordinate scheduling, submittals, and work of the various Sections of the Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion. C. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.4 PRECONSTRUCTION MEETING A. Engineer will schedule a meeting with the required attendees. B. Attendance Required: Owner, Engineer, Contractor and major Subcontractors. C. Agenda: 1. Distribution of executed Contract Documents. 2. Submission of list of Subcontractors, list of products and progress schedule. 3. Designation of personnel representing the parties in Contract and the Engineer. 4. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. 5. Schedules. 6. Scheduling activities of construction testing lab. 7. Use of premises by Owner and Contractor. 8. Owner's requirements. 9. Construction facilities and controls provided by Owner. 10. Survey layout. 11. Security and housekeeping procedures. 12. Procedures for testing. 13. Procedures for maintaining record documents. March 2018 COORDINATION AND MEETINGS 01039 - 1 UNPAVED ROADS IMPROVEMENTS 14. Inspection and acceptance of equipment or improvements put into service during construction period. 15. Other items as deemed necessary by Owner or Engineer. D. Engineer will record minutes and distribute copies to participants. 1.5 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at maximum bi-weekly intervals. B. Engineer will make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. E. Engineer will record minutes and distribute copies to participants. PART 2 - PRODUCTS Not Used PART 3-EXECUTION Not Used END OF SECTION i t March 2018 COORDINATION AND MEETINGS 01039 - 2 UNPAVED ROADS IMPROVEMENTS SECTION 01140 _. WORK RESTRICTIONS PART t - GENERAL 1.1 RELATED DOCUMENTS _} A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. Use of premises. (y" B. Special scheduling requirements. (' C. Working period. r ' D. Noise restrictions. E. Advance notice. F. Water for construction. 1.3 USE OF PREMISES A. Use of Site: Limit use of premises to work within defined right-of-way and easements shown on the plans. Do not disturb portions of site beyond areas in which the Work is indicated. 1. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to employees and emergency vehicles at all times, except when construction is immediately at that vicinity. Do not use these areas for parking or storage of materials. a. Schedule construction to minimize obstruction of driveways and entrances. 1.4 SPECIAL SCHEDULING REQUIREMENTS A. Have materials, equipment, and personnel required to perform the work at the site prior to the commencement of the work. B. Permission to interrupt any utility service shall be requested in writing a minimum of 14 calendar days prior to the desired date of interruption. C. The work under this contract requires special attention to the scheduling and conduct of the work in connection with existing operations. Identify on the construction schedule each factor which constitutes a potential interruption to operations. 1.5 WORKING PERIOD A. Working Hours - Regular working hours shall be within an 11 hour period between 7:00 a.m. and 6:00 p.m., Monday through Friday, and an eight hour period between 9:00 a.m. and 5:00 p.m. on Saturday. Saturday work shall be restricted to those activities that do not require observation by the Owner. The Owner reserves the right, at the Owner's discretion, to not allow work when it interferes with holiday times and traffic. No work shall be performed on the following holiday periods or days: 1. New Year's Day (observed) 2. Martin Luther King Day (Observed) March 2018 WORK RESTRICTIONS 01140 - 1 UNPAVED ROADS IMPROVEMENTS 3. Good Friday (Observed) 4. Memorial Day Holiday (observed) 5. Independence Day Holiday (observed) 6. Labor Day Holiday (observed) 7. Thanksgiving Day Holiday plus the Friday following Thanksgiving Day (Observed). 8. Christmas Eve and Christmas Day (Observed). B. Work Outside Regular Hours - Work outside regular working hours requires Owner's approval. Make application 7 Calendar days prior to such work to allow arrangements to be made by the Owner for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. Based on the justification provided, the Owner may approve work outside regular hours. During periods of darkness, the different parts of the work shall be lighted in a manner approved by the Owner. Lighting shall be such that it does not cause nuisance conditions. C. The drawings contain specific requirements that affect certain areas of the work. 1.6 NOISE RESTRICTIONS A. 75 dB limit at face of nearest structure during normal daylight hours. B. 65 dB limit at face of nearest structure during evening and nighttime hours in or near residential areas and for 24-hour working conditions that have received Owner approval. Evening and nighttime hours shall be defined as 6:00 p.m. to 7:00 a.m. C. Contractor shall keep on site OSHA -approved hand portable sound measurement equipment for both the Owner's and the Contractor's use for measuring noise levels. 1.7 ADVANCE NOTICE A. Contractor shall provide a minimum of five business days advance written notice of construction to businesses and residences along the construction route. 1. The advance written notice shall be in the form of a single -page flyer to be placed by hand by the Contractor's forces in mailboxes, door handles or handed to applicable individuals at each route building. 2. The text for the advance written notice will be provided by the Owner in written form and electronic form. 3. Reproduction shall be at the Contractor's expense. 4. Distribution shall be at the Contractor's expense. 5. Single -page flyers shall be of a paper or post -card color other than white to direct the recipient's attention to the information. 6. The text shall contain the anticipated beginning date of inconvenience to the recipient and the anticipated duration of that inconvenience. 7. The dates shall encompass the duration of driveway inconveniences and potential noise to the recipients on a single city block (i.e., the dates and durations shall reflect the time that the city block of interest will be affected by non-trafficability). B. Prior to closing any street or thoroughfare for any length of time, the Contractor shall notify t the following a minimum of 5 business days in advance: March 2018 WORK RESTRICTIONS 01140 - 2 UNPAVED ROADS IMPROVEMENTS 1. All Emergency Services - Fire, Police, EMS 2. City of Lubbock Solid Waste Department 3. Lubbock Independent School District 4. Durham Transportation 5. TxDOT 6. Lubbock Avalanche Journal 7. Press release for local radio and television stations i 1.8 WATER FOR CONSTRUCTION A. Obtaining water for construction is Contractor's sole responsibility. B. Water is available from the p Y h' potable waters stem of the City of Lubbock for construction purposes. The Contractor is responsible for all charges and arrangements for water consumption from the potable water system. The Contractor shall make such arrangements directly with the City of Lubbock Water Utilities Department. The City will not furnish potable water free of charge for the construction work. Contractor is responsible for any required metering and hauling. C. Water from park area lakes shall not be used for construction. D. This section does not preclude Contractor from seeking other water sources for use in construction. Such water sources shall meet the purity requirements for the intended use. Such arrangements for water from other sources are the responsibility of the Contractor. PART 2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 WORK AREA LIMITS A. Prior to any construction, the Contractor shall mark the areas that need not be disturbed under this contract. Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. The Contractor's personnel shall be knowledgeable of the purpose for marking and/or protecting particular objects. END OF SECTION March 2018 WORK RESTRICTIONS 01140 - 3 l_ No Text i. UNPAVED ROADS IMPROVEMENTS SECTION 01310 PROGRESS SCHEDULES -' PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. Format. B. Content. C. Revisions to schedules. D. Submittals. E. Distribution. 1.3 RELATED SECTIONS A. Section 01027 -Applications for Payment. B. Section 01330 - Submittal Procedures. 1.4 FORMAT A. Sequence of Listings: The chronological order of the start of each item of Work. B. Scale and Spacing: To provide space for notations and revisions. C. Sheet Size: Minimum 8 1/2 x 11 inches. D. Maintain monthly updates to schedule. 1.5 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify each item by specification Section number. C. Provide sub -schedules to define critical portions of the entire Schedule. D. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. E. Provide separate schedule of submittal dates for shop drawings, product data, samples, and dates reviewed submittals will be required from Engineer. 1.6 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. March 2018 PROGRESS SCHEDULES 01310 - 1 UNPAVED ROADS IMPROVEMENTS 1.7 SUBMITTALS A. Submit initial Schedules within 10 days after date established in Notice to Proceed. After review, resubmit required revised data within 10 days. B. Submit revised Progress Schedules with each Application for Payment. C. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. 1.8 DISTRIBUTION A. Distribute copies of reviewed Schedules to Engineer's project file, Subcontractors, suppliers, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION March 2018 PROGRESS SCHEDULES 01310 - 2 UNPAVED ROADS RvIPROVEMENTS SECTION 01322 PHOTOGRAPHIC DOCUMENTATION PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. This Section includes administrative and procedural requirements for the following: 1. Preconstruction photographs. 2. Periodic construction photographs. 3. Preconstruction videotapes. 4. Periodic construction videotapes. 1.3 RELATED SECTIONS A. Section 01330 -Submittal Procedures for submitting construction photographs. 1.4 SUBMITTALS A. Submit two (2) complete sets of preconstruction photographs or videotape to Engineer. All three sets will be retained by the Owner and the Engineer. 1. Identification: On back of each print, videotape, or CD, provide an applied label or rubber-stamped impression with the following information: a. Name of Project. b. Name and address of photographer. r, c. Name of Engineer. d. Name of Contractor. e. Date photograph was taken. f. Description of vantage point, indicating location, direction (by compass point), and elevation or story of construction. 2. Digital Images: Submit a complete set of digital image electronic files with each submittal of prints. Identify electronic media with date photographs were taken. Submit images that have the same aspect ratio as the sensor, uncropped. PART2-PRODUCTS Not Used March 2018 PHOTOGRAPHIC DOCUMENTATION 01322 - 1 t. 3 M - UNPAVED ROADS IMPROVEMENTS f PART 3 - EXECUTION 3.1 PHOTOGRAPHS, GENERAL A. Field Office Prints: Retain one set of prints of preconstruction photographs in the field office at Project site, available at all times for reference. Identify photographs the same as for those submitted to Engineer. 3.2 CONSTRUCTION PHOTOGRAPHS A. Preconstruction Photographs: Before starting construction, take color photographs of Project site and surrounding properties from different vantage points, or as directed by Engineer. 1. Take photographs to show existing conditions adjacent to the property before starting the Work. 2. Take photographs of existing structures either on or adjoining the property to accurately record the physical conditions at the start of construction. B. Periodic Construction Photographs: As needed to document damage either directly related to or inadvertently related to the Contractor's operations, photograph the area in question and provide to Engineer. 3.3 CONSTRUCTION VIDEOS, GENERAL A. Narration: Describe scenes on video by audio narration by microphone while video is recorded. Include description of items being viewed, recent events, and planned activities. Describe vantage point, indicating location, and direction (by compass point). 3.4 CONSTRUCTION VIDEOS A. Preconstruction Video: Before starting construction, record video of Project site and surrounding properties from different vantage points, or as directed by Engineer. 1. Show existing conditions on and adjacent to Project site before starting the Work. 2. Show existing structures either on or adjoining Project site to accurately record the physical conditions at the start of construction. 3. Existing condition videos shall cover the entire project route. ) 4. Show protection efforts by Contractor. B. Periodic Construction Documentation: As needed to document damage either directly related to or indirectly related to the Contractor's operations, video the area in question and provide to Engineer. END OF SECTION March 2018 PHOTOGRAPHIC DOCUMENTATION 01322 - 2 UNPAVED ROADS IMTROVEMENTS SECTION 01330 SUBMITTAL PROCEDURES PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SUMARRY A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous submittals. 1.3 DEFINITIONS A. Action Submittals: Written and graphic information that requires Owner's or Engineer's responsive action. Submittals may be rejected for not complying with requirements. B. Informational Submittals: Written information that does not require Owner's or Engineer's approval. Submittals may be rejected for not complying with requirements. 1.4 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. (1) Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. (2) Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Owner and Engineer reserve the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. B. Submittals Schedule: Comply with requirements in Section 01310 "Progress Schedules" for list of submittals and time requirements for scheduled performance of related construction activities. C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Owner's or Engineer's receipt of submittal. (1) Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. Owner or Engineer will advise Contractor when a submittal being processed must be delayed for coordination. (2) If more than five submittals are transmitted for review within any five-day period, the time allowed for review will be increased to 21 days. (3) Concurrent Review: Where concurrent review of submittals by Engineer's consultants, Owner, or other parties is required, allow 21 days for initial review of each submittal. (4) If intermediate submittal is necessary, process it in same manner as initial submittal. (5) Allow 15 days for processing each resubmittal. Each resubmittal will count toward the submittal count in any five-day period in paragraph 1.4.C.2 above. March 2018 SUBMITTAL PROCEDURES 01330 - 1 (6) No extension of the Contract Time will be authorized because of failure to transmit submittals sufficiently in advance of the Work to permit processing. D. Format (1) Submit all submittals digitally using .PDF file extension. Each submittal shall be a single .PDF file including transmittal letter. Multiple files for the same submittal will not be accepted. (2) Submittals in any other format, including .ZIP files, will be rejected. (3) Hard copies will not be accepted. (4) To ensure each page is legible, .PDF pages of drawings shall be the same size/scale as a hard copy. Where applicable, scale symbols should be provided to indicate scale. Illegible submittals will be rejected. E. Identification: Place a permanent label or title block on each submittal for identification. (1) Indicate name of firm or entity that prepared each submittal on label or title block. (2) Provide a space approximately 4 x 8 inches on label or beside title block to record Contractor's review and approval markings and action taken by Owner or Engineer. (3) Include the following information on label for processing and recording action taken: a. Project name. b. Date. c. Name and address of Owner. d. Name and address of Contractor. e. Name and address of subcontractor. f. Name and address of supplier. g. Name of manufacturer, if different than supplier. h. Unique identifier, including revision number. i. Number and title of appropriate Specification Section. j. Drawing number and detail references, as appropriate. k. Other necessary identification. F. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract Documents on submittals. G. Additional Copies: Submit five copies to Owner or Engineer. Submit additional copies if required by Contractor for his work. Unless additional copies are required for final submittal, and unless Owner or Engineer observes noncompliance with provisions of the Contract Documents, initial submittal may serve as final submittal if approved by Owner or Engineer. H. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a consecutively numbered transmittal form. Owner and/or Engineer will discard submittals received from sources other than Contractor. (1) On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Owner or Engineer on previous submittals, and deviations from requirements of the Contract Documents, March 2018 SUBMITTAL PROCEDURES 01330 - 2 UNPAVED ROADS IMPROVEMENTS including minor variations and limitations. Include the same label information as the related submittal. (2) Include Contractor's certification stating that information submitted complies with requirements of the Contract Documents. (3) Transmittal Form: Use Contractor's business transmittal form. Provide locations on form for the following information: a. Project name. b. Date. c. Submittal number. d. Destination (To:). e. Source (From:). f. Names of subcontractor, manufacturer, and supplier. g. Category and type of submittal. h. Submittal purpose and description. i. Submittal and transmittal distribution record. j. Remarks. k. Signature of transmitter. I. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. J. Use for Construction: Use only final submittals with mark indicating action taken by Owner or Engineer in connection with construction. PART 2 - PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. (1), Number of Copies: Submit five copies of each submittal, unless otherwise indicated. The five copies will be retained by the Owner or Engineer. Any additional copies that the Contractor may need for his operations will be in addition to the five copies required. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. (1) If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings. (2) Mark each copy of each submittal to show which products and options are applicable. (3) Include the following information, as applicable: a. Manufacturer's product specifications. b. Manufacturer's installation instructions. c. Standard color charts. March 2018 SUBMITTAL PROCEDURES 01330 - 3 UNPAVED ROADS IMPROVEMENTS d. Manufacturer's catalog cuts. e. Printed performance curves. r- f. Compliance with recognized testing agency standards. g. Application of testing agency labels and seals. h. Notation of coordination requirements. C. Shop Drawings: Prepare Project -specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. (1) Preparation: Include the following information, as applicable: a. Dimensions. b. Identification of products. 1 c. Fabrication and installation drawings._ d. Schedules. r e. Design calculations. f. Compliance with specified standards. _s g. Notation of coordination requirements. h. Notation of dimensions established by field measurement. (2) Sheet Size: Submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger J than 11 x 17 inches. (3) Number of Copies: Submit five copies of each shop drawing submittal. Owner and Engineer will retain all five copies. 2.2 INFORMATIONAL SUBMITTALS _j A. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a ; product or equipment. Include name of product and name, address, and telephone number of manufacturer. Include the following, as applicable: (1) Preparation of substrates. (2) Required substrate tolerances. (3) Sequence of installation or erection. 1-k (4) Required installation tolerances.__1 (5) Required adjustments. i (6) Recommendations for cleaning and protection. B. Manufacturer's Field Reports: Prepare written information documenting factory -authorized service representative's tests and inspections. Include the following, as applicable: ' (1) Name, address, and telephone number of factory -authorized service representative making report. (2) Statement on condition of substrates and their acceptability for installation of product. (3) Statement that products at Project site comply with requirements. li March 2018 SUBMITTAL PROCEDURES 01330 - 4 �. (4) Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. (5) Results of operational and other tests and a statement of whether observed performance complies with requirements. (6) Statement whether conditions, products, and installation will affect warranty. (7) Other required items indicated in individual Specification Sections. C. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. D. Construction Videotapes: Comply with requirements in Section 01322 - Photographic Documentation. . 9 PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Owner or Engineer. B. Approval Stamp: Stamp each submittal with a uniform approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 OWNER'S AND ENGINEER'S ACTION A. General: Owner or Engineer will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Owner or Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. Owner or Engineer will provide an action review sheet and will mark appropriately to indicate action to be taken, as follows: (1) No exception taken. (2) Make corrections noted. (3) Revise and resubmit. (4) Rejected. (5) The submittal review by the Engineer indicates that the Engineer checked for: a. General conformance with the design concept of the project and general compliance with the information given in the contract documents. Any action shown is subject to the requirements of the plans and specifications. Contractor is responsible for confirming and correlating all quantities and dimensions; selecting fabrication processes and techniques of construction; and performing his work in a satisfactory manner. C. Informational Submittals: Owner or Engineer will review each submittal and will not return it, or will reject and return it if it does not comply with requirements. D. Submittals not required by the Contract Documents will not be reviewed and may be discarded. March 2018 SUBMITTAL PROCEDURES 01330 - 5 CiL17\il0i7 7,11Dy113 END OF SECTION March 2018 SUBMITTAL PROCEDURES 01330 - 6 UNPAVED ROADS IMPROVEMENTS SECTION 01356 STORM WATER POLLUTION PREVENTION PLAN (SWP3) PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 GENERAL A. The Contractor shall implement the Storm Water Pollution Prevention measures specified in the Storm Water Pollution Prevention Plan (SWP3) in a manner which will meet the requirements of the Texas Pollution Discharge Elimination System (TPDES) General Permit No. TXR150000. The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, failure to adequately implement and adjust the storm water pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or any other fines or penalties assessed by TCEQ or EPA for failure to comply with any part of the permit requirements. The Contractor shall submit a Notice of Intent and a Notice of Termination independently of the Owner. B. The document provided in the plans is to serve as a skeleton for the Storm Water Pollution Prevention Plan and is provided only as a convenience to the Contractor. It is the Contractor's responsibility to ensure that his Storm Water Pollution Prevention Plan is in full compliance with the TPDES permit. The Contractor shall modify the document as necessary to show implementation plans, dates of construction activities, best management practices, inspection reports, and any other information pertinent to the plan or otherwise required to ensure that the plan remains in compliance with permit. C. Fines levied against the Owner by the TCEQ for the Contractor's failure to comply with and maintain the SWP3 shall be paid by the Contractor. D. Storm water must be adequately routed during construction operations in the same general direction as currently occurs. 