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HomeMy WebLinkAboutResolution - 4062 - Contract - C B Thompson Construction - Boat Ramp, Lake Alan Henry - 01_14_1993Resolution No.4062 January 14, 1993 Item #25 134-16 l 0 i BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and C. B. Thompson Construction Company for con- struction of a concrete 4-lane boat ramp located approximately 8 miles East of Justiceburg, Texas, in Southeast Garza County, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: 'Sally Sti I Abbe, Acting City Secretary APPROVED AS TO CONTENT: Aawm".� - ctor KilmVn, ct ng urc as ng Manager APPROVED AS TO FORM: Ra-fold Willard,ss stant ity Attorney DGV:js/BOAT AMP.RES. D2-Agenda/January 6. 1993 CITY OF LUBBOCK SPECIFICATIONS FOR BOAT RAMP - LAKE ALAN HENRY BID # 12356 CITY OF LUBBOCK Lubbock, Texas ! Ova 2 City of Lubbock P.O. Box 2000 Lubbock. Texas 79457 606-767-2167 Office of Purchasing MAILED TO VENDOR: December 18, 1992 CLOSING DATE: January 5, 1993 at 2:00 p.m. BID #12356: BOAT RAMP - LAKE ALAN HENRY ADDENDUM #1 Please modify or -amend Contract T.)ocuments-as per the attached pages numbered one (1) thru five 5) with the enclosed attachinents._..All enclosed documents shall become.part of the original Contract Documents. The following.items take precedence over drawings and specifications for the above named project. Where any item called for in the bid documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. _PLEASE RETURN ONE COPY WITH YOUR BID F ADDENDUM NO. 1 Boat Ramp - Lake Alan Henry Bid # 12356 This Addendum No. 1 makes the following additions and/or changes to this project's plans and specifications: 1. Technical Specifications Section 03305 - "Concrete" Add the following. Paragraph 2.03 2.03 JOB CONDITIONS A. GENERAL 1. The concrete shall be mixed in quantities required for immediate use. Any concrete which is not in place within the time limits specified shall not be used. Concrete shall not be re -tempered. 2. Concrete shall not be placed if impending weather conditions would impair the quality of the finished work. B. CONCRETE TEMPERATURE No concrete shall be placed when the temperature of the concrete to be placed is greater than 90 degrees F or less than 50 degrees F. The temperature of the concrete to be placed shall be taken by the Owner's representative with a thermometer immediately before placement, with the point of measurement being in the chute or bucket. C. COLD WEATHER 1. If air temperature is at or below 40 degrees F, cold weather concreting shall be performed in accordance with ACI-306R. 2. No concrete shall be mixed or placed when the atmospheric temperature is at or below 35 degrees F. The temperature shall be taken in the shade away from artificial heat. 3. In cases where the temperature drops below 40 degrees F after the concreting operations have been started, sufficient canvas and framework or other type of housing shall be furnished to enclose and protect the structure, in accordance with the requirements of ACI-306R. Sufficient heating apparatus such as stoves, salamanders, or steam equipment and fuel to provide heat shall be supplied. The concrete shall be protected when placed under all weather I 1 70 r conditions. Should concrete placed under such conditions prove unsatisfactory, remove and replace the concrete at no cost to the Owner. 4. When mixing with the air temperature is below 40 degrees F, water used for mixing shall be heated to raise the concrete temperature to 70 degrees F. The temperature of the mixing water shall not exceed 165 degrees F when entering the mixer. 5. If heating the mixing water only does not raise the placing temperature of the concrete to 70 degrees F, the aggregate must also be heated, either by steam or dry heat, to raise the placing temperature of the concrete to the required temperature. In no case shall the aggregate temperature exceed 150 degrees F as it enters the mixer. The heating apparatus shall heat the mass of aggregate uniformly and preclude the occurrence of hot spots which burn the material. 6. Salts, chemicals, or other foreign materials shall not be mixed with the concrete to prevent freezing. Calcium chloride is not permitted. D. HOT WEATHER 1. Hot weather is defined as any combination of high air temperature, low relative humidity and wind velocity that impairs the quality of the concrete. Hot weather concreting shall be in accordance with ACI-305R. Concrete shall be placed in the forms without the addition of any more water than that required by the design (slump). No excess water shall be added on the concrete surface for finishing. Control of initial set of the concrete and extending the time for finishing operations may be accomplished with the use of approved water -reducing and set -retarding admixture, as specified. 2. The maximum temperature of concrete shall not exceed 90 degrees F at the time the concrete is placed. The temperatures of the mixing water shall be reduced by the use of chilled water or ice. 3. The maximum temperature of concrete with high range water reducing admixture shall not exceed 100 degrees F at the time the concrete is placed. 4. Under extreme heat, wind or humidity conditions, concreting operations may be suspended if the quality of the concrete being placed is not acceptable. 0- Modify Sub -paragraph 3.04 Change the wording under Finish to read as follows: Rough Broom Finish with 3/8" deep traction groves every 6 inches perpendicular to the slope of the rampways. Add the following. Paragraph 3.05 - "Construction Joints" 3.05 CONSTRUCTION JOINTS The Contractor may place the concrete for the boat ramp either monolithically or in several phases. The Contractor shall submit for the engineer's approval, a schedule for placement of the concrete. If construction joints are to be used, the Contractor shall submit a plan indicating location, dimensions and materials to be used in such joints. Preparation of the concrete placement schedule, design and construction of the construction joints shall be at the Contractor's expense. Reinforcing steel shall be continuous for the entire length and width of the boat ramp. Splicing of reinforcement steel shall not be allowed through construction joints. Splicing of bars outside joints shall conform to Paragraph 3.02 of Section 3200 "Concrete Reinforcement". 2. Technical Specifications Section 03100 - "Concrete Formwork" Modify Sub -Paragraph C. "Removal" Delete last sentence of this paragraph: "Forms shall not ... to safely carry the dead load". 3. Construction Water Pollution Prevention: a) Sedimentation and Erosion Control Measures: The Contractor shall furnish and install Reinforced Silt Fences at the toe of the proposed slopes for the boat ramp and the spoil areas. Specifications and a drawing for the Reinforced Silt Fences have been attached to this addendum. No direct payment will be made for this work. The cost of all labor, payment equipment and supplies to install these fences shall be included in the Bid Proposal Item 4. "Earthwork" (Technical Specifications Section 2260). In addition to the above, the Contractor shall install Reinforced Silt Fences around areas used for stockpiling. These silt fences shall be installed to prevent potential sedimentation of stockpiled materials into undisturbed areas and/or water courses. No direct payment will be made for this work. The cost of all labor, equipment and supplies to install these fences shall be included in the contract unit prices bid for the various contract items which will involve stockpiling (i.e. earthwork, gravel fill, site preparation, etc.). 3 c,. 4. 5. b) Construction Pollution Mitigating Measures: The Contractor, at his own expense, shall provide pollution mitigation measures for those areas to be used for storage of construction materials and any other potential pollutants such as oil, fuel, etc.. All construction equipment shall be operated and stored/parked in such a manner as to prevent any pollution of soil, surface water or ground water. Measures shall be taken to prevent construction vehicles from tracking sediments off the construction site. c) Pollution Prevention Plan: The City of Lubbock will prepare a Notice of Intent (NOI) for submission to the Environmental Protection Agency for the construction activities for this project. The Contractor will be required to co-sign the NOI as co - applicant. The NOI will be submitted at least 24 hours prior to any construction activity. The City will also prepare a Storm Water Pollution Prevention Plan which shall remain at the construction site at all times. Technical Specifications Section 02100 - "Site Preparation" Modify Paragraph 1.03 "Trees and Brush" Delete any reference to "spoil areas" from Sub -Paragraphs A. and B. Spoil Areas shown on the plans, with the exception of the areas to be excavated or filled for construction of the boat ramp, shall not be cleared or grubbed. Construction Plans a) The complete set of Construction Plans consists of three (3) construction drawings (Sheets 1 of 4 thru 3 of 4) plus a cover sheet. "Sheet 4 of 4" is not part of the Construction Plans for this project and therefore has not been included as part of the bid documents. b) The following revisions have been made to "Sheet 3 of 4": - The Dock Ramp dimensions, as indicated on the upper right corner of the Plan View, should be 6" x 3' instead of 46x3'. - The longitudinal rib sections shall correspond to "Rib Section 5", except that the longitudinal rib sections will not require a 1" PVC Drain. A revised "Sheet 3 of 4" reflecting the above modifications has been attached to this addendum. For clarification,"Beam Section 2" shows a 6" x 3' raised section "dock ramp" to be constructed along the left and right sides of the concrete ramp. This 6" x 3' concrete "dock ramp" will be for use as a walkway and guide for a future sliding boat dock (pipe structure on skids). Therefore, these 6" x3' sections "dock ramp" must be smooth, straight, and of uniform dimensions. r- 4 c) The construction plans included with the bid documents indicate scales of 1"=10' and 1/2"-1' for the plan and profile views and construction details, respectively. Since these plans are reduced copies of the full scale plans, the indicated scales should not be used. Use the dimensions given, instead. The Contractor will be provided with full scale plans prior to start of construction. t" <, 6. Cultural Resources. Vicinity of Boat Ramp �► A copy of Prew.itt & Associates, Inc., archaeologists consultants for this project, has been attached to this addendum. Each bidder shall familiarize himself with the contents of this letter as it pertains to the cultural resources in the vicinity of the Public Access Roadway and the r Boat Ramp. 5 MAP IN FILE SEE RESOLUTION # ao ADDENDUM NO. 1 Attachment 1 Boat Ramp Lake Alan Henry Bid #12356 REINFORCED SILT FENCE A. Description: This work shall consist of furnishing and installing f' reinforced silt fence across the roadway side ditches and culvert inlets/outlets at the locations to be indicated by the Owner's Representative. B. Materials and Installation: Reinforced silt fences shall be at least 24 inches but not more than 36 inches in height. The full height of the fence shall be supported by 5-foot long, 4 inch -diameter posts or equivalent and a wire fence 42 inches in height. The posts shall be driven at least 12 inches into the ground. The maximum spacing of the post shall be 10 feet. The wire fence shall be a minimum of 14 gauge and a maximum mesh spacing of 6 inches. The wire mesh shall be stapled to the posts on the upslope side with heavy duty staples at least 1 inch long. The filter fabric shall be attached to the wire mesh with wire ties. The filter fabric shall be Amoco 2125 or approved equal. Reinforced silt fences shall remain in place and be maintained throughout the duration of the contract. The fences shall be inspected after every rain storm and repaired or replaced as necessary. all \Nbeis mjt1\N a%%;;utete am, I'l\a;\'u\itie Yam' 1 J CITY OF LUBBOCK SPECIFICATIONS !r Fi y�. for TITLE: BOAT RAMP - LAKE ALAN HENRY ADDRESS: 6 MILES EAST OF !^ JUSTICEBURG, TEXAS 1� 6I0 NUMBER: 12356 PROJECT NUMBER: 2123-553107-9872 r e. e CONTRACT PREPARED BY: Purchasing Department 7 r r THIS PAGE LEFT BLANK INTENTIONALLY 1. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. INDEX PAGE NOTICETO BIDDERS..........................................................................................3 GENERALINSTRUCTIONS TO BIDDERS............................................................................5 BIDPROPOSAL - BID FOR UN17 PRICE CONTRACTS...............................................................10 PAYMENTBOND..............................................................................................14 PERFORMANCEBOND..........................................................................................17 CERTIFICATEOF INSURANCE..................................................................................20 CONTRACT..................................................................................................22 GENERALCONDITIONS OF THE AGREEMENT.......................................................................24 CURRENTWAGE DETERMINATIONS................................................ ............................42 SPECIFICATIONS............................................................................................43 SPECIALCONDITIONS........................................................................................44 NOTICEOF ACCEPTANCE......................................................................................45 -2- THIS PAGE LEFT BLANK INTENTIONALLY NOTICE TO BIDDERS l .. 't -3- THIS PAGE LEFT BLANK INTENTIONALLY NOTICE TO BIDDERS BID # 12356 l Sealed proposals addressed to Ron Shuffield, Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 5th day of January, 1993, 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: BOAT RAMP - LAKE ALAN HENRY After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 14th day of January. 1993, at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds 525,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of 8 or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a 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 bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City o_f Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Am. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. ow The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a pre -bid conference on 15th day of December, 1992, at 10:00 o'clock a.m., Training Center Conference Room L-01, Municipal Building, 1625 13th Street. CITY or LUBBOCK BY: Ron Shuffield BUYER r ADVERTISEMENT FOR BIDS BID # 12356 Sealed proposals addressed to Ron Shuffield, Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the Sth day of January, 1993, 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: BOAT RAMP - LAKE ALAN HENRY After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a prebid conference on 15th day of December, 1992, at 10:00 o'clock a.m., Training t" Center Conference Room L01, Municipal Building, 1625 13th Street. 4 zl� BY: Ron Shuffiel BUYER THIS PAGE LEFT BLANK INTENTIONALLY GENERAL INSTRUCTIONS TO BIDDERS -4- THIS PAGE LEFT BLANK INTENTIONALLY GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE Of WORK The work to be done under the contract documents shall consist of the following: Construction of a concrete 4-lane boat ramp. The ramp dimensions will be 78' wide x 300' long. Project Location is approximately 8 miles east of dusticeburg, Texas, in southeast Garza County. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the Gen- eral Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract -documents shall be fully completed within 120 (ONE HUNDRED TWENTY) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so sub- mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple- tion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. b. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. -5- 7. 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 pro- tecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provi- sion. 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. S. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against de- fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished di- rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup- pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi- als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc- tion, 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 re- serves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma- terials to be incorporated into the work without paying the tax at the time of purchase. -6- 7 12. 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 construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under- ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig- nals, 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 re- placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES .• The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor G, from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for alt damage which may occur as a direct or indirect result of the blast- ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost i` care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. 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 r State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written i I -7- 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 subroga- tion. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be applicable. Construc- tion work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc- tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. 4- r t� The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to in- creases or decreases in the cost of materials, labor or other items required for the project will be re- jected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly tilled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis- tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an indi- vidual, 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. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposels may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- lowing: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidderls Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (9) special Conditions (if any). (h) specifications. (i) Insurance Certificates. (i) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. if Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered P"' incorporated by reference into the aforementioned contract documents. i -9- No Text n+ t i. i BID PROPOSAL pop r i i. i t. -10- THIS PAGE LEFT BLANK INTENTIONALLY tin a PLACE Lubbock, Texas DATE Jan- 5, 1993 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS PROJECT NO. 12356 Proposal of C. B. Thompson Const. Co. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) C. Gentlemen: r• 1 The Bidder, in compliance with your invitation for bids for the construction of a Boat Ram] Lake Alarm Henry r having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re- tated contract documents and the site of the proposed work, and being familiar with all of the conditions surround- ing the construction of the proposed project including the availability of sateriats and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica- tions and contract documents, within the time set forth therein and at the price stated in Exhibit "A". The Bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A". Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (One Hundred Twenty) consecutive cal- endar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of 5250.00 (Two Hundred Fifty dollars) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. r t The Bidder agrees that this bid shalt be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. r , The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. F Pm Enclosed with this proposal is a Cashier's Check or Certified Check for DoU E._ (S ) or a Proposal Bond in the sum of 5% of: Atf-a&hP(j Ri ri Dollars (S 50/A ), 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 and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of saic proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. _ Bidder understands and agrees that the contract to be executed by Bidder shall be bard and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. C. B. Thompson Const. Co. >> Cant r Te Thompson 1 (Seal if Bidder i� a Corporation) Secretary _ -12- Q f� LIST OF SUBCONTRACTORS This form shall be eonyteted and submitted with the Bidder's Pr000sel. t 1. Midwest Concrete Inc. 2. 1 3. S. 6. t 7. 10. r i t+� r f r G r Iy I i fi -13- Minority Owned Yes No x THIS PAGE LEFT BLANK INTENTIONALLY .. Q La Exhibit A. Bid Proposal Bid for Unit Price Contracts Item Quantities Total Units Description of Item & Unit Price Amount 1. 1 L.S. Mobilization and Demobilization MATERIALS: ($ -0- ) SERVICES: ($ 24,572.75) TOTAL ITEM 1: ($ 24,572.75) 2. 1 L.S. Site Preparation MATERIALS: ($ -0- ) SERVICES: ($ 10,500.00) TOTAL ITEM 2: ($ 10,500.00) 3. 10 L.F. Trench Safety Protection MATERIALS: ($ 262.50) SERVICES: ($ -0- ) TOTAL ITEM 3: ($ 4. 1 L.S. Earthwork MATERIALS: - ($ -0- ) SERVICES: ($ 110,250.00) TOTAL ITEM 4: ($ 110,250.00) 5. 405 C.Y. Gravel Fill MATERIALS: ($ 4,677.75) SERVICES: ($ 4,292-50 TOTAL ITEM 5: ($ 8,930.25) 6. 2,430 S.Y. Geotextile - Erosion Control MATERIALS: ($ 3,827.25) SERVICES: ($ 3,827.25) TOTAL ITEM 6: ($ 7,654.50) Item Quantities Total No. & Units Description of Item & Unit Price Amount 7. 350 C.Y. Soil Cement MATERIALS: (S 27,562.5� SERVICES: (S 36,750.0� TOTAL ITEM 7: ($ 64,312.0 8. 51 Tons Portland Cement for Soil Cement MATERIALS: (S 4,016.25) SERVICES: ($ _p_ ) TOTAL ITEM 8: ($ 4,016.25)' " 9. 11 Tons Fly Ash for Soil Cement MATERIALS: ($ -0- ) SERVICES: ($ _p_ ) TOTAL ITEM 9: 10. 640 C.Y. Reinforced Concrete MATERIALS: ($ 53,760.00) - SERVICES: ($ 67,200.00) TOTAL ITEM 10: ($120,960.00 11. 165 Tons Portland Cement for Reinforced Concrete MATERIALS: ($ 12,993.75) - SERVICES: ($ -0- ) TOTAL ITEM 11: ($ 12,993.75) TOTAL BID ITEMS 1 THROUGH 11 MATERIALS: ($ 107,100.Op SERVICES: ($ 257,352.10 TOTAL BID: ($ 364,452. - r i. CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE The Contractor shall comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Material incorporated into the Project ro (resold to the Owner as defined in Tax Code) $ 0 % ,100 — All other charges and costs $ Z57 357Z So Total $ 3� -4 4-52 so * The total must equal the total amount of the Contract. CONTRACTOR: C. e. tHOMP5O1Y CONSTRUCTION CO, By: Company (please print) (sig ture of autifofizied person) Title: �51/�fiy T Address City State Zip THIS FORM SHALL BE EXECUTED AT TIME OF EXECUTION OF CONTRACT AND MADE A PART OF THE CONTRACT. THIS PAGE LEFT BLANK INTENTIONALLY ., VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of- state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. �- A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal ce of business or corporate offices are in the State of Texas. BIDDER: C. B. Thompson Const. co. Company P.O. Box 6456 Lubbock, Texas 79493-6456 City State Zip By: Terry Thompson (please print) Signature: Title: Presi nt (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION No Text G'tM AIVERICAN INSURANCE COMP". The number of persons authorized by this power of attorney is not more than No. 0 14286 TWO . POWER OF ATTORNEY Y KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named" below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. �•� ti a• w rr•� a. a• �r Address Limit of Power BOTH OF BOTH LUBBOCK, TEXAS UNLIM 'IUD This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8th day of J'UJy -19 86 ,—Attest GREAT-AMERICAN INSURANCE COMPANY _: cretar_r� ;'ice Fresid�rrr P STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 8th day of J14y, 1986 , before me personally appeared ROBERT M. SCHUDER, to me 7known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. ' ORG1ANN L. MULi VS iartary Public, State of Chin ?v Commission Expires June 114 "Zq } V This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL V£D: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect `` as though manually affixed � 1 f R ` CERTIFICATION 1, KAREN HOLLEY HORRELL, Secretary of the Great American Insurance Company, do hereby certify that the fmgoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in bill tu1CC and effect. 