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Home My WebLink AboutResolution - 4117E - Contract - Williams & Peters Inc - Urbana Place Paving Improvements - 04_08_1993(19.) BID #12500--Agricultural Chemicals Annual Pricing (Land Application Site). Helena Chemical Co.--8 oz. Ally per ounce; 160 gl. Benvel per gallon; 60 gl DEF per gallon; 65 gl. Dual per gallon; 100 lbs. Karmex, per pound; 45 gl. Pix per gallon; 1125 lbs. Temik per pound. Kitten Fertilizer, Slaton--100 gl. Bladex per gallon; 150 gl. cyclone per gallon; 100 gl. Lannate- L per gallon. Acuff Farm Supply--60 gl. Treflan per gallon. Tri-State Chemicals, Brownfield--160 gl. Comite per gallon; 50 gl. Prep per gallon; 67 gl. Sencor per gallon; 300 lbs. Velpar per pound. Estes Inc.--60 gl. Arenal per gallon; 150 gl. Asana XL per gallon; 900 lbs. Balan per pound. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize'low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-315-245 (20.) BID #12503--Fence Construction at 50th and Joliet Overhead Reservoir (Water Utilities). G & 0 Fence Contractors, Inc., Odessa Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-315-246 (21.) BID #12504--Center Pivot Irrigation System (Land Application Site). American Valley Irrigation, Muleshoe Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-315-247 (22.) BID #12511--Urbana Place Paving Improvements (-Community-Development). Irl Williams & Peters Construction Co. Motion was made by Councilmember Patterson, seconded P)993 by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas, 0 Nays. U. S. Department of Housing and Urban Development Fort Worth Office. Region A 1600 Throckmorton P:O..Box 2905 Port' Worth. Texas 76113-2905 Ms. Sandy Ogletree City of Lubbock PO Box 2000 Lubbock, TX 79457 Dear Ms. Ogletree: Subject: Supersedeas Decision HUD Project No. 8-92-MC-48-0022 Paving in Carlisle Addition Lubbock (Lubbock County), Texas Enclosed is a copy of supersedeas wage decision number TX93-28/175, announced in the Federal Register on February 19, 1993, which will be applicable to the subject project. This decision replaces the wage decision we previously sent you, TX91-28/137 on February 17, 1993. Fie take this opportunity to remind you of the importance of verifying every wage decision, by calling this office, ten (10) days prior to the bid opening. A preconstruction conference with the principal contractor and all available subcontractors must be held prior to start of construction, at which time they shall be advised of their responsibilities and obligations regarding the labor standards provisions and the wage decision contained in the contract documents. If you have any questions please feel free to contact our Labor Relations staff at (817) 885-5829. Sinc rely, F rias E. Fer abor Rel to Enclosure Officer CITY OF LUBBOCK SPECIFICATIONS FOR PAVING IMPROVEMENTS URBANA PLACE BID #12511 CITY OF LUBBOCK Lubbock, Texas 5 f r r City of Lubbock P.O. Box 2000 Lubbock. Texas 79457 6661767-2167 Office of Purchasing MAILED TO VENDER: MARCH 19, 1993 CLOSE DATE: MARCH 25, 1993 AT 2P.M. BID #12511, PAVING IMPROVEMENTS - URBANA PLACE ADDENDUM #1 Please modify or amend Contract Documents as follows: 1. At the Information For The Bidder, Item #1, page 1, the closing date shall be March 25th, not March 26th, 1993. 2. On Bid Proposal Form for Unit Price, Item #4, unit should read "320 square yards". This unit price shall be square yards as indicated in the written description. 3. Please find enclosed a current Davis -Bacon Wage Determination for this project. 4. Please find enclosed a new set of Special Conditions, Section III, for this project. 9,THAN YOU, RON SHUFFIEL Senior Buyer Please return one (1) copy with your bid. General Decision Number TX930028//ysr superseded General Decision No. TX910028 State: TEXAS Construction Type: Heavy Highway County(ies): ECTOR POTTER TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in test area projects). Modification Number 0 Publication Date 02/19/1993 R TX930028 - 1 COUNTY(ies): ECTOR POTTER TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR SUTX2037A 11/13/1991 Rates ASPHALT HEATER OPERATOR $7.467 ASPHALT RAKER 7.267 ASPHALT SHOVELER 6.400 BATCHING PLANT WEIGHER 9.799 CARPENTER 8.153 CARPENTER HELPER 6.881 CONCRETE FINISHER -PAVING 7.496 CONCRETE FINISHER HELPER PAVING 6.500 CONCRETE FINISHER STRUCTURES 8.148 CONCRETE FINISHER HELPER STRUCTURES 6.987 ELECTRICIAN 10.000 ELECTRICIAN HELPER 9.500 FLAGGER 5.500 FORM BUILDER -STRUCTURES 8.021 FORM BUILDER HELPER STRUCTURES 7.000 FORM SETTER,.- PAVING & CURB 8.300 FORM SETTER HELPER -PAVING & CURB 6.307 FORM SETTER -STRUCTURES 7.839 FORM SETTER HELPER STRUCTURES 6.479 LABORER -COMMON 6.018 LABORER UTILITY 7.102 MECHANIC 10.282 MECHANIC HELPER 8.000 OILER 8.233 SERVICER 7.823 PIPE LAYER 7.000 PIPE LAYER HELPER 6.250 ASPHALT DISTRIBUTOR OPERATOR 7.972 ASPHALT PAVING MACHINE 8.187 BROOM OR SWEEPER OPERATOR 6.411 BULLDOZER 7.963 CONCRETE PAVING CURING MACHINE 9.100 CONCRETE PAVING FINISHING MACHINE 8.075 CONCRETE PAVING JOINT SEALER 7.750 CONCRETE PAVING SAW 10.063 CONCRETE PAVING SPREADER 9.100 REINFORCING STEEL MACHINE 6.500 SLIPFORM MACHINE OPERATOR 9.000 CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. 8.574 CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER 10.043 CRUSHER OR SCREENING PLANT Fringes TX930026 - 2 OPERATOR 7.500 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 9.000 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 10.750 FOUNDATION DRILL OPERATOR HELPER 7.050 FRONT END LOADER - 2 1/2 C.Y. & LESS 7.458 FRONT END LOADER - OVER 2 1/2 C.Y. 7.669 HOIST - DOUBLE DRUM 8.100 MOTOR GRADER OPERATOR FINE GRADE 10.343 MOTOR GRADER 9.835 PAVEMENT MARKING MACHINE 9.150 PLANER OPERATOR 10.458 ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS 6.828 ROLLER, STEEL WHEEL OTHER, FLATWHEEL OR TAMPING 6.474 ROLLER, PNEUMATIC SELF-PROPELLED 6.455 SCRAPER-17 C.Y. & LESS 7.546 SCRAPER -OVER 17 C.Y. 7.655 SIDE BOOM , 6.350 TRACTOR -CRAWLER TYPE 150 HP AND LESS 7.290 TRACTOR -CRAWLER TYPE OVER 150 HP 10.750 TRACTOR - PNEUMATIC 7.422 REINFORCING STEEL SETTER PAVING 7.926 REINFORCING STEEL SETTER STRUCTURES 9.086 REINFORCING STEEL SETTER HELPER a 7.772 STEEL WORKER - STRUCTURAL 9.000 STEEL WORKER HELPER STRUCTURAL 6.250:- SPREADER BOX OPERATOR BARRICADE SERVICER WORK ZONE 6.500 -""� - ` • --� TRUCK DRIVER -SINGLE AXLE.. LIGHT . _.__ 6.592 TRUCK DRIVER -SINGLE AXLE HEAVY 6.791 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 7.130 TRUCK DRIVER-LOWBOY/FLOAT 8.868 -- TRUCK DRIVER -TRANSIT MIX 6.691 WELDER ;.. ::_ '_ ... r . 11.627 ."` ._....-•-__'". WELDER HELPER ` ' _. `'"' ---------------------------------------------------------------- 8.290 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the -labor standards contract•clauses..(29 CFR_ TX930028 - 3 END OF GENERAL DECISION TX930028 - 4 SPECIAL CONDITIONS 1. CHANGES IN THE WORK The Local Public Agency may increase the quantity of the work in the Contract by supplementary projects, not included in the Contract, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. If applicable unit prices are contained in the agreement (established as a result of either a unit price bid or a Supplement Schedule of Unit Prices) the Local Public Agency may order the Contractor to proceed with desired additions to the work as a result of supplementary projects, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the Contract; provided that in case of a unit price contract the net value of all additions does not increase or decrease the original total amount shown in the Agreement by more than twenty-five (25%). Except for the purpose of affording protection against any emergency endangering health, life,'limb or property, the Contractor shall make no change in the materials used or in. the specified manner or construction and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Local Public Agency authorizing the Contractor to proceed with the change. No claim for an adjustment of the contract price will be valid unless so ordered. 