1.3 EROSION AND SEDIMENT CONTROLS A. General 1. Structural measures shall be implemented to divert flows from exposed soils, temporarily store flows, or otherwise limit run-off and the discharge of pollutants from exposed areas of the site. Structural practices shall be implemented as specified in the SWP3 and in a timely manner during the construction process to minimize erosion and sediment run-off. B. Stabilized Ingress/Egress Stabilized access to and from the construction site shall be installed as soon as practical and in accordance with the SWP3. March 2018 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 1 UNPAVED ROADS IMPROVEMENTS 2. In all cases, Contractor shall ensure that any soil tracked off -site is cleaned from existing roads, alleys, and any adjacent properties as soon as possible. The Contractor or other responsible party shall check for any pollutants (mud, silt, sand, cement, construction materials, etc.) tracked or washed off -site and perform necessary clean-up measures at the end of each work day. C. Silt Fences/Diversion Berms 1. The Contractor shall provide silt fences and/or diversion berms as a temporary structural practice to minimize erosion and sediment runoff. Silt fences and/or diversion berms shall be properly installed to effectively retain sediment immediately after completing each phase of work where erosion would occur in the form of sheet and rill erosion (e.g. clearing and grubbing, excavation, embankment, and grading). D. Sand/Gravel Bags 1. The Contractor may provide sand/gravel bags as a temporary structural practice to minimize erosion and sediment runoff. Bags shall be properly placed to effectively retain sediment immediately after completing each phase of work (e.g., clearing and grubbing, excavation, embankment, and grading) in each independent runoff area (e.g., after clearing and grubbing in an area between a ridge and drain, bags shall be placed as work progresses, bags shall be removed/replaced/relocated as needed for work to progress in the drainage area). Sand/gravel bags must remain in good condition, or they shall be replaced. E. Site Stabilization 1. Contractor shall disturb the least amount of site area as possible. 2. Stabilization measures may include, but are not limited to, any of the following measures: a. Temporary or permanent seeding or sodding. b. Mulching. C. Geotextiles. d. Vegetative buffer strips. e. Paving. 3. Stabilization measures shall be implemented in accordance with the SWP3. PART2-PRODUCTS 2.1 COMPONENTS FOR SILT FENCES A. Filter Fabric 1. The geotextile shall comply with the requirements of ASTM D 4439, and shall consist of polymeric filaments which are formed into a stable network such that filaments retain their relative positions. The filament shall consist of a long -chain synthetic polymer composed of at least 85 percent by weight of ester, propylene, or amide, and shall contain stabilizers and/or inhibitors added to the base plastic to make the filaments resistant to deterioration due to ultraviolet and heat exposure. Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to March 2018 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 2 UNPAVED ROADS IMPROVEMENTS provide a minimum of six months of expected usable construction life at a temperature range of 0 to 120 degrees F. The filter fabric shall meet the following requirements: FILTER FABRIC FOR SILT FENCE PHYSICAL PROPERTY TEST PROCEDURE REQUIREMENT Grab Tensile ASTM D 4632 100 lbs. min. Elongation ASTM D 4632 30% max. Trapezoid Tear ASTM D 4533 55 lbs. min. Permittivity ASTM D 4491 0.2 sec' AOS (U.S. Std. Sieve) ASTM D 4751 20-100 B. Silt Fence Stakes and Posts 1. The Contractor may use either wooden stakes or steel posts for fence construction. Wooden stakes utilized for silt fence construction shall have a minimum cross section of 2 inches by 2 inches when hardwood is used and 2 inches by 4 inches when pine is used, and shall have a minimum length of 4 feet. Steel posts (standard fluff or "T" section) utilized for silt fence construction shall have a minimum weight of 1.33 pounds per linear foot and a minimum length of 4 feet. C. Identification Storage and Handling 1. Filter fabric shall be identified, stored and handled in accordance with ASTM D 4873. 2.2 COMPOUNDS FOR STRAW BALES A. Straw Bales 1. The straw in the bales shall be stalks from oats, wheat, rye, barley, rice or from grasses such as Byhalia, Bermuda, etc., furnished in air dry condition. The bales shall have a standard cross section of 14 inches by 18 inches. All bales shall be either wire -bound or string -tied. The Contractor may use either wooden stakes or 3/8" rebar to secure the straw bales to the ground. Wooden stakes utilized for this purpose shall have a minimum dimensions of 2 inches x 2 inches in cross section and shall have a minimum length of 3 feet. Rebar utilized for securing straw bales shall have a minimum diameter of 3/8" and a minimum length of 3 feet. PART 3 - EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN A. The Storm Water Pollution Prevention Plan (SWP3) will be provided by the Contractor. 111, Contractor must keep a copy of the SWP3 on site at all times. March 2018 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 3 B. A completed Notice of Intent (NOI) form must be submitted a minimum of 48 hours prior to start of construction. No work will be permitted until NOI is filed. C. Contractor shall maintain SWP3 in accordance with the TPDES permit to ensure that the SWP3 reflects current project conditions and remains in compliance with the TPDES permit. D. A completed Notice of Termination (NOT) form must be submitted prior to finalization of this contract. E. The Contractor shall furnish Owner with copy of NOI and NOT. END OF SECTION March 2018 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 4 f .- UNPAVED ROADS IMPROVEMENTS A' SECTION 01400 QUALITY REQUIREMENTS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. _ 1.2 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and 4. quality control. B. Construction materials testing services are required by the Contractor in order for the Engineer to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with the Contract Document requirements. (1) Specific quality -control requirements for individual construction activities are specified in the sections that specify those activities. Requirements in those Sections may also cover production of standard products. (2) Specified tests, inspections, and related actions do not limit Contractor's quality control procedures that facilitate compliance with the Contract Document requirements. 1.3 DEFINITIONS A. Construction Materials Testing (CMT): CMT includes collecting of samples, performing well-defined test procedures, and reporting of such data. The Contractor will provide CMT for this project. (1) Quality -Control Services: Tests, inspections, procedures, and related actions performed by the Contractor during and after execution of the Work with results provided to the Engineer to evaluate that completed construction complies with requirements. Services do not include contract enforcement activities performed by Engineer. B. Construction Materials Engineering (CME): The assessment of a construction material for quality, appropriateness and acceptability is considered an engineering activity. The Contractor will not provide CME services for this project. CME services will be performed by the Engineer. (1) Quality -Assurance Services: Activities, actions and procedures performed by the Contractor before and during execution of the Work. Engineer will determine if the results of the Contractor's activities, actions and procedures are acceptable in guarding against defects and deficiencies and in ensuring that proposed construction complies with requirements. 1.4 SUBMITTALS A. Qualification Data: For individuals employed by Contractor who will perform testing as required by the various specification Sections, submit at least 30 days prior to being used on the project the capabilities and experience of such individuals and the types of tests that the individual is qualified to perform. For outside testing agency employed by Contractor, submit at least 30 days prior to being used on the project the name, address and manager of such testing agency and the types of tests that the agency is qualified to perform. Such testing agency shall be acceptable to Owner prior to being used on the project. March 2018 QUALITY REQUIREMENTS 01400 - 1 1. k 10217 i/ •77.7:�7. lul' : • ' u1D ►� `� B. Reports: Prepare and submit written reports within 14 days following the date of the test that include the following: (1) Date of issue. (2) Project title and number. (3) Name, address and telephone number of testing agency. If individual employed by Contractor, use Contractor's name, address and telephone number. (4) Dates and locations of samples and tests. (5) Names of individuals making tests. (6) Description of the work and test method. (7) Identification of material, product and specification Section. (8) Complete test data. (9) Test results. (10) Ambient conditions at time of sample taking and testing. (11) Provide a statement indicating if the test passed or failed according to the specified Contract Document requirements and the applicable specification Section. (12) Name and signature of individual performing the test if employee of Contractor, or name and signature of testing agency responsible person. C. Professional Engineer Qualifications: Where a Professional Engineer is required in the specification Sections, this means a Professional Engineer who is legally qualified to practice in the jurisdiction where the project is located and who is experienced in providing engineering services of the kind indicated. D. Testing Agency or Contractor Employee Qualifications: An agency or Contractor Employee with the experience and capability to conduct testing indicated, according to reference standards, and that has the capability and experience in the types of tests to be performed. E. Preconstruction Testing: Testing agency shall perform preconstruction testing with specified requirements for performance and test methods. The Contractor shall not perform preconstruction testing except through a third -party testing agency. F. Testing Agency Responsibilities: Submit written report containing the results of each test to Contractor. State in each report whether tested work passes or fails the specified Contract Document requirements and the applicable specification section. 1.5 QUALITY CONTROL A. Owner Responsibilities: Where quality -control services are indicated as Owner's or Engineer's responsibility, such services may be performed by Owner's own forces or by a qualified testing agency to perform these services. (1) Owner or Engineer will furnish Contractor with names, addresses and telephone numbers of testing agencies engaged by Owner. (2) Owner may elect to have own forces, or a third -party testing agency, observe and report on competency of Contractor's personnel performing quality control testing, inspect and report on Contractor's quality control testing equipment and the calibration of that equipment, and inspect and report on Contractor's procedures for quality assurance of construction materials tests and test reports. March 2018 QUALITY REQUIREMENTS 01400 - 2 ' UNPAVED ROADS IMPROVEMENTS (3) Results from tests performed by Owners forces or third party testing agency remain the property of the Owner. The third party agency personnel are obligated to report results of such tests only to the Owner or Engineer, not the Contractor. The Owner or Engineer shall inform the Contractor of such results at their discretion. (4) The Owner shall notify the Contractor of reported deficiencies revealed by the above inspections and observations. The Contractor shall correct such deficiencies. Should such deficiencies remain uncorrected, then the amount of the work represented by the deficiencies will be deemed as not conforming to the requirements of the contract documents and the specifications. B. Contractor Responsibilities: Provide quality control services required in the various specification Sections. (1) Where third -party testing agency is engaged by Contractor, notify testing agency sufficiently in advance of the time and date when work that requires testing will be performed. _ (2) Contractor shall not engage the same testing agencies as the Owner, unless the Owner agrees in writing to such engagement. (3) Where testing is indicated as Contractor's responsibility, submit written reports in duplicate of each testing service, whether performed by Contractor's personnel or Contractor -engaged testing agency. Such reports shall include failing tests and retests. (4) Testing requested by Contractor and not required by Contract Documents are Contractor's responsibility. (5) Cooperate with Owner and Engineer for Owner's testing of work. Once the Owner or Engineer has given prior notification to the Contractor that confirmation testing by the Owner is to be performed, the Contractor shall provide or leave in place trench shields, ladders, elevators, lifts, or other equipment or temporary construction related to safety, access, and ingress -egress such that the Owner's testing representative can have safe accessibility to the specific site to be tested. Failure to provide these items when confirmation testing is scheduled shall be considered prima facie evidence that the work does not meet specifications and the Owner has the option of withholding payment for the work quantity that the test would represent. (6) Where Contractor's personnel are performing tests, provide individuals with appropriate equipment to perform the tests in accordance with the test method requirements. Provide alternate equipment where the specified test method cannot be applied, and where alternative test methods and equipment must be employed to provide the necessary quality control. C. Retesting: Regardless of whether original tests were Contractor's responsibility, provide ' quality -control services, including retesting, for construction that revised or replaced work that failed to comply with requirements established by the Contract Documents. D. Testing Agency Responsibilities: Cooperate with Engineer and Contractor in performance of duties. Provide qualified personnel and necessary equipment to perform. required tests and ._z inspections. (1) Notify Engineer and Contractor promptly of irregularities or deficiencies observed in the work during performance of its services. (2) Prepare a test report and state in each report whether tested and inspected work passes or fails the specified requirements. March 2018 QUALITY REQUIREMENTS 01400 - 3 UNPAVED ROADS IMPROVEMENTS (3) Submit a written report, in triplicate, of each test. (4) Do not release, revoke, alter, or increase requirements of the Contract Documents or approve or accept any portion of the Work. (5) Do not perform any duties of Contractor. E. Associated Services: Cooperate with agencies performing required tests, inspections, and r similar quality -control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: (1) Access to the Work. (2) Incidental labor and facilities necessary to facilitate tests and inspections. (3) Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. (4) Facilities for storage and field -curing of test samples. (5) Additional associated services required of Contractor for testing access are listed in the specification Sections. (6) Delivery of samples to testing agencies. (7) Preliminary design mix proposed for use for material mixes that require control by testing agency. Pill (8) Security and protection for samples and for testing and inspecting equipment at Project site. r F. Coordination: Coordinate sequence of activities to accommodate required quality assurance and quality control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. (1) Schedule times for tests, inspections, obtaining samples, and similar activities. (2) Notify Owner's Representative at least 1 day prior to when testing of any kind is to be performed. G. Schedule of Tests and Inspections: Prepare a preliminary schedule of tests, inspections, and similar quality -control services required by the Contract Documents. Submit schedule within 30 days of date established for Notice to Proceed. (1) Distribution: Distribute schedule to Owner, Engineer, testing agencies, and each party involved in performance of portions of the Work where tests and inspections are required. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. ;t is March 2018 QUALITY REQUIREMENTS 01400 - 4 (1) Provide materials and comply with installation requirements specified in other Sections of these Specifications. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. B. Protect construction exposed by or for quality -control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality -control services. END OF SECTION March 2018 QUALITY REQUIREMENTS 01400 - 5 UNPAVED ROADS IMPROVEMENTS SECTION 01555 _. BARRICADES, SIGNS AND TRAFFIC HANDLING PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 DESCRIPTION A. This Item shall govern for providing, installing, moving, replacing, maintaining, cleaning and removing upon completion of work, all barricades, portable barriers, signs, portable T changeable message signs, cones, lights and other such type devices and of handling traffic as indicated on the plans or as directed by the Engineer or Owner. PART 2 - PRODUCTS 2.1 BARRICADES, SIGNS AND DEVICES A. All barricades, signs and other types of devices listed above shall conform to details shown on the plans or those indicated in the Texas Manual on Uniform Traffic Control Devices (TMUTCD). All traffic control devices shall be crashworthy according to the guidelines set forth in the National Cooperative Highway Research Program (NCHRP) Report 350. PART 3 - EXECUTION 3.1 GENERAL A. The Contractor shall propose his own Traffic Control Plan (TCP) as necessary for phased construction. B. This plan must be approved in writing by the Engineer or Owner in order to be used. C. Prior to beginning work, the Contractor shall designate, in writing, a competent person who will be responsible and available on this project site or in the immediate are to insure compliance with the TCP. D. A barricade permit from the Traffic Engineering Department will be required. 3.2 MAINTENANCE A. All retroreflective traffic control devices such as barricades, vertical panels, signs, etc., shall be maintained by cleaning, replacing or a combination thereof such that during darkness and rain the retroreflective characteristics shall equal or exceed the retroreflective characteristics L of traffic industry standard reflective panels. END OF SECTION March 2018 BARRICADES, SIGNS AND TRAFFIC HANDLING 01555 - 1 I I UNPAVED ROADS IMPROVEMENTS SECTION 01576 WASTE MATERIAL DISPOSAL PART 1- GENERAL 1.1 SUMMARY A. Section Includes: (1) Submittals (2) Salvageable Material (3) Excess Material 1.2 SUBMITTALS A. Obtain and submit disposal permits for proposed disposal sites if required by local ordinanc- es. B. Submit a copy of written permission from property owner, along with a description of proper- ty, prior to disposal of excess material adjacent to the Project. C. Submit a written and signed release from property owner upon completion of disposal work. D. Both written permission and signed release shall include hold -harmless clauses naming the City of Lubbock, Texas as the entities to be held harmless in any subsequent legal proceed- ing. E. Both property permissions and signed releases shall be attested to by a notary public. PART2-PRODUCTS { Not used PART 3 -EXECUTION 1.1 SALVAGEABLE MATERIAL A. Asphalt Pavement and Asphalt Stabilized Base shall conform to requirements of Section 02221— Removing Existing Pavements. B. Coordinate the delivery of salvageable material to a specified location with the Owner. 1.2 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of the Contractor and shall be removed from the job site and legally disposed of at a proper facility such as the West Texas Region Disposal Facility (WTRDF). B. Excess material may be disposed at the WTRDF at no additional cost to the Owner. (1) There will be a tipping fee per ton for construction debris and for excess uncontaminated soil. (2) There will also be a fee per load for every truck that is not covered properly when coming to the landfill. March 2018 WASTE MATERIAL DISPOSAL 01576 - 1 UNPAVED ROADS IMPROVEMENTS (3) For a complete list of fees associated with the WTRDF, please go to the City's website at http://solidwaste.ci.lubbock.tx.us/disposal/fees.aspx. (4) All tipping fees shall be considered to be included in the Contractor's bid prices. C. Excess soil maybe deposited on private property adjacent to the Project if approved by the Owner and when written permission is obtained from the property owner. D. Waste materials shall be removed from the site on a daily basis, such that the site is main- tained in a neat and orderly condition. END OF SECTION March 2018 WASTE MATERIAL DISPOSAL 01576 - 2 UNPAVED ROADS IMPROVEMENTS SECTION 01600 PRODUCT REQUIREMENTS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division I - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. E. Substitutions. 1.3 RELATED SECTIONS A. Information to Bidders: Product options and substitution procedures. B. Section 01400 -Quality Requirements. 1.4 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1.5 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction process. March 2018 PRODUCT REQUIREMENTS 01600 - 1 UNPAVED ROADS IMPROVEMENTS B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off -site storage and protection when site does not permit on -site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent mixing with foreign matter. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. 7. Arrange storage of products to permit access for inspection in a local warehouse. Periodically inspect to assure products are undamaged and are maintained under specified conditions. 8. Materials, products and equipment may be stored off site in a bonded and insured local warehouse approved by the Engineer and Owner. Pay all costs incurred for off -site storage facilities. Products properly stored in off -site storage facilities may be included in progress pay requests with written approval of the Owner. C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.6 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. 1.7 SUBSTITUTIONS A. For bidding purposes as provided in "Information to Bidders". B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A request constitutes a representation that the Bidder: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the Substitution as for the specified product. March 2018 PRODUCT REQUIREMENTS 01600 - 2 UNPAVED ROADS IMPROVEMENTS 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse Owner for review or redesign services associated with re -approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit four copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. 3. The Engineer will notify Contractor, in writing, of decision to accept or reject request. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION March 2018 PRODUCT REQUIREMENTS 01600 - 3 UNPAVED ROADS IMPROVEMENTS SECTION 01700 CONTRACT CLOSEOUT - ; PART 1- GENERAL r 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. 1.3 RELATED SECTIONS A. Section 01500 —Temporary Facilities and Controls. 1.4 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Should the Engineer consider the work incomplete or defective: 1. The Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and submit a second written certification that the work is complete. 3. The Engineer will re -inspect the work. C. Provide submittals to Engineer that are required by governing or other authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.5 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. D. Repair, patch and touch-up marred surfaces to match adjacent finishes. 1.6 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. March 2018 CONTRACT CLOSEOUT 01700 - 1 UNPAVED ROADS IMPROVEMENTS 1.7 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Details not on original Contract Drawings. 4. Changes made by addenda and modification. F. Submit documents to Engineer as line segment installation is completed and with claim for final Application for Payment. 1.8 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. F. Provide Affidavit of Bills Paid as required by General Contract Conditions and Owner. 1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to project site and place in locations as directed; obtain receipt prior to final payment. March 2018 CONTRACT CLOSEOUT 01700 - 2 UNPAVED ROADS IMPROVEMENTS PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION March 2018 CONTRACT CLOSEOUT 01700 - 3 UNPAVED ROADS IMPROVEMENTS SECTION 02050 REMOVAL, DEMOLITION AND SALVAGE PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. Disconnecting and capping of identified utilities. 1.3 RELATED SECTIONS A. Section 01039 -Coordination and Meetings B. Section 01600 —Product Requirements. C. Section 01700 -Contract Closeout: Project record documents. 1.4 JOINT INSPECTION A. Prior to demolition, a joint inspection by the Owner, Engineer and Contractor will be made to determine condition of existing structures adjacent to items being demolished. Adjacent structures damaged by demolition operations must be restored satisfactorily at no expense to the Owner. 