2 __,Signed and sealed this � � day of �'. , 19 Secretary P f 5 1029J 16/83) Bond No. GZEM MMUCAN INSl. RMClE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we, C. B. Thompson Construction Company as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, City of Lubbock, Texas as obligee, in the penal sum of 5% of amount of bid attached DOLLARS ($ 5% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 4th day of January 1993 WHEREAS, the said principal is herewith submitting a proposal for Bid # 12356 Boat Ramp — Lake Alan Henry NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within Sixty ( 60 ) clays after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount he in excess of the former, but in no event shall the liability hereunder exceed the penal sum hereof. C. T om$se Co truction Company Princinal r GREAT AMERICAN INSURANCE COMPANY g t y Curtis Coxon Attorney -in -Fact r., I i F.9116K - (3/82) (BID FORM) No Text THIS PAGE LEFT BLANK INTENTIONALLY r �� iUVERIGIN NATIONAL FIRE INSURANCE COMPANY GZEAT AIUE[t1CsiN INSURANCE COMPANY, Bond No. TEXAS STATUTORY PAYMENT BOND (PUBLIC WORK) KNOW ALL MEN BY THESE PRESENTS, that C. B. Thompson Construction Company (hereinafter called the Principal(s), as Principal(s), and AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New York, and GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Ohio, (hereinafter called the Sureties), as Sureties, are held and firmly bound unto City of Lubbock. Texas (hereinafter called the Obligee), in the amount of Three hundred sixty four thousand, four hundred fifty two dollars and fifty cents Dollars ($ 364,452.50 ) for the payment whereof, the said Principal and Sureties 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 January ,19 93,to Bid # 12356 — Boat Ramp Lake Alan Henry 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 Article 5160 of r` the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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 Sureties have signed and sealed this instrument this 14th day of January , 19 93 " BOND CHECK BEST RATING 14 C. B ompson Ciist. Co. (Prinripal) LICENSED IN TEXAS AMERICAN NATIONAL FIRE INSURANCE COMPANY DATE -2-1 -3 BY - By Curtis Coxon Attorney -in -Fact COUNTERSIGNED: GREAT AMERICAN INSURANCE COMPANY r _ l By _ By��^� Resident Agent Curtis Coxon Attorney -in -Fact n S-1051A— 4/78 PRINTED IN U.S.A. A'".'- RPC41 FTT 1"«SllF'A%f;r (^+ j4.NMG%N NrMONN. RRE iNSURMM CON MM The number of persons authorized New York, New York by this power of attorney -is not No. 0 14286 more than TWO POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or IL persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power CURTIS COXON BOTH OF BOTH I SHIRLEY COXON LUBBOCK, TEXAS UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. r IN WITNESS WHEREOF the AMERICAN NATIONAL FIRE INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25th day of November , 19 92 Attest: AMERICAN NATIONAL FIRE INSURANCE COMPANY } ' i f STATE OF OHIO, COUNTY OF HAMILTON — ss: 8, On this 25th day of November, 1992 , before me personally appeared WILLIAM J. MANEY, tome known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the American National Fire Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of American National Fire Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the American National Fire Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. �~, -,,,_Signed and sealed this day of , 1913. fir... - }-� S1029M (03,90) GREAT AMERICAN INSURANCE COt.7PANY The number of persons authorized by this power of attorney is not more than TWO POWER OF ATTORNEY 6 9r No.0 14286 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power r„ CURTIS COXON BOTH OF BOTH { SHIRLE'Y COXON LUBBOCK, TEXAS UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25th day of November .19 92 Attest .1 s_;Ls lam? :S'ecrelar r STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY V Vice Pre:ident On this 25th day of November, 1992 , before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. ELVIN A. FLAMM Notary Public, State 01 =1 �o d.� Mt Cos^misslua Lcp= 13:i. i3,1953 r" This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute in behalf of the Company, as surety, anv and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof.- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. I RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. r Signed and sealed this % �' day of 19 �3 -L�sisrurl .tierrrta n cimoen ino •orn F STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars (S ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis- trators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 19l, to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said con- tract, 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 Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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. -15- 1N WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 19_ Surety Principal *By: (Title) By: (Title) _ By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des- ignates 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. -16- PERFORMANCE BOND -17- THIS PAGE LEFT BLANK INTENTIONALLY F . I AIVERICAN NATIONAL FIRE INSURANCE COMPANY GiFM.VVERICAN INSURANCE COMPANY Bond No. TEXAS STATUTORY PERFORMANCE BOND (PUBLIC WORK) KNOW ALL MEN BY THESE PRESENTS, that C. B. Thompson Construction Company (hereinafter called the Principal(s), as Principal(s), and AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New York, and GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Ohio, (hereinafter called the Sureties), as Sureties, are held and firmly bound unto City of Lubbock, Texas (hereinafter called the Obligee), in the amount of Three hundred sixty four thousand, four hundred - fifty two dollars and fifty cents Dollars ($ 364,452.50 ) for the payment whereof, the said Principal and Sureties 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 January ,19 93,to Bid # 12356 - Boat Ramp Lake Alan Henry Project 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 Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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 Sureties have signed and sealed this instrument this 14th day of January 19 93 BOND CHECK a ' BEST RATING C . B . qompson Con t . Co. (Principal) LICENSED IN TEXAS AMERICAN NATIONAL FIRE INSURANCE COMPANY DATE f- zz BY �• _��� By _ Curtis Coxon Attorney -in -Fact r. COUNTERSIGNED: GREAT AMERICAN INSURANCE COMPANY By By. Resident Agent Curtis Coxon Attorney -in -Fact r a"V 1 MERICAN NATIONr'1L. FIRE INSUR&WE afflPd nr The number of persons authorized New York, New York by this power of attorney is not No.0 14286 more than TWO POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power CURTIS COM)N BOTH OF BOTH SHIRLEY COMM ILJBBOCK, TIOLS UNIJMI= This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the AMERICAN NATIONAL FIRE INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25th day of November , 19 92 Attest: AMERICAN NATIONAL FIRE INSURANCE COMPANY µ - .STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 25th day of November, 1992 , before me personally appeared WILLIAM J. MANEY, tome known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the American National Fire Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of r.. his office under the By -Laws of said Company, and that he signed his name thereto by like authority. t This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of American National Fire Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby l is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the American National Fire Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. r• / "*,Signed and sealed this / day of GLy , 19 9-3 k t 51029M (03/901 GREAT AMERICAN INSURANCE COMPANY -1 iZ1C 11 INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No. 0 14286 TWO POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power SIE RLEY CO)= LUBBOCK, 'TEXAS UNLIl"i = This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25th day of November .19 92 Attest _3 s_,isC.ur1 5'�en tart STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY `� Vice Pre;,uient On this 25th day of November, 1992 , before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. //// ` •• r ELVIN Q. FLAMM Notary Public. State of :�� ExF/tom 7�� L7� 1 Mr Commfssic� 1 �' �iC"J ♦f L lO Z f,., This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. 4, PM RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute in behalf of the Company, as surety, anv and all k bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power -of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,. 1, RONALD C. HAYES. Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20. 1979 have not been revoked and are now in full force and i effect. Signed and sealed this 7'LJ -* day of 19 � UV " R� rlscct.rrrt .Srcrrt.rrt c�mone mo mrn STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars (S ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their,heirs, administra- tors, executors, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of 19_, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per- form 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 Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of , 19_ Surety *By: (Title) Principal By: (Title) Sy: (Title) By: (Title) -18- 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. -19- CERTIFICATE OF INSURANCE -20- THIS PAGE LEFT BLANK INTENTIONALLY ft ft d F F 7 L I4U _T..w_;:s�,� «x� =+z;.• 01/ 21/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boley Featherston Insurance COMPANIES AFFORDING COVERAGE P. 0. Drawer 10 I _ .COMPANY Wichita Falls, TX 76307 LETTER A LINCOLN INSURANCE COMPANY COMPANY TRINITY UNIVERSAL INSURANCE CO B INSURED LETTER C B THOMPSON CONSTRUCTION COMPANY ASSOCIATED INTERNATIONAL C+ COMPANY INC LETTER P O BOX 6456 COMPANY TEXAS WORK COMP INSURANCE FUND D LUBBOCK TX LETTER 79493 COMPANY NORTHBROOK PROPERTY & CASUALTY E LETTER five, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE_ MAY_ BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS 'SHOWN -MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO ; TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE'POLICY EXPIRATIONt LIMITS DATE (MMIDDlYY) DATE (MMlDDIYY) GENERAL LIABILITY i GENERAL AGGREGATE f2 04,_0-00 A� y 'COMMERCIAL GENERAL LIABILITY LG7LA 1 1 1 1957 - _ _ nF .. 1 O/ 10/92 1 O/ 1 O/93' PRODUCTS-COMP/OP AGG. - (��' �Q0 CLAIMS MADE�OCCUR.. PERSONAL & ADV. INJURY # $ .. QOO,y_OQi _ O NER'S & CONTRACTOR'S PROT. 3 EACH OCCURRENCE $1.. 00O 000._-. P .m .,..._ . FIRE DAMAGE (Any one fire) _ ....__... _.. _.._ .___._.. 50 F _QO .- MED. EXPENSE (Any one person)! E AUTOMOBILE LIABILITY COMBINED SINGLE $ BJC. ANY AUTO TCA9897748 LIMIT 10/ 10/92 10/ 10/93` _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY w # PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE '� ! " +UMBRELLA FORM SPD12137 10/ 10/92 10/ 10/93; AGGREGATE $� OTHER THAN UMBRELLA FORM € WORKER'S COMPENSATION STATUTORY LIMITS H D; AND TSF104229 10/02/92 10/01/93'EACHACCIDENT ...... .,...-L*500,.000...,.__..., DISEASE —POLICY LIMIT _LfO OQO. W EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE OTHER IF E REPORTING FORM 72322B20 09/01 /92 09/01 /93': ALL RISK 2p 500, OOO BUILDERS RISK MAX DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLESISPECIAL ITEMS JOB: BOAT RAMP LAKE ALLAN HENRY CANCEL( ATION ,, ; v �., , �a>���,. .. . , aa�� HM .. , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1-0-- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR CITY OF LUBBOCK LIABILITY OF ANY KIND UPTHE COMPANY, ITS AGENTS OR REPRESENTATIVES. BOX 2000 AUTHORIZED REPRESENTATIVE ' LUBBOCK TX 79457 ^,�,��a ^� i:w �Mw �� - �:.w o ��, n,5 y a CQ D?S�S.(7190)..' I , ._i; _-> .`___?C08t!` AIsOIAIEIN394' '` 7, CERTIFICATE OF INSURANCE I T0: CITY OF LUBBOCK DATE: Type of Lubbock, Texas Project: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, in- sured by this Company with respect to the business operations hereinafter described, for the types of insurance and r in accordance with the provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability -----------------•------•-------------------------.........---•------------------------•-•-------------------------- Workmen's Compensation -------------------------------------------------------------------------------------------------------------------- �" Owner's Protec- Per Person S { tive or Contin- Per Occurrence S d gent Liability Property Damage S --------------•------•---------------------------•----------------------------------•-------------------------------- Contractor's Per Person S Protective or Per Occurrence S Contingent Property Damage S Liability --•-------------------------•-----------------------------•--------------------------------------------------------- w. Per Person S Automobile Per Occurrence $ Property Damage S ---------------------•----------------•--------------------------------------------------------------•-------------- Comprehensive General Liability $ Umbrella Liability $ -------------------------------------------------------------------------------------------------------------------- The foregoing Policies (do) (do not) cover all sub -contractors. Locations Covered DESCRIPTION of Operations Covered 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 THIS CERTIFICATE MUST BE SENT TO THE OWNER. FM i (Name of Insurer) By:_ Title THIS PAGE LEFT BLANK 'INTENTIONALLY No Text THIS PAGE LEFT BLANK INTENTIONALLY CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14th day of January, 1993, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and C.B. Thomason Construction Co. 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 CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol- lows: BID # 12356 - EMT RAMP - LAKE ALAN HENRY PROJECT IN THE AMOUNT OF $364,452.500. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, Labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the 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 Texas in the year and day first above written. ATT ST: 'A 0-n , 0 Corporate Secretary Lubbock County, C.B. THOMPSON CONSTRUCTION CO - CONTRACTOR By:� TITLE:— %�2A,_540 ,I71 COMPLETE ADDRESS: 3412 JOLIET LUBBOCK. TX 79493-6456 -23- i THIS PAGE LEFT BLANK INTENTIONALLY r t 6 6 t l . W GENERAL CONDITIONS OF THE AGREEMENT i u: t` d j k G r r j -24- THIS PAGE LEFT BLANK INTENTIONALLY GENERAL CONDITIONS OF THE AGREEMENT i. OWNER r Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con- tract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: C.B. THOMPSON CONSTRUCTION ,ib who has agreed to perform the work embraced in this contract, or to his 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 DAN A. HAWKINS, DIRECTOR OF WATER UTILITIES, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect construc- tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. B 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 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. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na- ture, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 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 re- sponsibility 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 r•. due Subcontractor. -25- T. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and ali other facilities necessary for the execution and completion of the work covered by the contract docu- ments. 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 recognised standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu- ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor$s layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract docu- ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract docu- ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the owner against defects and deficiencies in the work of the Contractor. -26 r-e 1, PEW 13. LINES AND GRADES All lines and grades shall be furnished by the owner's Representative whenever necessary for the commence- ment of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Con- tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre- sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, r" his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Represents- tive at Contractor's expense. 14. 0WNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc- tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Con- tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. -27- 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Con- tractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate- rials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effector modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or men shall be discharged from the work and shall not again be employed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur- nish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob- servation, 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. -28- t� 3 k r . 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am- ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre- sentative, 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 Representa- tive to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, 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 approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un- suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re- build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur- ther 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 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 r" basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in- crease 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 -29- case the owner shall make such changes or alterations as shall make useless any work already done or mate- rial already furnished or used in said work, then the owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa- tive when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com- menced,_then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this Para- graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's 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 mat- ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- ery 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 com- pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre- sentative 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 in- sists 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 -30- under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi- tration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the 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. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the tOwners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any re- quest for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci- fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's 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 r" 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, his sureties and insurance carriers shall defend, indem- nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sus- tained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcon- tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment r" with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro- gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. r -31- 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au- thorized 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. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products 8 Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non - owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten- tial loss) naming the City of Lubbock as insured. -32- Er -a E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of ($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen- sive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any Sub- contractor on the job with Employers Liability of at least $100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized r representative of the insurance company setting forth: (1) The name and address of the insured. 7 (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named in- sured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) con- tained in the job specifications. No substitute of nor amendment thereto will be accept- able. 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORER$ MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then owner may, during the period for which such indebtedness -33. shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten- tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm- less from any loss on account thereof. If the material or process specified or required by Owner is an in- fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the owner of such infringement. 31. 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 effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in- sofar 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. 32. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the owner, then the Contractor does hereby agree as part of the con- sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $250.00 (TWO HUNDRED FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated .34- r i damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com- pletion of the work described herein is reasonable time for the completion of the same, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this local- ity. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica- bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus- tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contact, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the !^ Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, r, schedules which shall show the order in which the Contractor proposes 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 sev- eral parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his 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 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex- tension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re- ceipt of a written request for an extension of time by the Contractor supported by all requested docu- mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in- rcident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge r -35- shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals of- fered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ 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. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. 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 him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 40. 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 de- fective 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 con- tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against owner which have not theretofore been timely filed as provided in this contract. -36- r r 41. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica- tion for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par- tial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound ma- terials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per- centage due Contractor. 42. FINAL COMPLETION AND ACCEPTANCE within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 43. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be- fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of POO this agreement, provided he has fully performed his contractual obligations under the terms of this con- L tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi- tions (if any) of this contract or required in the specifications made a part of this contract. 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT 7 Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for !" any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the -37- date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de- fects with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. when the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 47. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de- cision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar- biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. -38- r The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the r appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar- biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ- ing and shall not be open to objection on account of the form of proceedings or award. r• 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or- ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup- plies 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 com- pleted 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 com- pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa- per having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. .39- In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin- ery, equipment, tools, materials, or supplies which remain on the rjobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorpo- rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con- tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu- tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur- ther agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special con- ditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. -40- POO 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all Loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. r 54. INDEPENDENT CONTRACTOR 7 Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au- thority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob- serve Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or I� corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and 111 at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and rcondition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. r � -41- THIS PAGE LEFT BLANK INTENTIONALLY CURRENT WAGE DETERMINATIONS f r r F r -42- THIS PAGE LEFT BLANK INTENTIONALLY I DGV:da Resolution 7#2502 January 8, 1987 Agenda Item #18 RESOLUTION WHEREAS, the City Council has heretofore established the general F' prevailing rate of per diem wages for each craft or type of workmen or :'mechanics needed to execute public works contracts for the City of Lubbock An accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 :'enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and c! WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: r BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents ,and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate .:Such wage rates are hereby found and declared rate of per diem wages in all localities where on behalf of the City of Lubbock and such wage all public works contracts as provided by law. ,',Passed by the City Council this 8th day of i Ranette,,Boyd, City Secretary • APPROVED T NTENT: Bi 1 P.yne, D rector of Building Services to be the general prevailing public works are undertaken rates shall be included in January , 1987. B.C— McMINN, MAYOR APPROVED AS TO FORM: Do IdG. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified Hourly Rate $11.60 8.35 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 r i EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator, Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS -43- THIS PAGE LEFT BLANK INTENTIONALLY SUPPLEMENTARY CONDITIONS THIS PAGE LEFT BLANK INTENTIONALLY SECTION 3 SUPPLEMENTARY CONDITIONS 1. TERMS DEFINED: Paragraph 52 of the General Conditions of the Agreement defines the term SPECIAL CONDITIONS. In these specifications, the use of the term SUPPLEMENTARY CONDITIONS is identical in definition and interchangeable with the term SPECIAL CONDITIONS. 2. PHYSICAL CONDITIONS - SURVEYS AND REPORTS: Subsurface exploration to ascertain the nature of soils, including the amount of rock, if any, and geotechnical information necessary to develop a trench safety program is the responsibility of any and all prospective bidders. The prospective bidders (and Contractor) shall make such explorations, analyses and investigations as they deem necessary to inform themselves of the actual conditions to be encountered in performing the work required by the Contract Documents including, but not limited to, information necessary to develop trench excavation safety protection to comply with all requirements of OSHA, Federal, state, and local laws, rules and regulations. Compliance with these laws, rules and regulations, including, but not limited to HB 662 and HB 665 as adopted by the 72nd Session of the Texas Legislature and amended by the 73rd Session of the Texas Legislature with LB 1569, shall rest solely with the Contractor. 3. REFERENCE POINTS: The Engineer will provide at the site of the work horizontal control in the form of a base line or grid reference points and vertical control in the form of bench marks. From the controls established by the Engineer, the Contractor shall be responsible for the complete layout of the work and for establishing lines and elevations as needed during construction. The Contractor shall furnish at his own expense labor, including the services of competent personnel, equipment, including accurate surveying instruments, stakes, templates, platforms, tools, and materials as may be required for laying out any and all parts of the work. The Engineer will be available for assistance in an advisory capacity. 4. INDEMNIFICATION: Contractor shall indemnify and hold harmless Owner and Engineer and their agents and employees from and against all claims, damages, losses and expenses including, but not limited to, attorneys' fees arising out of or resulting from any act, omission or defect connected with the performance of the work, provided that such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (b) is caused in whole or in part by any condition of the premises or the materials, or by any act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed by Contractor or any Subcontractor or anyone for whose acts Contractor or any Subcontractor may be liable, regardless of whether such claim, damage, loss or expense is caused in part negligently or otherwise, by a party indemnified r„ 00800-1 BRA 92023 hereunder. In any and all claims against Owner or Engineer or any of their agents or employees by Contractor or any employee of Contractor, any Subcontractor, anyone directly or indirectly employed by Contractor or any Subcontractor or anyone for whose acts any of them may be liable, the indemnification shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any Subcontractor under Workmen's Compensation Acts, disability benefit acts or other employee benefit acts. 5. INSURANCE: The Contractor shall comply with the requirements of Paragraph 28 of the General Conditions and shall, at his own expense, purchase, maintain and keep in force such insurance as will protect him from claims which may arise out of or result from his operations under this Contract, whether such operations are by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The insurance required by Paragraph 28 shall be amended to afford coverage for: Products Liability and/or Completed Operations, Blanket Broad Form Contractual Liability specifically covering the indemnification assumed by the Contractor under this agreement. Watercraft or aircraft liability, whether owned, non -owned or hired, shall be included. Such insurance as is required under this Paragraph 28 shall be written so that. the Owner will be notified in writing, in the event of cancellation, restrictive amendment or non -renewal at least 30 days prior to such action. Certificates of Insurance on the form attached to this Section shall be filed with the Owner prior to the commencement of the work. The stated limits of insurance required by this Paragraph 28 are MINIMUM ONLY and it shall be the Contractor's responsibility to determine what limits are adequate. These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, the Contractor is fully responsible for all losses arising out of, resulting from or connected with operations under this contract whether or not said losses are covered by. insurance. All contractual liability insurance shall include the Owner and Architect/Engineer (A/E) as additional insured parties. The Owner's acceptance of Certificates of Insurance that in any respect do not comply with the Contract requirements does not release the Contractor from compliance herewith. The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent their interests are covered by insurance under this Section, except such rights as they may have to the proceeds of such insurance when held by the Owner as trustee. The Contractor 00800-2 BRA 92023 0 shall require similar waivers::_by ,,Subcontractors`and'Sub-subcontractors. 6. RESIDENT PROJECT REPRESENTATIVE: The Owner has retained the Engineer to provide a resident project representative during the construction phase of this project. In general, the authority of the resident project representative is as set forth in Attachment A which is included immediately following these Supplementary Conditions. 7. SUBSTITUTE MATERIALS OR EQUIPMENT: Approval of a substitute, if authorized by the Owner, shall be in the form of a Change Order or a Field Order with no exceptions. 8. SHOP DRAWINGS: All shop drawings shall be in strict compliance with the Contract Documents. The Contractor may seek a deviation by requesting a Change Order or Field Order. All approved Change Orders and/or Field Orders shall be incorporated into the Shop Drawings. All Shop Drawings shall bear a duly executed statement by the Contractor as set forth hereinunder. THIS SHOP DRAWING HAS BEEN REVIEWED AND DETERMINED TO BE IN COMPLIANCE WITH THE CONTRACT DOCUMENTS INCLUDING PLANS AND SPECIFICATIONS AS MODIFIED BY ADDENDA, CHANGE ORDERS AND FIELD ORDERS. CONTRACTOR BY DATE 9. SALES TAX: The Owner qualifies as an exempt agency as defined by the statutes of the State of Texas. The Contractor shall comply with all statutes and rulings of the State Comptroller. The Contractor will be required to complete and execute, at the time of executing the Contract, the "CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE" which follows the proposal. All authorized change orders will include a "Statement of Materials and Other Charges." On unit price contracts, a final change order will be required to make final adjustment to reflect actual costs for sales tax data. 10. NON-RESIDENT BIDDERS: All Bidders are required to complete and submit with their bid the Vendor Compliance to State Law form, which follows the proposal. r BRA 92023 END OF SUPPLEMENTARY CONDITIONS 00800-3 r THIS PAGE LEFT BLANK INTENTIONALLY ATTACHMENT A Duties, Responsibilities and Limitations of Authority of Resident Project Representative A. General. Resident Project Representative is ENGINEER's Agent, will act as directed by and under the supervision of ENGI- NEER. and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on -site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication• with OWNER will be only through or as directed by ENGINEER. B. Duties and Responsibilities. Resident Project Representative will: I. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. ' 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings. and 4 maintain and circulate copies of minutes thereof. 3. Liaison: r a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superinten- dent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on -site operations. b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 4. Shop Drawings and Samples: r- a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. r S. Review of Work. Rejection of Defective Mirk. Inspections and Tests: a. Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections. tests or approval required to be made or has been damaged prior to final payment: and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. record the outcome of these inspections and report to ENGINEER. t © 1979 by National Society of Professional Engineers. 2029 K St.. N.W.. Washington. D.C. 20006 NSPFJACECIASC F. Publication No. 1910• I -A r 1979 Edition 6. Interpretation of Contract Documents: Transmit to CONTRACTOR ENGINEER's clarifications and interpretations of the Contract Documents, 7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, addi- tional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. c. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR's compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the work. c. Report immediately to ENGINEER upon the occurrence of any accident. 10. Payment Requisitions: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER. noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incor- poratcd in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished oy CONTRACTOR are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. • ' 12. Completion: a. Before ENGINEER issues a -Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER. OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority. Except upon written instructions of ENGINEER, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on ENGINEER's authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR. subcontractors or CONTRACTOR's superintendent. or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. S. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. Prepared by Engineers' Joint Contract Oocunwnrs Comnuttee Published jointly by: Professwaal Engineers in Pmate Practice. a practice d,rc,on of the Nat,onal ti,htely of Professional FnIoneera..Amencan Consulting Engineers Council. American Society of Cinl Engineer G TECHNICAL SPECIFICATIONS THIS PAGE LEFT BLANK INTENTIONALLY 7 01020 MOBILIZATION AND DEMOBILIZATION 1.00 DESCRIPTION This item shall consist of the mobilization of personnel, equipment and supplies at the project site in preparation for beginning work on other contract items and the demobilization of personnel, equipment and supplies from the project site at the completion of the project. Mobilization shall include, but is not limited to, the movement of equipment, personnel, material, supplies, etc. to the project site; the establishment of office and other facilities necessary; and any preliminary engineering or administrative work performed prior to beginning the work. Demobilization shall include, but is not limited to, the removal of equipment, personnel, material, supplies, etc. from the project site. Compensation for both mobilization and demobilization shall be included under the lump sum bid item "Mobilization and Demobilization." 2.00 MEASUREMENT AND PAYMENT 2.01 MEASUREMENT No measurements are required. 2.02 PAYMENT Partial payments for the lump sum bid for "Mobilization and Demobilization" 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 bid for Mobilization and any payment for materials on hand. 1. When 1% of the adjusted contract amount for construction is earned, 50% of the mobilization lump sum bid will be paid. 2. When 5. of the adjusted contract amount for construction is earned, 75% of the mobilization lump sum bid will be paid. Previous payment ±^ under this item will be deducted from the above amount. 3. When 10% of the adjusted contract amount for construction is earned, 90% of the mobilization lump sum bid will be paid. Previous payments under this item will be deducted from the above amount. 4. Upon completion remainder of the will be made. BRA92023 of all work under this contract, payment for the lump sum bid for "Mobilization and Demobilization" 01020-1 The amount bid for "Mobilization and Demobilization" shall not exceed ten percent (10%) of the total amount bid exclusive of this item. END OF SECTION 01020-2 BRA92023 01041 JOB MANAGEMENT 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish equipment, manpower, products, and other items necessary to complete the project with an acceptable standard of quality and within the contract time. The project shall be constructed in accordance with current safety practices. B. Manage project site to allow access to site and control construction operations. C. Provide labor, materials, equipment and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the job site, including the removal of temporary facilities when no longer needed. D. Temporary controls shall include the construction of temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the site. Remove temporary controls at the end of the project. 1.02 QUALITY ASSURANCE A. Employ competent workmen, skilled in the occupation for which they are employed. Provide only first quality workmanship. Engineer shall determine if the quality of work is acceptable. B. A defective product is any product that has been found not to be in compliance with the Contract Documents or is damaged prior to final completion. Defective products shall be removed from the site immediately. C. Defective products may remain at the site if arrangements have been made to allow repair of the product at the site. Clearly mark the product as "defective" until removed or allowable repairs have been completed. 1.03 SUBMITTALS A. Submittals shall be in accordance with Section 01300, SUBMITTALS, and shall include: 1. Copies of Manufacturer's printed instructions to all parties involved in the installation of the product prior to beginning the work. Maintain one copy at the job site until completion of j" 01041-1 BRA92023 7 the project. 2. Two (2) copies of reports prepared concerning accidents, injury, or death on the Project site to the Engineer as Record Data. 3.. Field notes, sketches, recordings, and computations made by the Contractor as Record Data. 1.04 DUST CONTROL A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air -borne dust from disappearing into the atmosphere. B. Wet materials and rubbish to prevent blown dust. C. Provide and maintain positive methods of dust control and apply dust control materials to minimize raising and spreading of dust and dirt from cutting and patching operations. 1.05 STANDARDS Perform work to comply with local, State and Federal ordinances and regulations. 1.06 PERMITS A. Obtain fees and permits necessary to conduct any part of the work. B. Arrange for inspections and certification by agencies having jurisdiction over the work. C. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees, except that 3-phase 480/240 volt power will be provided at a pole on the west side of the contractor work area by the Owner. 1.07 POLLUTION CONTROL A. Prevent the contamination of soil, water or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air -borne pollutants. Prevent dispersal of pollutants into the atmosphere. The Contractor shall not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious - liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 01041-2 BRA92023 17 1. Contain chemicals in protective areas and do not dump on soil. r- Dispose of such materiAls-atroff-site locations in acceptable p manner. r, 2. If contamination of the soil does occur, excavate contaminated soil and dispose at an off -site location. �. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site. 4. Disposal of the contaminant is to comply with local, State and Federal regulations regarding the disposal of pollutants. 5. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 1.08 EARTH CONTROL Remove excess soil, spoil materials and other earth not required for '~ backfill at the time of generation. Control stock pile material to eliminate interference with construction and Owner's operations. 1.9 SAFETY REQUIREMENTS A. Protect the safety and welfare of workmen on the project, the Owner and the general public around the construction site. The Contractor is solely responsible for safety at the project site. Provide and maintain barricades, guard rails, covered walkways, and other protective devices to warn and protect from hazards at the construction site.- 1.10 CONTRACTOR'S USE OF PROJECT SITE A. Limit the use of site for work and storage to those areas designated on the Drawings (approved by the Owner). Coordinate the use of the premises with the Engineer. �►- B. Any damage to existing facilities, including contamination, caused by the Contractor's personnel, visitors, materials, or equipment, shall be repaired or corrected at the Contractor's expense. C. No alcoholic beverages or illegal substances shall be permitted on the site at any time. D. Park equipment and employees' vehicles in designated areas only. hr 01041-3 BRA92023 1.11 ACCESS TO THE SITE A. Provide security at the construction site as necessary to protect against vandalism and loss by theft. B. Maintain security of the site and access leading to it. 1. Close gates and keep locked. 2. Install a gate lock consisting of a chain with two (2) locks. One (1) lock and two keys to be given to the Owner and Engineer. One (1) lock shall be used by the Contractor. Provide keys to the Contractor's lock to Owner and Engineer. 3. At the close of the project, remove the Contractor's lock from the assembly leave Owner's lock on gate and give all keys to the Owner. 1.12 MAINTENANCE OF WATER Manage water resulting from rains or ground water at the site. Maintain trenches and excavations free of water at all times. Provide and maintain pumps as necessary to remove excess water. Direct water away from the site to prevent damage to surrounding property. 1.13 CLEANING DURING CONSTRUCTION A. Clean the project as work progresses and dispose of waste materials, keeping the site free from accumulations of waste or rubbish. Provide containers on site for waste collection. B. Use only those cleaning products that will not create hazards to health or property and those methods recommended by the Manufacturer on the surfaces to be cleaned. Use cleaning products only on those surfaces recommended by the cleaning product Manufacturer. C. Comply with codes, ordinances, regulations, and anti -pollution laws. Waste materials shall not be burned or buried. Volatile or hazardous waste materials shall not be disposed of in storm or sanitary sewers. D. Transport waste materials in a controlled manner with as few handlings as possible. Materials shall not be dropped from heights. E. Remove waste materials, rubbish and debris from the site and legally dispose of these at public or private dumping areas. F. Waste materials or debris shall not be allowed to blow off of the site. 01041-4 BRA92023 1.14 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS A. Construct temporary detours, including by-pass roads around construction to maintain the flow of traffic at all times. Public r. roads shall not be closed overnight. B. Maintain sufficiently clear width of the road for the free flow of traffic. C. The Contractor shall assume responsibility for any damage resulting from construction along roads or drives. 1.15 FIELD MEASUREMENTS A. Verify property lines, control lines, grades, and levels indicated on the drawings. 1.16 REFERENCE DATA AND CONTROL POINTS A. The following control points will be provided by the Engineer: 1. Base line or grid reference points for horizontal control. 2. Vertical control benchmark for vertical control. 3. Designated control points may be on an existing structure or monument. B. Locate and protect control points prior to starting the site work and preserve permanent reference points during construction. The Contractor shall not change or relocate points without prior approval of the Engineer. Notify Engineer when the reference point is lost, destroyed, or requires relocation. Replace project control points on the basis of the original survey. C. Provide complete engineering layout of the work needed for construction. r- 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms, tools, and �- materials. f 2. Survey accuracy is to meet the requirements established for r- Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record data and measurements per standards. 01041-5 BRA92023 r, 1.17 EXCESS EARTH Dispose of earth removed from excavations that is not required for backfill or embankments in spoil areas approved by the Owner. 1.18 BLASTING A. Blasting for excavations shall be allowed. 