2. SUPERINTENDENCE The Superintendent and/or his assistants will not be allowed to serve two functions simultaneously, such as operating machinery and acting as Superintendent at the same time. The Superintendent must be free of individual responsibilities to enable him to give the entire project his constant attention to facilitate the progress thereof. SC-1 F 3. TIME AND ORDER FOR COMPLETION No work will be allowed from November 1st through January 2nd unless approved by the Engineer. The construction covered by the contract documents shall be fully completed within 60 working days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 4. MAINTENANCE OF DETOURS The Contractor shall do such work as may be necessary to maintain detours and facilities for safe public travel. There shall be maintained in passable condition such temporary roads and structures as may be necessary to accommodate public travel. Temporary approaches and crossings of intersecting highways shall be provided and T maintained in a safe and passable condition by the Contractor at his entire expense. T5. PUBLIC SAFETY AND CONVENIENCE The safety of the public and the convenience of traffic shall be regarded as of prime importance. It shall be the entire responsibility of the Contractor to provide for ingress and egress to private property. Ingress and egress to private property shall be provided as specified in the plans or as directed by the Engineer. The Contractor shall plan and execute his operations in a „I manner that will cause the minimum interference with traffic. The Contractor shall secure the Engineer's approval of his proposed plan of operation, sequence of work and methods of providing for the safe passage of traffic before it is placed into operation. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of f traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. 7il At night or otherwise, all equipment not in use shall be stored in such manner and at such locations as not to interfere with the safe passage of traffic. The Contractor shall provide and maintain flaggers at such points and for 4I, such periods of time as may be required to provide for the safety and convenience of public travel and Contractor's personnel, and as directed by the Engineer. Flaggers shall be English speaking, courteous, well informed, physically and SC-2 7 mentally able to efifectuallY perform their duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and groomed at all times when on duty. When directing, flaggers shall use standard attire, flags and signals and follow the flagging procedures set ±�— forth in the Texas Manual on Uniform UNIFORM TRAFFIC CONTROL DEVICES for Streets and Highways. 6. BARRICADES AND DANGER, WARNING AND DETOUR SIGNS AND TRAFFIC HANDLING The Contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning and removing upon completion of work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices for handling traffic control as indicated in the plans or as directed by the Engineer. All barricades, warning signs, barriers, cones, lights, signals and other such type devices shall conform to details shown on the plans and as directed by the Texas Manual on Uniform Traffic Control Devices. The Contractor may provide special signs not covered by plans to protect the traveling public against special conditions or T hazards, provided however, that such signs are first approved by the Engineer. Upon completion of the work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices and evidence thereof shall be removed by the Contractor. 7. PROSECUTION OF WORK Not more than seven (7) calendar days shall elapse between the time subgrade preparation is begun and the time of spreading and compaction of the base. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6:00 a.m. to 6:00 p.m., except during the construction of the curb and gutter for which the driveways and/or alleys shall remain closed not more than seven (7) days including four (4) days for curing. { The Contractor is responsible for communications with adjacent property owners during construction that may limit or deny access to their properties. SC-3 76u, S. WATER Water for this project will be furnished by the City of Lubbock at fire hydrants designated by the Contractor for which there will be no charge. The Contractor will be furnished loading racks by the City Director of Water Utilities. The loading rack will be equipped with a valve which will be pad -locked at all times except when the Contractor's truck is loading. The valve on the loading rack shall be used by the Contractor and at no time will the Contractor use the fire hydrant valve. The padlock on the rack valve shall be furnished by the Contractor. The Contractor shall not use any fire hydrants for water loading unless there is an authorized rack on the fire hydrant. The Contractor will not be allowed to use water from authorized loading racks except on City approved projects. Water, which is supplied by the City, is intended for use in compacting subgrade and base and maintaining dust control. It is not the intention of the City to furnish water for use in mixing concrete. 9. RESTRICTIONS AND REQUIREMENTS FOR CONSTRUCTION A. The Contractor will need special permission to be permitted to work on weekends or legal holidays and shall do no work on any contract item before daylight or later than one hour after sundown, except as directed and approved by the Engineer. No work will be allowed between November 1 and January 2, unless approved by the Engineer. B. A 1:2 dilute emulsion treatment with MS-1 or SS-1 emulsified asphalt at a rate of .10 gallon per square yard will be applied to the A.C. surface within ten (10) days of the placement of the A.C. surface. !� C. Temperature Requirements (The temperature readings to be used will be as reported by the National Weather Service on an hourly report [Telephone Number 762-0141]). - November 1 April 1 (A) HMAC until 1. The asphaltic mixture shall not be placed when the air temperature is below 550F. and falling. 2. The asphaltic mixture may be placed when the air temperature is above 50OF and rising. (B) HMAC - April 1 till November 1 l" SC-4 1. The asphaltic mixture shall not be placed when the air temperature is below 500F. and falling. 2. The asphaltic mixture may be placed when the air temperature is above 450F. and rising. (C) Asphalt Stabilized Base 1. The asphaltic mixture shall not be placed when the air temperature is below 450 F and falling. • 2. The asphaltic mixture may be placed when the �' air temperature is above 400 F and rising. The engineer may use his discretion to require a cover over the asphaltic mixture when being 7jl, hauled from the plant to the job site. D. Unless otherwise approved by the engineer, the minimum 1 temperature of asphalt materials immediately after placement by the laydown machine will be 3000 F for 7asphaltic concrete surface and 2750 F for asphalt stabilized base. E. Standby rollers shall be located at the job site for immediate use if needed. F. Proof rolling will be required on subgrade, caliche base, black base, embankment or surface. After rain showers if deemed necessary by the Engineer each item that was approved will be re -rolled. The proof rolling will be performed using a self-propelled 25 ton pneumatic roller with certified weight certificate. G. Preliminary approval, by the Engineer, of aggregate at the pit and crusher location shall be required, prior to delivery to the plant. Final approval of the stockpile material, at the hot mix plant or concrete plant, or stockpile locations will be required by the Engineer, after which no additional aggregate will be added to the approved stockpile prior to entering the mixing plant. H. During the period of construction the Contractor will not k.l use private driveways for turning or parking his equipment. Any damage to sidewalks, driveways, slabs or curb and gutter will be replaced at the Contractor's expense. 