1.5 PROJECT RECORD DOCUMENTS A. Submit under provisions of Section 01700 —Contract Closeout. B. Accurately record actual locations of capped utilities and subsurface obstructions. 1.6 QUALIFICATIONS A. Experience in performing the Work of this Section. 1.7 DISPOSITION OF MATERIALS AND EQUIPMENT A. Ownership of Material and Equipment (1) Certain materials and equipment may be designated for reuse or salvage and will remain the i Owner's property. If the designated items are damaged during demolition, handling or storage, --t the items must be restored satisfactorily at no expense to the Owner. (2) Materials and equipment not designated for reuse or salvage become the Contractor's t property. B. Disposal. All materials and equipment not designated for reuse or salvage shall be disposed of by the Contractor at no expense to the Owner. C. Reuse. Other items may be designated for reuse as directed by the Owner's Representative. 1.8 REGULATORY REQUIREMENTS A. Conform to applicable code for demolition of structures, safety of adjacent structures, dust control, runoff control and disposal. B. Obtain required permits from authorities. March 2018 REMOVAL, DEMOLITION AND SALVAGE 02050 - 1 UNPAVED ROADS IMPROVEMENTS C. Notify affected utility companies before starting work and comply with their requirements. D. Do not close or obstruct roadways, sidewalks or hydrants without permits. E. Conform to applicable regulatory procedures when discovering hazardous or contaminated materials. 1.9 SCHEDULING A. Schedule work under the provisions of Section 01039 —Coordination and Meetings. B. Schedule Work to coincide with new construction. C. Describe demolition removal procedures and schedule. PART2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 PREPARATION A. Provide, erect, and maintain temporary barriers and security devices. B. Protect existing landscaping materials, appurtenances and structures which are not to be demolished. C. Prevent movement or settlement of adjacent structures. Provide bracing and shoring. D. Mark location of utilities. tRA 9X911t 61Ito7 KO)090 416101 .10039-1 19ONSd A. The Contractor is responsible for providing protection of persons and property, including safe working conditions throughout work progress. B. Minimize the spread of dust and flying particles. Execute demolition in a manner to prevent damage from falling debris or other sources to Owner's property or adjacent property. C. Do not interfere with use of adjacent structures; maintain free and safe access at all times. Guard against movement or settlement of adjacent structures. The Contractor is responsible for safety and integrity of adjacent structures and, consequently, is liable for any movement or settlement and any resulting injuries or damage. Provide proper bracing and shoring necessary for support. If safety of adjacent buildings appears to be endangered, cease operations. Do not resume demolition until proper protective measures have been taken. 3.3 DEMOLITION REQUIREMENTS A. Conduct demolition to minimize interference with adjacent structures. B. Cease operations immediately if adjacent structures appear to be in danger. Notify Engineer. Do not resume operations until directed. C. Conduct operations with minimum interference to public or private accesses. Maintain protected egress and access at all times. March 2018 REMOVAL, DEMOLITION AND SALVAGE 02050 - 2 UNPAVED ROADS IMPROVEMENTS D. Obtain written permission from adjacent property owners when demolition equipment will traverse, infringe upon or limit access to their property. E. Sprinkle Work with water to minimize dust. Provide hoses and water connections for this purpose. 3.4 BLASTING A. Blasting is not permitted on this project. 3.5 FIRES A. Fires are not permitted on this project. 3.6 UTILITY SERVICES A. Disconnecting Seal abandoned storm or sanitary sewers with concrete or by another approved method. B. Interruption When temporary interruption of utility service to an occupied building is required by the work, properly coordinate the outage to prevent untimely or damaging interruptions. 3.7 DEMOLITION A. Disconnect, remove and cap designated utilities within demolition areas. B. Remove foundation walls and footings to a minimum of four feet below finished grade 10 feet beyond area of new construction. C. Remove concrete slabs on grade. D. Remove materials to be re -installed or retained in manner to prevent damage. Store and protect in accordance with requirements of Section 01600 — Product Requirements. E. Rough grade and compact areas affected by demolition to maintain site grades and contours. F. Remove demolished materials from site. G. Do not burn or bury materials on site. Leave site in clean condition. H. Remove all temporary work. 3.8 GENERAL WORK ITEMS A. Contractor may use equipment and materials necessary to properly complete the demolition. Operational procedures are at the Contractor's option but must not interfere with the execution of other work. Materials or equipment designated for reuse or salvage shall be carefully removed, transported and stored in approved storage areas. B. Structures. Remove structures entirely, including footings, contents, attachments and improvements. Carefully remove and lower structural steel. C. Removing and Replacing Concrete. Use these procedures where existing concrete must be removed to facilitate operations but will be replaced subsequently. i (1) Make initial cut with a concrete saw exercising care to avoid cutting reinforcement. (2) After removing concrete, cut cross bars at center of breakout and bend back. (3) Before replacing concrete, bend bars back to the original position and provide a splice bar for each cut bar. Splice bars must be the size of cut bars and of a length to lap each cut end a minimum of 20 diameters of the bar, unless restricted by the job conditions. March 2018 REMOVAL, DEMOLITION AND SALVAGE 02050 - 3 UNPAVED ROADS IMPROVEMENTS (4) Immediately before placing new concrete, thoroughly clean old concrete and apply a heavy coat of bonding agent. (5) Replace concrete as specified in Division 3 - Concrete. D. Backfill (1) Backfill holes or other hazardous openings resulting from demolition with an approved material to the density of adjacent soil as specified in the section describing Earthwork. (2) Backfilling with rubbish or burying on the site is not permitted. E. Cleaning. Keep the work areas free of accumulated debris. Materials and equipment that are not for reuse of salvage must be removed from the site daily, unless otherwise approved. 3.9 MECHANICAL WORK ITEMS A. Remove existing mechanical work items to the extent necessary to accommodate new work. 3.10 ELECTRICAL WORK ITEMS A. Unless otherwise noted, remove all electrical materials and equipment from areas indicated for demolition and from site. B. Remove existing conduit to the extent necessary to accommodate new work or to a minimum of 5 feet beyond area indicated for demolition, whichever is greater. C. Remove all wiring from abandoned conduit. D. Seal abandoned conduits. E. Existing electrical services and controls to items being removed must be disconnected. 3.11 SCHEDULES A. No salvage material or equipment shall be reused on the project unless specifically provided for in the Specifications or so noted on the drawings. March 2018 END OF SECTION REMOVAL, DEMOLITION AND SALVAGE 02050 - 4 UNPAVED ROADS IMPROVEMENTS SECTION 02221 REMOVING EXISTING PAVEMENTS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. This section of the specifications covers the removal of existing pavements. Included, but not limited to the following are: concrete paving, asphaltic paving, concrete curb and/or gutter, concrete sidewalks, and miscellaneous items. 1.3 RELATED SECTIONS A. Section 01576 —Waste Material Disposal. B. Section 02300 — Earthwork. C. Section 02317 — Excavation and Backfill for Structures. D. Section 03300 — Cast -in -Place Concrete. E. City of Lubbock Public Works Engineering — Minimum Design Standards and Specifications. 1.4 REGULATORY REQUIREMENTS A. Conform to applicable codes for disposal of debris. Refer to Section 01576 —Waste Material . = Disposal. B. Coordinate removal work with utility companies. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 PREPARATION A. Obtain advance approval from Engineer for dimensions and limits of removal work. B. Identify all utilities below grade. Stake and flag locations. C. Prior to removal of any concrete curb and gutter, Contractor shall survey the section of curb and gutter to determine existing grades and elevations. Submit survey field notes to the Engineer prior to removal of curb and gutter. All curb and gutter to be replaced will be installed to the original grades and elevations unless otherwise shown on the drawings or as approved by the Owner and Engineer. March 2018 REMOVING EXISTING PAVEMENTS 02221 - 1 UNPAVED ROADS IMPROVEMENTS 3.2 PROTECTION A. Protect the following from damage or displacement: (1) Adjacent public and private property. (2) Trees, plants, and other landscape features designated to remain. (3) Utilities not designated to be removed. (4) Pavement and utility structures not designated to be removed. (5) Benchmarks, monuments, and existing structures not designated to be removed. 3.3 REMOVALS A. Remove pavements and structures by methods that will not damage underground utilities. Do not use a drop hammer near existing underground utilities. B. Minimize amount of earth loaded during removal operations. C. Where existing pavement is to remain, make straight saw cuts in existing pavement to provide clean breaks prior to removal. Do not break concrete pavement or base with drop hammer unless concrete or base has been saw cut to a minimum depth of 2 inches. D. Where street and driveway saw cut locations coincide or fall within 3 feet of existing construction or expansion joints, break out to existing joint. E. Remove sidewalks and curbs to nearest existing dummy, expansion, or construction joint. F. Any existing concrete which is damaged or destroyed beyond the neat lines so established shall be replaced at the Contractor's expense. G. Remaining concrete shall be mortared to protect the reinforcing steel and provide a neat clean appearance. H. Where reinforcement is encountered in the removed portions of structures to be modified, a minimum of 1-foot of steel length shall be cleaned of all old concrete and left in place to tie into the new construction where applicable. A. Backfill of removal zones shall be in accordance with requirements of Section 02300 — Earthwork or Section 02317 — Excavation and Backfill for Structures as applicable to the specific portion of the work. 3.5 DISPOSAL A. Remove from the site debris resulting from work under this section in accordance with requirements of Section 01576 — Waste Material Disposal. END OF SECTION March 2018 REMOVING EXISTING PAVEMENTS 02221 - 2 UNPAVED ROADS IMPROVEMENTS SECTION 02240 DEWATERING PART 1- GENERAL 1.1 SUMMARY A. This Section includes construction dewatering procedures and requirements. (1) A geotechnical survey has not been performed at the site. (2) This Section shall be applicable only if ground water begins to enter the trench. (3) Any required dewatering for this project shall be considered subsidiary to pipeline and manhole installation and no separate compensations will be paid. B. Section Includes: (1) Submittals (2) Performance Requirements (3) Quality Assurance (4) Project Conditions (5) Preparation (6) Installation (7) Observation Wells 1.2 SUBMITTALS A. Shop Drawings for Information: (1) For dewatering system, show arrangements, locations, and details of wells and well points; locations of headers and discharge lines; and means of discharge and disposal of water. (2) Include layouts of piezometers and flow -measuring devices for monitoring performance of dewatering system. (3) Include written report outlining control procedures to be adopted if dewatering problems arise. (4) Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by dewatering operations. (5) Record drawings at Project closeout identifying and locating capped utilities and other subsurface structural, electrical, or mechanical conditions performed during dewatering. (6) Note locations and capping depth of wells and well points. B. Field Test Reports: (1) Before starting excavation, submit test results and computations demonstrating that dewatering system is capable of meeting performance requirements. March 2018 DEWATERING 02240-1 UNPAVED ROADS IMPROVEMENTS 1.3 PERFORMANCE REQUIREMENTS A. Design, furnish, install, test, operate, monitor, and maintain dewatering system of sufficient scope, size, and capacity to control ground water flow into excavations and permit ..': construction to proceed on dry, stable ground. B. Maintain dewatering operations to ensure erosion control, stability of excavations and constructed slopes, that excavation does not flood, and that damage to subgrades and _ permanent structures is prevented. C. Prevent surface water from entering excavations by grading, dikes, and other means approved -� by the Engineer. D. Remove dewater system if no longer needed. 1.4 QUALITY ASSURANCE } A. Comply with water disposal requirements of authorities having jurisdiction. c; 1.5 PROJECT CONDITIONS A. Existing Utilities: -' (1) Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. B. Project Site Information: (1) A geotechnical report has not been prepared for the Project area. (2) The Contractor, at own expense, may make test borings and conduct other exploratory t operations necessary for dewatering. (3) Survey adjacent structures and improvements, employing a qualified professional engineer or land surveyor, establishing exact elevations at fixed points to act asFA benchmarks. (4) Clearly identify benchmarks and record existing elevations. (5) During dewatering, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations for comparison with original elevations. (6) Promptly notify the Engineer if changes in elevations occur or if cracks, sags, or other damage is evident in adjacent construction. PART 2 - PRODUCTS Not used PART 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by dewatering operations. B. Prevent surface water and subsurface or ground water from entering excavations, ponding on prepared subgrades, and from flooding site and surrounding area. C. Protect subgrades and foundation soils from softening and damage by rain or water accumulation. March 2018 DEWATERING 02240-2 t _ UNPAVED ROADS IMPROVEMENTS D. Install dewatering system to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. E. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. (1) Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. 3.2 INSTALLATION A. Install dewatering system utilizing wells, well points, or similar methods complete with pump equipment, standby power and pumps, filter material gradation, valves, appurtenances, water disposal, and surface -water controls. B. Before excavating below ground water level, place system into operation to lower water to specified levels. -- C. Operate system continuously until drains, sewers, and structures have been constructed and fill materials have been placed, or until dewatering is no longer required. D. Provide an adequate system to lower and control ground water to permit excavation, construction of structures, and placement of fill materials on dry subgrades. . - E. Install sufficient dewatering equipment to drain water -bearing strata above and below bottom t of foundations, drains, sewers, and other excavations. F. Do not permit open -sump pumping that leads to loss of fines, soil piping, subgrade softening, and slope stability. G. Reduce hydrostatic head in water -bearing strata below subgrade elevations of foundations, drains, sewers, and other excavations. H. Maintain piezometric water level a minimum of sixty (60) inches below surface of excavation. I. Dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. J. Dispose of water in a manner that avoids inconvenience to others. K. Provide sumps, sedimentation tanks, and other flow -control devices as required by authorities having jurisdiction. e-; L. Provide standby equipment on -site, installed and available for immediate operation, to maintain dewatering on continuous basis if any part of system becomes inadequate or fails. M. If dewatering requirements are not satisfied due to inadequacy or failure of dewatering system, restore damaged structures and foundation soils at no additional expense to Owner. N. Remove dewatering system from Project Site on completion of dewatering. O. Plug or fill well holes with sand or cut off and cap wells a minimum of thirty-six (36) inches below overlying construction. P. Promptly repair damages to adjacent facilities caused by dewatering operations. 3.3 OBSERVATION WELLS A. Provide, take measurements, and maintain at least the minimum number of observation wells or piezometers indicated and additional observation wells as may be required by authorities having jurisdiction. March 2018 DEWATERING 02240-3 UNPAVED ROADS IMPROVEMENTS B. Observe and record daily elevation of ground water and piezometric water levels in observation wells. C. Repair or replace, within twenty-four (24) hours, observation wells that become inactive, damaged, or destroyed. D. Suspend construction activities in areas where observation wells are not functioning properly until reliable observations can be made. E. Add or remove water from observation well risers to demonstrate that observation wells are functioning properly. F. Fill observation wells, remove piezometers, and fill holes when dewatering is completed. END OF SECTION March 2018 DEWATERING 02240-4 UNPAVED ROADS IMPROVEMENTS SECTION 02260 EXCAVATION SUPPORT AND PROTECTION PART 1- GENERAL 1.1 SUMMARY A. This Section includes temporary excavation support and protection systems. B. Section Includes: (1) Submittals (2) Performance Requirements (3) Project Conditions (4) Materials (5) Preparation (6) Sheet Piling (7) Trench Boxes (8) Trenching Procedures A. Shop Drawings for Information: (1) Prepared by or under the supervision of a qualified Professional Engineer for excavation support and protection systems. (2) Include Shop Drawings signed and sealed by a Texas Licensed Professional Engineer responsible for their preparation. B. Qualification data for installer and Professional Engineer. C. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by the absence of, the installation of, or the performance of excavation support and protection systems. 1.3 PERFORMANCE REQUIREMENTS A. Design, furnish, install, monitor, and maintain excavation support and protection system capable of supporting excavation sidewalls and of resisting soil and hydrostatic pressure and superimposed and construction loads. B. Provide professional engineering services needed to assume engineering responsibility, including preparation of Shop Drawings and a comprehensive engineering analysis by a qualified Professional Engineer. C. Prevent surface water from entering excavations by grading, dikes, or other means approved by the Engineer. D. Install excavation support and protection systems without damaging existing buildings, pavements, and other improvements adjacent to excavation. 1.4 PROJECT CONDITIONS March 2018 EXCAVATION SUPPORT AND PROTECTION 02260-1 A. Existing Utilities: (1) Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. B. Project Site Information: (1) Survey adjacent structures and improvements, employing a qualified professional engineer or land surveyor, establishing exact elevations at fixed points to act as benchmarks. (2) Clearly identify benchmarks and record existing elevations. (3) During installation of excavation support and protection systems, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations and positions for comparison with original elevations and positions. (4) Promptly notify the Engineer if changes in elevations or positions occur, or if cracks, sags, or other damage is evident in adjacent construction. PART 2 - PRODUCTS 2.1 MATERIALS A. Provide materials that are either new or in serviceable condition. B. Structural Steel: ASTM A36/A 36M, ASTM A690/A 690 M, ASTM A 992/ A 992M. C. Steel Sheet Piling: ASTM A 328/A 328M, ASTM A 572/ A 572M, or ASTM A690/ A 690M; with continuous interlocks. t PART 3 - EXECUTION 1- 3.1 PREPARATION A. Project structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards that could develop during excavation support and protection systems operations. 1 B. Shore, support, and protect utilities encountered. C. Install excavation support and protection systems to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. D. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. (1) Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. E. Locate excavation support and protection systems clear of permanent construction so that forming and finishing of concrete surfaces is not impeded. F. Monitor excavation support and protection systems daily during excavation progress and for as long as excavation remains open. G. Promptly correct bulges, breakage, or other evidence of movement to ensure that excavation support and protection systems remain stable. H. Promptly repair damages to adjacent facilities caused by installing excavation support and ` protection systems. } n} March 2018 EXCAVATION SUPPORT AND PROTECTION 02260-2 UNPAVED ROADS IMPROVEMENTS i 3.2 SHEET PILING A. Before starting excavation, install one-piece sheet piling lengths and tightly interlock to form a continuous barrier. t_ B. Limit vertical offset of adjacent sheet piling to sixty (60) inches. C. Accurately align exposed faces of sheet piling to vary not more than two (2) inches from a horizontal line and not more than 1:120 out of vertical alignment. D. Cut tops of sheet piling to uniform elevation at top of excavation. 3.3 TRENCH BOXES A. Provide Engineer approved trench boxes sufficient for depth and width of open -cut trench. B. All exposed trench shall be protected. 3.4 TRENCHING PROCEDURES A. Provide shoring systems in accordance with the Contractor's submitted design to adequately resist earth pressures. B. Proceed with work in an orderly fashion. C. Install trench bracing systems as soon as possible after opening trenches. D. Do not allow workers in trench prior to installing trench bracing systems. E. Backfill trenches as soon as possible after completion of work. F. Stockpile excavated materials at three (3) feet away from edge of trench. G. Maintain barricades and signage as required by State and Local codes to protect open excavations. H. Do not allow surface water to enter excavations. I. Properly grade areas adjacent to trench excavations to control surface drainage away from excavations. J. If cut back method is allowed by Owner and is employed, maintain a clear distance of three (3) feet from edge of cut to avoid allowing loose material to enter trench. K. Cut back method may not be used where there is insufficient work area to employ it. L. Do not operate heavy equipment except for trench digging or pipe laying equipment within twenty (20) feet of edge of excavation. M. Haul trucks, if needed, may operate closer than twenty (20) feet to trench edge provided the Contractor deems it safe to do so. 3.5 REMOVAL AND REPAIRS A. Remove excavation support and protection systems when construction has progressed sufficiently to support excavation and bear soil and hydrostatic pressures. B. Remove in stages to avoid disturbing underlying soils or damaging structures, pavements, facilities, and utilities. END OF SECTION March 2018 EXCAVATION SUPPORT AND PROTECTION 02260-3 j --- F'-� �- -` r--` ,--- r---` F-�' �--� �-�� r~~-� r--� r-�� r-_~� __-_ ___` UNPAVED ROADS IMPROVEMENTS SECTION 02300 LAIR I so PffliTt", PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section 1.2 SECTION INCLUDES A. This section of the specifications refers to general excavation of various materials at storm sewer inlets, storm sewer outlets, channel grading, subgrade preparation related to paving, flexible base, topsoil placement, and other miscellaneous grading items. For trenching -specific earthwork and excavations at least five feet deep, refer to Section 02317 — Excavation and Backfill for Utilities. 1.3 RELATED SECTIONS A. Section 01400 —Quality Requirements. B. Section 02317 — Excavation and Backfill for Utilities. C. Section 03300 - Cast -in -Place Concrete. D. City of Lubbock Public Works Engineering — Minimum Design Standards and Specifications. 