1. The Contractor shall assume responsibility for any damage resulting from blasting operations and restore any damaged area to its original condition. 2. The Contractor shall provide provisions in insurance policies -- specifically covering blasting operations. B. Blasting shall not be permitted once concrete has been placed in any structure at the job site. C. Blasting shall be in strict compliance with the local, State and Federal ordinances, laws and safety regulations. 1.19 ARCHAEOLOGICAL REQUIREMENTS _ A. If an historical or archaeological find is made during construction, cease operations immediately and contact the Engineer for instructions. B. Where significant historical or archaeological sites have already been identified within the project site, all construction activities must be conducted to avoid adverse impact on these sites. 1. The Contractor will be provided with details to assist in the work protection of these areas. 2. All information regarding the site shall remain confidential. 3. The Contractor shall assume responsibility for any unauthorized destruction that might result to such sites by construction personnel, and shall pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. 4. The Contractor shall adhere to the requirements of the Texas Historical Commission. C. Archaeological sites shall not be disturbed. I. The Owner's archaeological contractor will be available to instruct construction personnel on how to identify and protect 01041-6 BRA92023 archaeological finds on an emergency basis. 2. Coordinate activities to permit Archaeological work to take place within the area. a. The Owner will attempt to archaeologically clear areas needed for construction as soon as possible. b. The Contractor shall provide a determination of priority for such areas. 0. Contract time will be modified to compensate for delays caused by such archaeological finds. No additional compensation shall be paid for delays. 1.20 PROTECTION OF LIVESTOCK Maintain barriers to prevent livestock from falling into open excavations, including trenches. The Contractor shall pay damages for losses resulting from failure to maintain such barriers or failure of barriers to exclude livestock. END OF SECTION 01041-7 BRA92023 THIS PAGE LEFT BLANK INTENTIONALLY 01130 MEASUREMENT AND PAYMENT 1.00 GENERAL 1.01 WORK INCLUDED A. Payments for work shall conform with the provisions of the General *" Conditions, the Supplementary Conditions, the Proposal, the Agreement, and this Section. B. Submit request for partial payment at the prices indicated in the Proposal. 1. Prices for each bid item in the proposal shall include but not be limited to cost for: a. Mobilization, demobilization, cleanup, bonds, and insurance. b. Professional services including but not limited to engineering and legal fees. c. The products to be permanently incorporated into the project. d. The products consumed during the construction of the project. e. The labor and supervision to complete the project. f. The equipment, including tools, machinery, and appliances required to complete the project. g. The field and home office administration and overhead costs related directly or indirectly to the project. 2. Prices bid shall include the work not specifically set forth as an individual payment item. These items are considered to be a subsidiary obligation of the Contractor and the cost for these items shall be included in the bid prices. 3. Payment shall be based on the actual quantity of work completed per Contract Documents and measured per this Section. 1.02 SCHEDULE OF VALUES AND PAYMENTS A. Submit a detailed schedule of values for the work to be performed on the project. 1. Submit schedule within 10 days prior to submitting the first request for payment. 2. Line items in the proposal are to be used as line items in the schedule. 3. Payment will be made on the quantity of Work completed per 01130-1 BRA92023 Contract Documents during the payment period and as measured per this Section. a. Payment amount shall be the work quantity measured multiplied by the unit prices for that line item in the Proposal. b. Payment on a unit price basis will not be made for work outside finished dimensions shown in the Contract Documents. c. Partial payments will be made for lump sum line items in the Proposal. 1) Costs for mobilization shall be listed as a separate line item and shall be actual cost for: (a) Bonds and insurance (b) Transportation and setup for equipment (c) Transportation and/or erection of all field offices, sheds and storage facilities (d) Salaries for preparation of submittals required before the first payment request (e) Salaries for field personnel assigned to the project related to the mobilization of the project (f) Mobilization may not exceed 5 percent of the total contract amount (g) Cost for mobilization may be submitted only for work completed B. Submit a schedule indicating the anticipated schedule of payments to be made by the Owner. 1. Schedule shall indicate: a. The payment estimate number. b. Date the estimate is to be submitted. c. Anticipated amount of the payment request. 1.03 PAYMENT PROCEDURES A. Submit payment requests per the submittal procedures indicated in Section 01300, SUBMITTALS. B. Requests may be submitted on a pre-printed form as indicated in Section 01300, SUBMITTALS, or may be generated by computer. Computer generated payment requests must have the same format and information indicated in the pre-printed form and be approved by the Engineer. 01130-2 BRA92023 i". E 1. Submit a Schedule of;,Values in,the payment request format to be used. a. Request must include a completed Summary of Payment Estimate Values as indicated in Section 01800, FORMS with each estimate submitted. PM 1) Each request must be sequentially numbered and the 1. payment period indicated. 2) Total amounts for Value of Original Contract Performed, Extra Work on Approved Change Orders, and Materials -on - Hand are to be shown on the Summary Sheet and are to correspond to totals indicated on the attached r- tabulation for each. 3) The number of pages included in each tabulation is to be noted in the blank space on the Summary Sheet to allow a �. determination to be made that all sheets have been submitted. 4) Contractor's certification must be executed by the Contractor's agent of authority and notarized for each payment request. �. b. The Tabulation of Values for Original Contract Performed Attachment "A" is to indicate the total contract amount and the work completed to date. c. The Tabulation of Extra Work on Approved Change Orders Attachment "B" is to include only approved Change Order items. d. The Tabulation of Materials -on -Hand Attachment "C" is to list all materials that are presented for payment. Once an item has been entered on the tabulation it is not to be removed. r e. Project Summary Report Attachment "D" is to be included with each payment request. Data included in the Project Summary Report are to be taken from the other tabulations. 2. The Schedule of Values and the form for the submission of requests may not be altered without the express written consent of the Engineer once these have been approved by the Engineer. C. Progress payments shall be made as the work progresses. 1. After the end of the payment period, submit a draft copy of the payment estimate for that month to the Engineer. Agreement is to be reached on: r 01130-3 BRA92023 a. The percentage of completion for each lump sum item. b. The quantity of work completed to date for unit price items. c. The percentage of completion of work on approved Change Orders. d. The amount of Materials -on -Hand completed. 2. On the basis of these agreements the Contractor is to prepare a final copy of the payment request and submit it to the Engineer for approval. a. The final copy is to be signed by the representative of the Contractor authorized to execute documents for the Contractor and notarized. b. The Engineer will review the payment request and if appropriate will recommend payment of the request to the Owner. END OF SECTION 01130-4 BRA92023 01300 SUBMITTALS 1.00 GENERAL 1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested by the Owner and Engineer to: 1. Record the products incorporated into the Project for the Owner. 2. Provide information for operation and maintenance of the Project. 3. Provide information for the administration of the Contract. 4. Allow the Engineer to advise the Owner if products proposed for the project by the Contractor, conform, in general, with the design concepts of the Contract Documents. B. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the Engineer's review of submittals. Contract modifications may only be approved by Change Order or Field Order. 1.02 CONTRACTOR'S RESPONSIBILITIES A. Review all submittals prior to submission. B. Determine and verify: 1. Field measurements 2. Field construction requirements 3. Location of all existing structures, utilities and equipment related to the submittals. 4. Submittals are adequately complete for their intended purpose. 5. Conflicts between the submittals related to the various subcontractors and suppliers have been resolved. 6. Quantities and dimensions shown on the submittals. C. Submit information per the procedures described in this section and r- the detailed specifications. t D. Furnish the following submittals: 1. As specified in the attached Submittal Schedule. 2. Schedules, data and other documentation as described in detail in this section or referenced in the General Conditions. 01300-1 c BRA92023 r 3. Shop drawings required for consideration of a contract _ modification per Paragraph 1.08. 4. Submittals as required in the detailed specifications. 5. Submittals not required will be returned without benefit of Engineer's review. E. Submit a schedule indicating the date submittals will be sent to -the Engineer and proposed dates that the product will be incorporated into the project. Make submittals promptly in accordance with the schedule so as to cause no delay in the project. 1. Submittals shall be sent to Engineer allowing a reasonable time for delivery, review and marking submittals. Time for review is to include time for resubmission if necessary and to allow adequate time for the ordering, fabrication, and delivery of the product. 2. Schedule submittal to provide all information for interrelated work at one time. No review will be performed on submittals requiring coordination with other submittals. Engineer will return submittals for resubmission as a complete package. 1.03 QUALITY ASSURANCE A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Submittals not meeting this criteria will be returned without review. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents including drawings and specifications as modified by Addenda, Field Orders, and Change Orders. C. Furnish and install products that fully comply with the information included in the submittal. D. Review and approve submittals prior to submitting them to the Engineer for review. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the Contractor. 1.04 SUBMITTAL PROCEDURES A. Deliver submittals to the Engineer at the following address: 01300-2 BRA92023 FREESE AND NICHOLS. INC. �- Attn. Construction'Sery ces 811 Lamar Street Fort Worth, Texas, 76102 F B. Transmit all submittals, with the exception of shop drawings and samples with a properly completed Submittal Transmittal Form as indicated in Section 01800, FORMS. Transmit shop drawings and samples with the Shop Drawing Transmittal Form as indicated in Section 01800, FORMS. 1. A separate form shall be used for each specific product, class P P of material, and equipment system. 2. Items specified in different sections of the specifications are to be submitted separately unless integrally related. C. Assign a number to the documents originated to allow tracking of the submittal during the review process. r BRA92023 1. Assign a number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator CO Change Order Engineer CMR Contractor's Modification Request Contractor CTR Certified Test Report Contractor FO Field Order Engineer MIS Miscellaneous Submittals Contractor PCM Proposed Contract Modification Engineer PR Payment Request Contractor RFI Request For Information Contractor SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of submittal. 3. Issue numbers for resubmittals that have the same number as the original submittal followed by an alphabetical suffix indicating the number of times the same submittal has been sent to the Engineer for processing. For example: RD-025-A represents a record drawing that is the twenty-fifth submittal of this type - and is the second time this submittal has been sent for review. 4. Clearly note the submittal number on each page or sheet of the submittal. 01300-3 5. Correct assignment of numbers is essential since different _ submittal types are processed in different ways. D. Submit documents with uniform markings and page sizes. 1. Paper size shall allow for ease of reproduction. a. Submit documents on 8-1/2" X 11 paper where practical. b. Use 11" X 17" paper for larger drawings and schematics. c. Use full size blueline sheets for fabrications and layout drawings. Reproducible drawings may be submitted in lieu of bluelines. 2. Mark submittals to: a. Indicate Contractor's corrections in green. b. Highlight items pertinent to the products being furnished in yellow and delete items that are not when the Manufacturer's standard drawings or information sheets are provided. c. Cloud items and highlight in yellow where selections by the Engineer or Owner are required. d. Mark dimensions with the prefix FD to indicate field verified dimensions on the drawings. e. Provide a blank space 8" x 3" for Contractor's and Engineer's stamp. 3. Define abbreviations and symbols used in shop drawings. a. Use terms and symbols in shop drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the shop drawings. c. Provide a legend for symbols used on shop drawings. E. Mark submittals to reference the drawing number and/or section of the specifications, detail designation, schedule or location that corresponds with the data submitted. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. F. Submit Contractor's Modification Request to request modification to . the Contract Documents. G. Maintain a log of submissions. 1. Indicate submittal numbers, description, and dates of processing. 01300-4 BRA92023 F 2. Periodically compare .to the Engineer's log to determine that all submittals have been received.- 3. Maintain log or on a computerized tracking system. H. The number of copies of each submittal to be sent by the Contractor and the number of copies of each submittal to be returned are: Prefix Description No. of No. of Copies Copies Sent Returned CMR Contractor's Modification Request 4 1 CTR Certified Test Report 3 0 MIS Miscellaneous Submittals 4 1 NBC Notification By Contractor 3 1 PR Payment Request 5 1 RFI Request for Information 3 1 SCH Schedule of Progress 3 0 1.05 REVIEW PROCEDURES A. Shop drawings shall be reviewed in the order received. 1. The Contractor may mark submittals as "Priority" for review. Contractor should use discretion in the use of "Priority" submittals as this may delay the review of submittals previously submitted. 2. Priority submittals will be reviewed before other submittals for this project which have been received but not reviewed. 3. Revise the Schedule of Contractor's Submittals for substantial deviations from the previous schedule. B. Review procedures vary with the type of submittal as described in Paragraph 1.06. 1.06 SUBMITTAL REQUIREMENTS A. Shop drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection or installation of the product without additional detailed information from the product's manufacturer. 1. Shop drawings are requested so that the Engineer can: a. Assist the Owner in selecting colors, textures or other aesthetic features. 01300-5 BRA92023 b. Compare the proposed features of the product with the specified features so as to advise the Owner that the product does, in general, conform to the Contract Documents. c. Compare the performance features of the proposed product with those specified so as to advise the Owner that it appears that the productwillmeet the designed performance criteria. d. Review required certifications, guarantees, warranties, and — service agreements for compliance with the Contract Documents. 2. Contractor shall certify that he has reviewed the shop drawings and made all necessary corrections such that the products, when installed, will be in full compliance with the Contract Documents. Shop drawings submitted without this certification will be returned without review. 3. Submit shop drawings for: a. Products indicated in the submittal schedule following this section. b. When a substitution or equal product is proposed in , accordance with Paragraph 1.08 of this Section. 4. Include a complete description of the material or equipment to be furnished. Information is to include: a. Type, dimensions, size, arrangement, model number, and operational parameters of the components. b. Weights, gauges, materials of construction, external connections, anchors,'and supports required. c. Performance characteristics, capacities, engineering data, motor curves, and other information necessary to allow a complete evaluation of mechanical components. d. All applicable standards such as ASTM or Federal specification numbers. e. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings. f. Wiring and piping diagrams and related controls. g. Mix designs for concrete, asphalt, or other materials proportioned for the project.' h. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the submittal that the measurements represent actual dimensions obtained at the site. 5. All required statements of certification, guarantees, extended service agreements, and other related documents are to be 01300-6 BRA92023 Poo I r- provided with the shop drawing. _The.effective date of these documents`shall"be ih'e':date of'acceptance of the work by the Owner. 6. Comments will be made on items called to the attention of the Engineer for review and comment. Any marks made by the Engineer do not constitute a blanket review of the submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. a. Submittals shall be returned with one or more of the following designations: 1) Approved - Submittal is found to be acceptable as submitted. 2) Approved as Corrected - Submittal is acceptable with corrections marked by Contractor or notations made by Engineer and may be used as corrected. 3) Revised and Resubmit - Submittal has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. 4) Not Approved - Products are not acceptable. b. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Corrected" and "Revise and Resubmit". These drawings are to be revised to provide a clean record of the submittal. c. Dimensions or other data that do not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with Contract Documents. !� B. Certifications, Warranties and Service Agreements include documents as specified in the detailed specifications, as shown in the submittal schedule or as follows: 1. Certified Test Reports (CTR) - A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the specifications. C. Submit a Schedule of Values and Payment Requests (PR) in accordance with Section 01130, MEASUREMENT AND PAYMENT. D. Submit Progress Schedules for each monthly project review meeting. 7 01300-7 A BRA92023 E. Submit Certified Test Reports (CTR) from independent testing laboratories in accordance with Section 01400, QUALITY CONTROL. 1. Submit test reports for material fabricated for this project with shop drawings for that product. 2. Submit test reports produced at the point of production for standard production products with the record data for that product. 1.07 REQUESTS FOR DEVIATION A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the specifications. B. Submit request by. Contractor's Modification Request (CMR). Identify the deviations and the reason the change is requested. C. A Change Order or Field Order will be issued by the Engineer for deviations approved by the Owner. Deviations from the Contract Documents may only be approved by Change Order or Field Order. 1.08 RESUBMISSION REQUIREMENTS A. Make all corrections or changes in the submittals required by the Engineer and resubmit until approved. B. For shop drawings: 1. Revise initial drawings or data and resubmit as specified for the original submittal. 2. Highlight in yellow those revisions which have been made in response to the first review by the Engineer. 3. Highlight in blue any new revisions which have been made or additional details of information that has been added since the previous review by the Engineer._ C. For samples: 1. Submit new samples as required for the initial sample. 2. Remove samples which have been rejected. D. For mock-ups: 1. Construct a new mock-up as initially required. 2. Dispose of mock-ups which have been rejected. E. Need for more than one resubmission or any other delay of obtaining Engineer's review of submittals, will not entitle the Contractor to 01300-8 BRA92023 an extension of Contract Time.. Al,l,costs associated with such delays shall be 'the Contractor's' expense. 1.12 ENGINEER'S DUTIES A. Review the submittals and return with reasonable promptness. B. Affix stamp, indicate approval, rejection, and the need for resubmittal. C. Distribute documents. END OF SECTION 01300-9 BRA92023 THIS PAGE LEFT BLANK INTENTIONALLY l 01400 QUALITY CONTROL 1.00 GENERAL 1.01 CONTRACTOR'S RESPONSIBILITIES A. Control the quality of work produced and verify that the work r.. performed meets the standards of quality established in the Contract ( Documents. w 1. Inspect the work performed by the Contractor, subcontractors and suppliers. Correct defective work. 2. Inspect products to be incorporated into the project. Provide only those products that comply with the Contract Documents. 3. Verify conformance of the work and products with the Contract Documents before notifying the Owner of need for testing. 4. Provide consumable construction materials of adequate quality to provide a finished product that complies with the Contract Documents. 7 5. Provide and pay for the services of an approved professional IN. materials testing laboratory to insure that products proposed for use fully comply with the Contract Documents. 6. Perform tests as indicated in this and other sections of the specifications. Schedule the time and sequence of testing with the Owner and Engineer. Testing is to be observed by the Owner, Engineer, or designated representative. 7. Provide labor, materials, tools, equipment, and related items for testing by the Owner including, but not limited to temporary construction required for testing and operation of new and existing utilities. B. Provide Certified Test Reports on products or constructed works to r be incorporated into the project as required by Section 01300, SUBMITTALS. Reports are to indicate that products or constructed works are in compliance with the Contract Documents. C. Assist the Engineer, Owner, and Owner's testing organization to perform quality assurance activities. 1. Provide access to the work and to the Manufacturer's operations at all times work is in progress. 2. Cooperate fully in the performance of sampling, inspection, and r 01400-1 BRA92023 r 4 testing. 3. Furnish labor and facilities to: a. Provide access to the work to be tested. b. Obtain and handle samples for testing at the project site or at the source of the product to be tested. c. Facilitate inspections and tests. d. Store and cure test samples. 4. Furnish copies of the tests performed on products. — 5. Provide adequate quantities of representative product to be tested to the laboratory at the designated location. — 6. Give the Owner adequate notice before proceeding with work that would interfere with testing. 7. Notify the Engineer and the testing laboratory prior to the time that testing is required. Lead time is to be adequate to allow arrangements to be made for testing. B. Do not proceed with any work until testing services have been performed and results of tests indicate that the work is acceptable. 9. Provide complete access to the site and make Contract Documents available. 