71 SC-5 T I. Before any portion of any street is closed to traffic the Contractor will be required to have sufficient equipment on the site to start the construction, and at no time will any section of the closed area be left three (3) days without some type of work being performed. If there is a shortage of equipment to work on all areas of the closed section then the Contractor will be required to provide additional equipment. It is the intent of these requirements to construct the improvements listed in this contract with the least inconvenience to the property owners and the traveling public. In the event damage occurs to pavement in the area of a fire hydrant, which was caused by the Contractor's employees negligence to shut off the valve on the loading rack, it will be the Contractor's responsibility and expense to repair the paving and replace curb and gutter if required by the Engineer. 10. REMOVING OBSTRUCTIONS The Contractor shall familiarize himself with the existing obstructions including sidewalks, trees, poles, etc., prior to construction. It shall be the Contractor's responsibility to remove these obstructions at the direction of the Engineer except that the utility companies will move their equipment at no cost to the Contractor. The Contractor will receive no compensation for delay caused by the Utility Companies in relocating or removing their equipment. 11. TEST OF MATERIALS These requirements apply to this contract and all construction work on all streets and alleys including new subdivisions, streets and alley use permits. The Contractor will bear the cost of all material tests on hot mix design and concrete design. The City will bear the cost on tests during construction such as density on caliche base, gradation on concrete and paving aggregates and density and asphalt extraction test on hot -mix and black base. (A) Caliche Base Materials Before materials can be used on any street, current (not older than 30 days) test reports will be submitted to the Engineer for approval and test reports will be required every 30 days SC-6 before this material can be used continuously on City streets. During the construction period, tests that fail will require re -testing by the City lab at the contractor's expense. (B) Concrete Mix Design (IV-2-E) and Preconstruction Test (IV-2-D) The Contractor or concrete supplier will submit a mix design on the crushed stone and gravel approximately (20)•days before beginning the concrete operation for approval by the Engineer. Contractors or Concrete Suppliers that supply concrete for any contract, new -subdivision, street or alley use permits will be required to submit to the City Engineer a concrete mix design every thirty (30) to forty-five (45) days for approval. Any contractor or concrete supplier that does not have a current mix design on file with the City Engineer will not be per - permitted to furnish concrete for any project within the City of Lubbock until mix design is received. The City of Lubbock Testing Laboratory will make test cylinders during the construction period. When test cylinders fail to meet the required strength at the 7 or 28 day break, the concrete in question will be cored by the City of Lubbock Testing Laboratory within three days after the 7 or 28 day break. If the core samples fail to meet the required strength, the concrete will be rejected and removed. The cost of coring on concrete that fails on the core test will be charged to the Contractor or Concrete Supplier. After the mix design is submitted and approved by the Engineer, no changes in the design or materials will be permitted without approval of the Engineer. (C) Cement Certified mill test on each car or transport. (D) Asphalt Certified Lab Test. (E) Density Test The City of Lubbock Testing Laboratory will provide density tests on the base or subgrade. SC-7 r. r The City of Lubbock Lab will be the final authority on all tests. 12. SUBCONTRACTORS The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regard terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner and said subcontractor will look exclusively to contractor for any payments due subcontractor. 13. UNDERGROUND UTILITIES The Contractor's attention is directed to the fact that pipelines and other underground installations as may be shown of the plans have been taken from the best available information. There may be other pipelines or installations. The Contractor shall save harmless the City from any and all suits or claims resulting from damage by his operations to any pipeline or underground installation. It is the Contractor's responsibility, during the period of street construction, to insure that all utility cuts in the limits of street construction have been properly backfilled, compacted and the top 6" inches backfilled with 3-sack concrete. It is not the intent to require the Contractor to provide for the utility cut repair but for the individual utility company making the cut to provide their own repairs. SC-8 F In the case of a City underground installation, the Contractor may be required, at the Engineer's option, to repair the cut with 3-sack cement stabilized caliche at the unit price bid. 14. WORKING HOURS Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (A) The project being constructed is essential to the City of Lubbock's ability to provide the necessary services to it's citizens. (B) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provi- sions of the contract and Contractor can show he has made a diligent effort to complete the contract within 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 (3) 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. No work will be allowed from November 1st through January 2nd unless approved by the Engineer. 15. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work SC-9 I made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as j� completely as practical the total value of the work done by 11 the Contractor up to and including the last day of the preceding month. 16. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from date of final acceptance of the project. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 17. EXTENSION OF TIME - TIME FOR COMPLETION An extension of time will not be allowed on this project. The project completion will be based on working days allowed instead of calendar days allowed. All places in these documents referring to the number of calendar days to complete the project are hereby revised and termed the number of working days to complete the project. A working day is defined as a calendar day, not including Saturdays, Sundays, or designated City of Lubbock holidays, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. For every Saturday or designated City of Lubbock holiday on which the Contractor chooses and has the proper authorization to work, one day will be charged against the contract working time when weather conditions will permit seven (7) hours of work as delineated above. Work on Sunday will not be permitted except in cases of extreme emergency and then only with the written permission of the Engineer. If Sunday work is permitted, working time will be charged on the same basis as week days. The Contractor shall complete the work within the number of working days stated in these documents. For the purpose of computation, working days will be considered to begin with the effective date stated in the "Notice to