1.4 REFERENCES AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM C 136 (2001) Sieve Analysis of Fine and Coarse Aggregates ASTM D 422 (1963; R 2002) Particle -Size Analysis of Soils ASTM D 698 (2000a) Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft — lb/ft'). ASTM D 1140 (2000) Amount of Material in Soils Finer than the No. 200 (75-micrometer) Sieve ASTM D 1556 (2000) Density and Unit Weight of Soil in Place by the Sand -Cone Method ASTM D 1557 (2002) Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft — lbf/ft3) ASTM D1586 (1999) Penetration Test and Split -Barrel Sampling of Soils ASTM D 2487 (2000) Classification of Soils for Engineering Purposes (Unified Soil Classification System) ASTM D 2922 (2001) Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth) March 2018 EARTHWORK 02300 - 1 UNPAVED ROADS IMPROVEMENTS ASTM D 3017 (2001) Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) ASTM D 4318 (2000) Liquid Limit, Plastic Limit, and Plasticity Index of Soils 1.5 DEFINITIONS A. Backfill: Soil materials used to fill an excavation. B. Base Course: Layer placed between the subbase course and asphalt paving. C. Borrow: Satisfactory soil imported from off -site for use as fill or backfill. D. Excavation: Removal of material encountered above subgrade elevations. 1. Additional Excavation: Excavation below subgrade elevations as directed by Engineer. Additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. 2. Bulk Excavation: Excavations more than 20 feet in width and pits more than 30 feet in either length or width, and not associated with trenching for pipe installation. 3. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated dimensions without direction by Engineer. Unauthorized excavation, as well as remedial work directed by Engineer, shall be without additional compensation. E. Fill: Soil materials used to raise existing grades. F. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. G. Subbase Course: Layer placed between the subgrade and base course for asphalt paving, or layer placed between the subgrade and a concrete pavement or walk. H. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil materials. I. Utilities: Include on -site underground pipes, conduits, ducts, and cables. Suitable Material: Suitable soil materials are those meeting specification requirements. Unsuitable soils meeting specification requirements for suitable soils after treatment with lime or cement are considered suitable, unless otherwise indicated. K. Unsatisfactory Materials: Materials which do not comply with the requirements for satisfactory materials are unsatisfactory. Unsatisfactory materials also include man-made fills; trash; refuse; backfills from previous construction; and material classified as satisfactory which contains root and other organic matter or frozen material. The Engineer shall be notified of any contaminated materials. L. Cohesionless and Cohesive Materials: Cohesionless materials include materials classified in ASTM D 2487 as GW, GP, SW, and SP. Cohesive materials include materials classified as GC, SC, ML, CL, MH, and CH. Materials classified as GM and SM will be identified as cohesionless only when the fines are nonplastic. Testing required for classifying materials shall be in accordance with ASTM D 4318, ASTM C 136, ASTM D 422, and ASTM D 1140. March 2018 EARTHWORK 02300 - 2 UNPAVED ROADS IMPROVEMENTS M. Degree of Compaction: Degree of compaction required is expressed as a percentage of the maximum density obtained by the test procedure presented in ASTM D 698 or ASTM D 1557 as designated in the Contract Documents abbreviated as a percent of laboratory maximum density. Procedure A, B or C shall be applied as applicable along with corrections according to ASTM D 4718. For free draining soils, use maximum reference density according to ASTM D 4253. { N. Topsoil: Material suitable for topsoils obtained from offsite areas or the top 3 feet of excavated material shall be defined as clean and uncontaminated soils capable of sustaining plant life. 1.6 SUBMITTALS A. Material Reports 1. Classification according to ASTM D 2487 for each site of borrow soil material. 2. Laboratory compaction curve according to ASTM D 698 for each on -site or borrow soil material. 1.7 QUALITY ASSURANCE A. Refer to Section 01400 —Quality Requirements. PART 2 - PRODUCTS 2.1 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. Refer to Section 02318 — Borrow. B. Satisfactory Soils: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM, or --- a combination of these group symbols; free of rock or gravel larger than 3 inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. Satisfactory soils should have a liquid limit of 45 maximum and a plasticity index of 15 maximum. C. Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT, or a combination of these group symbols. 1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction. D. Backfill and Fill: Satisfactory soil materials. E. Subbase: Satisfactory soils. F. Flexible Base: 1. The material for flexible base shall consist of crushed caliche (limestone, calcareous clay particles, conglomerate, gravel, or other approved granular materials) produced from oversized quarried aggregate, sized by crushing and produced from a naturally occurring single source except that blending of clean crushed concrete will be allowed. Blended material must meet requirements for flexible base as defined in this and other sections. The material source shall be subject to approval by the Engineer. If material characteristics within the approved source change, the material shall be subject to retesting and re - approval prior to continued use. The Contractor shall not change material sources without approval by the Engineer. March 2018 EARTHWORK 02300 - 3 UNPAVED ROADS IMPROVEMENTS 2. Refer to City of Lubbock Public Works Engineering Minimum Design Standards and Specifications, 8.08.02 Flexible Base (Caliche). G. Subgrade: 1. Subgrade material for concrete or asphalt construction shall consist of suitable native soil or off site soil, free from vegetation or other objectionable matter. All unstable or objectionable material shall be removed from the subgrade and replaced with approved material. 2. Refer to City of Lubbock Public Works Engineering Minimum Design Standards and Specifications, 8.08.01 Subgrade. Pam►-WATK01*10617 I a y A. Warning Tape: Acid- and alkali -resistant polyethylene film warning tape manufactured for marking and identifying underground utilities uncovered during prosecution of the work, 6 inches wide and 4 mils thick, continuously inscribed with a description of the utility; colored as follows: 1. Red: Electric. 2. Yellow: Gas and oil. 3. Orange: Telephone and other communications. 4. Blue: Water systems. 5. Green: Sewer systems. B. Warning tape to be placed within 3 feet of ground surface. PART 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. B. Protect subgrades and foundation soils against freezing temperatures or frost. C. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil -bearing water runoff or airborne dust to adjacent properties and walkways. 3.2 STRIPPING OF TOPSOIL A. Topsoil will be separately excavated, stored, and used for surface finish in preparation for seeding, sodding, or other planting, only where topsoil is definitely superior for grass and plant growth as compared with the remainder of the excavated material. In general, this shall be considered as the top 6 inches of excavated material. Surface soil that is heavy clay, predominantly sandy, or is lean in grass -and plant -growth qualities, will not be saved. The hauling, spreading, smoothing, and maintenance of the topsoil in preparation for the seeding and planting operations are generally considered under a separate section, and therefore are not considered in this specification. March 2018 EARTHWORK 02300 - 4 UNPAVED ROADS IMPROVEMENTS _ 3.3 FROZEN MATERIAL A. Soils shall not be placed on a foundation which contains frozen material, or which has been subjected to freeze -thaw action. This prohibition encompasses all foundation types, including the natural ground, all prepared subgrades (whether in an excavation or on an embankment) and all layers of previously placed and compacted earth fill which become the foundations for successive layers of earth fill. All material that freezes or has been subjected to freeze -thaw action during the construction work, or during periods of temporary shutdowns, such as, but not limited to, nights, holidays, weekends, winter shutdowns, or earthwork operations, shall be removed to a depth that is acceptable to the Engineer and replaced with new material. Alternatively, the material will be thawed, dried, reworked, and recompacted to the specified criteria before additional material is placed. The Engineer will determine when placement of fill or backfill shall cease due to cold weather. The Engineer may elect to use average daily air temperatures, and/or physical observation of the soils for his determination. Embankment material shall not contain frozen clumps of soil, snow, or ice. 3.4 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks, pavements and similar paths to indicated cross sections, elevations, and grades. 3.5 SUBGRADE PREPARATION A. Refer to City of Lubbock Public Works Engineering Minimum Design Standards and Specifications, 8.08.01 Subgrade. 3.6 UNSUITABLE MATERIAL A. If unsuitable material is encountered during subgrade preparation regardless of how it is discovered, the Contractor shall take corrective action as directed by the Engineer. If removal and replacement of the material is required or if drying is required deeper than 6 inches below subgrade it will be considered over excavation and paid for separately. Contractor shall back fill any over excavation with suitable material and compact to 95% of Modified Proctor Density at a moisture content within 2% of optimum in accordance to ASTM D698. 3.7 FLEXIBLE BASE CONSTRUCTION A. Areas behind curbs shall be backfilled and leveled with approved topsoil prior to placing base material. B. Refer to City of Lubbock Public Works Engineering Minimum Design Standards and Specifications, 8.08.02 Flexible Base (Caliche). 3.8 STORAGE OF SOIL MATERIALS A. Stockpile satisfactory excavated soil materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover or spray with dust suppressant to prevent windblown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of trees. 3.9 UTILITY TRENCH BACKFILL A. Refer to Section 02317 — Excavation and Backfill for Utilities. March 2018 EARTHWORK 02300 - 5 7 - UNPAVED ROADS IMPROVEMENTS 3.10 FILL i A. Preparation: Remove vegetation, 6" of topsoil, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface before placing fills. B. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material. C. Place and compact fill material to required elevations as directed in Paragraph 3.12 using satisfactory soil material. 3.11 MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before t: compaction to within 2 percent of optimum moisture content. t 1. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or t ice. 2. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. _ 3.12 COMPACTION OF FILLS A. Place fill materials in layers not more than 6 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand -operated tampers. i J B. Each layer of backfill or fill material should be compacted to a minimum of 95% of Modified Y Proctor Density at a moisture content within 2% of optimum. C. Use only hand -operated tamping equipment or place flowable backfill to achieve a minimum cover of 12 inches over pipes, conduits, and ducts. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. Do not use vibratory equipment unless approved by the Owner and until 5 feet of cover over pipes, conduits and ducts is obtained. Use of vibratory equipment within 10 feet measured from the top of finished surface or adjacent to existing structures will only be permitted if approved by the Owner on a case -by -case basis. L 3.13 TESTING 1_1 A. Testing Agency: Contractor shall perform construction materials testing in conformance with Section 01400 — Quality Requirements. Contractor shall be responsible for paying for failing tests conducted by Owner. Such failing tests shall include pro-rata technician time charges, pro- rata mileage expense and other pro -rated agency charges. B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earthwork only after Engineer has verified that test results for previously completed work comply with requirements. March 2018 EARTHWORK 02300 - 6 { r C. Testing agency will test compaction of soils in place according to ASTM D 1556 and ASTM D 2922, as applicable. Tests will be performed at the following locations and s frequencies: 1. Paved Areas: At subgrade and at each compacted fill layer, at least one test for every 5000 sq. ft. or less of paved area, but in no case fewer than three tests. 2. Trench Backfill: Refer to Section 02317 — Excavation and Backfill for Structures. D. When testing agency reports that subgrades, fills, or backfills have not achieved degree of ` compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified compaction is obtained. Contractor shall be responsible for paying for failing tests conducted by Owner. Such failing tests shall include pro-rata technician time charges, pro-rata mileage expense and other pro -rated agency charges. 3.14 GRADING A. General: Uniformly grade areas to a smooth surface free from irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. �- - 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances. B. Site Grading: Finish subgrades to required elevations within the following tolerances: 1. Lawn or Unpaved Areas: Plus or minus 1 inch. 2. Walks: Plus or minus 1 inch. 3. Pavements: Plus or minus 3/8 inch. _ 4 3.15 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash, debris and excess weeds. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Engineer; reshape and re -compact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.16 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property according to Section 01576 — Waste Material Disposal. END OF SECTION March 2018 EARTHWORK 02300 - 7 I I UNPAVED ROADS IMPROVEMENTS SECTION 02317 EXCAVATION AND BACKFILL FOR UTILITIES PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A. This section of the specifications includes information on excavation, trenching, foundation, embedment, and backfill for installation of utilities, including storm sewers, culverts, manholes and other pipeline structures. B. Section Includes: (1) Definition (2) References (3) Scheduling (4) Submittals (5) Tests (6) Equipment (7) Material Classifications (8) Accessories (9) Installation (10) Preparation (11) Protection (12) Excavation (13) Handling Excavation Materials (14) Trench Foundation (15) Ground Water Control (16) Pipe Embedment, Placement and Compaction (17) Trench Zone Backfill, Placement and Compaction (18) Field Quality Control (19) Disposal of Excess Material 1.3 RELATED SECTIONS A. Section 01330 — Submittal Procedures. B. Section 01400 — Quality Requirements. C. Section 01500 — Temporary Facilities and Controls. D. Section 01555 — Barricades, Signs and Traffic Handling. E. Section 02221 — Removing Existing Pavements. F. Section 02300 — Earthwork. G. Section 02318 — Borrow. H. Section 02320 — Backfill Materials for Structures. March 2018 EXCAVATION AND BACKFILL FOR STRUCTURES 02317 - 1 UNPAVED ROADS IMPROVEMENTS t'. i ` 1.4 DEFINITIONS A. Pipe Foundation: Suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Drawings, or foundation backfill material placed and compacted in over -excavations. B. Pipe Bedding: The portion of trench backfill that extends vertically from top of foundation up to a level line at bottom of pipe, and horizontally under 1/3 of the pipe O.D. C. Haunching: The material placed on either side of pipe from the foundation to the springline of the pipe for rigid wall pipe, and horizontally from one trench sidewall to opposite sidewall, excluding the bedding section as shown on the plans. For flexible wall pipe, the haunching_ . material extends to a minimum of 12" above the top of the pipe. D. Initial Backfill: The portion of trench backfill that extends vertically from the top of haunching or cement stabilized backfill up to a level line immediately below pavement subgrade, and horizontally from one trench sidewall to opposite sidewall. E. Pipe Embedment: The portion of trench backfill that consists of bedding, haunching and initial backfill. ' F. Trench Zone: The portion of trench backfill that extends vertically from top of pipe embedment up to a line immediately below pavement subgrade or up to final grade when not beneath pavement. G. Backfill: Suitable material meeting specified quality requirements, placed and compacted under controlled conditions. H. Ground Water Control Systems — Installations external to trench, such as well points, eductors, or deep wells. Ground water control includes dewatering to lower ground water, intercepting seepage which would otherwise emerge from side or bottom of trench excavation, and depressurization to prevent failure or heaving of excavation bottom. Refer to Section 02240 — Dewatering. 1. Surface Water Control: Diversion and drainage of surface water runoff and rain water away from trench excavation. Rain water and surface water accidentally entering trench shall be controlled and removed as a part of excavation drainage. J. Excavation Drainage: Removal of surface water in trench by sump pumping or other approved means. t K. Trench Conditions are defined with regard to the stability of trench bottom and trench walls - of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill, except where structural trench support is necessary. (1) Dry Stable Trench: Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressurization) for trenches extending below ground water level.. (2) Stable Trench with Seepage: Stable trench in which ground water seepage is controlled by excavation drainage. a. Stable Trench with Seepage in Clayey Soils: Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. March 2018 EXCAVATION AND BACKFILL FOR STRUCTURES 02317 - 2 UNPAVED ROADS IMPROVEMENTS b. Stable Wet Trench in Sandy Soils: Excavation drainage is provided in the embedment zone in combination with ground water control in predominately sandy .. z or silty soils. (3) Unstable Trench: Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes soil disturbances, such as sloughing, sliding, boiling, heaving or loss of density. L. Subtrench: Subtrench is a special case of benched excavation. Subtrench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of a Subtrench depends upon trench stability and safety as determined by the Contractor. M. Trench Dam: A placement of low permeability material in pipe embedment zone or foundation to prohibit ground water flow along the trench. N. Over -Excavation and Backfill: Excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on ti Drawings, and backfilled with foundation backfill material. O. Foundation Backfill Materials: Natural soil or manufactured aggregate of controlled gradation, to control drainage and material separation. Foundation backfill material is placed -= and compacted as backfill to provide stable support for bedding. P. Trench Safety Systems include both protective systems and shoring systems as defined in Section 02260 — Excavation Support and Protection t. Q. Trench Shield (Trench Box) — A portable worker safety structure moved along the trench as work proceeds, used as a protective system and designed to withstand forces imposed on it by cave-in, thereby protecting persons within the trench. Trench shields may be stacked if so designed or placed in a series depending on depth and length of excavation to be protected. R. Shoring System — A structure that supports sides of an excavation to maintain stable soil conditions and prevent cave-ins, or to prevent movement of the ground affecting adjacent installations or improvements. 1.5 REFERENCES A. ASTM D 558 - Test Methods for Moisture -Density Relations of Soil Cement Mixtures. B. ASTM D 698 - Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures Using 5.5-lb (2.49-kg) Rammer and 12-in. (304.8-mm) Drop. { C. ASTM D 1556 - Test Method for Density in Place by the Sand -Cone Method. D. ASTM D 2487 - Classification of Soils for Engineering Purposes. E. ASTM D 2922 - Test Method for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth). F. ASTM D 3017 - Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). G. ASTM D 4318 - Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. H. TxDOT Tex- 101-E - Preparation of Soil and Flexible Base Materials for Testing. I. TxDOT Tex- 110-E - Determination of Particle Size Analysis of Soils. J. Federal Regulations, 29 CFR Part 1926, Standards -Excavation, Occupational Safety and Health Administration (OSHA). March 2018 EXCAVATION AND BACKFILL FOR STRUCTURES 02317 - 3 t UNPAVED ROADS IMPROVEMENTS ° 1.6 SCHEDULING A. Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation, manhole, or other structures. 1.7 SUBMITTALS 1 A. Conform to Section 01330 -Submittal Procedures. B. Submit a written description for information only of the planned typical method of excavation, backfill placement and compaction, including: it (1) Sequence of work and coordination of activities. (2) Selected trench widths. (3) Procedures for foundation and embedment placement, and compaction. (4) Procedure for use of trench boxes and other premanufactured systems while assuring specified compaction against undisturbed soil. C. Submit backfill material sources and product quality information in accordance with requirements of Section 02320 — Utility Backfill Materials. D. Submit record of location of pipe as installed, referenced to the TxDOT coordinate system. (1) Include locations of utilities encountered that are not shown on drawings or rerouted for the convenience of the Contractor. (2) Give stations, coordinates, elevations, inverts, and gradients of installed pipe, casing, etc. E. Submit field density tests of trench backfill. F. Submit laboratory density compaction curves for each material. 1.8 TESTS A. The Contractor is to perform backfill material source qualification testing in accordance with requirements of Section 02320 — Utility Backfill Materials. B. The Contractor shall have a competent, separate agency perform field density tests of trench backfill representative of each 200 linear feet of trench and each compacted layer. PART 2 - PRODUCTS 2.1 EQUIPMENT A. Perform excavation with hydraulic excavator or other equipment suitable for achieving the requirements of this Section. B. Use only hand -operated tamping equipment until a minimum cover of twelve (12) inches is obtained over pipes, conduits, and ducts. C. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. D. Do not use vibratory equipment until five (5) feet of cover over pipes, conduits, or ducts is obtained. E. Do not use vibratory equipment if adjacent structures could be affected. March 2018 EXCAVATION AND BACKFILL FOR STRUCTURES 02317 - 4 y i Li0117\T/ i7Zil•17310TIOZi / ►h �I�lil��ify F. Use trench shields or other protective systems or shoring systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. 2.2 MATERIAL CLASSIFICATIONS -a A. Embedment and Trench Zone Backfill Materials: Conform to classifications and product descriptions of Section 02320 — Utility Backfill Materials. 2.3 ACCESSORIES A. Warning Tape: Install twelve (12) inches below fmished grade acid and alkali resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, six (6) inches wide and four (4) mils thick, continuously inscribed with a description ( of the utility; colored as follows: (1) Red —Electric (2) Yellow — Gas, oil, steam, and dangerous materials. (3) Orange — Telephone and other communications. (4) Blue — Water systems. (5) Green — Sewer systems. B. Locator Wire: Install continuously coated ten (10) gauge locating wire as indicated on Plans. PART 3 - EXECUTION 3.1 INSTALLATION A. Install flexible pipe to conform to the trench details shown in the drawings. B. Install rigid pipe to conform to the trench details shown in the drawings. 3.2 PREPARATION A. Establish traffic control to conform to requirements of Section 01555 —Barricades, Signs, and Traffic Handling and the drawings. B. Perform work to conform to applicable safety standards and regulations. C. Employ a trench safety system as specified in Section 02260 — Excavation Support and Protection. D. Immediately notify the agency or company owning any existing utility line which is damaged, broken, or disturbed. E. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. F. Remove existing pavements and structures, including sidewalks and driveways, to conform to requirements of Section 02220 — Demolition, Removal, and Salvaging of Existing Material. G. Maintain permanent benchmarks, monumentation and other reference points, and unless otherwise directed in writing, replace those which are damaged or destroyed. 3.3 PROTECTION A. Protect trees, shrubs, lawns, existing structures, and other permanent objects outside of the construction limits. March 2018 EXCAVATION AND BACKFILL FOR STRUCTURES 02317 - 5 r { UNPAVED ROADS IMPROVEMENTS B. Protect and support above grade and below grade utilities, which are to remain. C. Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment of facilities are indicated on the Drawings. D. Take measures to minimize erosion of trenches and excavations. 1 E. Do not allow water to pond in trenches or excavations. F. Where slides, washouts, settlements, or areas with loss of density or pavement failures or potholes occur, repair, recompact, and pave those areas at no additional cost to the Owner. G. The Contractor shall locate all existing underground lines, whether or not they are shown on the Drawings, sufficiently in advance of trenching operations to prevent any damage thereto. H. Verification of location, size, and burial depth of existing utilities shall be the complete responsibility of the Contractor. I. The Contractor is responsible for notifying pipeline and cable utility owners of the intention to cross said utility no less than seven (7) days prior to crossing the utility. J. Coordinate vertical separation requirements with utility owners and any other special L_1 construction considerations. -, K. Notify the Engineer if required changes in the vertical profile shown on the Drawings prior to �_1 constructing these changes. L. Trench digging machinery may be used to make the trench excavations except in places rj where operation of same would cause damages to pipelines, fences, or other existing structures either above or below ground; in such instances hand methods shall be employed. 3.4 EXCAVATION A. Perform excavation work so that pipe, conduit, or ducts can be installed to depths and alignments shown on the Drawings. B. Avoid disturbing surrounding ground and existing facilities and improvements. C. Determine trench excavation widths based on the requirements shown on the plans. D. Use sufficient trench width or benches above the embedment zone for installation of well point headers or manifolds and pumps where depth of trenches makes it uneconomical or impractical to pump from the surface elevation. J E. Provide sufficient space between shoring cross braces to permit equipment operations and handling of forms, pipe, embedment and backfill, and other materials. F. Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that location. Notify the Engineer and obtain instructions before proceeding. G. Shoring of Trench Walls: (1) Install special shoring in advance of trench excavation or simultaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will s remain laterally supported at all times. C - (2) For all types of shoring, support trench walls in the pipe embedment zone throughout the ; installation. (3) Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out behind the trench wall support. March 2018 EXCAVATION AND BACKFILL FOR STRUCTURES 02317 - 6 UNPAVED ROADS IMPROVEMENTS (4) Unless otherwise directed by the Engineer, leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment ` materials. (5) Leave rangers, wafers, and braces in place as long as required to support the sheeting, which has been cut off, and the trench wall in the vicinity of the pipe zone. (6) Employ special methods for maintaining the integrity of embedment or foundation material. (7) Before moving supports, place and compact embedment to sufficient depths to provide protection of pipe and stability of trench walls. (8) As supports are moved, finish placing and compacting embedment. (9) If sheeting or other shoring is used below top of the pipe embedment zone, do not disturb pipe foundation and embedment materials by subsequent removal. (10) Maximum thickness of removable sheeting extending into the embedment zone shall be the equivalent of a one (1) inch thick steel plate. (11) Fill voids left on removal of supports with compacted backfill material. H. Wherever necessary to prevent caving, the trench shall be adequately supported as required by the Drawings and Specifications. I. The Contractor is entirely responsible for assuring that trenches are adequately supported to protect both the workers and the public. J. Use of Trench Shields/Trench Boxes: (1) Make trench excavations of sufficient width to allow shield to be lifted or pulled feely, without damage to the trench sidewalls. (2) Move trench shields so that pipe, and backfill materials, after placement and compaction, are not damaged or disturbed, or the degree of compaction reduced. (3) When required, place, spread, and compact pipe foundation and bedding materials beneath the shield. (4) For backfill above bedding, lift the shield as each layer of backfill is placed and spread. (5) Place and compact backfill materials against undisturbed walls and foundation. (6) Maintain trench shield in position to allow sampling and testing to be performed in a safe manner. (7) Contractor shall provide trench shield for Owner's tests within the trench as required in paragraph 3.11.13 3.5 HANDLING EXCAVATION MATERIALS A. Use only excavated materials which are suitable as defined in this Section and conforming to Section 02320 — Utility Backfill Materials. B. Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. C. Do not place stockpiles of excess excavated materials on streets and adjacent properties. D. Protect excess stockpiles for use on site. March 2018 EXCAVATION AND BACKFILL FOR STRUCTURES 02317 - 7 UNPAVED ROADS IMPROVEMENTS E. Maintain site conditions in accordance with Section 01500 — Temporary Facilities and Controls. 3.6 TRENCH FOUNDATION A. The trench shall be excavated to an even grade so that the bottom of the pipe will rest on the bottom of the trench over the entire length of the pipe. B. Any part of the trench excavated below grade shall be corrected by filling with approved material and compacting thoroughly. C. If ledge rock, rock fragments, or other unyielding material is encountered in the bottom of the trench, it shall be removed to a depth of six (6) inches below grade, refilled with selected material, and thoroughly compacted. D. Bell holes of ample dimensions shall be dug at each joint to permit the jointing of pipe to be made properly, and of sufficient depth to prevent the bell of the pipe from resting on undisturbed materials. 3.7 GROUND WATER CONTROL A. Should ground water become an issue, refer to Section 02240 — Dewatering. B. Provide a stable trench to allow installation in accordance with the Specifications. 3.8 PIPE EMBEDMENT, PLACEMENT AND COMPACTION A. Immediately prior to placement of embedment materials, the bottoms and sidewalls of trenches shall be free of loose, sloughing, caving, or otherwise unsuitable soil. B. Place embedment including bedding, haunching, and initial backfill as shown on the Drawings. C. For pipe installation, manually spread embedment materials around the pipe to provide uniform bearing and side support when compacted. D. Do not allow materials to free -fall from heights greater than twenty-four (24) inches above top of pipe. E. Perform placement and compaction directly against the undisturbed soils in the trench sidewalls, or against sheeting which is to remain in place. F. Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. G. If moveable supports are used in embedment zone, lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. H. Do not damage coatings or wrappings of pipes during backfilling and compacting operations. I. When embedding coated or wrapped pipes, do not use crushed stone or other sharp, angular aggregates. J. Place haunching material manually around the pipe and compact it to provide uniform bearing and side support. K. If necessary, hold small -diameter or lightweight pipe in place with sand bags or other suitable means during compaction of haunch areas and placement beside the pipe. L. Shovel in -place and compact embedment material using pneumatic tampers in restricted areas, and vibratory -plate compactors or engine -powered jumping jacks in unrestricted areas. March 2018 EXCAVATION AND BACKFILL FOR STRUCTURES 02317 - 8 UNPAVED ROADS IMPROVEMENTS M. Compact each lift before proceeding with placement of the next lift. N. Water tamping and water jetting are not allowed. O. For flowable fill, such as cement stabilized backfill, vibrate flowable backfill with concrete vibrator to consolidate material under haunches. P. Install specified location tape and wire as shown on the drawings and per paragraphs 2.3.A and 2.3.B. 3.9 TRENCH ZONE BACKFILL, PLACEMENT AND COMPACTION A. Place backfill for pipe or conduits and restore as soon as practicable. B. Leave only the minimum length of trench open as necessary for construction. C. Maximum allowed open trench is limited to 200 feet unless otherwise approved by the Owner. D. Where damage to completed pipe installation work is likely to result from withdrawal of sheeting, leave the sheeting in place. (1) Cut off sheeting two (2) feet or move above the crown of the pipe. (2) Remove trench supports within five (5) feet from the ground surface. E. Place trench zone backfill in lifts and compact by methods selected by the Contractor. F. Fully compact each lift before placement of the next lift. G. Cement Stabilized Backfill/Lean Concrete Backfill: (1) Place in depths as shown on plans. (2) Use vibratory equipment to ensure placement under the haunches of the pipe. (3) Backfilling of the remaining trench depth after cement stabilized backfill has been placed shall not commence until the in -place cement stabilized backfill has attained a penetration resistance reading of at least thirty (30) when measured with a soil penetrometer according to ASTM D 1558 and using a one -tenth square inch needle. (4) This equates to a penetration resistance of approximately 300 pounds per square inch. (5) This is not a strength requirement of the cement -stabilized backfill, but a measure of the degree of curing of the cement stabilized backfill. (6) After a penetrometer reading of 30 is obtained on the cement stabilized backfill, then compacted backfill operations may commence. (7) The Contractor shall furnish and have on site a calibrated ASTM D 1558 soil penetrometer with one -tenth square inch needle. (8) The Contractor shall take no less than four (4) penetrometer readings, equally spaced on both sides of the pipe (8 readings total) in accordance with ASTM D 1558, for each day's trench length that is planned for controlled density backfill operations. (9) Such readings shall be taken prior to commencing backfill operations. H. Bedding Material: (1) Sand bedding shall be loosely placed in trench as shown on the Drawings. I. Gravel Embedment: March 2018 EXCAVATION AND BACKFILL FOR STRUCTURES 02317 - 9 UNPAVED ROADS IMPROVEMENTS (1) Place in depths as shown on plans g (2) Use vibratory equipment or shovel slicing to ensure placement under the haunches of the -, pipe. J. Native Material/Borrow Material (Pipe Installation): (1) Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding eight (8) inches. (2) Compaction by trench sheep's foot or by vibratory equipment to provide backfill densities at least equivalent to the surrounding undisturbed material or ninety-five (95) percent of the maximum dry density determined according to ASTM D 698. (3) Use of vibratory equipment limited as specified in paragraph 2.1. (4) Moisture content within two (2) percent of optimum determined according to ASTM D 698. K. Topsoil: (1) Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding eight (8) inches. (2) Compaction by trench sheep's foot or by vibratory equipment to provide backfill -< densities at least equivalent to the surrounding undisturbed material or ninety-five (95) percent of the maximum dry density determined according to ASTM D 698. (3) Use of vibratory equipment limited as specified in paragraph 2.1. (4) Moisture content within two (2) percent of optimum determined according to ASTM D 698. 3.10 MANHOLES, JUNCTION BOXES, AND OTHER PIPELINE STRUCTURES A. Meet the requirements of adjoining utility installations for backfill of pipeline structures, as 1 shown on the Drawings. 3.11 FIELD QUALITY CONTROL A. Test for material source qualifications as defined in Section 02320 — Utility Backfill Materials. B. Provide excavation and trench safety systems at locations and to depths required for testing and retesting during construction at no additional cost to the Owner. C. Tests will be performed by the Contractor on a minimum of three (3) different samples of each material type for plasticity characteristics, in accordance with ASTM D 4318, and for gradation characteristics, in accordance with Tex-101-E and Tex-110-E. Additional classification tests will be performed whenever there is a noticeable change in material i gradation or plasticity. D. At least three (3) tests for moisture -density relationships will be performed initially for backfill materials in accordance with ASTM D 698. Additional moisture -density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. E. The Contractor shall perform in -place density tests of compacted pipe foundation, embedment, and trench zone backfill soil materials will be performed according to ASTM D 1556, or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions. March 2018 EXCAVATION AND BACKFILLL FOR STRUCTURES 02317 - 10 r UNPAVED ROADS IMPROVEMENTS F. A minimum of one test for every 200 linear feet of compacted trench zone backfill material for each compacted layer. G. Density tests will be distributed around the placement areas. Placement areas are foundation, bedding, haunching, initial backfill, and trench zone. H. The number of tests will be increased if compacting effort is variable and not considered sufficient to attain uniform density, as specified. I. Density tests may be performed at various depths below the fill surface by pit excavation. Material in previously placed lifts may therefore be subject to acceptance/rejection. J. Two (2) verification tests will be performed adjacent to in -place tests showing density less than the acceptance criteria. Placement will be rejected unless both verification tests show acceptable results. K. Recompacted placement will be retested at the same frequency as the first test series, including verification tests. L. Recondition, recompact, and retest at Contractor's expense if tests indicate Work does not meet specified compaction requirements. For hardened cement stabilized backfill with nonconforming density, core and test for compressive strength at Contractor's expense. M. Acceptability of crushed rock compaction will be determined by inspection. 3.12 DISPOSAL OF EXCESS MATERIAL A. Dispose of excess materials in accordance with requirements of Section 01576 — Waste Material Disposal. END OF SECTION March 2018 EXCAVATION AND BACKFILL FOR STRUCTURES 02317 - 11 No Text UNPAVED ROADS IMPROVEMENTS SECTION 02320 UTILITY BACKFILL MATERIALS PART 1- GENERAL 1.1 SUMMARY A. This Section of the specification covers materials related to the backfill of utilities. B. Section Includes: (1) "Concrete" sand (for use as pipe bedding). (2) Native soil materials. (3) Topsoil. (4) Crushed stone. (5) Cement stabilized backfill. C. Related Sections: (1) Drawings and General Provisions of the Contract, including General and Supplementary Conditions and other Division 1 specification sections apply to this sec- tion. (2) Section 01300 — Submittal Procedures (3) Section 01400 — Quality Requirements (4) Section 02317 — Excavation and Backfill for Utilities. 1.2 DEFINITIONS A. Refer to Section 02317 — Excavation and Backfill for Utilities. 1.3 REFENCES A. ASTM C 33 — Specification for Concrete Aggregate. B. ASTM C 40 — Test Method for Organic Impurities in Fine Aggregates for Concrete. C. ASTM C 123 — Test Method for Lightweight Pieces in Aggregate. D. ASTM C 131 — Test Method for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. E. ASTM C 136 — Test Method for Sieve Analysis of Fine and Coarse Aggregates. F. ASTM C 142 — Test Method for Clay Lumps and Friable Particles in Aggregates. G. ASTM D 698 — Test Method for Laboratory Compaction Characteristics of Soil Using Stand- ard Effort (12,400 ft-lb/ft3). H. ASTM D 1140 — Test Method for Amount of Materials in Soils Finer Than Number 200 Sieve. I. ASTM D 2487 — Classification of Soils for Engineering Purposes (Unified Soil Classification System). J. ASTM D 2488 — Standard Practice for Description and Identification of Soils (Visual -Manual Procedure). March 2018 UTILITY BACKFILL MATERIALS 02320 - 1 UNPAVED ROADS IMPROVEMENTS K. ASTM D 4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. L. ASTM D 4643 — Method for Determination of Water (Moisture) Content of Soil by the Mi- crowave Oven Method. M. TxDOT Tex-101-E — Preparation of Soil and Flexible Base Materials for Testing. N. TxDOT Tex-104-E — Test Method for Determination of Liquid Limit of Soils (Part 1). O. TxDOT Tex- 106-E —Test Method —Methods of Calculating Plasticity Index of Soils. P. TxDOT Tex- 110-E — Determination of Particle Size Analysis of Soils. 1.4 SUBMITTALS A. Conform to Section 01300 — Submittal Procedures. B. Submit a description of source, material classification and product description, production method, and application of backfill materials. C. Submit test results for samples of off -site backfill materials. D. For each delivery of material, provide a delivery ticket which includes source location. 1.5 TESTS A. Perform tests of sources for off -site backfill material. B. Verification tests of backfill materials may be performed by the Owner, at the Owner's ex- pense; however, failing tests will be charged to the Contractor. PART 2 - PRODUCTS 2.1 MATERIAL DESCIRPTIONS A. "Concrete" Sand (1) Coarse -grained, well -graded, sand (natural, manufactured, or a combination of both) con- forming to requirements of ASTM C 33. (2) Gradation shall conform to ASTM C 136 and the following limits. Sieve Percent Passing 3/8" 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 10 B. Native Soil Material for Backfill (1) Provide backfill material that is free of stones greater than six (6) inches, free of roots, waste, debris, trash, organic material, unstable material, non -soil matter, hydrocarbons, or other contamination. ri March 2018 UTILITY BACKFILL MATERIALS 02320 - 2 UNPAVED ROADS IMPROVEMENTS C. Topsoil (1) Provide topsoil material that is free of stones greater than three (3) inches, free of roots, waste, debris, trash, organic matter, unstable material, non -soil matter, hydrocarbons, or other contamination. (2) Surface should be made clear of rock and other debris before planting. (3) Use top two (2) feet of excavated material for topsoil backfill. This material shall be set aside to prevent mixing with other excavated material. Topsoil is only required in non - paved areas. D. Gravel Embedment (1) Gravel embedment shall be free of waste, trash, debris, organic material, unstable materi- al, and other non -gravel matter. (2) Provide gravel embedment that meets the following gradation requirements: Sieve Percent Retained 3/8" 0 No. 4 5 to 15 No. 10 50 to 90 No. 40 90 to 100 (3) A minimum of four inches of gravel embedment will be placed under the pipe. This ma- L terial will be used for backfill to the top of the pipe. This material MUST be shovel sliced to the haunch of the pipe and mechanically tamped to midpoint of the pipe. E. Cement Stabilized Backfill (1) Cement Content — 2 sack mix per cubic yard. (2) Water/Cement Ratio — 0.60. (3) Maximum aggregate size shall not exceed one and one half (1.5) inch diameter for back- i, filling pipe sizes forty-eight (48) inches and greater in diameter. *' (4) Maximum aggregate size shall not exceed one (1) inch diameter for backfilling sizes less than forty-eight (48) inches in diameter. 2.2 MATERIAL TESTING A. Ensure that material selected, produced, and delivered to the project meets applicable specifi- cations and is of sufficiently uniform properties to allow practical construction and quality control. B. Source or Supplier Qualification: Perform testing, or obtain representative tests by suppliers, for selection of material sources and products. Provide test results for a minimum of three (3) samples for each source and material type. Tests samples of processed materials from current production representing material to be delivered. Tests shall verify that the materials meet specification requirements. Repeat qualification test procedures each time the source charac- teristic changes or there is a planned change in source location or supplier. Qualification tests - shall include, as applicable: March 2018 UTILITY BACKFILL MATERIALS 02320 - 3 UNPAVED ROADS IMPROVEMENTS (1) Gradation: Complete sieve analyses shall be reported regardless of the specified control sieves. The range of sieves shall be from the largest particle through the No. 200 sieve. (2) Plasticity of material passing the No. 40 sieve. (3) Clay lumps. (4) Lightweight pieces. (5) Organic impurities. C. Production Testing: Provide reports to the Engineer from an independent testing laboratory that backfill materials to be placed in the Work meet applicable specification requirements. D. Native material requires testing only when questionable material is encountered. PART 3 - EXECUTION 3.1 SOURCES A. Use of material encountered in the trench excavations is acceptable, provided applicable specification requirements are satisfied. If excavation material is not acceptable, provide from other approved source. Top two (2) feet of excavated material shall be used as topsoil. B. Identify off -site sources for backfill material at least fourteen (14) days ahead of intended use so that the Engineer may obtain samples from verification testing. C. Obtain approval for each material source by the Engineer before delivery is started. If sources previously approved do not produce uniform and satisfactory products, furnish mate- rials from other approved sources. Materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements of the speci- fications will be rejected. Do not use material which, after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, expense for sampling and testing required to change to a differ- ent material will be at the Contractor's expense with no additional cost to the Owner. 3.2 MATERIAL HANDLING A. Establish temporary stockpile locations as practical for material handling and control. B. Cement stabilized backfill shall be consolidated upon placement by using concrete vibrators to ensure filling of voids, filling around and under haunches of pipe and filling of spaces be- tween corrugations. Vibration shall not be applied to the utility pipe itself. mgma arl planIIIyicole)211wo]I A. Quality Control (1) The Engineer may sample and test backfill at: i. Sources including borrow pits, production plants, and Contractor's designated off -site stockpiles. ii. On -site stockpiles. iii. Materials placed in the Work. (2) The Engineer may resample material at any stage of work or location if changes in char- acteristics are apparent. I t L_1 March 2018 UTILITY BACKFILL MATERIALS 02320 - 4 UNPAVED ROADS IMPROVEMENTS B. Production Verification Testing: The Owner's testing laboratory will provide verification testing on backfll materials, as directed by the Engineer. Samples may be taken at the source or at the production plant, as applicable. Contractor shall cooperate with the Owner and En- gineer in allowing access to materials. END OF SECTION March 2018 UTILITY BACKFILL MATERIALS 02320 - 5 I UNPAVED ROADS IMPROVEMENTS SECTION 02665 WATER PIPING, VALVES AND FITTINGS PART I - GENERAL 1.1 SUMMARY A. This section of the specifications covers all water piping, valves, and fittings required for the project. B. Section Includes: (1) Material Schedule (2) Submittals (3) References (4) Materials (5) Polyvinyl Chloride (PVC) Pipe (6) Ductile Iron Pipe (7) Concrete Cylinder Pipe (8) Pipe Fittings (9) Flexible Couplings and Flanged Coupling Adapters (10) Pipe Joints (11) Steel Casing (12) Valves (13) Fire Hydrants (14) Polyethylene Wrap (15) Joint Restraints (16) Concrete (17) General (18) Inspection (19) Responsibility for Materials (20) Handling Pipe and Accessories (21) Alignment and Grade (22) Manner of Handling Pipe and Accessories in Trench (23) Cleaning and Inspecting (24) Laying and Jointing PVC Pipe (25) Plugging Dead Ends (26) Fittings (27) Setting Valves, Valve Boxes, Fire Hydrants and Fittings March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 1 to] ►17\TI O97 Z97,1102IL IQ 1611FA 0 LTA I lil y (28) Thrust Restraint (29) Excavation, Trenching and Backfilling (30) Line Testing (31) Disinfection of Pipelines (32) Installation of Steel Pipe Casing and Pipe in Casing (33) Pipe Identifiers (34) Cleanup 1.2 MATERIAL SCHEDULE A. 6", 8", 10" and 12" lines shall be AWWA C 900, DR 18 PVC pipe. B. Ductile Iron Fittings (AWWA C 153) C. Tapping Sleeve (ductile iron or stainless steel) D. Gate Valves E. Valve Boxes F. Fire Hydrants (AWWA C 502) G. Mechanical Joint Restraints 1.3 SUBMITTALS A. Submit all manufacturers' data for all pipe and fittings including all pipe thickness class calculations, steel casing, and casing spacers. B. Submit affidavits of compliance with appropriate standards. C. Submit product warranties. D. Submit manufacturer's installation instructions. E. Submit manufacturer's loading, unloading, and storage requirements. F. Submit product information for pipe identification tape. G. Submit concrete mix design for concrete thrust blocking. 