10. Provide personnel and equipment needed to perform sampling or to assist in making the field tests. 11. Testing performed by the Owner will be paid for by the Owner. D. Provide a recognized testing laboratory capable of performing a full range of testing procedures complying with the standards or testing procedures specified. Obtain Owners's approval for the testing laboratory before testing is performed. E. Provide personnel certified to perform the test required. F. Should requirements of this Section of the specification conflict with the requirements of the detailed specifications, the technical. specifications shall govern. 1.02 QUALITY ASSURANCE ACTIVITIES BY THE OWNER Quality assurance activities of the Owner and Engineer through their own forces or through contracts with materials testing laboratories and 01400-2 BRA92023 survey crews are for the purpose of monitoring the results of the Contractor's work -to see that"it is in compliance with the requirements of the Contract Documents. �., 1. Quality assurance activities of the Owner and Engineer in no way relieves the Contractor of the obligation to perform work and furnish products and constructed work conforming to the Contract Documents. 2. Failure on the part of the Owner or Engineer to perform or test r, products or constructed works in no way relieves the Contractor of the obligation to perform work and furnish materials conforming to the Contract Documents. 1.03 SUBMITTALS Submittals shall be in accordance with Section 01300, SUBMITTALS, and shall include: 1. The name of the proposed testing laboratory along with documentation of qualifications, a list of tests that can be performed, and a list of recent projects for which testing has been performed with references from those projects. 2. Test reports per Paragraph 1.07, TEST REPORTS of this specification. 1.04 STANDARDS A. Provide a testing laboratory that complies with the ACIL (American Council of Independent Laboratories) "Recommended Requirements for Independent Laboratory Qualifications". B. Perform testing per recognized test procedures as listed in the various sections of the specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. ' 1.05 DELIVERY AND STORAGE Handle and protect test specimens of products and construction materials at the construction site in accordance with recognized test procedures._ 1.06 VERIFICATION TESTING A. Quality Control Testing 1. Tests shall be required throughout the work to monitor the 01400-3 BRA92023 quality of concrete. Samples shall be taken in accordance with _ ASTM C-172. Testing of the materials, ready mix, transit mix or central plant concrete will be by a testing laboratory. The Owner will select and pay for this service. A summary of all tests performed will be available. No concrete shall be placed without a representative present at the project site. Unless the Owner's laboratory is on the site, provide housing for the curing and storage of test specimens and equipment. 2. Slump tests, in accordance with ASTM C-143, shall be used to indicate the workability and consistency of the concrete mix from batch to batch. Generally, a slump test shall be made at the start of operations each day, at regular intervals throughout a working day, and at any time when the appearance of the concrete suggests a change in uniformity. 3. Tests for the concrete's air content shall be made in accordance with ASTM C-231 or ASTM C-173, at the point of delivery of concrete, prior to placing in forms. The tests shall be made frequently to monitor a proper air content uniform from batch to batch. 4. Compression test specimens shall be 6" x 12" concrete cylinders made and cured in accordance with ASTM C-31. No fewer than two (2) specimens shall be made for each test at each age (7 and 28 days). Samples shall be taken at a minimum of every 150 cubic yards of concrete of each class placed. At least one (1) set of test specimens per day shall be made of each class of concrete used that day. Specimens shall be cured under laboratory conditions specified in ASTM C-31. Additional concrete cylinders may be required for curing on the job under actual job curing conditions. These samples could be required when: • There is a possibility of the air temperature surrounding the concrete falling below 40 degrees F, or rising above 90 degrees F. • The curing procedure may need to be improved and/or lengthened. • It is necessary to determine when the structure may be put into service. Compression strength tests shall be made on the laboratory -cured and job -cured concrete cylinders at seven (7) and twenty-eight (28) days, in accordance with ASTM C-39. The value of each test 01400-4 BRA92023 t, result shall be the average compressive strength of two (2) �- samples-taken.at�the'same�time from the same batch of concrete. The tests made at seven (7) days shall show strengths of not less than 2/3 of the design strength. For the 28-day cylinders, the strength level shall be satisfactory if the averages of all 1 sets of three (3) consecutive strength test results exceed the ' required design compressive strength, and no individual strength test result falls below the required compressive strength by more than 500 psi. Should the 7-day strengths shown by the test specimens fall below the required values, additional curing shall be performed on those portions of the structures represented by the test specimens at the Contractor's expense. Test cores shall be obtained and tested in accordance with ASTM Method of Obtaining and Testing Specimens from Hardened Cores and Beams of Concrete, Designation C-42. If additional curing does not give the strength required, the Owner reserves the right to require strengthening, replacement of those substandard portions of the structure, or additional testing, at the Contractor's expense. B. Provide verification testing when tests performed by the Owner j' indicate that materials or the results of construction activities are not in conformance with Contract Documents. C. Verification testing is to be provided at the Contractor's expense to verify products or constructed works are in compliance after corrections have been made. D. Tests must comply with recognized methods or with methods recommended by the Owner's testing laboratory and approved by the Engineer. 1.07 TEST REPORTS A. Test reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms. These reports must include the following: a. Name of the Owner, project title and number, equipment installer and general contractor. b. Name of the laboratory, address, and telephone number. c. Name and signature of the laboratory personnel performing the test. d. Description of the product being sampled or tested. e. Date and time of sampling, inspection, and testing. 7 01400-5 BRA92023 r f. Date the report was issued. g. Description of the test performed. h. Weather conditions and temperature at time of test or sampling. i. Location at the site or structurewherethe test was taken. j. Standard or test procedure used in making the test. k. A description of the results of the test. 1. Statement of compliance or non-compliance with the Contract -" Documents. m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor or his suppliers or vendors on the forms provided in Section 01800, FORMS. B. Distribute copies of the test reports to: No. of Copies Owner 2 Resident Project Representative 1 — Engineer 1 Contractor 1 1.08 NON -CONFORMING WORK A. Immediately correct any work that is not in compliance with the Contract Documents or submit a written explanation of why the work is not to be corrected immediately and when the corrective work will be performed. B. Payment for non -conforming work shall be withheld until work is brought into compliance with the Contract Documents. 1.09 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY A. The testing laboratory representatives are limited to providing consultation on the test performed and in an advisory capacity. B. The testing laboratory.is not authorized to: 1. Alter the requirements of the contract documents. 2. Accept or reject any portion of the work. 3. Perform any of the duties of the Contractor. 4. Stop the work. 01400-6 BRA92023 r 2.00 PRODUCTS 2.01 TESTING APPARATUS Furnish testing apparatus and related accessories necessary to perform the tests. d r' f BRA92023 r i END OF SECTION 01400-7 THIS PAGE LEFT BLANK INTENTIONALLY 01800 FORMS THIS PAGE LEFT BLANK INTENTIONALLY Freese AAND��-{� 'C 1 c oLs INC LETTER OF TRANSMITTAL TO: DATE: PROJECT ATTENTION: PROJECT NO: We are sending you ❑ Attached ❑ Under Separate Cover VIA the following items: ❑ Daily Construction Reports No. ❑ Plans ❑ Specifications ❑ PIR No. ❑ CMR No. ❑ Addendum No. ❑ Memo.No. ❑ PCM No. ❑ Change Order No., ❑ Field Order No. ❑ Pay Req. ❑ Submittal No. ❑ Other Copies Ref.No. Description These are transmitted for your: ❑ Use ❑ Review & Comment ❑ Information ❑ Approval ❑ Distribution to Parties ❑ Response ❑ Record ❑ Other Remarks: Copies to: Route To: By: Telephone 817/336-7161 Fax 817/877-4267 811 Lamar Street, Fort Worth, TX 76102 8-20-91 Metro 817/429-1900 THIS PAGE LEFT BLANK INTENTIONALLY Freese AND Nichols, NC COMMUNICATIONS MEMORANDUM Name Representing Telephone Number To: From: Regarding: Project: Project No.: Owner: Date: Time: Memo No.: Subject: ACTION REQUIRED: Conies to: Route To: By: Telephone 817/336-7161 Fax 817/877-4267 Metro 817/429-1900 811 Lamar Street, Fort Worth, Texas 76102 8-20-91 THIS PAGE LEFT BLANK INTENTIONALLY r- PROJECT: OWNER: CONTRACTOR: ENGINEER: Freese and Nichols, Inc. REFERENCE DATA Submittal No. Description: Specification Section No.: Page No.: Sheet No.: Sheet Title: Detail Description: SUBMITTAL TRANSMITTAL PROJECT NO. Paragraph No.: IREVIEW AND DISTRIBUTION Date Rec'd: By: Date Ret'd: By: TYPE NO. DESCRIPTION NO. COPIES NO. COPIES SENT RETURNED CMR — Contractor's Modification Request CTR — Certified Test Report EIR — Equipment Installation Report OM _ Operation and Maintenance Manual MIS _ Miscellaneous Submittal NBC _ Notification by Contractor PCM _ Proposed Contract Modification PR _ Payment Request PP _ Project Photographs RD _ Record Data RFI _ Request for Information SCH Schedule of Progress SUBMIT SHOP DRAWINGS WITH SHOP DRAWING TRANSMITTAL FORM I COMMENTS: FOR ENGINEER'S USE ONLY: DISTRIBUTION REVIEW No. Sent to: Dept. By Date Sent Date Ret'd Nontractorl _ [Owner] rField Officel File 8/22/91 THIS PAGE LEFT BLANK INTENTIONALLY r r- SHOP DRAWING TRANSMITTAL PROJECT: PROJECT NO. OWNER: CONTRACTOR: ENGINEER: Freese and Nichols, Inc. REFERENCE DATA Shop Drawing No. SD- Description: Specification Section No. Page No. Paragraph No. Sheet No. Sheet Title Detail Description: CONTRACTOR'S CERTIFICATION I hereby certify that this Shop Drawing has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Orders and Field Orders. Certified by: Date REVIEW AND DISTRIBUTION Date Rec'd By Date Ret'd By This shop drawing has been reviewed for general compliance with the Contract Documents and is: ❑ Approved ❑ Approved as Corrected ❑ Not Approved (See Review Comments) This shop drawing was not reviewed because: ❑ Not required by Contract Documents ❑ Contains deviations from Contract Documents ❑ Has substantial errors ❑ Is not complete Distribution Status ❑ Revise and Resubmit ❑ Final Distribution COMMENTS: FOR ENGINEER'S USE ONLY: DISTRIBUTION No. Sent to: REVIEW _ fContractorl Dept. By Date Sent Date Ret'd _ LOwnerl — fField Officel File !" 8/22/91 No Text REQUEST FOR INFORMATION PROJECT: OWNER: CONTRACTOR: ENGINEER: Freese and Nichols, Inc. PROJECT NO. RFI DESCRIPTION: RFI No.: REFERENCE DATA Specification Section Sheet No.: Detail Description: No.: Page No.: Sheet Title: Paragraph No.: CONTRACTOR: - DATE SENT: BY: DATE REC'D: BY: ENGINEER: DATE SENT: DATE REC'D: BY: BY: ❑ Information ❑ items described below Interpretation ❑ or in the attached Clarification is requested for the material referenced below: I REQUESTED BY: DATE: ❑ Information ❑ items described below Interpretation ❑ or in the attached Clarification is requested for the material referenced below: RESPONSE BY: DATE: U/ZO/91 No Text PROJECT: OWNER: CONTRACTOR: ENGINEER: CMR DESCRIPTION: NOTIFICATION BY CONTRACTOR CONTRACTOR'S MODIFICATION REQUEST PROJECT NUMBER CMR NO. The Contractor proposes to make the additions, modifications, or deletions to the Work described in the Contract Documents, as shown in Attachment "A" and requests that you take the following action: • Notify us that you concur that this change does not require a change in Contract time or amount and issue a Field Order. O Issue a Change Order for performing the described change. Change in Contract amount are indicated in attached detailed cost breakdown of labor, material, equipment and all other costs associated with this change. Impacts on Contract Time are shown in the attached revised schedule. L Authorize the Contractor to proceed with the described change. Payment will be requested at the unit price bid. • Authorize the Contractor to proceed with the change under the time and materials provisions of the Contract. By: Date: ENGINEER'S RESPONSE We respond to your request as follows: O We concur that this is a no cost or time change. See attached Field Order No. O Your proposal is recommended to the Owner. See attached Proposed Change Order No. O Proceed with the change at the unit price bid. El Proceed with the change under the time and materials provisions of the Contract. O Additional information is required to evaluate this request. Provide information as described in the attached comments and resubmit. O Contractor's Modification Request is rejected. Proceed per Contract Documents. By: Date: 7 THIS PAGE LEFT BLANK INTENTIONALLY PROPOSED CONTRACT MODIFICATION PROJECT: PROJECT NUMBER OWNER• CONTRACTOR• ENGINEER: PCM DESCRIPTION: PCM NO. NOTIFICATION TO CONTRACTOR: The Owner proposes to make the additions, modifications or deletions to the Work described in the Contract Documents as shown in Attachment "A". We request that you take the following action within 10 calendar days: ❑ Notify us that you concur that this change does not require a change in Contract time or amount. A Field Order will be issued. ❑ Submit a Price Proposal with detailed cost breakdown of labor, materials, equipment, all other cost related to this change and a revised schedule for performing the described change. ❑ Proceed with the change. Payment will be made at the unit price bid. ❑ Proceed with the change under the time and materials provisions of the Contract. Authorization to proceed with changes must be approved by Field Order or Change Order in accordance with the Contract Documents. By: Date: CONTRACTOR'S RESPONSE: We respond to your request as follows: ❑ We concur that this is a no cost or time change. Issue Field Order. ❑ We submit the attached Price Proposal with detailed cost breakdown and. revised schedule for performing the described change. ❑ We are proceeding with the change at the unit price bid. ❑ We are proceeding with the change under the time and materials provisions of the Contract. By: Date: ACTION TAKEN: ❑ Proposed Contract Modification rejected. Contractor is hereby notified NOT to proceed: By: Date: ❑ Field Order issued: No. Date: By: ❑ Change Order issued: No. Date: By: 8/20/91 THIS PAGE LEFT BLANK INTENTIONALLY FIELD ORDER PROJECT: PROJECT NUMBER OWNER: CONTRACTOR: ENGINEER: Freese and Nichols Inc. FIELD ORDER NO.: DATE: The Contractor is hereby directed as set forth below. These instructions are issued pursuant to the General Conditions in the Contract Documents. It is the Engineer's opinion that this FIELD ORDER does not alter the Contract Price or the Contract Time. The Contractor must notify the Engineer immediately and request a change order if the Contractor does not agreed with the Engineer's opinion. Prepared by FREESE AND NICHOLS. Inc. By 8 20 91 THIS PAGE LEFT BLANK INTENTIONALLY Freese AND FIELD MEMORANDUM Name Representing To: From• Regarding: Project: Project No.: Owner• Date: Time: Memo No.: Subject: ACTION REQUIRED:. ies to: I 1 it Route To: By: Telephone 817/336-7161 Fax 817/877-4267 Metro 817/429-1900 811 Lamar Street, Fort Worth, Texas 76102 8/20/91 THIS PAGE LEFT BLANK INTENTIONALLY CHANGE ORDER PROJECT: PROJECT NUMBER CONTRACTOR: ENGINEER: Freese and Nichols Inc. OWNER: CHANGE ORDER NO.: DATE: Make the following additions, modifications or deletions to the work described in the Contract Documents: The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Previous Contract Amount $ Net Change in Contract Amount $ Revised Contract Amount $ Previous Contract Time Previous Substantial Completion Date Previous Final Completion Date Net Change in Contract Time Revised contract time Revised Substantial Completion Date Revised Final Completion Date Recommended by Approved by FREESE AND NICHOLS, INC. [CONTRACTOR] By By Date Date Approved by [OWNER] By Date 8 22/91 THIS PAGE LEFT BLANK INTENTIONALLY r i r" i OWNER: CONTRACTOR: ENGINEER: Freese and Nichols, PROJECT PERIOD FROM: F'tK1UUILAL U 11MA I t MK F'AK I LAL PAYMM I PROJECT NO.: Inc. _ TO ESTIMATE NO. SUMMARY OF PAYMENT ESTIMATE VALUES FROM ATTACHED TABULATIONS Original Contract Amount Approved Change Orders Current Contract Amount Total Value of Original Contract Performed (Attachment "A" consisting of _ pages) Extra Work on Approved Change Orders (Attachment "B" consisting of _ pages) Materials on Hand (Attachment "C" consisting of _ pages) Total Value of Work to Date Less Amount Retained at Net Amount Earned on Contract Less Amount of Previous Payments BALANCE DUE THIS STATEMENT Percentage of Contract Paid to Date The undersigned Contractor certifies that all work, including materials on hand, covered by this Periodical Payment has been completed or delivered in accordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previous Periodical Payments were issued and received from the Owner, and that the current payment shown herein is now due. Contractor: By, Subscribed and sworn to before me this _ day of Notary Public: Date , 1991. My Commission expires: Recommended for Payment By: Approved for payment by: Freese and Nichols, Inc. Date Approved for Payment by: (Owner's Representative Date Date Approved for payment by: Date THIS PAGE LEFT BLANK INTENTIONALLY ATTACHMENT "A" PERIODICAL ESTIMATE FOR PARTIAL PAYMENT TABULATION OF VALUES FOR ORIGINAL CONTRACT WORK PERFORMED PROJECT NO• OWNER: CONTRACTOR: ENGINEER: PROJECT: ESTIMATE NO: PERIODICAL ESTIMATE FOR PERIOD FROM: TO: ITEM DESCRIPTION OF ITEM QUANTITY UNIT OF UNIT TOTAL QUANTITY QUANTITY VALUE % OF NO. ORIGINAL MEASURE PRICE CONTRACT THIS TO OF WORK WORK ESTIMATE AMOUNT ESTIMATE DATE COMPLETED COMP. TOTAL FOR PAGE/PROJECT Page of THIS PAGE LEFT BLANK INTENTIONALLY ATTACHMENT "B" PERIODICAL ESTIMATE FOR PARTIAL PAYMENT TABULATION OF VALUES FOR APPROVED CHANGE ORDERS PROJECT NO.: OWNER: CONTRACTOR: ENGINEER: PROJECT: PERIODICAL ESTIMATE FOR PERIOD FROM: TO: ESTIMATE NO.: CHANGE DESCRIPTION OF ITEM QUANTITY UNIT OF UNIT TOTAL QUANTITY QUANTITY VALUE k OF ORDER/ ORIGINAL MEASURE PRICE CONTRACT THIS TO OF WORK WORK ITEM NO. ESTIMATE AMOUNT ESTIMATE DATE COMPLETED COMP. TOTAL FOR PAGE/PROJECT Page of THIS PAGE LEFT BLANK INTENTIONALLY ATTACHMENT "C" PERIODICAL ESTIMATE FOR PARTIAL PAYMENT TABLUATION OF VALUES FOR MATERIALS ON HAND PROJECT NO.: OWNER: CONTRACTOR: PROJECT: PERIODICAL ESTIMATE FOR PERIOD FROM: TO: ESTIMATE NO.: ITEM NO. NAME OF SUPPLIER INVOICE NO. ATTACHMENT 'A' or "B" ITEM NO. ORIGINAL INVOICE AMOUNT AMOUNT INSTALLED TO DATE BALANCE OF MATERIALS ON HAND TOTAL FOR THIS PAGE/PROJECT Page of THIS PAGE LEFT BLANK INTENTIONALLY ATTACHMENT "D" PROJECT SUMMARY PROJECT NO.: ESTIMATE NO.: OWNER: CONTRACTOR: ENGINEER: PROJECT: PERIOD FROM: CONTRACT TIME SUMMARY TO Date of Notice to Proceed Original Contract Duration Original Date of Contract Completion Approved Time.Extensions Current Contract Duration Current Date of Contract Completion Days Charged to Project to Date Days Remaining in Contract Percent of Current Project Duration Current Scheduled Completion Date Project is (Ahead/Behind) Schedule CONTRACT COST SUMMARY Days Days Days Days Days 0 Days Original Contract Amount $ Approved Change Orders $ Current Contract Amount $ Contract Earnings to date on Original Contract $ Earnings on Approved Change Orders $ Materials on Hand $ Total Current Project Amount Earned $ Percent of Contract Earned to Date Retainage $ Amount Paid to Date $ Percent of Contract Paid to Date THIS PAGE LEFT BLANK INTENTIONALLY r NOTIFICATION BY CONTRACTOR PROJECT: OWNER CONTRACTOR ENGINEER: Freese and Nichols, Inc. PROJECT NUMBER DESCRIPTION: NBC No.: NOTIFICATION IS GIVEN OF THE FOLLOWING: ❑ Concrete Placement Notice ❑ ❑ Concrete Testing Request ❑ ❑ Soils Testing Request ❑ ❑ Mechanical Testing Request ❑ ❑ Structural Observation Request ❑ Date When Work is to be Accomplished: Description: Electrical Observation Request Mechanical Observation Request Facility Shutdown Request Request to Work Outside Regular Hours Other (See Below) Requested by: Date: RESPONSE TO NOTIFICATION: Response by: Date: Off If VI THIS PAGE LEFT BLANK INTENTIONALLY MOISTURE -DENSITY FIELD TEST RESULTS PROJECT: OWNER: CONTRACTOR: ENGINEER: Freese and Nichols, Inc. PROJECT NUMBER DESCRIPTION: REPORT NO.: TEST NO. DATE of TEST RETEST of TEST TEST LOCATION LABORATORY MOISTURE DENSITY DATA FIELD DENSITY FIELD MOISTURE TEST STATUS STRUCTURE FILL ITEM MC DD STA.& OFFSET ZONE LIFT/ ELEV. NO. MDD- PCF OK PCF %MDO WT % C NC C NC LEGEND N = NUCLEAR GAUGE- ASTM D2922 & D3017 S = SAND CONE-ASTM D1556 P = STANDARD PROACTOR-ASTM DA698 PM = MODIFIED PROCTOR-ASTM 01557 R = RELATIVE DENSITY-ASTM D4253 & D4254 CS = MOISTURE DENSITY RELATIONS OF SOIL-CEMENT-ASTM D558 AC = LAB. MOLDED DENSITY OF ASPHALT CONCRETE- ASTM D1559 OR D1560 MOD = MAXIMUM DRY DENISTY; DD - FIELD DRY DENSITY OMC = OPTIMUM MOISTURE CONTENT; MC = FIELD MOISTURE CONTENT PCF = POUNDS PER CUBIC FOOT; WT = WEIGHT; SG - SUBGRADE; PL = PLATING C = COMPLIANCE WITH CONTRACT DOCUMENTS NC = NONCOMPLIANCE WITH CONTRACT DOCUMENTS REMARKS: TEST BY: WITNESS BY: 9/17/91 THIS PAGE LEFT BLANK INTENTIONALLY r Freese AND Nichols.,Nc DAILY CONSTRUCTION REPORT PROJECT NO. REPORT NO. PROJECT OWNER CONTRACTOR Date: Day: Weather: Temp: Humidity: Wind: VISITORS Time Name Representing Remarks AVERAGE FIELD FORCE Contractor No. Working Equipment in Operation Non -Conforming Materials or Work: Follow up Inspections of Previously Reported Deficiencies: Field Problems which Could Result in Delay or Claim: Major Equipment or Materials Received: Construction Activities: THIS PAGE LEFT BLANK INTENTIONALLY r Construction Activities (continued) By Resident Project Representative 8/20/91 THIS PAGE LEFT BLANK INTENTIONALLY r F 02100 SITE PREPARATION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment and incidentals necessary to prepare the site for construction, including the removal of trees and brush, and disposal of construction debris. B. Remove existing structures as indicated or as specified herein, including foundations, concrete steps and sidewalks, septic tanks, fences, retaining walls, or other features either above or below ground level. 1.02 JOB CONDITIONS A. Protect trees and landscaping not designated to be removed from damage. Contractor and Engineer shall visit the site and mark trees that are to remain. In the event that these trees are in close r proximity to the construction, wrap trunks with 2 x 4 lumber and take precautions to prevent damage to limbs and root systems. B. Except where further excavation extends beyond the cavities resulting from work performed under this section, fill holes with appropriate backfill material and tamp to the density of the surrounding undisturbed soil. Finish the site by blading or other methods to smooth the area, remove ditches, mounds, or other natural or manmade irregular features. Blend grades together in a smooth uniform manner. C. Felled trees, brush, lumber, concrete, and other debris shall become the property of the Contractor, and shall be disposed of at a nearby site designated by the Owner. 