Proceed". n_ SC-10 r The Engineer will furnish the Contractor a monthly statement showing number of working days charged during the month, total number of working days allowed in contract, and the working days remaining under contract. The Contractor will be allowed ten (10) days in which to protest the correctness of the statement. This protest shall be in writing, and shall show cause. Not filing a protest within the allowed ten (10) days for any statement will indicate the Contractor's approval of the time charges as shown on that time statement and future consideration of that statement will not be permitted. If the satisfactory completion of the contract shall require unforseen work or work and materials in greater amounts than these set forth in the contract, then additional working days or suspension of time charge will be allowed the Contractor equal to the time which, in the opinion of the Engineer, the work as a whole is delayed. yf If the Contractor fails to complete the contract in the working days specified, the stated liquidated damages will be charged for each working day thereafter. SC-11 CITY OF LUBBOCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIFICATIONS FOR TITLE: PAVING IMPROVEMENTS ADDRESS: URBANA PLACE - 19th STREET TO 26th STREET CDWO: 3113-591306-0001 BID NO.: 12511 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. INFORMATION FOR BIDDERS 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS 4. BID PROPOSAL - BID FOR UNIT PRICE 5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $259000) 6. PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $25,O0O) 7. CERTIFICATE OF INSURANCE B. HUD CERTIFICATIONS 9. CONTRACT 10. GENERAL CONDITIONS OF THE AGREEMENT 11. EXHIBITS •A. Copeland Anti -Kickback Regulations B. Current Wage Determinations 12. SPECIAL CONDITIONS OF THE AGREEMENT -13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS) 14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS) 15. NOTICE OF ACCEPTANCE 7 7 T T Tv NOTICE TO BIDDERS i i r k x 1 NOTICE TO BIDDERS CDWO 3113-591306-0001 COMMUNITY DEVELOPMENT BLOCK GRANT CITY OF LUBBOCK BID # 12511 Sealed proposals addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas 79401 until 2:00 o'clock p.m., on the 25th day of March. 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 project: PAVING IMPROVEMENTS-URBABA PLACE, 19th STREET TO 26th STREET Bidders are also required to submit a signed certification in compliance with Section 109 of Pub. L. 100-202 regarding restrictions on the Award of Certain Contracts and Subcontracts to Foreign Countries. Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the total bid and the successful bidder shall provide bond in full amount of the contract executed by a surety company authorized to do business in Texas. The above described project will be paid for in cash by the Community Development Block Grant received by the City from the Department of Housing and Urban Development. The contract for this project must comply with all applicable Federal laws and regulations including the payment of federal minimum wages under the provision of the Davis -Bacon Act, and the compliance with the provisions of equal employment opportunities and under Section 3 Affirmative Action and Executive Order 11246. Plans and Specifications are on file at the Purchasing office and may be obtained at the office of Ron Shuffield, Senior Buyer, Room L-04, Municipal Building, 1625 13th Street, Lubbock, Texas, 79401. There will be a pre -bid conference on March 18. 1993 at 10:00 o'clock a.m., Personnel Conference Room 108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK, TEXAS BY: ` ON SHVFtIELD Senior Buyer No Text T ADVERTISEMENT FOR BIDS BID i 12511 Sealed proposals addressed to Ran Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Roan L-04, Lubbock, Texas, 79401 until 00 o'clock c.m. on the 25th day of March. 1993. or as changed by the issuance of formal addenda to all ptanholders, to furnish all tabor and materials and perform all work for the construction of the following described project: PAVING IMPROVEMENTS-URBANA PLACE, 19th TO 26th STREET 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 sloud. 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'& 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 18th day of March. 1993, at 10:00 o'clock a.m., Purchasing Conference Room, L04, Municipal Building, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - bid meetings and bid openings are available to all persons regardless of disability. If you would like bid r information made available in a more accessible format or if you require assiste:rice, please contact the ii Purchasing Department at (806) 767.2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at Least 48 hours in advance of the meeting. CITY F LUBBOCK RON SHUFFIELD SENIOR BUYER r r CERTIFICATION IN COMPLIANCE WITH SECTION 109 OF PUB. L. 100-202 REGARDING RESTRICTIONS ON THE AWARD OF CERTAIN CONTRACTS AND SUBCONTRACTS TO FOREIGN COUNTRIES (a) Definitions. The definitions pertaining to this provision are those that are set forth in the clause entitled "Restrictions on Public Works Projects." (b) Certification. Except as provided in paragraph (c) of this provision, by submission of its bid or proposal, the bidder certifies that it - (1) Is not a Contractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR) (see paragraph (h) of this provision); (2) Has not or will not enter into any subcontract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; and 1, (3) Will not provide any product of a country included on the,` list of foreign countries that discriminate against U.S. firms published by the USTR. (c) Inability to certify. A bidder unable to certify in accordance with paragraph (b) of this provision shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification. (d) Applicability of 18 U.S.C. 1001. The certification in paragraph (b) of this provision concerns a matter within the jurisdiction of an agency of the United States, and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, U.S.C. 1001. (e) Notice. The bidder shall provide immediate written notice to the Contracting Officer if, at any time before the contract award, the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (f) Restrictions on contract award. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban Development, no contract will be awarded to a bidder (1) who is owned or controlled by a citizen or national of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, (2) whose subcon- tractors are owned or controlled by citizens or nationals of a 7 l; foreign country on the USTR list, or (3) who incorporates any product.of a foreign country on the USTR list in the public works project. (g) Recordkeeping. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (b) of this provision. The knowledge and information of a bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (h) USTR list. The USTR published an initial list in the Federal Register on December 30, 1987 (53 FR 49244), which identified one country - Japan. The USTR can add countries to the list, and remove countries from it, in accordance with section 109(c) of Pub. L. 100-202. (Seal if Bidder is a Corporation) ATTEST: I r ;ill [ �►.. /: • �. i MWIMYROMM 7 INFORMATION FOR BIDDERS (THIS PAGE LEFT BLANK INTENTIONALLY) Ali INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids The City of Lubbock (herein called the "Owner"), invites bids on the form attached hereto, 'all blanks of which must be appropriately filled in. Bids will be received by the Owner +I� at the office of Ron Shuffield, Senior Buyer, City of Lubbock, Texas until 2:00 o'clock p.m., on the 26th day of March. 