1.4 REFERENCES A. AWWA C 104 — Cement Mortar Lining for Ductile Iron Pipe and Fittings for Water. B. AWWA C 110 — Ductile Iron and Gray Iron Fittings, 3 inch through 48 inch, for Water. C. AWWA C 1 I 1 — Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. D. AWWA C 104 — Rubber Seated Butterfly Valves. E. AWWA 509 — Resilient Seated Gate Valves for Water Supply. F. AWWA C 900 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 inch through 12 inch, for water distribution. G. AWWA C 905 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 inch through 48 inch, for water transmission and distribution. March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 2 UNPAVED ROADS IMPROVEMENTS H. AWWA C 301— Prestressed Concrete Pressure Pipe, Steel Cylinder Type, for Water and other Liquids. I. AWWA C 303 — Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type J. ANSI/AWWA C-200 Standard for Steel Water Pipe 6 Inches and Larger ;. K. ANSI/AWWA C-205 Standard for Cement -Mortar Protective Lining and Coating for Steel Water Pipe - 4 in. and Larger -Shop Applied L. ANSI/AWWA C-206 Standard for Field Welding of Steel Water Pipe M. ANSI/AWWA C-207 Standard for Steel Pipe Flanges for Water Works Service, 4" - 144" N. ANSI/AWWA C-208 Standard for Dimensions for Fabricated Steel Water Pipe Fittings O. ANSI/AWWA C-209 Standard for Cold -Applied Tape Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines P. ANSI/AWWA C-210 Standard for Liquid -Epoxy Coating Systems for the Interior and Exterior of Steel Water Pipelines Q. ANSI/AWWA C-214 Standard for Tape Coating Systems for the Exterior of Steel Water Pipelines R. ANSI/AWWA C-216 Standard for Heat -Shrinkable Cross -Linked Polyolefin Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines S. ANSI/AWWA C-218 Standard for Coating the Exterior of Aboveground Steel Water Pipelines and Fittings T. ANSI/AWWA C-219 Standard for Bolted Sleeve -Type Couplings for Plain -End Pipe U. ANSI/AWWA C-222 Standard for Polyurethane Coatings for the Interior and Exterior of Steel Water Pipelines and Fittings V. AWWA M-I I Steel Pipe - A guide for Design and Installation W. ASTM A 106 Standard Specification for Seamless Carbon Steel Pipe for High -Temperature Service. X. ASTM A 53 Standard Specification for Pipe, Steel, Black and Hot -Dipped, Zinc Coated Welded and Seamless Y. ASTM E 165 Method for Liquid Penetrant Examination Z. ASTM E 709 Guide for Magnetic Particle Examination _ AA. ASME Section V Nondestructive Testing Examination BB. ASME Section IX Welding and Brazing Qualification. CC. AWS B2.1 Standard for Welding Procedure and Welding Qualifications. PART2-PRODUCTS Pam_8E 111 11Ell ! A. All pipe, fittings, and valves shall be new and of the best quality in material and workmanship. B. All pipe, fittings, and valves shall conform to American National Standards Institute/National Sanitation Foundation (ANSUNSF) Standard 61. March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 3 UNPAVED ROADS IMPROVEMENTS C. hi areas where natural gas lines exist, and are cathodically protected by means of impressed current, only electrically non-conductive pipe shall be allowed. 2.2 POLYVINYL CHLORIDE (PVC) PIPE A. PVC pipe 12 inches and smaller shall be AWWA C-900, DR-18. B. PVC pipe 14 inches and larger shall be AWWA C-905, DR-21. The outside diameter of the PVC pipe shall be cast iron equivalent. C. PVC pipe shall be formed with an integral bell and shall be joined using a gasketed bell and spigot joint. Spigot ends shall be beveled and reference marked to facilitate joining and insure proper seating depth. Gaskets shall conform to ASTM F 477. The nominal joint length shall be twenty (20) feet. D. AWWA C-900 and C-905 pipe shall be marked as prescribed by AWWA standards including nominal size, dimension, ratio, AWWA pressure class, manufacturer's name and code, and seal of testing agency that verified the suitability of the pipe material for potable water. E. Pipe shall meet all additional test requirements as described in AWWA C-900 or C-905, as applicable. F. All PVC pipe shall be approved by the National Sanitation Foundation (NSF) for use in the transportation of potable water and shall bear the NSF seal of approval. 2.3 DUCTILE IRON PIPE A. Ductile Iron pipe 12" shall be Class 200. B. Ductile iron pipe to be furnished shall conform to the following standard specifications or latest revisions: (1) ANSI/AWWA C150/A21.50-81 (2) ANSI/AWWA C104/A21.4-80 (3) ANSUAWWA C151/A21.4-80 C. All ductile iron pipe shall be cement lined in accordance with AWWA C 104-80 (ANSI A21.4) specifications. The external surface shall be coated with an asphalt base paint. D. All joint for ductile iron pipe shall be of the rubber gasket bell and spigot type, except where connecting flanged fittings, and shall otherwise conform to the base specifications to which the pipe is manufactured. E. The joint shall be latest approved type of rubber gasket joint for ductile iron pipe. F. All joints of ductile iron pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified by AWWA C11-72 (ANSI A21.11) or its latest revision. 2.4 CONCRETE CYLINDER PIPE A. Prestressed Concrete Embedded Cylinder pipe shall be manufactured in accordance with the latest revision of AWWA C-301. B. Pretensioned Concrete Cylinder Pipe (PCCP) shall be manufactured in accordance with the latest revision of AWWAS C303-78 C. Concrete Cylinder Pipe shall withstand a minimum pressure of 150 p.s.i. longitudinally and helically. March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 4 D. The joints of the pretensioned concrete cylinder pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified in AWWA C303-78. E. A Portland cement mortar shall be used to fill the annular space both inside and outside of joints in the pretensioned concrete cylinder pipe. (1) Portland cement used in the mortar shall conform to "Standard Specifications and Test for Portland Cement" A.S.T.M. serial designations C150 and C77. (2) Sand for the mortar shall conform to A.S.T.M. designation C-33-52T for fine aggregate. (3) The exterior joints on pretensioned concrete cylinder pipe shall be poured with a heavy duty diaper. a. The width of the diaper shall be nine inches. b. The band shall be provided with 3/8 inch x 0.20 steel straps on each side. 2.5 PIPE FITTINGS A. General: Pipe fittings shall be of a type and design especially suitable for use with the type of piping with which they are installed. Pressure rating of fittings shall not be less than that of the pipe. B. All ductile iron fittings shall have an external bituminous coating and shall be cement lined in accordance with AWWA C 104. C. Fittings shall be ductile iron and shall be mechanical joint or push -on joint unless otherwise specified or shown on the Drawings. D. Ductile Iron Fittings — Ductile iron fittings shall conform to AWWA C 153 110. Fittings shall be mechanical joint or push -on joint unless otherwise specified or shown on the Drawings. E. All fittings shall have a pressure rating equal to that of the pipe with which they are used but in no case less than 150 psi. F. Unless otherwise indicated, all ductile iron fittings shall have an external bituminous coating and shall be cement -lined in accordance with the specifications for coating and lining the pipe. G. All ductile iron fittings shall be cast from the same quality of metal used in casting ductile iron pipe and shall be subjected to the same test requirements. Marking and weighing shall be as required for ductile iron pipe. H. Where flanged fittings are used, the flanges shall be of the same material as the fitting. Where bell or mechanical joint fittings are used, the bells shall be cast integrally with the fitting. Screwed -on bells will not be acceptable. S 2.6 FLEXIBLE COUPLINGS AND FLANGED COUPLING ADAPTERS .. A. Flanged coupling adapters and flexible couplings shall be provided at the locations shown on the Drawings and at other locations required for installation of the piping system. B. Flanged coupling adapters will be provided with anchoring studs to provide thrust restraint. il Epoxy coated sheet construction shall be used for all couplings. All bolts, nuts, and washers shall be stainless steel. 2.7 PIPE JOINTS A. Push -on Joints — Push -on joints shall be as specified in AWWA Standard C111. March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 5 �x UNPAVED ROADS IMPROVEMENTS B. Mechanical Joints — Mechanical joints shall be as specified in AWWA Standard CI 11. 2.8 STEEL CASING A. Steel casing shall be new welded steel pipe with minimum yield strength of 35,000 psi meeting ASTM A36. The exterior of the casing pipe shall have a bituminous coating. B. Casing wall thickness for installation shall be in accordance with the City of Lubbock Design Standards and Specifications. C. Casing spacers shall be used to install carrier pipe inside the encasement pipe and to provide support around the periphery of the pipe should the pipe twist as it is pushed through the casing. D. The spacers shall be of a projection type that has a minimum number ofprojections around the circumference totaling the number of diameter inches. For example, eight (8) inch pipe shall have a minimum of eight (8) projections and eighteen (18) inch pipe shall have a minimum of eighteen (18) projections. E. Casing spacers shall use double backed tape, provided with the spacers, to fasten tightly onto the carrier pipe so that the spacers do not move during installation. Installation instructions shall be provided with each shipment. F. Casing spacers shall have a span of ten (10) feet to six (6) feet dependent on the total load anticipated with the pipe full of liquid. The maximum load shall not exceed the load limits per spacer listed in the brochure. G. These values in the brochure include conservative safety factors for class spacer used. Spacers shall have minimum height that clears the pipe bell or as otherwise indicated on plans. H. Casing spacers shall be projection type totally non-metallic spacers constructed of preformed sections of high -density polyethylene. Spacers shall be ISO 9002 certified for strength and quality. I. Manufacturer: Projection type spacers shall be Raci type spacers, or equal approved by the Engineer, along with wrap around end seal made of 1/8" think rubber with stainless steel bands. 2.9 VALVES A. Valves that are twelve (12) inches and smaller shall be gate valves unless otherwise noted on the plans or specified herein. All valves shall be designed for a working pressure of at least 150 psi unless otherwise noted. B. Gate Valves: (1) All gate valves shall be resilient seat or double disk parallel seat, iron body; bronze mounted throughout and shall meet all requirements of AWWA C 509. (2) The valves shall be of the type of joint used in the piping. (3) All valves shall open by turning to the left, and unless otherwise specified, shall have non -rising stem when buried and outside screw and yoke when exposed, and be furnished with a two (2) inch operating nut when valves are buried and shall be furnished with hand wheels when exposed. (4) Gate valves shall be furnished with O-ring stem packing. March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 6 UNPAVED ROADS IMPROVEMENTS (5) All gate valves shall be designed to withstand a working pressure of 200 psi unless otherwise noted. (6) Gate valves shall be meet the City of Lubbock Design Standards and Specifications. (7) All ductile iron shall conform to A536 Grade 65-45-12. Castings shall be clean and sound without defects that will impair their service. No plugging or welding of such defects will be allowed. (8) Bolts shall be electro-zinc plated steel with hex heads and hex nuts in accordance with ASTM 307 and A563, respectively. (9) All parts for valves furnished must be standard and completely interchangeable with valves of the same brand. Successful bidder to furnish to the Owner, upon request, a letter stating the type of valves to be installed and a letter from the manufacturer stating that the parts are standard and interchangeable. C. Valve Boxes and Extension Stems: (1) Extension stems shall be furnished on buried valves where the top of the operating nut is more than ninety (60) inches below fmished grade. Top of the extension stem shall not be more than thirty-six (36) inches below the top of the valve box. (2) Buried valves shall be provided with cast iron valve boxes. (3) The boxes shall be designed to fit over a section of six (6) inch C 900 PVC riser pipe, which will be used, as an extension from the top of the valve to within six (6) inches of the ground surface. (4) The box shall have a heavy cast iron cover marked "Water". (5) The box shall have a flange type base, with the base being approximately four (4) inches larger in diameter than the outside diameter of the barrel of the box. (6) The necessary length of the six (6) inch C 900 PVC riser pipe required for the extension shall be considered as a part of the box. (7) Valve boxes shall be East Jordan Iron Works No. 8453, or approved equal. D. FIRE HYDRANTS (1) Hydrants shall meet the City of Lubbock Design Standards and Specifications (2) Hydrants shall meet AWWA C-502 (3) Hydrants shall have an iron body, bronze mounted throughout and be designed for working pressure of 150 psi. (4) Hydrants shall be traffic model type with a 5-1/4-inch valve opening, two (2) 2-1/2-inch ' hose nozzles, and one (1) 4-inch steamer nozzle. (5) The hydrant shall be for a 6-inch main. 2.10 POLYETHYLENE WRAP A. All buried valves and fittings shall be thoroughly wrapped prior to installation with a polyethylene material meeting the requirements of ASTM D 1248. B. The polyethylene material shall have a minimum thickness of eight (8) mils. C. The wrap shall be secured by two (2) inch duct tape. March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 7 UNPAVED ROADS IMPROVEMENTS 2.11 JOINT RESTRAINTS A. Uniflange series 1500 joint restraint for PVC pipelines or approved equal. B. Must meet all pressure testing requirements of ASTM F-1674. C. Materials must meet requirements of ASTM A-536. D. Install per manufacturer's recommendations. 2.12 CONCRETE A. Concrete may be used for blocking the pipe and fittings and shall conform to the concrete specifications, as set forth in the Section 03300 Cast -in -Place Concrete, except a minimum compressive strength of 2,800 psi will be acceptable. PART 3 - EXECUTION 3.1 GENERAL A. All pipe and accessories shall be unloaded, handled, laid, jointed, tested for defects and for leakage, and disinfected in the manner herein specified. 3.2 INSPECTION A. The pipe, fittings, and accessories shall be inspected upon delivery and during the progress of the Work and any material found to be defective will be rejected by the Engineer, and the Contractor shall remove such defective material from the site of the Work. 3.3 RESPONSIBILITY FOR MATERIALS A. The Contractor shall be responsible for all material furnished and shall replace, at the Contractor's expense, all such material that is found to be defective in manufacture or has become damaged in handling after delivery. 3.4 HANDLING PIPE AND ACCESSORIES A. All pipe, fittings, and other accessories shall, unless otherwise directed, be unloaded at the point of delivery, hauled to and distributed at the site of the Work by the Contractor. B. In loading and unloading, they shall be lifted by hoists or slid, or rolled on skidways in such a manner as to avoid shock or damage to the materials. Under no circumstances shall they be dropped. Pipe handled on skyways must not be skidded or roiled against pipe already on the ground. C. The pipe, fittings, and accessories shall be placed along the site in such a manner as to be kept as free as possible from dirt, sand, mud, and other foreign matter. 3.5 ALIGNMENT AND GRADE A. All pipe shall be laid and maintained to the lines and grades shown on the plans or as established on the ground by the Engineer. B. The Contractor shall verify horizontal and vertical locations of items critical to the alignment and grade of the proposed water line. C. Confirm compliance with the Drawings and Specifications. D. Wherever it is necessary to deflect pipe from a straight line either in a vertical or horizontal plane to avoid obstructions, to plumb valves, or where vertical or horizontal curves are shown March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 8 UNPAVED ROADS IMPROVEMENTS or permitted, the degree of deflection at each joint shall not exceed the maximum deflection noted on the Drawings. 3.6 MANNER OF HANDLING PIPE AND ACCESSORIES IN TRENCH A. After the trench grade has been completed, all bell holes dug and the grade inspected, the pipes and accessories may be placed in the trench. B. All pipe and fittings shall be carefully lowered into the trench piece by piece by means of derricks, ropes, or other suitable tools or equipment, in such a manner so as to prevent damage to the material in any way. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. 3.7 CLEANING AND INSPECTING A. Before lowering into the trench, the pipe shall be again inspected for defects and the pipe, while suspended, shall be lightly hammered to detect cracks. Any defective, damaged, or unsound pipe and materials shall be rejected. B. All foreign matter or dirt shall be removed from the inside of the pipe and from all bells, spigots, or parts of the pipe used in forming the joint, before the pipe is lowered into the trench, and it shall be kept clean by approved means during and after laying. C. At a time when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and no trench water shall be allowed to enter the pipe. 3.8 LAYING AND JOINTING PVC PIPE A. General: Unless otherwise directed, pipe shall be laid with bells facing in direction of laying; and for lines on appreciable slopes, bells shall, at the discretion of the Engineer, face up grade. B. Cutting of pipe for inserting fittings or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or the cement lining. C. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench overnight. At times when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and not trench water shall be permitted to enter the pipe. D. No pipe shall be laid in water, or when the trench conditions or weather are unsuitable for such work, except by permission of the Engineer. E. Before laying the pipes, all lumps, blisters, and excess coating shall be removed from the bell and spigot ends of each pipe; the outside of the spigot and the inside of the bell shall be wire brushed and wiped clean and dry. Pipe ends shall be kept clean until joints are made. F. Defective joints shall be repaired as directed by the Engineer. G. Mechanical Joint Piping: (1) The last eight (8) inches outside of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned to remove oil, grit, excess coating, and other foreign matter from the joint, and then painted with lubricant recommended by the pipe manufacturer. (2) The cast iron gland shall then be slipped on the spigot end of the pipe with the lip extension of the gland toward the socket or bell end. (3) The rubber gasket shall be painted with lubricant recommended by the pipe manufacturer and placed on the spigot end with the thick edge toward the gland. March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 9 UNPAVED ROADS IMPROVEMENTS (4) The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. (5) The gasket shall then be pressed into place within the bell; care shall be taken to locate the gasket evenly around the entire joint. (6) The gland shall be moved along the pipe into position for bolting, all of the bolts inserted, and the nuts screwed up tightly with the fingers. (7) All nuts shall be tightened with a suitable torque limiting wrench. (8) Nuts spaced 180 degrees apart shall be tightened alternately in order to produce an equal pressure on all parts of the gland. H. If water gets in the trench before the joint is completed, or if the pipe is disturbed from line and grade after being laid, the pipe shall be taken up, the joints cleaned and the pipe re-laid. I. Immediately after completion of the jointing, sufficient bedding and backfill material shall be placed around and over the pipe to hold the pipe to line and grade. J. Pre -molded joints shall be made in accordance with the recommendations of the manufacturer of the pipe. K. The surfaces of the jointing material on both the bell and spigot at each joint shall be wiped with the solvent recommended by the pipe manufacturer. L. The spigot shall then be firmly forced into the bell using a bar or other similar lever and a block of wood to prevent damage to the pipe. 3.9 PLUGGING DEAD ENDS A. Standard plugs shall be inserted into the bells of all dead ends and pipes, tees, or crosses and spigot ends shall be capped. B. Plugs or caps shall be jointed to the pipe or fittings in the same manner used in jointing the pipe. C. All plugs and caps shall have horizontal thrust blocks. 3.10 FITTINGS A. Fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. Concrete blocking shall be provided for all buried fittings. 3.11 SETTING VALVES, VALVE BOXES, FIRE HYDRANTS AND FITTINGS A. Valves and fittings shall be set at the locations shown on the Drawings and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. B. All valves shall be hub end as required and all valves buried in the ground shall have a cast iron or precast concrete valve box set over the valve. C. All valves shall be set vertical, unless otherwise specified, and shall be thoroughly checked for operation prior to installation. D. After pressure has been applied to the line, stuffing boxes shall be checked for operation prior to installation. E. After pressure has been applied to the line, stuffing boxes shall be checked and tightened if necessary. March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 10 UNPAVED ROADS IMPROVEMENTS F. Valve Boxes: (1) Valve boxes shall be firmly supported and maintained centered and plumb over the wrench nut of the valve, with the box cover flush with the surface of the ground or at such a level as directed by the Engineer. (2) All valve boxes under pavement shall be adjusted to finished pavement grades. G. Fire Hydrants: (1) Fire hydrants shall be located at the points shown on the Drawings. (2) All fire hydrants shall be set plumb, to the grade established on the Drawing, and with the steamer nozzle at right angles to the street. (3) Hydrants shall be supported in such a manner as not to cause a strain on the fire hydrant lead or branch. (4) The bowl of the hydrant shall be well braced against unexcavated earth at the end of the trench with concrete blocking. (5) The concrete blocking shall be placed so as not to interfere with the hydrant drains and so that the joints of the flanges are accessible. (6) Blocking of gate valves on fire hydrants leads shall be with concrete as shown on the Drawings. (7) The hydrants shall be thoroughly cleaned of dirt or foreign matter and checked for operation prior to installation. Drain holes shall not be blocked or sealed. (8) Fire hydrants shall be installed and maintained so that the center of the lowest water outlet shall be eighteen (18) inches from the ground. (9) Fire hydrants shall be installed with the four (4) inch nozzle facing the required access way. 3.12 THRUST RESTRAINT A. All fittings, valves and fire hydrants, unless otherwise specified, shall be provided with suitably restrained joints per the manufacturer's recommendation. B. Restrained push -on or mechanical joints, mechanical joint anchoring fittings, and mechanical joints utilizing setscrew ductile iron retainer glands shall be used in lieu of concrete thrust blocking. Thrust blocking will be allowed only under special circumstances as approved by the Engineer. 