1.03 TREES AND BRUSH A.. Remove trees and brush of all sizes and description within the �- limits of construction of the boat ramp, drainage ways and spoil areas. Cut trees approximately 12" above ground line and grub out and remove the remaining stumps and roots. Remove root systems �- larger than 1" to 12" below the lowest foundation line. B. Scrape the entire site within the limits of construction of the boat �- ramp, drainageways, and spoil areas, clear of brush, under -growth, j or other vegetation. r 02100-1 i BRA92023 I i 1.04 REMOVAL OF STRUCTURES Remove any concrete or masonry structures within the limits of the construction, or as otherwise indicated, including concrete slabs, foundations, brick or other masonry work, concrete steps, septic tanks, sidewalks, pavements, curbs and gutters, or other components. 1.06 UNDERGROUND STRUCTURES A. Remove underground structures such as abandoned manholes, vaults, septic tanks and distribution field piping, inlets, buried trash, or debris. B. Take precautions during excavation procedures to guard against damage to active underground piping. In the event that inactive or abandoned pipelines are uncovered, determine that the lines are inactive, then remove buried piping within the limits of construction, or 4'-0" beyond the limits of construction or as needed to clear excavations. Plug both ends of such abandoned piping with concrete plugs. C. Remove underground obstructions to a minimum depth as follows: 1.. Ramps - 2' below natural grade or 12" below sub -base, whichever is greater. 2. All other areas - 1' below natural or finish grade, whichever is greater. 2.00 MEASUREMENT AND PAYMENT 2.01 MEASUREMENT No measurements are required. 2.02 PAYMENT Payment for work covered under this section of the specifications will be made at the lump sum price bid for "Site Preparation" which payment shall constitute full compensation for labor, equipment, tools, and incidentals necessary to complete the work specified herein. No payment will be made for clearing and grubbing as such in borrow areas, or waste disposal areas, and cost thereof shall be included in the appropriate bid price of the type of work involved. The amount bid for "Site Preparation" shall not exceed two percent (2%) of the total amount bid for the project, exclusive of bid items "Site Preparation" and "Mobilization and Demobilization". END OF SECTION 02100-2 BRA92023 FM 1.01 WORK INCLUDED A. This specification consists of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. This specification is for the purpose of providing minimum performance specifications, and the Contractor shall develop, design, and implement the trench safety system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work" for the workman. Refer also to General Requirements, Article 5.8. B. Should the trench safety protection system require wider trenches than specified elsewhere, the Contractor shall be responsible for the costs associated with determining adequacy of pipe bedding and class, as well as, purchase and installation of alternate materials. 1.02 STANDARDS A. The following standard shall be the minimum governing requirement of l this specification and is hereby made a part of this specification as if written in its entirety. Occupational Safety and Health Standards - Excavations (29CFR Part 1926), U.S. Department of Labor, latest edition. B. Comply with the applicable Federal, State, and local rules, regulations, and ordinances. 2.00 MEASUREMENT AND PAYMENT 2.01 MEASUREMENT Measurement shall be by the linear foot for "Trench Excavation Safety Protection." { 2.02 PAYMENT Payment for work covered under this section of the specifications will _ be made at the unit price bid for "Trench Safety Protection", which payment shall constitute full compensation for labor equipment, tools and incidentals necessary to complete the work specified herein. END OF SECTION 02220-1 BRA92023 7 THIS PAGE LEFT BLANK INTENTIONALLY FM 02260 EARTHWORK 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment and incidentals necessary to complete excavation, backfilling, and grading as indicated and specified herein. B. Perform excavations for the concrete boat ramp and soil cement drainage ways and other excavations required for the work. Backfill excavations not otherwise filled by the construction. C. Perform grading as necessary to conform to the elevations or contours indicated, including cutting and removal of excess earth, and the addition, spreading, and compaction of additional earthwork as required. Perform finish grading to route site runoff into drainage ways and install topsoil on all cut slopes. D. Prepare subgrades for slab -on -grade foundations and sub -bases for pavements. 1.02 QUALITY ASSURANCE A. Contractor shall be responsible for field tests of compacted earth fill as follows: 1. Fill under boat ramp or drainage ways --Six (6) field density r- tests minimum, plus one (1) additional test per 2500 square feet of area. Tests are required only when the depth of imported fill under slabs exceeds 8". 2. Submit samples of proposed fill materials to testing laboratory for determination of Liquid Limit and Plasticity Index. B. Owner reserves the right to conduct his own tests, using the services of an independent testing laboratory. Provide access to the site for testing purposes at all stages of construction. 1.03 SUBMITTALS Submittals shall be in accordance with Section 01300, SUBMITTALS and shall include: 1. Test reports for soil compaction. 02260-1 BRA92023 1.04 STANDARDS The applicable provisions of the following standard shall apply as if written here in its entirety: ASTM C-33 "Specification for Concrete Aggregates" 1.05 DELIVERY AND STORAGE Earth fill delivered to the site shall be dumped and spread as it arrives to the site. Stockpile of earth, if required, shall be stockpiles in neat piles at locations which do not interfere with underground utilities or other anticipated work. 1.06 JOB CONDITIONS A. Provide trench safety procedures as specified in Section 02220, TRENCH SAFETY. B. Provide barricades and other protective devices around open ditches and other hazards. C. DISPOSAL OF OVERBURDEN: Earth removed during excavation and trenching operations, and not reused in backfilling or fill operations shall be deposited at the lake side of the ramp in the spoil areas. This waste fill shall be compacted in 3' lifts with at least 6 passes of a D-8 dozer. The fill will be sloped at a 14% grade the width of the boat ramp and drainage ways, and terminated on 3:1 side and end slopes. Waste rock areas shall be located on the upriver side of this spoil area. 2.00 PRODUCTS 2.01 MATERIALS A. BACKFILL 1. UNSELECT FILL: Material consistent with earth removed from the excavation, free of boulders, rocks, roots, trash, or debris. Overburden removed from the excavation may be used, if meeting the proceeding limitations. Generally earth shall be sandy clay, having a sand content of approximately 15%. 2. SELECT FILL, CLASS A: A well -graded combination of granular materials and some silty clays as a binder, containing no rock, gravel, or organic matter, and having a Plasticity Index (PI) between 4 and 12 and a Liquid Limit less than 30. 02260-2 BRA92023 .. 3. SELECT FILL, CLASS B;._A:,well-graded combination of granular materials and some silty clays as a binder, containing no rock, gravel, or organic matter. Testing not required. 4. GRAVEL SUBBASE: A. Gravel subbase material shall be composed of tough durable particles; shall be reasonably free from thin, flat and elongated pieces; shall be a natural material; shall be well graded within the prescribed limits; and shall contain no organic material nor soft, friable particles in quantities considered objectionable by the Engineer. B. The gravel shall have a maximum loss of less than 25 percent weighted average at 5 cycles when tested for soundness in Magnesium Sulphate in accordance with ASTM Standard C-88. C. The gradation of the gravel shall be as follows: Sieve Size % Passing 3" 100 1-1/2" 80-100 3/4" 60-90 1/4" 25-70 #4 0-20 #100 0-5 B. TOPSOIL: 1. Topsoil shall be rich, sandy loam, free of gravel, rocks, or organic matter. Topsoil shall be treated to kill nutgrass and weeds. 2. Where sufficient topsoil is available at the site, remove existing uppermost 6" of topsoil and stockpile at locations that do not interfere with construction. This earth may be used as topsoil under the following conditions: a) Soil must comply generally with requirements for topsoil listed above, and be approved by the Engineer. b) In the event that this earth contains excessive amounts of clay, haul in sandy loam up to 35% and thoroughly mix with existing earth prior to spreading on the site. 02260-3 BRA92023 3.00 EXECUTION 3.01PREPARATION; ESTABLISHMENT OF LINES AND GRADES A. Accurately locate property lines, survey markers, setbacks, and utility easements. Establish lines of paved areas using the reference points indicated. In the event that Contractor finds any discrepancy to the information indicated on the drawings, notify the Engineer promptly for instructions. B. Establish a permanent benchmark to be used as a reference throughout the Project. Relate all other grades to this benchmarks. Prior to other work, verify critical points on the site and check elevations noted. Establish finish grades and other important elevations, and set batter boards in relation to these grades. C. Employ the services of a professional surveyor to identify property lines and to establish a means of grade control to be used throughout the work. Where extensive grading is required, surveyor shall set grade markers at perimeters of site and shall set grade stakes for cut and fill. Reset and check elevations as the work progresses. 3.02 EXCAVATION A. Perform excavations to the line and grades and to the levels indicated. Excavations shall include the removal of boulders and rock layers, abandoned pipes, old foundations, or other obstructions encountered below ground line. Extend excavations a sufficient distance beyond footings to allow for the construction of forms and bracing, to allow for the inspection of the work. B. Maintain excavations free of water at all times. Provide pumps as required. Insure that discharge from pumps is directed away from construction site and adjacent property. C. Where foundations bear on undistributed earth, take precautions to insure that excavations are level and reasonably smooth. Remove loose, fractured layers, or other unsuitable materials. Hand clean to remove loose dirt, mud, or other debris. If excavations are performed in excess of the prescribed depth, fill the extra depth with concrete. Backfilling of over -excavated depths shall not be allowed. 02260-4 BRA92023 r 3.03 ROCK EXCAVATION E A. Examine exposed rock in river bank to determine types of excavations that can be anticipated to be encountered. Perform excavations necessary, including rock, boulders, or ledgestone. B. Rock is defined as stone, hard shale, or limestone existing in original ledges or boulders over 1/2 cubic yard in volume, requiring the use of air drills, coring devices, or powered machinery to be removed. C. Blasting shall be permitted on this project under the following conditions: r' 1. General: All blasting performed under shall conform to all State and Federal requirements for the use and handling of explosives. Before proceeding with any work under this part of the Specifications, the Contractor shall submit to the Engineer for approval, complete details of his proposed blasting operations, giving a schedule of such operations, details of blasting procedure, details of all safety precautions to be taken, qualifications of person to direct blasting operations, warning system to be used prior to blasting, and any other pertinent details as may be required by the Engineer. In addition, the Contractor shall file a report with the Engineer on each blast and shall include therein any recommendations for changes in blasting procedure. In addition to all other requirements herein, the Contractor shall be responsible for determining any other safety requirements unique to his blasting operation on this particular site so as not to endanger life, property, utility services, or any existing or new construction. No requirement of or omission to require any precautions under this Contract shall be deemed to limit or impair any responsibility or obligations assumed by the Contractor under or inconnection with this Contract, and the Contractor shall at all times maintain adequate protection to safeguard the public and all persons engaged in the work and shall take such precautions as will accomplish such end, without undue interference with the public. The transportation, handling, storage, and use of dynamite and other explosives shall be directed and supervised by a person of proven experience and ability in blasting operations. Satisfactory written evidence of such experience shall be 02260-5 BRA92023 provided to the Engineer prior to beginning the blasting operation. Contractor shall indemnify Owner and Engineer against damages _caused by the transportation, handling, storage or use of explosives. The Contractor shall notify the proper representatives of any public service corporation, any company, or any individual whose property may be endangered or damaged by the handling or use of the explosives, not less than forty-eight (48) hours in advance of the use of explosives. Wherever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES", and shall be under the care of a competent watchman at all times. 2. APPROVAL OF PROCEDURES: No blasting shallbe done without authorization of the Engineer. A plan and procedure shall be submitted outlining the areas where blasting will be done and its sequence with other construction. Authorization by the Engineer of the methods of blasting will not relieve the Contractor of full responsibility for blasting operations. The Contractor is liable for any damages both on the Owner's property or within the vicinity of the project. The Contractor shall provide the services of at least one (1) person, thoroughly qualified in the use of explosives, for designing each blast and directing the execution of the blast. The identification and qualifications of such person or persons shall be submitted in writing to the Engineer, who shall approve or disapprove their employment on the project. 3.04 TRENCHING A. Backhoes and mechanized trenching machines may be used for trenching operations, providing trenching machine is followed with hand shovels to insure that trenches are of uniform width, straight in line, and have consistent level bottoms. Maintain trenches free of trash or foreign matter until backfilling is complete. 3.05 BACKFILLING A. Backfill excavations as soon as possible, but not until inspection by the Engineer and the authorities having jurisdiction over the place of work is approved, and excavations have been cleaned of debris. Do not leave wood or forms in backfilled excavations. 02260-6 BRA92023 material for. x ayat'ons ma be unselect ma B. Backfi] 1_ � g q�,, _ , 1, _ ,y material installed at a rate not to exceed l2' per lift and compacted to the same density as surrounding undisturbed soil before adding the next layer. Backfill material shall be wet when compacted, but avoid excessive moisture. 3.06 FINISH GRADING A. Perform sitework, including the cutting of areas above finish grade, and filling and compaction of areas as necessary to bring existing grades to finish elevations. Remove overburden from areas requiring cuts and redistribute it to areas requiring fill or use as topsoil if appropriate. Where additional fill or topsoil must be imported, locate a source for material and perform adequate testing to verify requirements stated herein. Fill material shall be added to existing earth, spread out uniformly, compacted, tested, and approved before the next lift is added. Fill material around the edges of the ramp and drainage ways shall be unselect fill, deposited in 12" layer lifts, wetted and compacted. No testing is required. B. Finish grading shall be uniform throughout, maintaining proper grades, slopes, and contours. Provide slopes to insure that water drains into the boat ramp drainage ways. Avoid recesses that would trap water. Where new grades connect to existing, slope grades gradually and uniformly to blend into the existing. 3.07 SLAB ON GRADE A. Place concrete slabs constructed on grade over a 6" gravel fill except when Class A. Select Fill is otherwise specified. Gravel fill shall be of uniform thickness and shall be slightly damp when concrete is placed. B. The subgrade for the ramp and drainage.ways be scarified to a depth of 6 inches and recompacted to 95% Standard Proctor Density prior to installing the geotextile fabrics and gravel fill. C. Where compaction is required, scarify the existing earth a minimum of 8" prior to installing the first lift. Add the fill material and spread uniformly over the existing earth. Thoroughly mix with disc harrows and add moisture as required to obtain optimum moisture content. Compact to the specified density. B. Compaction shall be accomplished by means of sheepfoot rollers pulled by crawler -type tractors. Each successive trip of the roller shall overlap the preceding area. Continue compaction until the designated density is obtained. If any lift fails to meet the 02260-7 BRA92023 requirements for compaction, scarify the earth a depth of 8" and repeat the compaction process.; 3.8 TOPSOIL The upper 4" of fill material on the cut slopes outside of pavement areas shall be topsoil. After finish grading operations are complete, spread topsoil uniformly over the site and compact lightly. Remove clods, rocks, or other debris. Rake to a smooth and even surface, approximately 11' below top of pavements after settlement. 3.09 FIELD QUALITY CONTROL Field tests for compacted earth fill shall be performed by a recognized testing laboratory approved by the Engineer. One (1) copy of test results shall be sent ,to the Contractor and three (3) copies shall be sent to the Engineer. 4.0 MEASUREMENT The only portion of this specification to be measured is the gravel subbase material placed beneath the ramp concrete. This gravel subbase is to be measured by the cubic yard of material based on the neat lines shown on the plans. 5.00 PAYMENT A. Payment for all work covered under this section except for the gravel subbase in Paragraph 2.01 will be made at the lump sum price bid for the proposed item "Earthwork", which payment shall constitute full compensation for all costs of furnishing all labor, materials, transportation and equipment and for performing all earthwork on the project. B. Payment for the gravel filter in Paragraph 2.01 will be made at the unit price per cubic yard bid for the proposal item "Gravel Fill", which price shall constitute full compensation for all costs of furnishing all labor, materials, transportation and equipment and for performing all work to complete the installation of the gravel subbase for the project. END OF SECTION 02260-8 BRA92023 F . I, 02263 GEOTEXTILE - EROSION CONTROL-. l 1.00 GENERAL r" 1.01 WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary to install geotextile fabric. Use the geotextile in erosion control applications under the gravel subbase for the ramp as specified. The geotextile shall provide a permeable layer of media, while retaining the soil matrix. 1.02 QUALITY ASSURANCE A. DESIGN CRITERIA 1. The geotextile fabric shall be inert to commonly encountered chemicals, hydrocarbons, mildew and rot resistant, resistant to ultraviolet light exposure, insect and rodent resistant, and conform to the properties in the following table. 2. The average roll minimum value (weakest principle direction) for strength properties of any individual roll tested from the manufacturing lot or lots of a particular shipment shall be in excess of the average roll minimum value (weakest principle direction) stipulated herein. Test Requirements: Average Roll Minimum Value Physical Properties (Weakest Principle Direction)* Grab Tensile Strength* 200 ASTM D-4632 (Lbs.) Elongation at Failure* 70 ASTM D-4632 (%) Mullen Burst Strength 260 ASTM D-3786 (psi) Water Flow Rate 25 (gal/minlft2) ASTM D-4491 AOS(095) mm, ASTM D-4751 170 02263-1 { BRA92023 Physical Properties Trapezoid Tear Strength* ASTM D-4533 (Lbs.) Average Roll Minimum Value (Weakest Principle Direction)* 90 Permeability - k .02 (cm/sec) ASTM D-4491 Puncture Resistance 75 ASTM D-4833 (modified) (Lbs.) B. PACKING AND IDENTIFICATION REQUIREMENTS Provide the geotextile in rolls wrapped with protective covering to protect the fabric from mud, dirt, dust, and debris. The fabric shall be free of defects or flaws which significantly affect its physical properties. Label each roll of fabric in the shipment with a number or symbol to identify that production run. C. SAMPLING AND COMPLIANCE REQUIREMENTS A competent laboratory must be maintained by the producer of the fabric at the point of manufacture to insure quality control in accordance with ASTM testing procedures. The laboratory shall maintain records of its quality control results and provide a manufacturer's certificate upon request to the Engineer prior to shipment. The certificate shall include: 1. Name of manufacturer 2. Chemical composition 3. Product description 4. Statement of compliance to specification requirements 5. Signature of legally authorized official attesting to the information required 1.03 SUBMITTALS Submittals shall be in accordance with Section 01300, SUBMITTALS and shall include the Manufacturer's record data. 2.00 PRODUCTS 2.01 MATERIALS GEOTEXTILE: Non -woven fabric equivalent to Typar 3601 shall be used. 02263-2 BRA92023 c, 2.02 INSTALLATION A. Install the geotextile fabric in accordance with the plans. Construction vehicles will not be allowed to traffic directly on the fabric. Overlaps when necessary shall be 36" minimum. Use securing rpins when necessary to insure proper anchoring of the fabric, with securing pins spaced at 5 to 10 foot centers. Securing pins shall be 3/16" steel bars, pointed at one end and fabricated with a head to retain a steel washer having an outside diameter of not less than 1-1/2". The pin length shall not be less than 19". U-shaped pins or special staples shall be an acceptable option, if approved by the Engineer. B. Back -dump the aggregate onto the fabric and spread in a uniform lift maintaining design aggregate thickness at all times. Avoid over- stressing the soil by utilizing equipment in spreading and dumping that exerts only moderate pressures on the soil. Severe rutting at oft the time of placement is an indication of over -stressing the soil. Such soil over -stressing must be avoided. Increasing aggregate depths and reducing loads are two methods of reducing pressures on the soil. Fill any ruts which develop during spreading or compacting with additional aggregate rather than blading from surrounding areas. 3.0 MEASUREMENT AND PAYMENT Geotextile shall be measured for payment by the square yard in place. Measurement will be the nearest square yard. No allowance will be made for material in laps and seams. Payment will be made at the contract unit price bid for "Geotextile - Erosion Control", which price and payment shall constitute full compensation for furnishing all labor, material, equipment, and performing all operations in connection with r- placing the geotextile as shown on the plans. No measurement of, nor payment for, will be included for securing pins, and all costs incidental thereto shall be included in the contract unit price bid for �- "Geotextile - Erosion Control". r" END OF SECTION 02263-3 BRA92023 a THIS PAGE LEFT BLANK INTENTIONALLY 02274 SOIL -CEMENT 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment, and incidentals necessary to place soil -cement. Soil -cement shall consist of sandy soil, Portland Cement, fly ash, and water uniformly mixed, placed, compacted, finished, and cured in accordance with these specifications. The soil -cement shall be constructed to the lines, grades and dimensions indicated or established r by the Engineer. 1.02 QUALITY ASSURANCE OWNER TESTING A. The Owner will prepare durability and other tests (using PCA-Soil Cement for Water Control: Laboratory Tests) to determine the amounts of soil, cement, fly ash, and water to be utilized. If a durable soil -cement can not be produced from the proposed soil with at most 12% cement content or a 10% cement and 3% fly ash content, even though material passed all other tests, the soil shall be rejected and the Contractor must find another source at no additional cost to the Owner. The cement and fly ash content is expressed as the percent of dry weight of soil. B. The Owner will perform density and moisture tests on the soil cement. Soil cement shall meet the requirements outlined in Paragraph 3.03B. Any material not meeting the requirements shall be removed and replaced at no additional cost to the Owner. 