1993, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to Ron Shuffield, Senior Buyer, at Municipal Building, 1625 13th Street, (Room L04), Lubbock, Texas 79401 and designated as Bid for PAVING IMPROVEMENTS. URBABA PLACE. The Owner may consider as informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and,date specified shall not be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. 2. Preparation of Bid ±r' Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3. Subcontracts The bidder is specifically advised that any person, firm, or other party to whom the bidder proposes to award a subcon- tract under this Contract must be acceptable to the Owner after verification by the Community Development Department of the City of Lubbock. The bidder should submit to the Owner a list of proposed subcontractors which consists of each subcontractor's legal name and business address. Although there is no requirement that this list be submitted with a bid, the Owner requests that such list be attached to said bid so that appropriate action can be taken to prevent subsequent delay in subcon- tract awards. - 1 - 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegra- phic communication should not reveal the bid price but should provide the addition or subtraction or other`modi- fication so that the final prices or terms will not be known + by the owner until the sealed bid is opened. If written confirmation is not received within two (2)_days from the closing time, no consideration will be given to the tele- graphic modification. 5. Qualifications of Bidder The Owner may make,such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such informa- tion and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder -- fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted. Bidder must be acceptable to the Owner after verification by the HUD area Office of the bidder's current eligibility status. 6. Bid Security Each bid must be accompanied by cash, certified check of the bidder or a bid bond duly executed by the bidder and issued by a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the Contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. - 2 - 'i 7r, _ The successful bidder, upon his failure or refusal to execute and deliver the Contract, certificate of insurance and bonds required within ten (ten) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner the security deposited with his bid. T 7. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a written"Notice to Proceed" of the Owner and to fully complete the project within .(fi0i SIXTY working days thereafter. Bidder must agree also to pay as liquidated damages the sum of $100.00 (One Hundred dollars)_ for each consecutive calendar day thereafter in which the project is not fully completed. 8. Conditions of Work Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Insofar as possible the Contractor, in carrying out his work must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 1 9. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other pre -bid documents will be made to any bidder orally. Every request for such interpretation should be in writing and addressed to Ron Shuffield, Senior Buyer at P.O. Box 2000, Lubbock, TX 79457 and to be given consideration must be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instruction will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not - 3 - relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. 10. Performance Bond and Payment Bond (Contract in Excess of $25,000) _ 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 statutory bonds will not be required. All bonds, if required, shall be submitted on the forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this Contract shall be in effect until such bonds are so furnished. Said statutory bonds should be issued by a Company carrying a current Best Rating of $ or superior, as the rating of the bond company is a factor that will be considered in- determination the lowest responsible bidder. 11. Power of Attorney - -- Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 12. Notice of Special Conditions Attention is particularly called to those parts of the Contract Documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. 13. Laws and Regulations' The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. 14. Obligation of Bidder At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to 4 E hl be thoroughly familiar with the plans and Contract Documents as defined in the General Conditions. 'The failure or omission of any bidder to examine any form, instrument or e, document shall in no way relieve any bidder from -any obligation in respect of his bid. —' If Plans and Specifications are too bulky or cumbersome to be physically bound to the Contract Documents, they are to be considered incorporated by reference into the aforemen- tioned Contract Documents. 15. Texas State Sales Tax This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 16. Materials and Workmanship The intent of these Contract Documents is that only mate- rials and workmanship of the bestqualityand grade will be furnished. The fact that the specifications may fail to.be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the construction site will not relieve the Contractor of full responsibility for complying with this provision. The specifications for materials and methods set forth in the Contract Documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 17. Protection of the Work The Contractor shall be responsible for the care, preser- vation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, acces- sories, facilities and all means of construction, and any and all parts of the work, whether the Contractor has been r paid, partially paid or not paid for such work, until the j` date the City issues its certificate of completion to the - 5 - r Contractor. 'The City reserves the right, after the bids have been,opened and before the Contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder, showing completed jobs of a similar nature to the one covered by the proposed Contract and all work in progress, with bond amounts and percentage of work completed. (b) A sworn statement of the current financial condition of the bidder. (c) An equipment schedule. 18. Protection of Subsurface Lines and Structures It shall be the Contractor's responsibility to prosecute the work contemplated by the Contract Documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contem- plated by these Contract Documents. The City of Lubbock agrees that it will furnish Contractor with information as to the location of all such underground lines and utilities _ of which it has knowledge. However, such fact shall not relieve the Contractor of.his.responsibilities aforemen- tioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this Contract shall be repaired immediately by the Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 19. 'Contractor's Representative The successful bidder shall be' required to have a respon- sible 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. - 6 - 20. Provisions Concerning Escalator Clauses Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases in the cost of materials, labor or other items required for the _ project will be rejected and returned to the bidder without being considered. - 7 - (THIS PAGE LEFT BLANK INTENTIONALLY) -- BID PROPOSAL — BID FOR UNIT PRICE (THIS PAGE LEFT BLANK INTENTIONALLY) 71, BID PROPO5AL BID FOR UNIT PRICE PLACE GC&_50a 0 DATE 3 - 267- 9.3 PROJECT NO. Proposal of (hereinafter called "Bidder") To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called "Owner") Gentlemen: The Bidder, in compl' l ance with Your invitation for bids for having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related Contract Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby -proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the plans, specifications and Contract Documents, within the time set forth therein and at the prices 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 of this proposal. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proc led" of the Owner and to fully complete the project within p consecutive calendar days thereafter, as stipulated in the speci ications and other Contract Documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of E((�Q,� 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 that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. n �I Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and Contract Documents pertaining to the work covered by•this bid, and he further agrees to 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. Enclosed with this proposal is a Cashier's Check or Certi- fied Check for & /} Dollars ($ AiYA , or a Proposal Bond in the sum of Dollars ($ min — , 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 bonds (if any) within ten -0 0) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. EI Bidder understands and agrees that the Contract to be executed by Bidder shall be bound and include all Contract . '..-.: Documents made available to him for his inspection in accordance with the Notice to Bidders. ll ` - WiwAMS k Ptm Comargu nuicauC. " ' • Contractor BY: VICE TRE-21)MI- (Seal if Bidder is a Corporation) ATTEST: i 5 e t a rt r d 7 r BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities No. & Units Description of Item & Unit Prices ------------------------------------------------------------ 1. 91990 S.Y. 1-1/2" compacted T.K.D. Type "C" A.C. paving, including subgrade preparation, 6" of caliche base prime and tack coat, and 1:2 dilute emulsion treatment at a rate of 0.10 gallons per square yard within ten days of the placement of the A.C. surface, complete in place, per square yard: Per Total Unit Amount ! TOTAL: (s7,75 s3l In CRT 2. 5,160 L.F. 24" Curb and Gutter: 6" concrete curb and gutter or separate gutter or sawtooth curb and gutter, inclu- ding site clearance, subgrade preparation, complete in place, per linear foot: SERVICES: MATERIALS:`� II f I 3. 200 L.F. Curb and gutter removal and disposal perR linear foot SERVICES:..tll� MATERIALS: TOTAL: ,. 2 &&G1ixG A/% ('P,n (S2• )s 000 F 7 a BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total No. & Units Description of Item & Unit Prices Unit Amount --------------------------------------------------------------------------------- 4. 320 L.F. 6" Reinforced concrete (3000 PSI/ 7 day) valley gutter, including ? subgrade preparation, complete in place, per square yard: 5. 14 Each * Handicap ramps to dimensions as shown on the plans: SERVICES:/JL'./ ///,i /.ter. / / .`/.!L�4! //.f , i 0 i /)$1LA001 ~ 6. 95 S.Y. Reinforced concrete (3000 PSI/7day high early type cement) alley returns, including subgrade preparation, complete in place per square yard: it TOTAL: LOD )$2"- BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total No. & Units Description of Item & Unit Prices Unit Amount --------------------------------------------------------------------------------- 7. 10 S.Y. Resurfacing including removal and disposal of existing asphalt surface and repaving with 1 1/2 inches of type "C" hot -mix on an oiled base. Complete in place per square yard: TOTAL:.n L �u /ia� ///I .% 'ta"a*& tea, , I 8. 20 C.Y. Three (3) sack cement stabilized caliche to used in backfill of subgrade that cannot be stabilized with base material at locations designated and approved by the Engineer, complete in place, per cubic yard: SERVICES: ,_iJiA�i�t ��.0<'o�c J ,(S 20� 00 )$ �04. 00 MATERIALS: _030,00)$&00,00 y TOTAL: _(S,D. Do )$ , 40 �Il 9. 30 S.Y. 4" Concrete (3000 PSI/28 day) sidewalk and driveway adjustment, as directed by the Engineer, complete in place per square yard: 11 TOTAL BID (Items 1 through 9) $1�R7,5o . Ywsua,� FIDELITY AND GUARANTY I NCE UNDERWRITERS. INC. land (A Stock Company) BID BOND BOND NUMBER ...................................... KNOW ALL MEN BY THESE PRESENTS: THAT .,Williams and Peters Construction Company, Inc........................................ ............ .............. .................. ..... .. .... .......................................................... of ]P., . X*..... 79.45?...... ........................................................................ . as Principal, and the other undersigned, as Surety, are held and firmly bound unto ............. The City of Lubbock ............................................. ........................................................................................................................ as Obligee, in the full and just sum of..5Z.nf..Amount.Bid .................................................... ............................................................................................................... Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal Paving Improvements of Urbana Place. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered A b..?5,..1993 (Date) (SEAL) ftCou .... ......�,:�...................................................... (SEAL) FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. ......,. J . ......... ... a Ohio Corporation) ........................ .. .............. ............................ J' Doris Davis Attomey-in-fact Contract 500 (9-84) r— N° 3902 FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. POWER OF ATTORNEY i^ NO. 239 KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing under the laws of the State of Ohio and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Tam Sampson, Linda Attaway, Alan Henry and Doris Davis of the City of Lubbock , State of Texas its true and lawful Attorney(s}in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings requited or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said FIDELTIT AND GUARANTY INSURANCE UNDERWRITERS, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 18thday of December , A.D. 19 92 STATE OF MARYLAND) BALTIMORE CITY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS. INC (Signed) By..... ...... ............................... Senior Vice President (Signed) By.......... .�7'... l •................. VOAssistant Secretary SS: on this 18thdayof December, ('j A.D. 19 92,before nallycame R ert J. Lamendola , Senior Vice President of the FIDELITY AND GU INSURANCE UNDI�MC. and D . Sims r Assistant Secretary of said Company, with b t m 1 am personally �.l ►;flint who being by me my sworn, -said, that they, the said Robert J. Lamendola �+� aul D. SL� " ��e'ttispectivelythe Senior Vice President and the Assistant Secretary of the said FIDELITY AND GUARANTY INSURARWRITERS, INCe poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporationxed tosaid �ttorney was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that sig$e b rr names theretoby to as Senior Vice President and Assistant Secretary, respectively, of the Company. {j, i' t�xylCl My Commission expires the ll day is h A.D. 19 95 . e (Signed) NOTARY PUBLIC V` This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. on September 24. 1992: r RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of eacb of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with reaped to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the scat of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fad shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Paul D . Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect I, the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of t F ELITY XGUARANTY INSURANCE UNDERWRITERS, INC on this 25thdayof March .19 93• 05, .......................... FS 91 (10-92) Assistant Secretary / PAYMENT POND (THIS PAGE LEFT BLANK INTENTIONALLY) F PAYMENT BOND (Applicable on ell contracts in excess of $259000) (To be used in Texas under V.A.C.S. Art. 5160) THE STATE OF p COUNTY OF K DW A L MEN Y THESE PRE ENTS: That we (1) Q 11 (2) of , hereinafte cal ed Princip 19 an 3 of Apr State hereinafter ' ca led the Surety, are held firmly bo nd unto 4� ��4r2l— c Qi o f �S hereinafter called Owner, and unto all pers ns, firmV and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal SUM o F-4ek..j&el ( $�a 7?1 O ) D lars nIm mon y of the United es, to be aid in for the payment of which sum well and truly to be maaeq IFw. 111 ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly. by, these presents. THE -CONDITION OF THIS OBLIGATION is such that Whereas, th— Princip 1 entered into a certain Contract with (6) da ed the . 37741, day of , 19 a - copy of ;^ which is hereto.attached an6 made a part -hereof, for the<,constrw^c- NOW THEREFORE, the condition of this obligation that, if the Principal shall promptly make payment to ally claimants, as defined in Article 5160, Revised Civil Shut o;f , 4 Texas, 19259 as amended by House Bill 344, Acts 56th LeCFL' sla-tu e ; Regular Session, 19599 effective April 27, 1959, and as=furtter r. amended by Acts 19699 61st Legislature, p. 1390, ch. 422;i-Sell;�. 1, w I effective June 2,, 1969, supplying labor and materials in -tit,^, prosecution of the work provided for in said Contract,"then`t*' obligation shall be null and void, otherwise, it shall remain in i full force and effect. This bond is made and entered into solely for the protection of all -claimants supplying labor and materials in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in BOND CHECK BEST RATING LICENSED IN TEXAS DATE A-afg3 By Article 51609 Revised Civil Statutes of Texas, 1925, as amended by,House Bill 344, Acts 56th Legislature, Regular Session, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1, effective June 2, 1969. PROVIDED FURTHER, that if an leg�l a tion be filed upon this bond, venue shall lie in County, Texas, and — that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be`.performed thereunder or'the specifications accompanying the,same.shall in any wise affect its obligation'on this bond, and said Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work _ 9r. to. the .specifications.._ ______• �_ __ PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim_ may _be unsatisfied. IN WITNESS WHEREOF, this instrument -is executed in'six ^ counterpar s, each one o which shall'be deemed an original, this the day of , 19. Principal AT -TEST: ' BY: rinc al Se rstary (SEAL) �yo �4u Cl., Address Witness as to P incipal Address LLkal�o , .k0. �ti Surety ATTEST: B Y LOXAA (Surety) Secretary _974 • —19 � (SE ) Address 7Ate/ Ilk" Witness as to Su ety NOTE: If Contractor is Part- nership, all partners _ D o should execute bond. Address These footnotes refer to the numbers in the body of Contract above: Date of Bond must not be prior to date of Contract. (1) correct name of Contractor (3) Correct name of Surety (2) A Corporation, a Part- (4) Correct name of Owner nership or an Individual, (5) County and State as the case may be (6) Owner 7 Poe t (THIS PAGE LEFT BLANK INTENTIONALLY) PERFORMANCE BOND F 4 r• k L r (THIS PAGE LEFT BLANK INTENTIONALLY) '~ PERFORMANCE BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas under V.A.C.S. Art. 5160) THE STATE OF _ COUNTY OF p� p KNOW ALL MEN BY THESE, PRE NTS: That we (1 " , (2)I no r� of a , lied Prin (3 of tate of T� , he;einafter called the rety, are held firmlybon�. �! ofa hereinafter called Ow er, in the penal sumIL_ *,.0 $1�f , �!� ) Dollars 1 la u money r of h Un ted St s, to be paid in 5) w , for the payment of which sum well andU tr'ulV to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that W h e as. h-� Princi l entered into a certain Contract with (6) - d ed the day of , 1 93Zry �c-rp—r of which is hereto attached and ma a a part hereof, for.t'he f� construction of:-fA P L (herein called the "work"). These footnotes refer to the numbers in the body of ContP44 f,_. above: =` rDate of Bond must not be prior to date of Contract. (1) Correct name of Contractor (3) Correct name ,�p.f $iurety_-;' (2) A Corporation, a Part- (4) Correct name",•a ,,Z4ner..,% nership or an Individual, (5) County and State. as the case may be (6) Owner NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, r- specifications and Contract Documents during the original term I thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if the Principal shall satisfy all claims and demands incurred under such Con - BOND CHECK BEST RATING A r LICENSED IN TEXAS `., DATE y3 BY tea~ tract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and.repay the Owner all outlay and — expense which the Owner may incur in making good,any default, then this obligation shall be -void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if an le al tion be filed upon this bond, venue shall lie in ,,,� , Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does — hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in six counterparts, efgh one of wh' h shal be deemed and original — this the day of — Principal AT -TEST: ` C/Orin�fpaSecretary %�° 0 7 79t.lS Address (SEAL) Witness as to Pr ncipal Address ATTEST: Surety Secretary ( SEAL Witness as to Sur ty Address Surety ,., ..�, lei 1�k Address NOTE:. If Contractor is Partnership, 8.11 partners should execute bond. r N° 3913 /.M r FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. POWER OF ATTORNEY NO. 239 KNOW ALL MEN BY THESE PRESENTS: Tbat FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing under the laws of the State of Ohio and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Tim Sampson, Linda Attaway, Alan Henry and Doris Davis of the City of Lubbock , State of Texas its true and lawful Attorey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this l8thday of December , A.D. 19 92 FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. Jr, Nk hMV0P M (Signed) By... ..... r. ............................... Senior Vice President (Signed) By........ .4.................. 00 Assistant Secretary STATE OF MARYLAND) x� ` SS: BALTIMORE CITY On this 18thdayof December. ,A.D.19 92,kttw re nally came R ert J. Lamendola Senior Vice President of the FIDELITY AND GU INSURANCE UND RS, INC. and D . Sims Assistant Secretary of said Company, with b t`m I am personally `mho being by me s my aworn,•said, that they, the said Robert J. Lamendola t+(�'Faul D. Si ��+ �F spectivelythe Senior Vice President and the Assistant Secretary of the said FIDELITY AND ttRR11'AARANTY INSURARWRITERS, INC eporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation al affixed to said P ttomcy was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that the side h rr names theoblijce ss Senior Vice President and Assistant Secretary, respectively, of the Company. C' �j My Commission expires the 11� day in A.D. 19 95 e / .. (Signed) Q.... ` ( NOTARY PUBLIC This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. on September 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s}in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by. such Attomey(s)-in-Fact shall to as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I. Paul D . Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. I, the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE UNDERWRTTEP.S, INC. do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of t ELTTY A D GUARANTY INSURANCE UNDERWRITERS. INC- on this 26th daYof April 119 93• t" i� ZTWOORM ........................................ . FS 81 (1a92) 1951 Assistant Secretary 0 CERTIFICATE OF INSURANCE (THIS PAGE LEFT BLANK INTENTIONALLY) PON PPODUCER Alan Henry Insurance P. O. Box 2399 Lubbock, Texas 79408-2399 RAN!