3.13 EXCAVATION, TRENCHING AND BACKFILLING. A. Backfill and compaction shall be performed in accordance of COL Ordinance 2007-00122. B. Backfill around pipe with specified granular bedding material that is free of large rocks, topsoil, debris or other unacceptable material. C. The backfill around the pipe shall be shovel sliced around the haunch of the pipe and mechanically compacted or hand tamped to a point 12 inches above the top of the pipe. D. Backfill from 12 inches above the pipe to the finished grade will be as follows: (1) For unpaved areas: March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 11 UNPAVED ROADS IMPROVEMENTS a. Use excavated material that is free of large rocks, debris or other material determined unsuitable by the Owner's Representative. Backfill shall be placed in maximum six (6) inch lifts and compacted to 95% Standard Proctor Density at +/- 2% optimum moisture content. b. Each lift shall be tested at a maximum of 500 feet intervals according to ASTM designation D-698. c. These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidder's expense. d. Copies of these tests shall be provided to the Owners Representative. (2) For paved areas: a. Place Cement Stabilized Backfill (CSB) meeting City of Lubbock Standards under the bottom of the pavement in a minimum thickness of 12". b. The backfill from 12-inches above the top of pipe to the CSB shall be in placed in maximum 6 inch lifts and compacted to 95% Standard Proctor Density. c. Each lift shall be tested at a maximum of 500 feet intervals according to ASTM designation D-698. d. These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidder's expense. e. Copies of these tests shall be provided to the Owners Representative. (3) The City of Lubbock will perform random spot testing at no expense to the contractor. 3.14 LINE TESTING A. After the pipe is laid and the joints completed, each section or run of piping, shall be tested as specified herein. The Contractor shall bear all costs of providing all equipment, materials, labor, and other incidentals required to test pipe lines as specified herein. B. The Contractor shall provide suitable means for filling the lines and developing the required pressure in the lines. C. Testing procedure shall be as follows: (1) Duration — The duration of the hydrostatic test shall be a minimum of four (4) hours. (2) Pressure — The pipeline shall be tested so that the pressure at the lowest point in the test section is at least 100 percent, but not greater than 120 percent of the pressure class of the pipe, and the minimum pressure at the highest point in the test section is not less than 85 percent of the pressure class of the pipe. D. Allowable Leakage — The maximum allowable leakage for push -on joints is the number of gallons per hour as determined by the following formula(s): E. PVC: Ductile Iron: (1) L = ND(P) %z L = SD(P) (2) 7,400 133,200 (3) where: a. L = allowable leakage in gallons per hour March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 12 UNPAVED ROADS IMPROVEMENTS b. N = number of joints in length of pipe tested c. S = length of pipe d. D = nominal diameter of the pipe in inches e. P = average of the maximum and minimum pressures within the test section in psi F. Any leakage which becomes evident prior to final acceptance of the project shall be found and repaired to the satisfaction of the Engineer even though the particular line has been previously accepted and tested. 3.15 DISINFECTION OF PIPE LINES A. The Contractor shall furnish all labor, equipment, and materials necessary for the disinfection of all pipe lines, which shall be disinfected before being placed in service. B. The lines shall be disinfected by the application of a chlorinating agent in accordance with the requirements of AWWA C 651, include the placement of hypochlorite granules in the pipe during construction. C. The Contractor shall notify the Engineer 48 hours in advance of disinfection so that the Engineer or Owner's Representative may witness the disinfection activities. D. Quality Assurance: (1) Bacteriological sampling and test will be performed in accordance with the latest requirements of Standard Methods for the Examination of Water and Wastewater. (2) The City of Lubbock laboratory will be used for bacteriological testing. E. Chemicals: (1) Acceptable disinfectants are liquid and solid forms of hypochlorites. Chlorine gas is not acceptable. (2) Acceptable chemicals for neutralizing chlorinated water are liquid and solid forms of sodium bisulfate, sodium sulfite, and sodium thiosulfate. (3) The water being used to fill the line shall be controlled to flow into the section to be sterilized very slowly, and the rate of application of the chlorinating agent shall be proportioned at least fifty (50) parts per million in the water entering the pipe. F. Temporary Facilities: (1) Provide temporary taps or blowoffs as required. As a minimum, use a two (2) inch diameter steel pipe and fittings with isolation valves and sampling taps. (2) Water used for the initial flushing as well as the final chlorination shall be introduced into the pipeline through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. (3) No connection to the existing distribution system is allowed until the pipeline has passed all bacteriological testing. G. Final Flushing: (1) Flush the water system of the highly chlorinated water within twenty-four (24) hours of initial chlorination. (2) Flush water in a location and manner approved by the Engineer. March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 13 UNPAVED ROADS IMPROVEMENTS (3) Neutralize the highly chlorinated water to a maximum free chlorine residual of 1.0 mg/L. H. Sampling and Analysis: (1) Collect bacteriological samples at intervals no more than 1000 feet and one (1) sample from each end of the pipeline in the presence of the Engineer or Owner's representative. (2) The Owner's representative or the Engineer shall deliver the samples to the City of Lubbock Health Department or the City of Lubbock Water Treatment Laboratory for analysis. (3) Collect samples after the initial disinfection and after the facilities have been filled with chlorinated water and a free chlorine residual of at least 0.5 mg/L has been detected. I. Acceptance: (1) Facilities will be considered properly disinfected when two (2) consecutive sets of acceptable bacteriological samples, taken at least twenty-four (24) hours apart, have indicated the absence of coliform organisms. J. After acceptance by the Engineer, remove all temporary facilities and properly plug test taps. The pipeline may then be connected to the City of Lubbock water distribution system. 3.16 INSTALLATION OF STEEL PIPE CASING AND PIPE IN CASING A. Installation of the casing pipe sleeves shall be accomplished by boring as specified herein. B. Equipment used shall be such size and capacity as to allow the placement of the casing to proceed in a safe and expeditious manner. Installation of the casing and the excavation and removal of the materials within the casing shall proceed simultaneously. C. The boring shall proceed from a pit provided for the boring equipment and workers. D. Excavation and location of the pit shall be approved by the Engineer and County as appropriate. E. Boring without the concurrent installation of the casing pipe will not be permitted. F. The use of water or other fluids in connection with the boring operation will be permitted only to the extent of lubricating cuttings. G. Jetting will not be permitted. H. Overcutting in excess of one (1) inch shall be remedied by concrete pressure grouting the entire length of the installation. I. All casing pipe joints shall be welded. J. Care shall be taken to keep the pipe sleeve on the proper line and grade. K. After the casing pipe has been j acked and bored and is accepted by the Engineer, the pipe shall be shoved through the casing. L. The pipe shall be pushed or pulled through the casing by exerting pressure on the barrel ofthe pipe and not on the bell, and shall be done in such a manner that the joint is always in compression during the shoving operation. 3.17 PIPE IDENTIFIERS A. Marking Tape: March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 14 UNPAVED ROADS IMPROVEMENTS y(1) All pipes installed in an open trench will be identified with the appropriate color and description of three (3) inch wide pipe identification tape. (2) Install the tape parallel to the pipe it identifies at a distance above the pipe of twelve (12) to eighteen (18) inches. (3) Above non-metallic (PVC) pipe material, install a tape detectable with a metal detector from the top of finished grade. (4) Install detectable tape as deep as it can be detected but no closer to the non-metallic pipe than twelve (12) inches. B. Locator Wire: (1) On non-metallic (PVC) pipe material, install twelve (12) gauge minimum solid copper with 30 mil HDPE thermoplastic insulation directly above piping. 3.18 CLEANUP A. The backfill shall be rounded up over the trench sufficiently to allow for future settlement and any excess dirt shall be removed from the site. B. The Contractor shall maintain the trench surfaces in a satisfactory manner until final completion and acceptance of the Work. C. The maintenance shall include blading from time to time as necessary, filling depressions caused by settlement, and other work required to keep areas in a presentable condition. END OF SECTION March 2018 WATER PIPING, VALVES AND FITTINGS 02665 - 15 No Text UNPAVED ROADS IMPROVEMENTS SECTION 03300 CAST -IN -PLACE CONCRETE PART I - GENERAL - 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. z 1.2 SECTION INCLUDES A. This Section includes, but is not limited to cast -in place concrete, including formwork, reinforcing, mix design, placement procedures, curing, and finishes. B. Cast -in -place concrete includes but is not limited to the following: (1) Concrete Rip -rap. (2) Sign anchors. (3) ADA ramps. (4) Illumination pole foundations. (5) Inlets, headwalls, wingwalls, and aprons. (6) Utility encasements. (7) Cast -in -place manhole bases and manhole riser supports at pipe tee locations. C. Concrete for pavement, sidewalk, curb and gutter, driveways, and alleys shall meet the City of Lubbock Public Works Engineering Minimum Design Standards and Specifications. 1.3 SUBMITTALS A. General: Submit the following according to Conditions of the Contract and Division 1 Specification Sections. B. Product data for proprietary materials and items, including reinforcement and forming accessories, admixtures, patching compounds, joint systems, curing compounds, and others if requested by Engineer. C. Design Mixes: For each concrete mix. D. Shop drawings for reinforcement detailing fabricating, bending, and placing concrete reinforcement. Comply with ACI 315 "Manual of Standard Practice for Detailing Reinforced Concrete Structures" showing bar schedules, stirrup spacing, bent bar diagrams, materials, steel grades, and arrangement of concrete reinforcement and methods of support. Include special reinforcing required for openings through concrete structures. E. Laboratory test reports for concrete materials and mix design test. F. Formwork shop drawings: Prepared by or under supervision of a qualified Professional Engineer detailing fabrication, assembly, and support of formwork. Design and Engineering of formwork are Contractor's responsibility. G. Shoring and Rehhoring: Indicated proposed schedule and sequence of stripping formwork, shoring removal and installing and removing reshoring. March 2018 CAST -IN -PLACE CONCRETE 03300 - 1 i UNPAVED ROADS IMPROVEMENTS 1.4 QUALITY ASSURANCE A. Codes and Standards: Comply with provisions of the following codes, specifications, and standards, except where more stringent requirements are shown or specified: (1) American Concrete Institute (ACI) 301, "Specifications for Structural Concrete for Buildings." (2) ACI 318, "Building Code Requirements for Reinforced Concrete." (3) Concrete Reinforcing Steel Institute (CRSI) "Manual of Standard Practice." (4) American Concrete Institute (ACI) 305R, "Hot Weather Concreting." (5) American Concrete Institute (ACI) 306R, "Cold Weather Concreting." (6) American Concrete Institute (ACI) 306.1, "Standard Specification for Cold Weather Concreting." (7) American Concrete Institute (ACI) 350R, "Environmental Engineering Concrete Structures." (8) American Concrete Institute (ACI) 117, "Specifications for Tolerances for Concrete Construction and Materials." B. Concrete Testing Service: Engage a testing agency acceptable to Owner to perform material evaluation tests and to design concrete mixes. Agency shall be qualified according to ASTM C 1077 and ASTM E 329 to conduct the testing indicated. (1) Personnel conducting field test shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-I or an equivalent certification program. C. Materials and installed Work may require testing and retesting at any time during progress of Work. Tests, including retesting of rejected materials for installed Work, shall be done at Contractor's expense. D. Installer Qualifications: An experienced installer who has completed concrete work similar in material, design, and extent to that indicated for this project and whose work has resulted in construction with a record of successful in-service performance. E. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94, "Requirements for Production Facilities and Equipment." (1) Manufacturer must be certified according to the National Ready Mixed Concrete Association Certification of Ready Mixed Concrete Production Facilities. PART 2 - PRODUCTS 2.1 FORM MATERIALS A. Refer to city of Lubbock Public Works Engineering Minimum Design Standards and Specifications. 2.2 REINFORCING MATERIALS A. Refer to city of Lubbock Public Works Engineering Minimum Design Standards and Specifications. March 2018 CAST -IN -PLACE CONCRETE 03300 - 2 UNPAVED ROADS IMPROVEMENTS 2.3 CONCRETE MATERIALS A. Refer to city of Lubbock Public Works Engineering Minimum Design Standards and Specifications. 2.4 CURING COMPOUND A. Liquid -type membrane -forming curing compound with white pigment complying with ASTM C 309, Type 2, Class A. Moisture loss not more than 1.0 pounds per square yard when applied at 200 sq. ft./gal. 2.5 RELATED MATERIALS A. Dovetail Anchor Slots: Hot -dip galvanized sheet steel, not less than 0.0336 inch thick with bent tab anchors. Fill slot with temporary filler or cover face opening to prevent intrusion of concrete or debris. B. Sand Cushion: Clean, manufactured or natural sand with plasticity index of 8 or less. C. Bonding Agent: Polyvinyl acetate or acrylic base. D. Epoxy Adhesive: ASTM C 881, two -component material suitable for use on dry or damp surfaces. Provide material type, grade, and class to suit Project requirements. - 2.6 PROPORTIONING AND DESIGNING MIXES A. Prepare design mixes for each type and strength of concrete by either laboratory trial batch or field experience methods as specified in ACI 301. For the trial batch method, use an independent testing agency acceptable to Engineer for preparing and reporting proposed mix designs. (1) Do not use the same testing agency as Owner for field quality control testing. B. Submit written reports to Engineer of each proposed mix for each class of concrete at least _ 15 days prior to start of Work. Do not begin concrete production until proposed mix designs have been reviewed by Engineer. Do not submit mix designs for other projects or that are over 60 days of age. Do not submit concrete cylinder strength reports from other projects that are older than 45 days, or that are not of the proposed mix design. C. Standard design mix to be used unless noted otherwise, provide normal weight concrete with the following properties: (1) Refer to city of Lubbock Public Works Engineering Minimum Design Standards and Specifications. D. Water related structures mix design: Provide normal weight concrete with the following properties: (1) 4500 psi, 28-day compressive strength. (2) Type I cement (3) Fly Ash: 30% of total cementitious weight. (4) Minimum slump: 6 inches (5) Maximum slump: 8 inches (6) Maximum water cementitious material ratio:.40 (7) Add air -entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of 5 to 7 percent, unless otherwise indicated. March 2018 CAST -IN -PLACE CONCRETE 03300 - 3 UNPAVED ROADS IMPROVEMENTS (8) Waterproofing admixture. (9) Floor hardener admixture. E. Adjustment to Concrete Mixes: 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. Laboratory test data for revised mix design and strength results must be submitted to and accepted by Engineer before using in Work. 2.7 ADMIXTURES A. Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in concrete, as required, for placement and workability. B. Use accelerating admixture in concrete slabs placed at ambient temperatures below 50 deg F. C. Use admixtures for water reduction and set accelerating or retarding in strict compliance with manufacturer's directions. D. Use water -reducing admixture in pumped concrete, concrete required to be water tight, and concrete with a water cementitious materials ratio below 0.50. E. Limit water-soluble, chloride ion content in hardened concrete to 0.15 percent by weight of cement. 2.8 CONCRETE MIXING A. Ready -Mixed Concrete: Comply with requirements of ASTM C 94, and as specified. (1) When air temperature is between 85 deg F and 90 deg F, reduce mixing and delivery time from 1-1/2 hours to 75 minutes, and when air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes. 2.9 FLOWABLE FILL Flowable fill shall consist of a concrete mixture of pea gravel and sand with a cement content of 2 sacks per cubic yard. Flowable fill shall be used for backfill in all utility ditches within the right of way, and other areas as specified. PART 3 - EXECUTION 3.1 GENERAL A. Coordinate the installation of joint materials, vapor retarder, and other related materials with placement of forms and reinforcing steel. Before concrete placement operations begin, the substrate shall be fully prepared. Contractor shall be responsible for verifying that all work which will be embedded is complete and necessary inspections have been performed. Pour stops or bulkheads shall be in place and reinforcement shall be secured in proper location. 3.2 FORMS A. General: Design, erect, support, brace, and maintain formwork to support vertical, lateral, static, and dynamic loads that might be applied until concrete structure can support such loads. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation, and position. Maintain formwork construction tolerances and surface irregularities complying with the following ACI 347 limits: (1) Provide Class A tolerances for concrete surfaces exposed to view. (2) Provide Class C tolerances for other concrete surfaces. t.� March 2018 CAST -IN -PLACE CONCRETE 03300 - 4 UNPAVED ROADS IMPROVEMENTS n, B. 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, rustications, reglets, chamfers, blocking, screeds, bulkheads, anchorages and inserts, and other features required in the Work. Use selected materials to obtain required finishes. Solidly buttjoints and provide backup at joints to prevent cement paste from leaking. - C. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces where slope is too steep to place concrete with bottom forms only. Kerf wood inserts for forming keyways, reglets, recesses, and the like for easy removal. D. Provide temporary openings for clean -outs and inspections where interior area of formwork is inaccessible before and during concrete placement. Securely brace temporary openings and set tightly to forms to prevent losing concrete mortar. Locate temporary openings in forms at inconspicuous locations. E. Chamfer exposed corners and edges as indicated, using wood, metal, PVC, or rubber chamfer strips fabricated to produce uniform smooth lines and tight edge joints. F. Provisions for Other Trades: Provide openings in concrete formwork to accommodate work of other trades. Determine size and location of openings, recesses, and chases from trades providing such items. Accurately place and securely support items built into forms. G. 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. 3.3 PLACING REINFORCEMENT 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. (1) Avoiding cutting or puncturing vapor retarder during reinforcement placement and concreting operations. Repair damages before placing 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 chairs, runners, bolsters, 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. E. Install welded wire fabric in lengths as long as practicable. Lap adjoining pieces at least one full mesh and lace splices with wire. Offset laps of adjoining widths to prevent continuous laps in either direction. F. Do not weld reinforcing bars unless specifically shown. Where shown on the plans, comply with AWS DIA. Bars to be welded shall conform to ASTM A706. March 2018 CAST -IN -PLACE CONCRETE 03300 - 5 UNPAVED ROADS IMPROVEMENTS i 3.4 JOINTS A. A. Sawed Joints (1) The Contractor shall provide sawing equipment adequate in number of units and power to complete the sawing to the required dimensions. The Contractor shall provide at least one standby saw in good working order and a supply of saw blades atthe site of the work at all times during sawing operations. (2) Joints shall be cut as shown on the plan. The circular cutter shall be capable of cutting a groove in a straight line and shall produce a slot of at least 1/8-inch wide and to the depth shown on the plans. When shown on the plans or required by the specifications, the top portion of the slot or groove shall be widened by means of a second shallower cut. (3) Sawing of the joints shall commence as soon as the concrete has hardened sufficiently to support the saws (no longer than 6 hours after surface finishing) and permit cutting without chipping, spalling, or tearing (per ACI 330R). (4) Sawing shall be carried on both during the day and night as required to meet minimum time constraints. The joints shall be sawed at the required spacing consecutively in sequence of the concrete placement, unless otherwise approved by the Engineer. B. Curb and gutter (Class A concrete) shall be constructed with an expansion joint at the tangent point of each return at intersections and at intervals not more than 40 feet between the intersections. (1) Construction joints formed by removable metal templates accurately shaped to the cross- section of the curb and gutter shall be located at the midpoint of each section between expansion joints, or as directed by the Engineer. (2) Tooled contraction joints cut at least one quarter the concrete depth shall be placed at 10 foot intervals. C. Construction Joints: Locate and install construction joints so they do not impair strength or appearance of the structure, as acceptable to Engineer. D. Place construction joints perpendicular to main reinforcement. Continue reinforcement across construction joints except as indicated otherwise. Do not continue reinforcement through sides of strip placements. E. Use bonding agent on existing concrete surfaces that will be joined with fresh concrete. F. Waterstops: Provide waterstops in construction joints as indicated. Install waterstops to form continuous diaphragm in each joint. Support and protect exposed waterstops during progress of work. Field fabricate joints in waterstops according to manufacturer's printed instructions. G. Isolation Joints in Slabs -on -Grade: Construct isolation joints in slabs -on -grade at points of contact between slabs -on -grade and vertical surfaces, such as column pedestals, foundation walls, grade beams, and other locations, as indicated. H. Contraction (Control) Joints in Slabs -on -Grade: Construct contraction joints in slabs -on -grade to form panels of patterns as shown. March 2018 CAST -IN -PLACE CONCRETE 03300 - 6 UNPAVED ROADS IMPROVEMENTS 3.5 INSTALLING EMBEDDED ITEMS A. General: Set and build into formwork anchorage devices and other embedded items required for other work that is attached to or supported by cast -in -place concrete. Use setting drawings, diagrams, instructions, and directions provided by suppliers of items to be attached. B. Install dovetail anchor slots in concrete structures as indicated on drawings. C. Forms for Slabs: Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and contours in finished surfaces. Provide and secure units to support screed strips using strike -off templates or compacting -type screeds. D. Ends of storm sewer pipe to be embedded in cast -in -place walls shall be in place prior to setting formwork and reinforcement, floor slab inclusive. 3.6 PREPARING FORM SURFACES A. General: Coat contact surfaces of forms with an approved, nonresidual, low-VOC, form -coating compound before placing reinforcement. B. Do not allow excess form -coating material to accumulate in forms or come into contact with in -place concrete surfaces against which fresh concrete will be placed. Apply according to manufacturer's instructions. (1) Coat steel forms with a nonstaining, rust -preventative material. Rust -stained steel formwork is not acceptable. 