1.03 SUBMITTALS Submittals shall be in accordance with Section 01300, SUBMITTALS and shall include: 1. At least 60 days prior to the beginning of soil cement production or to the change in soil sources, submit soil (500 lbs.), cement (94 lbs.), fly ash (94 lbs.), and water (12 gallons) samples of the materials to be used for soil cement. The samples shall be used to perform the testing outlined in Paragraph 1.02 of this specification. 1.04 STANDARDS Testing and materials shall be in compliance with the latest revision of the following listed standards unless otherwise noted in the Contract Documents: 02274-1 BRA92023 ASTM C-94 "Specification for Ready -Mixed Concrete" ASTM C-136 "Method for Sieve Analysis of Fine and Coarse Aggregates" ASTM C-150 "Specification for Portland Cement" ASTM C-618 "Specification for Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete" ASTM D-558 "Test Method for Moisture -Density Relations of Soil -Cement Mixtures ASTM D-4318 "Test Method for Liquid, Plastic Limit, and Plasticity Index of Soils" PCA Soil Cement for Water Control: Laboratory Tests Portland Cement Association USBR Engineering Nomograph No. 26 1.05 DELIVERY AND STORAGE Do not stockpile soil until the soil -cement materials are tested and accepted in accordance with Paragraph 1.02 of this specification. 1.06 JOB CONDITIONS; MIXING A. MIXING PLANT Soil -cement shall be central -plant mixed in an approved continuous - flow or batch -type pugmill. The plant shall be equipped with metering and feeding devices that adds the soil, cement, fly ash, and water into the mixer in the specified quantities. The plant shall be equipped with sufficient scales and/or other measuring devices to verify that the specified amounts of soil, cement, fly ash, and water are utilized. Belt weigh scales shall be used for soil, cement, and fly ash. The 'Engineer may order additional measuring devices if deemed necessary. 'If the actual quantities of the mix vary more than 1% by weight of the specified quantities, plant operations shall be modified to provide the required accuracy. The minimum capacity of the plant shall be 300 tons per hour. B. SOIL CEMENT 1. Scales and metering devices shall be calibrated and certified on the site. Scales shall be certified at`least twice per year. Metering devices shall be recalibrated as often as needed to verify accuracy. 02274-2 BRA92023 ` 2. Soil, cement, and fl.y,ash;shall be mixed sufficiently to prevent r. balls from forming when water is added. The mixing time shall be that which is required to secure an intimate, uniform mixture of the soil, cement, fly ash, and water. At the completion of PM moist mixing, the soil shall be so pulverized that 100% of the mixture passes a 3/8" sieve and at least 80% by dry weight passes a No. 4 sieve. The moisture in the soil cement material after mixing shall be such that the material shall have the specified moisture content during compaction. No additional soil, cement, fly ash, or water shall be added after mixing. C. INSPECTION OF PLANT 1. The cement content shall be determined by the plant scales and r metering devices and may be verified by the Owner by testing in accordance with ASTM D-2901. 2. The Engineer shall have access at all times to all parts of the �. plant for checking the adequacy of the equipment in use, for inspecting operation of the plant and for verification of I"' weights, or proportions or character of material. The Engineer shall be notified prior to the calibration of the plant or scales or recalibration. D. TEMPERATURE During seasons of probable freezing temperature, do not mix or place soil -cement when the air temperature is below 45 degrees Fahrenheit; however, if the temperature is 40 degrees Fahrenheit and rising, soil cement slope protection may be placed. Do not place soil - cement if the soil to be processed is frozen, or if in the judgement of the Engineer, weather conditions are such that the material being processed cannot be completely compacted and protected before the advent of freezing temperatures. Remove and replace any damaged soil -cement at no additional cost to the Owner. E. Take the necessary precautions to avoid damage to completed soil - cement by the equipment and to avoid the deposition of raw earth or foreign materials between layers of soil -cement. Earth ramps crossing completed soil -cement must have at least 2' compacted thickness. Any damage resulting to the soil cement shall be repaired at the expense of and by the Contractor at the direction of the Engineer. 2.00 PRODUCTS 2.01 MATERIALS A. CEMENT: Portland Cement conforming to the specifications and tests 02274-3 G BRA92023 r for Type II Portland Cement of the American Society for Testing Materials Designation C-150. _ B. WATER: Free from objectionable quantities of organic matter, alkali, salts, and other impurities deleterious to the hardening of soil cement. When tested in accordance with ASTM C-94, water shall give 28 day strengths that are at least-90% of the strength of a companion control sample made with distilled water. The set time shall not be less than one (1) hour or greater than 1-1/2 hours of the control sample. C. FLY ASH: Type F Fly Ash shall be used for all soil cement. Pozzolans, such as fly ash, if used, shall comply with the specifications for fly ash and other pozzolans (ASTM C-618). The amounts of cement and pozzolan required shall be determined by tests made with the specific cement type, pozzolan, and soil to be used. If fly ash is specified, the amount and cement substitution rate shall be determined using PCA tests - Soil -Cement for Water Control: Laboratory Tests. D. SOIL 1. Soil shall consist of approved select sandy materials. The soil shall not contain any material deleterious to its reaction with cement. The soil shall have a plasticity index of less than three (3) when tested in accordance with ASTM D-4318. The soil shall meet the following gradation limits when tested in accordance with ASTM C-136: Sieve Size Percent Passing 2!1 100 1/2" 95 - 100 No. 4 80 95 No. 10 60 - 80 No. 200 5 - 30 2. The distribution and gradation of materials in the soil cement shall be such that no lenses, pockets, streaks or layers of material that differs substantially in texture or gradation from the surrounding material. Clay lumps larger than 1" shall be pulverized to pass a No. 4 sieve or screened out of the raw soil prior to mixing. 02274-4 BRA92023 2.05 EQUIPMENT < A. COMPACTION EQUIPMENT �. Equipment for compacting the soil -cement mixture shall be suitable for the purpose of obtaining the specified density uniformly through the layer being compacted without damage to underlying layers of soil -cement. 10-Ton steel wheel vibratory rollers shall be used on layers placed parallel to the slope. B. SPREADING EQUIPMENT Equipment for spreading the soil -cement mixture shall be suitable for the purpose as approved and shall be operated in such manner as to produce a reasonably smooth uniform surface. 3.00 EXECUTION 3.01 PREPARATION f Before soil -cement processing begins, grade and shape the area to be L covered with soil -cement as necessary to construct the soil -cement in conformance with lines, grades, thicknesses, and cross -sections indicated. The subgrade shall be firm and able to support the construction equipment and the soil -cement layers without yielding or subsequent settlement. The surface shall be rolled by one (1) pass of !^ the specified roller prior to placing soil cement. Immediately prior to the placement of the soil -cement, the receiving surface shall be in a moist condition. 3.02 TRANSPORTING Transport the soil -cement mixture from the mixing plant in clean equipment provided with suitable protective devices for use in unfavorable weather. The total elapsed time between the addition of water to the mixture and the start of compaction shall be the minimum possible. Haul time shall not exceed thirty (30) minutes, and compaction shall start as soon as possible after spreading. In no case, shall the total elapsed time from mixing to completion of compaction exceed sixty (60) minutes. The mixture shall not be left undisturbed for longer than thirty (30) minutes at any time during this period. 3.03 PLACEMENT A. GENERAL 1. Place soil -cement in 9" thick layers parallel to the slope as indicated. 02274-5 BRA92023 2. The spreading equipment shall be controllable so as to produce _ layers which, when compacted, are each approximately 9 inches thick and meet all of the requirements of these specifications and in accordance with the details shown on the drawings. If the hereinafter specified density cannot be obtained throughout —' a 9-inch lift, reduce the lift thickness. Successive layers in a section shall be placed and compacted as soon as practicable after the preceding layer is completed. Finished surfaces of - soil -cement shall be kept moist in accordance with Paragraph 3.06 of this specification. 3.04 COMPACTION A. GENERAL At the start of compaction, the soil cement mixture shall be in a uniform, loose condition throughout the full depth. Proceed with the compaction and spreading so that the length of time from mixing to completion of compaction does not exceed one (1) hour. When any of the compaction operations -are interrupted prior to completion of compaction so that the mixture which has not been completely compacted is left unfinished for more than 30 minutes for any reason, or when the soil -cement mixture, before completion of compaction, is wetted by rain so that the average moisture content exceeds the tolerance at the time of final compaction, remove and replace the entire layer affected in accordance with these specifications at the expense of the Contractor and no payment shall be made for cement used in the removed material. If, in the opinion of the Engineer, the surface of a layer of soil -cement has been rutted or compacted by hauling equipment sufficiently to reduce the effectiveness of compaction by the roller, scarify the surfaces as ordered, prior to compacting. Excess soil -cement material not compacted with the lift or removed from the lift after compaction shall be wasted. B. DENSITY AND MOISTURE Uniformly compact the soil -cement to an average of (10 test running average) 98% of maximum density. The minimum density of any test shall be 95% of maximum density. The moisture content at the time of compaction shall be between 1% dry and 2%`wet of optimum. The moisture content shall in any case be less than that which causes the soil -cement to become unstable during compaction and finishing operations. Optimum moisture and maximum density shall be determined using ASTM D-558 or USBR Engineering Monograph No. 26. 3.05 FINISHING A. After compaction, the soil -cement layer shall be further shaped, if 02274-6 BRA92023 necessary, to the required.,.-lines� grades, and cross -sections and rolled to a reasonably leael surface in not longer than two (2) hours from the time water is added to the mixture. As part of the compaction, the top of each soil -cement layer shall be left with depressions approximately 1/2" deep. The purpose of the depressions is to prevent a smooth surface and provide some interlocking with the overlying lift. Sweep away loose material and accumulated debris immediately prior to placement of the next layer. B. At the end of each day's work or whenever construction operations are interrupted for more than three (3) hours, form a construction joint by cutting back along the unfinished edge of the soil -cement to form a full -depth face perpendicular to the compacted surface face. 3.06 BONDING SURFACES A. Keep compacted surfaces of soil -cement that are to receive an overlying or adjacent layer of soil -cement moist continuously until placement of the overlying or adjacent layer of soil -cement; except do not keep surfaces moistened for a longer period than seven (7) days. The bonding surface shall be power broomed then moistened immediately before placing overlying layer. B. If more than 12 hours time have elapsed between completion of one (1) horizontal layer and placement of an overlying horizontal layer, place a bedding grout of one (1) part cement and two (2) parts sand uniformly spread over the lift. The grout shall be 1/8" thick and shall not be disturbed by hauling or processing equipment. Bedding grout is not required to bond adjacent soil cement layers placed by plating parallel to the slope. 3.07 CURING A. Keep temporarily exposed !^ 3.05. Exercise care to " water is applied to the succeeding layers. surfaces moist as set forth in Paragraph ensure that no curing material other than surfaces that will be in contact with B. Keep permanently exposed surfaces in a moist condition for seven (7) days or surfaces may be covered with some suitable curing material. Any damage to the protective covering within seven (7) days shall be repaired at the Contractor's expense. r- C. Regardless of the curing material used, keep the permanently exposed F surfaces moist until the protective cover is applied. Such protective cover is to be applied as soon as practicable, with a r- maximum time limit of 24 hours between the finishing of the surface and the application of the protective cover or membrane. f 02274-7 11 BRA92023 7 D. When necessary, protect the soil -cement from freezing for seven (7) days after the construction by a covering of loose earth, straw, or other suitable material. E. If loose earth is used for curing on surfaces not requiring bonding, it will have to be removed prior to completion of the project. 4.00 MEASUREMENT AND PAYMENT A. MEASUREMENT 1. SOIL -CEMENT Measurement for payment of soil -cement shall be computed in place after compaction to the lines, slopes, dimensions and grades indicated or established by the Engineer. No measurement for payment of soil -cement shall be computed for soil -cement which, after compaction, lies outside the lines indicated or established by the Engineer. 2. PORTLAND CEMENT AND FLY ASH FOR SOIL -CEMENT Measurement for cement and fly ash shall be computed on the prescribed percentage incorporated into the soil -cement as measured above. Invoices shall not be used as basis of payment, but may be requested by the Engineer to verify that the computed quantity was used. This percentage shall be determined by the Engineer as described in Paragraph 1.02B of this specification with no payment for waste. For estimating purposes, it was assumed that 287 pounds of cement and 86 pounds of fly ash will be used per cubic yard of soil cement. B. PAYMENT 1. SOIL -CEMENT Payment for soil -cement protection shall be made at the unit price bid per cubic yard for Item, "Soil -Cement" which price shall be full compensation for furnishing labor, materials and equipment for mixing, placing and rolling the soil -cement in place and curing the completed soil -cement as specified herein and as indicated. No separate payment shall be made for excavating and transporting the soil used in soil -cement. No separate payment shall be made for curing compounds used in the work, but the cost thereof shall be included in the price bid per cubic yard bid for "Soil -Cement". No payment shall be made for excavation, transporting, or placing of earth material used as a protective cover for curing purposes. 02274-8 BRA92023 ti 41 y 2. PORTLAND CEMENT ANO SLY ASH.,FOR SOIL -CEMENT Cement and fly ash used in soil -cement shall be paid for at the unit price per ton bid for Item, "Portland Cement for Soil PW Cement" and "Fly Ash for Soil Cement". No payment shall be made I for the cement used for bonding between lifts of soil cement as required in Paragraph 3.06. I At the Contractor's option, the two drainageways may be paved with six inches of 2,000 psi concrete with 6"x6" x W2.9xW2.9 sheets of welded wire fabric in lieu of the soil cement shown. 7 If this option is selected, bid item "Soil Cement" shall be used for the unit price of this concrete. Subbase preparation and curing requirements shall be the same as the soil cement. END OF SECTION r` 02274-9 BRA92023 r THIS PAGE LEFT BLANK INTENTIONALLY 7 03100 CONCRETE FORMWORK 1.00 GENERAL 1.01 WORK INCLUDED Furnish material and labor to form, tie, brace and support wet concrete, reinforcing steel and embedded items until the concrete has developed sufficient strength to remove forms. 1.02 QUALITY ASSURANCE A. DESIGN CRITERIA Forms shall be designed for the pressure exerted by a liquid weighing 150 pounds per cubic foot. The rate of placing the concrete, the temperature of the concrete, and all other pertinent factors shall be taken into consideration when determining the depth of the equivalent liquid. An additional design live load of 50 pounds per square foot shall be used on horizontal surfaces. B. ALIGNMENT CONTROL �- True alignment of walls and other vertical surfaces having straight lines or rectangular shapes shall be controlled and checked by the following procedures: 1. Forming shall be arranged with provisions for adjusting the horizontal alignment of a form, after the form has been filled with concrete _to grade, using wedges, turn -buckles, or other adjustment methods. Establish a transit line or other reference so that adjustments can be made to an established line while the concrete in the top of the form is still plastic. 2. Adjusting facilities shall be at intervals which permit adjustments to a straight line. Concrete shall not be placed until adequate adjusting facilities are in place. 1.03 STANDARDS Forming materials, accessories and their use shall conform to: ACI-301 Specifications for Structural Concrete for Buildings ACI-318 Building Code Requirements for Reinforced Concrete American Concrete Institute P. 0. Box 19150, Redford Station Detroit, Michigan 48219 03100-1 ! BRA92023 M 1 1 - AISC Manual of Steel Construction American Institute of Steel Construction 400 North Michigan Avenue Chicago, Illinois 60611 AISI Cold -Formed Steel Design Manual American Iron and Steel Institute 1133 15th Street, N.W. Washington,.D.C. 20005-2701 1.04 JOB CONDITIONS A. The Contractor shall notify the Engineer upon completion of various portions of the work required for placing concrete so that compliance with the plans and specifications may be monitored. The Engineer will authorize the Contractor to proceed with the placement after this has been completed and corrections, if required, have been made. B. In hot weather, both sides of the face forms may be required to be treated with oil to prevent warping and to secure tight joints. 2.00 PRODUCTS 2.01 MATERIALS A. LUMBER: Properly seasoned and of good quality; free from loose or unsound knots, knotholes, twists, shakes, decay, splits, and other imperfections which would affect its strength or impair the finished surface of the concrete. B. FIBER BOARD FORM LINING: Tempered Masonite Concrete Form Presdwood; minimum thickness of 3/16"; thoroughly wet with water at least 12 hours before using. C. PLYWOOD FORM LINING: Conforming to APA HDO; exterior exposure water, proof adhesive, 3/8" thick. D. CARTON FORMS: New, corrugated, fiberboard forms, as fabricated and distributed by Savway Carton Forms, Inc., Dallas, Texas; not less than six (6)" in depth; provide protective sheeting (plywood etc.) to distribute load. Forms shall be impregnated throughout with paraffin and laminated with water resistant adhesive. E. FORM OIL: Light, clear oil; shall not discolor or injuriously affect the concrete surface, or delay or impair curing operations. 03100-2 BRA92023 4 2.02 FABRICATIONS A. LUMBER: Lumber for facing or sheathing shall be surfaced on at least one (1) side and two (2) edges, and sized to uniform thickness. Lumber of nominal 1" thickness or plywood of 3/4" thickness shall be permitted for general use on structures, if backed by a sufficient number of studs and wales. B. SPECIAL FORM LUMBER 1. Molding for chamfer strips or other uses shall be made of redwood, cypress, or pine materials of a grade that will not split when nailed, and which can be maintained to a true line without warping. The form shall be mill cut and dressed on all faces. Fillet forms at sharp corners, both inside and outside and at edges, with triangular chamfer strips at all non- contiguous edges exposed to view. Thoroughly oil chamfer strips before installation on forms. C. FORMS (: 1. Forms shall be built mortar -tight and of material sufficient in strength to prevent bulging between supports. 2. Reused forms or form lumber shall be maintained clean and in good condition as to accuracy, shape, strength, rigidity, tightness, and smoothness of surface. 3. All forms shall be so constructed as to permit removal without damage to the concrete. 4 D. METAL FORMS 1. The specifications for "Forms" regarding design, mortar tightness, filleted corners, beveled projections, bracing, alignment, removal, re -use, oiling, and wetting shall apply equally to metal forms. 2. The metal used for forms shall be of such thickness that the forms will remain true to shape. Bolt and rivet heads on the facing sides shall be countersunk. Clamps, pins, or other connecting devices shall be designed to hold the forms rigidly together and to allow removal without injury to the concrete. 3. Metal forms which do not present a smooth surface or line up properly shall not be used. Exercise special care to keep metal free from rust, grease, or other foreign material that discolors the concrete. 7 03100-3 t. BRA92023 r- F i E. FORM LININGS 1. Timber forms for exposed concrete surfaces which are to be given a rubbed finish, shall be facelined with an approved type of form lining material. 2 If plywood is used for form lining, it shall be made with waterproof adhesive and have a minimum thickness of 3/4". It shall preferably be oiled at the mill and then re -oiled or lacquered on the job before using. 3. If fiber board is used, apply water to the screen side on the board. Stack the boards screen side to screen side. Use the smooth hard face as the contact surface of the form. Such surfaces may be formed with 3/4" thick plywood made with waterproof adhesive if backed with adequate studs and wales. The greatest strength of the outer plies should be at right angles to the studding. In this case, form lining will not be required. 4. Carefully align edges and faces of adjacent panels and fill the joints between panels with patching plaster or cold water putty to prevent leakage. Lightly sand with No. 0 sandpaper to make the joints smooth. 5. Forms which are reused shall have all unused form tie holes filled and smoothed as specified above. F. FORM TIES 1. Metal form ties shall be used to hold forms in place and to provide easy metal removal. The use of wire for ties shall not be permitted. 2. Remove metal appliances which are used inside the forms to hold the forms in correct alignment to a depth of at least 1/2" from the surface of the concrete, without undue injury to the surface from chipping or spalling. Such devices, when removed, shall leave a smooth opening in the concrete surface no larger than 7/8" in diameter. 3. Burning off rods, bolts, or ties shall not be'permitted. 4. Metal ties shall be held in place by devices attached to wales. Each device shall be capable of developing the strength of the tie. 5. Metal and wooden spreaders which are separate from the forms shall be wired to top of form and shall be entirely removed as 03100-4 BRA92023 1 the concrete is ;placed, 6. The use of metal form ties which are encased in paper or other material to allow the removal of complete tie, and which leave a hole through the concrete structure, shall not be permitted in the construction of basement or water bearing walls. 3.00 EXECUTION 3.01 PREPARATION Before placing concrete, insure that embedded items are correctly, firmly and securely fastened into place. Embedded items shall be thoroughly clean and free of oil and other foreign material. Anchor bolts shall be set to exact locations by the use of suitable anchor bolt templates. 3.02 INSTALLATION A. Pre -placement 1. During the elapsed time between building the forms and placing the concrete, maintain the forms to eliminate warping and shrinking. 2. Treat the facing of forms with a suitable form oil before r" concrete is placed. Apply oil before the reinforcement is placed. Wet form surfaces which will come in contact with the concrete immediately before the concrete is placed 3. At the time of placing concrete, the forms shall be clean and entirely free from all chips, dirt, sawdust, and other extraneous matter at the time . Forms for slab, beam and girder construction shall not have tie wire cuttings, nails, matches or any other matter which would mar the appearance of the finished construction. Clean forms and keep them free foreign matter during concrete placement. B. PLACEMENT 1. Set and maintain forms to the lines designated, until the concrete is sufficiently hardened to permit form removal. If, at any stage of the work, the forms show signs of bulging or sagging, immediately remove that portion of the concrete causing this condition. If necessary, reset the forms securely brace against further movement. 2. Erect forms complete before the reinforcement is placed. For narrow walls and other locations where access to the bottom of 03100-5 BRA92023 i the forms is not otherwise readily attainable, provide adequate cleanout openings. — 3. Carefully and accurately place and support reinforcement in concrete structures. — C. REMOVAL Remove forms so that the underlying concrete surface is not marred or damaged in any way. Forms shall not be removed until the concrete has attained sufficient strength (minimum of 28-day — compressive strength) to safely carry the dead load. 4.00 MEASUREMENT AND PAYMENT — Concrete formwork shall be considered incidental work and will not be paid as a separate item. The cost shall be included in such pay items — as are provided. Such pay items shall be total compensation for labor, materials, tools, machinery, equipment and incidentals necessary to complete the work in accordance with the plans and specification. END OF SECTION 03100-6 BRA92023 4 03200 CONCRETE REINFORCEMENT, . 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor and reinforcing materials required to cut, bend, tie, splice, place and support the reinforcement in the material grades, sizes, quantities and locations specified. 1.02 QUALITY ASSURANCE TOLERANCES Reinforcement shall be placed where specified, with the following maximum tolerances, plus or minus: 1. Cover 1/8" 2. Spacings 3/16" in 12" 1.03 SUBMITTALS Submittals shall be in accordance with Section 01300, SUBMITTALS and shall include: 1. Bar lists clearly marked with reference to plans 2. Shop plans showing proposed construction joints r 1.04 STANDARDS A. Reinforcing materials and the cutting, bending, tieing, splicing, placing and supporting of same shall be in compliance with the latest revision of the following listed standards, unless otherwise noted in the Contract Documents. The publications listed below are from: ASTM American Society for Testing and Materials 1916 Race St. Philadelphia, PA 19103. ACI American Concrete Institute P.O. Box 19150, Redford Station Detroit, MI 48219. CRSI Concrete Reinforcing Steel Institute 933 N. Plum Grove Road Schaumburg, IL 60195-4758 r 03200-1 BRA92023 Other specifications and proprietary items are as noted. B. The Contractor shall maintain one (1) copy of each of the applicable standards at the construction field office or job site. ,ASTM A-82 "Standard Specification for Steel Wire for Concrete Reinforcement" ASTM A-185 "Standard Specification for Steel Welded Wire Fabric for Concrete Reinforcement" ASTM A-615 "Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement" ACI-315 Manual of Standard Practice for Details and Detailing of Concrete Reinforcement ACI-318 Building Code Requirements for Reinforced Concrete CRSI Manual of Standard Practice 1.05 DELIVERY AND STORAGE Store steel reinforcement above the surface of the ground upon platform skids or other supports. Protect from mechanical injury and surface deterioration caused by exposure to conditions producing rust. When placed in the work, steel reinforcement shall be free from dirt, scale, dust, paint, oil and other foreign material. Tag and store steel reinforcement for ease of correlation with shop drawings. 1.06 JOB CONDITIONS A. Proposed deviations from reinforcing indicated on the plans or specifications shall be approved in writing by the Engineer prior to fabrication. B. Bar lengths shall be of the length shown on the plans or tables, not the minimum code length. C. Specified cover for reinforcing shall be maintained throughout construction. Bars shall be cut to lengths necessary to allow for proper clearances. D. Stirrups shall be hooked. 03200-2 BRA92023 2.00 PRODUCTS r 2.01 MATERIALS A. BARS: Billet -Steel Bars for Concrete Reinforcement conforming to ASTM A-615; Grade 60 with a minimum yield strength of 60,000 psi. r B. WIRE FABRIC: Cold -drawn steel wire conforming to Steel Wire for Concrete Reinforcement, ASTM A-82; fabricated in accordance with ASTM A-185. C. SUPPORTS: Bar supports used in slabs or beams which have a rubbed finish on the bottom side shall have uniform high density polyethylene (plastic) tips on the legs conforming to CRSI Class 1. The tips shall be approximately 1/8" thick between the ends of the chair legs and the form. D. BENDING: Reinforcement shall' be bent cold by machine to shapes indicated on the plans; true to shapes indicated; irregularities in bending shall be cause for rejection. Unless otherwise noted, all hook and bend details and tolerances shall conform to the requirements of ACI-315 and ACI-318. E. SPACERS: Galvanized metal spacers or precast mortar or concrete blocks. 3.00 EXECUTION 3.01 PREPARATION Before concrete is placed, use precast mortar blocks to hold steel into position, adjacent to formed surfaces in individual molds. Immerse the blocks in water for the remainder of at least a four -day curing period. Accurately cast blocks to the thickness required. Cast the blocks with the sides beveled, so that the size of the block increases away from the r- surface to be placed against the forms. Blocks shall be in the form of a frustum of a cone or pyramid. Provide suitable tie wires in each for anchoring the block to the steel, and to avoid displacement when placing the concrete. 3.02 INSTALLATION A. GENERAL: Place the reinforcement carefully and accurately in the - concrete structures. Rigidly tie and support the reinforcement. Welding of any type of reinforcement shall not be permitted. B. SPLICES 1. Splicing of bars, except where indicated on the plans shall not 03200-3 BRA92023 f be permitted. Lap splices which are permitted shall have a lap in accordance with the table of Tension Bar -Laps and Embedment lengths, as indicated on the plans or ACI 318. Rigidly clamp or wire the bars at all splices, in accordance with ACI. Overlap sheets of wire fabric other sufficiently to maintain a uniform strength and securely fasten. 2. Welding of reinforcing steel splices shall not -be permitted. 3. Make mechanical splices where shown on the plans using "Cadweld" reinforcing bar connectors, installed in strict accordance with the Manufacturer's instructions and recommendations. The mechanical device shall develop at least 125% of the specified yield strength of the bar. C. PLACEMENT 1. Place steel reinforcement, as indicated on the plans with the specified tolerances. Hold securely in place during the placing of the concrete. The minimum clear distance between bars shall be per ACI-318. Always pass vertical stirrups around the main tension members and securely attach thereto. Wire reinforcing together at a sufficient number of intersections to produce a sound, sturdy mat or cage of reinforcement that will maintain the reinforcement in correct positions when the concrete is poured. 2. Hold the reinforcing steel in concrete slabs firmly in place with wire supports or "chairs". Wire sizing and spacing of the chairs shall be sufficient to properly support the steel, and shall be in accordance with CRSI Publications "Manual of Standard Practice". 3. Space the reinforcing steel in concrete walls the proper distance from the face of the forms, as indicated on the drawings using galvanized metal spacers or precast mortar or concrete blocks. 3.03 FIELD QUALITY CONTROL Concrete shall not be deposited until the Engineer has observed the final placing of the reinforcing steel, and has given permission to place concrete. 4.00 MEASUREMENT AND PAYMENT Concrete reinforcing shall be considered incidental work and will not be paid for as a separate item. The cost shall be included in such pay items as are provided. Such pay items shall be total compensation for 03200-4 BRA92023 labor, materials, tools,,mach.inery, equipment and incidentals necessary to complete the work, according to the plans and specifications. END OF SECTION 03200-5 BRA92023 THIS PAGE LEFT BLANK INTENTIONALLY 03305 CONCRETE 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment, and incidentals necessary to place and mix concrete, consisting of Portland Cement, fine aggregate, coarse aggregate, admixtures, and water in the proper proportions as specified hereinafter. Reinforced concrete shall have a minimum strength of 3000 psi at 28 days. 1.02 QUALITY ASSURANCE A. DESIGN CRITERIA; CONCRETE PROPORTIONS AND CONSISTENCY 1. Concrete shall be proportioned to give the necessary workability and strength and shall conform to the following governing requirements: Min. 28 Day Min. Cement Max. Size Max. Water 1. Compressive Bags Per of Coarse Gals. Per Slump Strength -psi Cu. Yd. Aggregate Bag Inches Use 3,000 5.5 1h" 5.50 4-6 Ramp 2,000 4.0 1h" 7.0 4 Over - excavation only 2. In no case shall the amount of coarse material be such as to produce harshness in placing and honeycombing in the structure forms are removed. The proportions of fine and coarse aggregate shall be such that the requirements of the following table are complied with: r- Ratio of Coarse Aggregate to Fine Aggregate on Basis of Dry and Maximum Size of Coarse Aggregate Rodded Volumes Minimum Maximum 1" and Over 1.0 2.0 B. FACTORY TESTING The Contractor shall be responsible for the design of the concrete. A trial mix shall be designed by an independent testing laboratory, retained by the Contractor and approved by the Owner. The testing laboratory shall submit verification that the materials and 03305-1 BRA92023 proportions of the trial mix design meets the requirement of the specifications. In lieu of trial mix design, Contractor may submit a mix design used successfully in previous similar work, for similar materials for approval by Engineer. The Contractor shall not make changes in materials, either gradation, source, or brand, or proportions of the mixture after having been approved, except by specific approval of the Engineer. C. OWNER TESTING It is the responsibility of the Contractor to achieve and maintain the quality of concrete required by this section of the specifications. However, the Owner may, at his option and at his expense, secure the services of an independent testing laboratory to verify the quality of the concrete. The Owner shall have the right to require additional testing, strengthening, or replacement of concrete which has failed to meet'the minimum requirements of this section of the specifications. 2.00 PRODUCTS 2.01 MATERIALS A. CEMENT: Portland Cement conforming to the Specifications and tests for Type II Portland Cement of the American Society for Testing Materials, Designation C-150. B. FINE AGGREGATE: Fine aggregate consisting of natural, washed and screened sand having clean, hard, strong, durable, uncoated grains complying with the requirements for ASTM C-33. The sand shall generally be of such size that all will pass a 3/8" sieve, at least 954 pass a 1/4" screen and at least 80% pass a No. 8 sieve. Aggregate shall not contain strong alkali, or organic material which gives a color darker than the standard color when tested in accordance with ASTM Specification Designation C-40. C. COARSE AGGREGATE: Evenly graded and consisting of sound, washed and screened gravel, free of clay balls, or clean, crushed stone, having clean, hard, strong, durable, uncoated particles free from dust, clay balls, injurious amounts of soft, friable, thin, elongated, or laminated pieces, alkali, organic, or other deleterious matter. Coarse aggregates shall comply with ASTM C-33, Size 467. D. REINFORCING STEEL: New billet steel, deformed bars, conforming to ASTM A-615, Grade 60. E. ADMIXTURES: Concrete of 3000 psi or stronger shall contain air - entraining admixtures and when job conditions require, water 03305-2 BRA92023 reducing and set controlling admixtures may be used. Only r. admixtures specified herein may be used. 1. AIR -ENTRAINING ADMIXTURE: Comply with ASTM C-260. The total r average air content shall be in accordance with recommendations j ACI 211.1; 4.5% + 1.0% for 1-1/2" maximum size aggregate. 2. WATER REDUCING ADMIXTURE: Comply with ASTM C-494, Types A and D only. Accurately measure and add to the mix in accordance with the Manufacturer's recommendations. l 3. SET RETARDING ADMIXTURES: Retarders may be used if approved by l the Engineer. Comply with ASTM C-494, Types B and D only. Accurately measure and add to the mix in accordance with the Manufacturer's recommendations. F. WATER: Water for concrete shall be clean and free from oil, acid, alkali, organic matter or other harmful impurities. Water which is suitable for drinking or for ordinary household use will be acceptable for concrete. Where available, water shall be obtained from mains of a waterworks system. G. EXPANSION JOINTS: Bituminous type preformed expansion joint filler r' complying with ASTM D-994, in the thickness specified. i H. EXPANSION JOINT SEALANT: Two (2) component non -sag polysulfide base elastometric sealing compound conforming to Fed. Spec. TT-S-00221E, Type II., Class B. 2.02 MIXES A. In the determination of the amount of water required for mix, consideration shall be given to the moisture content of the aggregate. The net amount of water in the mix will be the amount added at the mixer; plus the free water in the aggregate; and minus the absorption of the aggregate, based on a 30 minute absorption period. No water allowance shall be made for evaporation after batching. B. The methods of measurement of materials shall be such that the proportions of water to cement can be closely controlled during the progress of the work and easily checked at any time by the Engineer or his representative. To avoid unnecessary or haphazard changes in consistency, the aggregate shall be obtained from sources which will insure a uniform quality and grading during any single day's operation and they shall be delivered to the work and handled in such a manner that the variation in moisture content will not interfere with the steady production of concrete of reasonable degree of uniformity. Sources of supply shall be approved by the I 03305-3 BRA92023 1 Owner's representative. C. All material shall be separately and accurately measured. Measurement may be made by weight or by volume, as may be elected by the Contractor; however, all equipment for measurement of materials shall be subject to approval by the Owner's representative. D. The proportions of the mix shall be such as to produce concrete that can be puddled readily into the corners and angles of the forms and around the reinforcing without excessive spading or vibrating, and without segregation or undue accumulation of water or laitance on the surface. 3.00 EXECUTION 3.01 PREPARATION; ALUMINUM AND STEEL ITEMS A. Where aluminum anchors, aluminum shapes, or aluminum electrical conduits are embedded in concrete, contact surfaces shall be painted with zinc chromate primer. The paint shall be allowed to thoroughly dry before the aluminum is placed in contact with the concrete. B. Aluminum surfaces to be placed in contact with concrete, wood, or masonry construction, except where the aluminum is to be embedded in concrete, shall be given a heavy coat of an alkali -resistant paint before installation. The paint shall e applied as it is received from the Manufacturer without the addition of any thinner. C. Steel or other ferrous metal to be mounted on or placed in contact with dry/cured concrete such as piping, access manholes, electrical switchgear, etc., shall have contact surfaces coated with bituminous paint in accordance with previous paragraph. 3.02 INSTALLATION; PLACING CONCRETE A. Remove mill scale before placing reinforcing steel and keep bars clean until concrete is placed. -Place the steel in the forms as specified and maintain in place. B. Give the Owner's representative sufficient advance notice before starting to place concrete in any unit of the structure to permit inspection of the forms, the reinforcing steel placement, and preparation for pouring. Unless authorized by the Owner's representative, no concrete shall be placed in any unit prior to the completion of the formwork and the placement of the reinforcement for that unit. C. Immediately before placing concrete, thoroughly dampen the earth or gravel cushion to receive concrete to prevent moisture absorption 03305-4 BRA92023 r from the concrete. r' D. As soon as concrete placing is complete for a slab section of sufficient width to permit finishing operations, level the concrete, strike off, tamp and screed. The screed shall be of a design r adaptable to the use intended, shall have provision for vertical adjustment and shall be sufficiently rigid to hold true to shape during use. E. The initial strike off shall leave the concrete surface at an elevation slightly above grade so that, when consolidation and finishing operations are completed, the surface of the slab is at grade elevation. F. Continue tamping and screeding operations until the concrete is properly consolidated and free of surface voids. Bring the surface to a smooth, true alignment using longitudinal screeding, floating, belting, and/or other methods. G. When used, templates shall be of a design which permits early removal so satisfactory finishing at and adjacent to the template is achieved. H. While the concrete is still plastic, straightedge the surface using a standard 10' metal straightedge. Lap each straightedge pass 1/2 of the preceding pass. Remove high spots and fill depressions with fresh concrete and re -float. Continue to check with a straightedge during the final finishing operation, until the surface is true to grade and free of depressions, high spots, voids, or rough spots. I. Check the final surface with a straightedge. Ordinates measured from the face of the straightedge to the surface of the slab shall not exceed 1/16" per foot from the nearest point of contact. The maximum ordinate shall be 1/8" per 101. J. Give ramp a rough brush finish perpendicular to the slope. Score rampway 1/4-inch deep at a 2-foot spacing perpendicular to the slope the width of the ramp and edge on each side of the score using a tool with a radius of approximately 1/4". 3.03 CURING CONCRETE A. Careful attention shall be given by the Contractor to the proper curing of the concrete. The curing methods shall use sheet materials conforming to ASTM C-171 or membrane curing compound conforming to ASTM C-309. Membrane curing is not permitted on surfaces to be rubbed or on surfaces on which additional concrete, mortar or terrazzo is to be applied. 03305-5 BRA92023 B. Unless the curing method is otherwise noted or specified, the curing method shall be selected by the Contractor and submitted to the Owner's representative for approval. 3.04 SCHEDULES; FINISHING Exterior exposed surfaces shall be given finish as scheduled herein: Structure Finish Ramp Rough Broom Finish with`1/4" grooves every 2' perpendicular to the slope of the rampways. 4.00 MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. REINFORCED CONCRETE Measurement of concrete will be made on the basis of the actual volume of concrete in cubic yards within the pay lines of the ramp as indicated on the drawings and as specified. Measurement of concrete placed against the sides of any excavation without the use of intervening forms will be made only within the pay lines of the structure. No deductions will be made for rounded or beveled edges. B. REINFORCING STEEL Reinforcing steel will not be measured. C. CEMENT Pay quantities for cement used in Reinforced Concrete, as measured for the bid item "Reinforced Concrete" shall be calculated from the cement content at the approved mix design for the class of concrete specified.- 4.02 PAYMENT A. REINFORCED CONCRETE Work required by Section 03100 CONCRETE FORMWORK, Section 03200 CONCRETE REINFORCEMENT or this Section and which is not specified for payment shall be considered for payment purposes as subsidiary to the pay items of which the work is a part. Payment for all reinforced concrete used in construction of the boat ramp will be made at the unit price bid per cubic yard in the 03305-6 BRA92023 proposal for "Reinforced Concrete," which price and payment shall be •- full compensation for furnishing all materials and equipment and performing all work as shown on the drawings and as specified herein. This item includes all reinforced concrete that is placed in the boat ramp. Lean concrete placed as fill for overexcavation shall not be included in this item. B. LEAN CONCRETE Unreinforced concrete is not an item of direct pay, the cost of which should be included in the bid item Reinforced Concrete. C. REINFORCING STEEL Reinforcing steel is not an item of direct pay. The cost of which should be included in the bid item Reinforced Concrete. D. CEMENT t Payment for cement in Reinforced Concrete will be made at the contract unit bid price per ton for Item, "Portland Cement for Reinforced Concrete," which price and payment shall be full compensation for furnishing all materials and equipment and performing all work as shown on the drawings and as specified r' herein. END OF SECTION r 03305-7 BRA92023 r i THIS PAGE LEFT BLANK INTENTIONALLY r SPECIAL CONDITIONS -44. THIS PAGE LEFT BLANK INTENTIONALLY SPECIAL CONDITIONS The contractor for the construction of the John T. Montford Dam (Granite Construction Company) has advised the city that his early finish schedule indicates he will be placing the "plug" (last section) in the dam beginning in February. He anticipates his efforts will have the height of the last section of the dam to elevation 2180 by March 1, 1993, and subsequently to elevation 2220 by mid -April. Although the reservoir discharge piping (a 30-inch and a 42- inch) has been installed and will be operational to reduce the level of the reservoir after each rainfall event to the upstream pipe invert (elevation 2140). The successful bidder who receives the award for the construction of the boat ramp in this contract should proceed with the possibility of some temporary flooding; amount and to what elevation will depend upon actual rainfall received in the watershed. Each bidder should be aware of this possibility and his bid should reflect anticipated costs for enduring such flooding. No additional compensation will be made regarding flooding of the job site from rainfall events. For these reasons, the date of substantial completion of the contract is April 15th, 1993, and time for final completion has been set at 120 days from issuance date of the Notice to Proceed (estimated issuance expected to be January 20th, 1993) . THIS PAGE LEFT BLANK INTENTIONALLY r r OM r City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 806-767-2167 January 14, 1993 C.B. Thompson Construction Co. 3412 Joliet Attn: Terry Thompson Lubbock, TX 79493-6456 SUBJECT: Boat Ramp - Lake Alan Henry Office of Purchasing The City of Lubbock, having considered the proposals submitted and opened on the 5th day of January, 1993, for work to be done and materials to be furnished in and for: City of Lubbock BID #12356 Boat Ramp - Lake Alan Henry as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on January 14, 1993, at the bid price contained therein, subject to the execution of and furnishing of all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (590) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. ZCIT F LU K Ron Shuffi BUYER