3.7 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. Deposit concrete to avoid segregation at its final location. D. Placing Concrete in Forms: Deposit concrete in forms in horizontal layers no deeper than 24 inches and in a manner to avoid inclined construction joints. Where placement consists of several layers, place each layer while preceding layer is still plastic to avoid cold joints. (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 farther 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. E. Placing Concrete Slabs: Deposit and consolidate concrete slabs in a continuous operation, within limits of construction joints, until completing placement of a panel or section. March 2018 CAST -IN -PLACE CONCRETE 03300 - 7 UNPAVED ROADS IMPROVEMENTS (1) Consolidate concrete during placement operations so that concrete is thoroughly worked around reinforcement, other embedded items and into corners. (2) Bring slab surfaces to correct level with a straightedge and strike off. Use bull floats or darbies to smooth surface free of humps or hollows. Do not disturb slab surfaces prior to beginning finishing operations. (3) Maintain reinforcing in proper position on chairs during concrete placement. F. 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. G. When air temperature has fallen to or is expected to fall below 40 deg F, uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F and not more than 80 deg F at point of placement. (1) Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. (2) Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise accepted in mix designs. H. Hot -Weather Placement: When hot weather conditions exist that would impair quality and strength of concrete, place concrete complying with ACI 305R and as specified. (1) Cool ingredients before mixing to maintain concrete temperature at time of placement to below 90 deg F. 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. Using liquid nitrogen to cool concrete is Contractor's option. (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. I. Water maybe added to the concrete at the project site, subject to the following conditions: (1) Truck tickets indicate maximum amount of water that can be added without exceeding the maximum specified water/cement ratio. (2) Water is added in a manner to control volume added. (3) Concrete is properly re -mixed after addition of water. (4) Inspector is notified, if concrete placement requires inspection. (5) Site added water should be done prior to taking concrete samples for testing. (6) Do not add water to concrete after adding high range water -reducing admixtures to mix. March 2018 CAST -IN -PLACE CONCRETE 03300 - 8 UNPAVED ROADS IMPROVEMENTS 3.8 FINISHING FORMED SURFACES A. Rough -Formed Finish: Provide a rough -formed fmish on formed concrete surfaces not exposed to . v view in the finished Work or concealed by other construction. This is the concrete surface having i texture imparted by form -facing material used, with tie holes and defective areas repaired and patched, and fms and other projections exceeding 1/4 inch in height rubbed down or chipped off. B. Smooth -Formed Finish: Provide a smooth -formed finish on formed concrete surfaces exposed to view or to be covered with a coating material applied directly to concrete, or a covering material applied directly to concrete, such as waterproofing, dampproofing, veneer plaster, painting, or another similar system. This is an as -cast concrete surface obtained with selected form -facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch defective areas with fins and other projections completely removed and smoothed. C. Smooth -Rubbed Finish: Provide smooth -rubbed fmish on scheduled concrete surfaces that have received smooth -formed finish treatment not later than 1 day after form removal. (1) Moisten concrete surfaces and rub with carborundum brick or another abrasive until producing a uniform color and texture. Do not apply cement grout other than that created by the rubbing process. D. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike -off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed 1 surfaces unless otherwise indicated. 3.9 MONOLITHIC SLAB FINISHES A. Float Finish: Apply float finish to monolithic slab surfaces to receive trowel finish and other - finishes as specified; slab surfaces to be covered with membrane or elastic waterproofing, membrane or elastic roofing, or sand -bed terrazzo; and where indicated. (1) After screeding, consolidating, and leveling concrete slabs, do not work surface until ready for floating. Begin floating, using float blades or float shoes only, when surface water has disappeared, or when concrete has stiffened sufficiently to permit operation of power -driven floats, or both. Consolidate surface with power -driven floats or by hand -floating if area is small or inaccessible to power units. Finish surfaces to tolerances of F(F) 18 (floor flatness) and F(L) 15 (floor levelness) measured according to ASTM E 1155 . Cut down high spots and fill low spots. Uniformly slope surfaces to drains. Immediately after leveling, refloat surface to a uniform, smooth, granular texture. (2) Remove any efflorescence as soon as feasible after its appearance. If the efflorescence hardens, then remove with a mild detergent or a mild acid cleaner. B. Trowel Finish: Apply a trowel fmish to monolithic slab surfaces exposed to view and slab surfaces to be covered with resilient flooring, carpet, ceramic or quarry tile, paint, or another thin film - finish coating system. (1) After floating, begin first trowel -finish operation using a power -driven trowel. Begin final troweling when surface produces a ringing sound as trowel is moved over surface. Consolidate concrete surface by final hand -troweling operation, free oftrowel marks, uniform in texture and appearance, and finish surfaces to tolerances of F(F) 20 (floor flatness) and F(L) 17 (floor levelness) measured according to ASTM E 1155. Grind smooth any surface defects that would telegraph through applied floor covering system. March 2018 CAST -IN -PLACE CONCRETE 03300 - 9 UNPAVED ROADS IMPROVEMENTS C. Nonslip Broom Finish: Apply a nonslip broom finish to exterior concrete platforms, steps, and ramps, and elsewhere as indicated. (1) Immediately after float finishing, slightly roughen concrete surface by brooming with fiber - bristle broom perpendicular to main traffic route. Coordinate required final finish with Engineer before application. 3.10 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place, and cure concrete as specified to blend with in -place construction. Provide other miscellaneous concrete filling shown or required to complete Work. 3.11 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. Apply according to manufacturer's instructions after screeding and bull floating, but before power floating and troweling. B. Start initial curing as soon as free water has disappeared from concrete surface after placing and finishing. C. Curing Methods: Cure concrete by curing compound, and moisture -retaining cover curing. D. Apply curing compound on exposed interior slabs and on exterior slabs, walks, and curbs as follows: (1) Apply curing compound to concrete slabs as soon as final finishing operations are complete (within 1 hours and after surface water sheen has disappeared). Apply uniformly in continuous operation by power spray. Recoat areas subjected to rainfall within 3 hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.12 REMOVING FORMS A. General: Formwork not supporting weight of concrete, such as sides of beams, walls, columns, and similar parts of the work, may be removed after cumulatively curing at not less than 50 deg F 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. 3.13 REUSING FORMS A. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form -facing material will not be acceptable for exposed surfaces. Apply new form -coating compound as specified for new formwork. B. When forms are extended for successive concrete placement, thoroughly clean surfaces, remove fins and laitance, and tighten forms to close joints. Align and secure joint to avoid offsets. Do not use patched forms for exposed concrete surfaces except as acceptable to Engineer. March 2018 CAST -IN -PLACE CONCRETE 03300 - 10 UNPAVED ROADS IMPROVEMENTS 3.14 CONCRETE SURFACE REPAIRS A. Patching Defective Areas: Repair and patch defective areas with cement mortar immediately after removing forms, when acceptable to Engineer. B. Mix dry -pack mortar, consisting of one part portland cement to 2-1/2 parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling and placing. (1) Cut out honeycombs, rock pockets, voids over 1 /4 inch in any dimension, and holes left by tie rods and bolts down to solid concrete but in no case to a depth less than 1 inch. Make edges of cuts perpendicular to the concrete surface. Thoroughly clean, dampen with water, and brush -coat the area to be patched with bonding agent. Place patching mortar before bonding agent has dried. (2) For surfaces exposed to view, blend white portland cement and standard portland cement so that, when dry, patching mortar will match surrounding color. Provide test areas at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike -off slightly higher than surrounding surface. C. Repairing Formed Surfaces: Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction of Engineer. Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. Flush out form tie holes and fill with dry -pack mortar or precast cement cone plugs secured in place with bonding agent. (1) Repair concealed formed surfaces, where possible, containing defects that affect the concrete's durability. If defects cannot be repaired, remove and replace the concrete. D. Repairing Unformed Surfaces: Test unformed surfaces, such as monolithic slabs, 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. (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 nonreinforced sections regardless of width, spalling, popouts, honeycombs, rock pockets, and other objectionable conditions. (2) Correct high areas in unformed surfaces by grinding after concrete has cured at least 14 days. (3) Correct low areas in unformed surfaces during or immediately after completing surface finishing operations by cutting out low areas and replacing with patching mortar. Finish repaired areas to blend into adjacent concrete. Proprietary underlayment compounds maybe used when acceptable to Engineer. (4) Repair defective areas, except random cracks and single holes not exceeding 1 inch in diameter, by cutting out and replacing with fresh concrete. Remove defective areas with clean, square cuts and expose reinforcing steel with at least 3/4 inch clearance all around. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Mix patching concrete of same materials to provide concrete of same type or class as original concrete. Place, compact, and finish to blend with adjacent finished concrete. Cure in same manner as adjacent concrete. March 2018 CAST -IN -PLACE CONCRETE 03300 - 11 UNPAVED ROADS IMPROVEMENTS E. Repair isolated random cracks and single holes 1 inch or less in diameter by dry -pack method. Groove top of cracks and cut out holes to sound concrete and clean of dust, dirt, and loose particles. Dampen cleaned concrete surfaces and apply bonding compound. Place dry -pack before bonding agent has dried. Compact dry -pack mixture in place and finish to match adjacent concrete. Keep patched area continuously moist for at least 72 hours. If random cracks and single holes indicate weeping and leakage under adjacent hydrostatic head, seal with Avanti International Scotch Seal 5600 urethane, water -activated grout prior to dry packing. F. Perform structural repairs with prior approval of Engineer for method and procedure, using specified epoxy adhesive and mortar. G. Repair methods not specified above may be used, subject to acceptance of Engineer. 3.15 HYDRAULIC LEAKAGE REPAIR A. Joints, embedments and penetrations that exhibit leakage or weeping when under adjacent hydrostatic pressure shall be sealed with Avanti International Scotch Seal 5600 water -activated urethane grout. Procedures and surface fmish over urethane grout shall be as approved by the Engineer. 3.16 QUALITY CONTROL TESTING DURING CONSTRUCTION A. Sampling and testing for quality control during concrete placement shall be performed in accordance with the City of Lubbock Public Works Engineering Minimum Design Standards and Specifications. (1) Strength level of concrete will be considered satisfactory if averages of sets of three consecutive strength test results equal or exceed specified compressive strength and no individual strength test result falls below specified compressive strength by more than 500 psi. B. Test results will be reported in writing to Engineer, ready -mix producer, and Contractor 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-day tests. C. Additional Tests: The Contractor will make additional tests of in -place concrete when test results indicate specified concrete strengths and other characteristics have not been attained in the structure, as directed by Engineer. The Owner may require the Contractor to conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed. D. Questionable Concrete (1) Concrete shall be considered "Questionable Concrete" where any of the following test evaluations occur: a. Individual test strength is below specified strength; or b. Samples of concrete for acceptance test cylinders are not representative of concrete in -place in the structure; or C. Insufficient or inadequate concrete curing; or March 2018 CAST -IN -PLACE CONCRETE 03300 - 12 UNPAVED ROADS IMPROVEMENTS d. Insufficient number of acceptance test cylinders for day's concreting were made for testing. (2) Except where core tests will impair the strength of the structure, core test as directed by the Owner shall be made at no cost to the Owner to resolve Questionable Concrete. If core tests fail to demonstrate the test strength required by the contract documents or structural analysis does not confirm the adequacy of the structure, the Owner may, at his discretion, reject the work or require load tests or additional construction. Should structural analysis confirm the adequacy of the structure, the Owner may, at his discretion, accept the concrete with credit for the full value of the concrete delivered to the site in accordance with the General Conditions. 3 The Contractor shall a all costs incurred in providing the additional testing or analysis to () pay p g g Y - resolve the acceptability of Questionable Concrete. (4) Core Tests a. Three representative cores shall be taken from each member or area of concrete for each test considered questionable. Location of cores shall be as directed by the Owner to least impair the strength of the structure. Damaged cores shall be replaced. b. Cores shall be obtained and tested in accordance with ASTM C42 except that if concrete in the structure will be dry under service conditions the cores shall be air dried (temperature 60 degrees F. to 80 degrees F., and relative humidity less than 60%) for 7 days before test and shall be tested dry. If the concrete in the structure will be more than superficially wet under service conditions, the cores shall be immersed in water for at least 48 hours and tested wet. C. Questionable concrete will be considered structurally acceptable if the average of the cores is equal to or greater than 90% of the specified strength and no single core is greater than 500 psi below specified strength. END OF SECTION March 2018 CAST -IN -PLACE CONCRETE 03300 - 13 PUBLIC WORKS ENGINEERING MAYOR DANIEL M. POPE CITY COUNCIL JUAN A. CHADIS, SHELIA PATTERSON HARRIS, JEFF GRIFFITH, STEVE MASSENGALE, KAREN GIBSON, LATRELLE JOY CITY MANAGER W. JARRETT ATKINSON MUNICIPAL PAVING IMPROVEMENTS NORTH GUAVA AVENUE VICINITY MAP MAY 2017 SHEET INDEX G-1 GENERAL NOTES AND HORIZONTAL ALIGNMENT DATA T-1 TYPICAL SECTIONS P-1 PLAN AND PROFILE STA 0+00 - 11+50 P-2 PLAN AND PROFILE STA 11+50 - 14+50.89 DIRECTOR OF PUBLIC WORKS L. WOOD FRANKLIN, P.E. CITY ENGINEER MICHAEL G. KEENUM, P.E. C.F.M. GENERAL CONSTRUCTION ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH LATEST CITY OF LUBBOCK PUBLIC WORKS ENGINEERING DEPARTMENT MINIMUM REQUIREMENTS AND SPECIFICATIONS. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, THE CONTRACTOR SHALL EXAMINE THE CONTRACT DOCUMENTS AND SPECIFICATIONS, THE PLAN, INCLUDING ALL NOTES AND ANY OTHER APPLICABLE STANDARDS AND SPECIFICATIONS RELEVANT TO THE PROPER COMPLETION OF THE WORK SPECIFIED. FAILURE ON THE PART OF THE CONTRACTOR TO EXAMINE ALL STANDARDS OR SPECIFICATIONS PERTAINING TO THIS WORK SHALL IN NO WAY RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY OF PERFORMING THE WORK IN ACCORDANCE WITH ALL SUCH APPLICABLE STANDARDS AND SPECIFICATIONS THE CONTRACTOR IS SOLELY RESPONSIBLE FOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES, AND PROCEDURES OF CONSTRUCTION AND ANY SAFETY PRECAUTION PROGRAMS RELATING IN ANY WAY TO THE CONDITIONS OF THE PREMISES. CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS AND CONDITIONS PRIOR TO COMMENCING WORK. CONTRACTOR SHALL PROVIDE ALL CONSTRUCTION STAKING NEEDS, INCLUDING STATION AND ELEVATION BEFORE RETANNAGE WILL BE PAID, THE CONTRACTOR SHALL PROVIDE THE CITY A SET OF ASBUILT PLANS INDICATING AS BUILT ELEVATIONS FOR EVERY ELEVATION SHOWN ON THE PLANS. THIS WORK SHALL BE SUBSIDIARY TO THE VARIOUS BID ITEMS. CONTRACTOR SHALL APPLY FOR AND RECEIVE A BARRICADE PERMIT FROM TRAFFIC ENGINEERING. FEES WILL BE WAIVED. UPON APPROVAL IT IS STILL THE CONTRACTORS RESPONSIBILITY TO MAINTAIN COMPLIANCE WITH THE TMUTCD DURING CONSTRUCTION. CONTRACTOR SHALL NOTIFY PROPERTY OWNERS 72 HOURS BEFORE PERFORMING ANY WORK THAT WILL AFFECT THE OWNERS ACCESS TO THEIR PROPERTY. EARTHWORK IS SUBSIDIARY TO ASPHALT PAVEMENT BID ITEM. CONTRACTOR WILL BE RESPONSIBLE FOR ALL CUT AND/OR FILL MATERIAL TO ACHIEVE REQUIRED GRADES. CONTRACTOR SHALL ENSURE THAT ADEQUATE DRAINAGE IS MAINTAINED WITHIN THE PROJECT CORRIDOR AT ALL TIMES DURING CONSTRUCTION. EXISTING ASPHALT SURFACING REMOVED DURING CONSTRUCTION SHALL BECOME CONTRACTOR PROPERTY. ALL OTHER SPOIL MATERIALS NECESSARILY REMOVED DURING CONSTRUCTION THAT ARE NOT SALVAGED AND REUSED OR RELOCATED SHALL BE REMOVED AND LEGALLY DISPOSED OF OFF -SITE BY THE CONTRACTOR. LIMITS OF CONSTRUCTION CONTRACTOR SHALL LIMIT OPERATIONS TO WITHIN THE CONFINES OF THE WORK LIMITS SHOWN ON THE PLANS UTILITIES CONTRACTOR SHALL CONTACT DIG-TESS (1.800-DIG-TESS) FOR UTILITY LOCATES NO LATER THAN TWO FULL WORKING DAYS PRIOR TO COMMENCING GRADING/PAVING/CONSTRUCTION. CONTRACTOR WILL BE RESPONSIBLE FOR ANY AND ALL COORDINATION WITH ALL UTILITY COMPANY ENTITIES, INCLUDING THE CITY OF LUBBOCK, AS MAY BE NECESSARY FOR THE TIMELY AND ORDERLY PROGRESSION OF THE CONTRACTOR'S WORK. EXISTING UTILITIES ARE TO REMAIN IN SERVICE AT ALL TIMES, CONTRACTOR SHALL OBTAIN WRITTEN APPROVAL FROM THE UTILITY OWNER AND SHALL SUBMIT WRITTEN APPROVAL TO THE CITY ENGINEER PRIOR TO TAKING UTILITY OUT OF SERVICE. THE ENIGINEERISURVEYOR MAKES NO GUARANTEE THAT ANY UNDERGROUND UTILITIES SHOWN OR NOTED COMPRISE ALL SUCH UTILITIES IN THE AREA EITHER IN SERVICE, OR ABANDONED. THE ENGINEER/SURVEYOR HAS NOT PHYSICALLY LOCATED ANY UNDERGROUNDUTILITIES SHOWN. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE PROPER NOTIFICATION OF CONSTRUCTIONIGRADING/PAVING ACTIVITIES PRIOR TO BEGINNING PROJECT AND TO FOLLOW ALL APPLICABLE PROPER TEXAS EXCAVATION SAFETY SYSTEM RULES TO AVOID UTILITY DISRUPTION. REFER TO DIG-TESS NOTE. COORDINATION AND EMERGENCY THE FOLLOWING NUMBERS R CITY OF LUBBOCK WATER UTILITIES 806-775-3161 MR. JOSH FLUD 806-548.4152 SUDDENLINK COMMUNICATIONS 806-771-6229 MR. FRANK WISE $06-771-6211 ATMOS ENERGY 1-800-692-4694 MR. LYNN GREEN $06-687-7130 LUBBOCK POWER AND LIGHTS 806-775-2579 MR. LEE ROY MARTINEZ 806-789-5602 AT&T 1.800-286-8313 MR. MICHAEL BINGHAM 806-741-6220 NTS COMMUNICATIONS MR. NICK CABALLERO 806-548-3235 CITY OF LUBBOCK STREETS 806-775-3750 MR. JOSH FLUD 806-5484152 HORIZONTAL ALIGNMENT DATA BEGINNING CHAIN GUAVA DESCRIPTION POINT GOI N 7,281,889.5710E 963,557.8013 STA 0+00.00 COURSE FROM G01 TO G02 N 1"48' 11.27” E DIST 1,500,1976 POINT G02 N 7,283,389.0258 E 963,605.0056 STA 15+00.20 COURSE FROM G02 TO G03 N 1'14' 46.27" E DIST 499.8024 POINT G03 N 7,283,888.7099 E 963,615.8755 STA 20+00.00 ENDING CHAIN GUAVA DESCRIPTION BENCHMARK INFORMATION CPI: "X" TOP OF CURB, MID -RADIUS, SOUTHEAST CORNER OF NORTH GUAVA AND LOOP 289 FRONTAGE ROAD. NORTHING:7283785.279 EASTING:963641.053 ELEVATION: 3207.12 CP2: 1/2" IRON ROD, SOUTHWEST CORNER NORTH GUAVA AND ERSKINE AVENUE. NORTHING: 7283346.581 EASTING: 963570.388 ELEVATION: 3205.32 CP3: "X" TOP OF CURB, MID -RADIUS, NORTHEAST CORNER NORTH GUAVA AND DUKE STREET (FUTURE). NORTHING: 7282745.854 EASTING: 963611.804 ELEVATION: 3208.00 CP4: 1/2" IRON ROD, NORTHWEST CORNER NORTH GUAVA AND EAST CORNELL STREET (FUTURE). NORTHING: 7282106.661 EASTING: 963538.033 ELEVATION: 3211.11 - SWPPP THE CONTRACTOR SHALL COMPLETE THE FOLLOWING ONE WEEK PRIOR TO THE BEGINNING CONSTRUCTION: CONSTRUCTION MAY NOT BEGIN UNTIL THE SWPPP IS APPROVED Lubbock l( LEGEND DIG-TESS NOTE: CONTRACTOR SHALL CONTACT DIG-TESS (1-800-DIG-TESS) FOR UTILITY LOCATES NO LATER THAN TWO FULL WORKING DAYS PRIOR TO COMMENCING GRADING/ DESIGNED BY: EA DRAWN BY: EA CHECKED BY: SCALE: - A STORM WATER PLAN REVIEW APPLICATION (THE REVIEW FEE IS WAIVED.) - A STORM WATER POLLUTION PREVENTION PLAN WHICH WILL INCLUDE: "CONTACT INFORMATION FOR PROJECT PERSONNEL RESPONSIBLE FOR IMPLEMENTAION OF THE SWPPP (E-MAIL & PHYSICAL ADDRESS & PHONE) GENERAL NOTES *DELEGATION OF SIGNATORIES TO REPORTS AND HORIZONTAL "A GENERAL LOCATION MAP SHOWING THE NEAREST BODY OF WATER LABELED ALIGNTMENT DATA "DETAILED MAP OF BMP'S OT BE $INSTALLED "SAMPLE INSPECTION REPORT "SMALL CONSTRUCTION SITE NOTICE FOR QUESTIONS ABOUT SUBMITTAL REQUIREMENTS CONTACT THE STORM WATER DEPARTMENT 806-775-3160 1 G-1 64' 32' 32' Cd LD z i 24' Z i EX1511N(i GROUND 7E ' -- UNKNOWN ASPHALT PAVEMENT EXISTING TYPICAL SECTION STA 1+00.00 TO STA 8+73.45 64' 32' 32' 20' z i VARIES i VARIES 10'- 2' 10-18, EXISTING GROUND .. . ..... . .. ROAD EXISTING TYPICAL SECTION STA 8+73.45 TO STA 14+50.89 24" COL TYPE A CURB AND GUTTER 2" COL TYPE C HMAC 6" CALICHE BASE COMPACTED TO 95% MODIFIED PROCTOR 12" SUBGRADE COMPACTED TO 95% MODIFIED PROCTOR NOTES: 1. TYPICAL SECTIONS ARE FOR GENERAL INFORMATION ONLY AND SHALL NOT BE USED FOR QUANTITY CALCULATION OR AS CONSTRUCTION DETAILS. REFER TO SPECIFIC DETAIL SHEETS AND/OR STANDARDS FOR PROPER CONSTRUCTION. INSET A t ra C? z 9 PROPOSED TYPICAL SECTION STATION 0+00.00 TO STA 8+73.47 PROPOSED TYPICAL SECTION STA 8+73.47 TO STA 10+63.26 PROPOSED TYPICAL SECTION STA 10+63.26 TO STA 14+50.589 City of LUbbo MAS LEGEND 10 HOIRIZONTAL S,CALE N FEET DIG-TESS NOTE: CONTRACTOR SHALL CONTACT DIG-TESS z (1-800-DIG-TESS) FOR UTILITY LOCATES NO LATER THAN TWO FULL fil WORKING DAYS PRIOR TO DESIGNED BY: EA DRAWN BY: EA CHECKED BY: SCALE: REVISIONS TYPICAL SECTIONS T-1 ...................... SAWCUT R SUCSTNITN RUNVE.MSATTRUCT cl-IERm- Pow- HALF ONLY FROM STA 0,00 TO I a;l i STA 8+73AS 119 CONSTRUCT NEW ALLEY 4IrFy&/�1 RETURN. ANY RADII TO WO AROUND SIING UTILITY POLES ........... ............ .................................. ........... ....... -------------- 78 . ................ ......... .... ............. - -------- ----------- 0 06 + ........................... ................. 1, ................. al z ........................... ....... = -------------------------- 0 ........................... 4 ................................ i 0 ......... ................ 4 ............... 317 13 8 ............ ............ ------------- ............. ..................... LLJ 4Drj'N6,r01V 1-149VT4 3214 3212 3210 3208 3206 3204 3212 3210 3208 3206 3204 3202 00M ON &6rlv / NORTH GUAVA AVE ---------- &7.48 ---------------- .......... P AST HALF WIDTH WING Am CURBLVQLI R TO REMAIN IN LLI F- 0N5119Z?lVl0E,9 C3 Lubbocky of TfXAS q O In LEGEND TO REMAIN IN PLACE z uj ............. RIGHT OF WAY PROPOSED C&G EXISMNG CNG DOSTINGEMENT EDGE OF PAV z 0 25 50 75 100 HORIZONTAL SCALE IN FEET 0 1 2 3 4 VERTICAL SCALE IN FEET DIG-TESS NOTE: CONTRACTOR SHALL CONTACT DIG-TESS (1-800-DIG-TESS) FOR UTILITY LOCATES NO DESIGNED BY: EA DRAWN BY: EA CHECKED BY: SCALE: PLAN AND PROFILE STA 0+00 TO 11+50 P-1 3210 3208 3206 320 3202 3200 3210 3208 3206 3204 3202 3200 AVE_. 13.OD ,00M ON A arr / REMOVE "W"N" ASPHALT 111i1s1-19'0jrvlL?E,9 t-n ui z V iQ ui LU 555HIM wm- MEE II mmmm mug go BEMBUMMEBMS�=-� MORN MEE== Boom 12+00.00 13+00.00 14+00.00 15+00.00 3210 3200 3206 3204 3202 3200 3210 3208 3206 3204 3202 3200 DETAIL REMOVE ASPHALT Ed I ETE FILLETS TDTA'LL%NAT CURB "& O&M A A 6 , m R .... ... .... .... .... I'ASPHALT REPAIR ...... ....... D.1 REMOVAL AND PROPOSED DETAIL 1:: O'RJLL SIZE I AO'HALFSIZE REMOVE ASPHALT REMOVE 501� LLETS XY 1110 VAII EY NEW CURB M60GLUM _ A ... .... ... D.2 REMOVAL AND PROPOSED DETAIL ASPHALT REPAIR 1":20'FULL SIZE . I. . 40'MALF SIZE Lubbock TIKAS LEGEND — RIGHTOFWAY — PROPOSED C&G � D=NGC&G w 0 aw z 0 25 50 75 100 HORIZONTAL SCALE IN FEET 0 1 2 3 4 VERTICAL SCALE IN FEET DIG-TESS NOTE: )NTRACTOR SHALL )NTACT DIG-TESS -800-DIG-TESS) )R UTILITY LOCATES NO DESIGNED BY: EA DRAWN BY: EA CHECKED BY: SCALE: PLAN AND PROFILE STA 11+50 - 14+50.89 P-2 -7771