� (;.tf!r �� yi r, s..; ISSUE DATE (MM/DD/YY) ;. ,, 26-93 IS C TIFIC TEE IS SUED A9 A AATT~ E-A 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, COMPANIES AFFORDING COVERAGE r •s j LE TERNY A Aetna Casualty & Surety Ins. Co. COMPANY LETTER B Colonial Casualty Ins. Co. INSURED r Williams & Petecs Const. Co., Inc. LEMERYC ' P. O. Box 5215 Lubbock, Texas 79417 LErrenNY D I COMPANY E LETTER COVERAGES r'• x; ,••.y+ Yt:�if 6a.1 it°: .) it�fNW7 ,',j+� rSl+i"b`T5, !' r,�. ,a t r-., L. 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 I POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE i POLICY NUMBER LTR , LIMITS DATE (MMIDD/YV) DATE (MM/DD/YY) GENERAL LIABILITYI GENERAL AGGREGATE ; S 2,000,000 A X COMMERCIAL GENERAL LIABILITY } 071GL806012TCA 6-6-92 I 6-6-93ISM ; PRODUCTS-COMP/OP AGO. $ 2,000,000 CLAIMS MADE X 'OCCUR.' PERSONAL & ADV. INJURY S 1,000,000 • OWNER'S 6 CONTRACTOR'S PROT} ( EACH OCCURRENCE S 11000,000 FIRE DAMAGE (Any one fire) S 50,000 pow i j NED. EXPENSE (Any one person) S 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE S 11000,000 X ANY AUTO LIMIT A 071FJ1037601TCM 6-6-92 6-6-93 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS i (Per person) S 6 X HIRED AUTOS i BODILY INJURY S X NON -OWNED AUTOS f (Per accident) r GARAGE LIABILITY 6 PROPERTY DAMAGE S EXCESS LIABILITY j EACH OCCURRENCE S 5,000,000 /w A X UMBRELLA FORM ; 071XS022599305 6-6-92 6-6-93 AooneonTE s 5, 000, 000 j OTHER THAN UMBRELLA FORM } t WORKER'S COMPENSATION j STATUTORY LIMITS B WC920274 9-1-92 9-1-93 EACH ACCIDENT i S 500,000 !• AND DISEASE —POLICY LIMIT S 500, OW EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE S 500,000 OTHER C { i 1 I i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS I: Paving Improvements Urbana Place The City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Ar'ORD 25_S (1/96)_ ft CANCELLATION ):-;,- .:zMs , ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO i MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. j}` f Y AUTHORIZED MEPR T TIVE I 6GiOna ORPORATION_ 1991 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: Type of Lubbock, Texas Project: THIS IS TO CERTIFY TEAT (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 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 $ tive or Contin- Per Occurrence $ Sent Liability Property Damage $ -------------------------------------------------------------------------------------------------------------------- Contrsctor's Per Person $ Protective or Per Occurrence $ Contingent Property Damage $ Liability Automobile ------------- Comprehensive Per Person $ Per Occurrence $ Property Damage $ 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 ease 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. (Name of Insurer) By: Title No Text HUD CERTIFICATIONS SECTION 3/STATEMENT OF WORK FORCE NEEDS (IN EXCESS OF $109000) (THIS PAGE LEFT BLANK INTENTIONALLY) r Supplement to the General Conditions of the Contract for Construction U.S. Department of Housing �Ca� and Urban Development Q Public and Indian Housing Article 1 — Labor Standards Applicability The Project Program to the and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional lime is or which construction work covered by this contract pertains is being assisted by the United States necesssary. (Approved by the Office of Management and Budget of America and the following Federal Labor Standards Provisions under OMB Control Number 1215.0140.) are included in this Contract or related instrument pursuant to (c) In the event the contractor, the laborers or mechanics r the provisions applicable to such Federal assistance. to be employed in the classification or their representatives, and A. 1. (1) Minimum Wages. All laborers and mechanics employed HUD or its designee do not agree on the proposed classification or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, r•. construction or development of the project), will be paid uncon- Including the views of all interested parties and the recommenda- i ditionally and not less Often than once a week, and without tion of HUD or its designee, to the Administrator for determination. Subsequent deduction or rebate on any account (except such The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the designee or will notify HUD or its designee within the 30-day period full amount of wages and bona fide fringe benefits (or cash that additional time is necessary. (Approved by the Office of j equivalents thereof) due at time of payment computed at rates Management and Budget under OMB Control Number 1215-0140.) 4 not less than those contained In the wage determination of the (d) The wage rate (including fringe benefits where ap- Secretary of Labor which is attached hereto and made a part propriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c) of r I hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work mechanics. Contributions made Or costs reasonably anticipated Is performed in the classification. for bona fide fringe benefits under Section 1(b)(2) of the Davis - Bacon Act on behalf of laborers or mechanics are considered (III) Whenever the minimum wage rate prescribed in the con - wages paid to such laborers or mechanics, subject to the provi- tract for a class of laborers or mechanics includes a fringe benefit sions of 29 CFR 5.5(a)(1)(N); also, regular contributions made or which is not expressed as an hourly rate, the contractor shall either costs incurred for more than a weekly period (but not less often pay the benefit as stated in the wage determination or shall pay than quarterly) under plans, funds, or programs, which cover the another bona fide fringe benefit or an hourly cash equivalent particular weekly period, are deemed to be constructively made thereof. r or incurred during such weekly period. (1r) If the contractor does not make payments to a trustee or Such laborers and mechanics shall be paid the appropriate other third person, the contractor may consider as part of the wage rate and fringe benefits on the wage determination for the wages of any laborer or mechanic the amount of any costs classification of work actually performed, without regard to skill, reasonably anticipated in providing bona fide fringe benefits under � except as provided in 29 CFR Part 5.5(a)(4). Laborers or a plan or program, Provided, that the Secretary of Labor has found, mechanics performing work in more than one classification may upon the written request Of the contractor, that the applicable Stan - be compensated at the rate specified for each classification for dards of the Davis -Bacon Act have been met. The Secretary of the time actually worked therein: Provided, That the employer's Labor may require the contractor to set aside in a separate account payroll records accurately set forth the time spent in each assets for the meeting of obligations under the plan or program. classification in which work is performed. The wage determina- (Approved by the Office of Management and Budget under OMB tion (including any additional classification and wage rates con. Control Number 1215.0140.) formed under 29 CFR Part 5.5(ax1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its 2. Withholding. HUD or its designee shall upon its own action subcontractors at the site of the work in a prominent and ac- or upon written request of an authorized representative of the Department of Labor withhold or to be from r cessible place where it can be easily seen by the workers. cause withheld the (Ilia) Any class of laborers or mechanics which is not contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract listed in the wage determination and which is to be employed subject to Davis -Bacon prevailing wage requirements, which is held under the contract shall be classified in conformance with the HUD by the same prime contractor so much of the accrued payments Or r^ wage determination. shall approve an additional classifica- advances as may be considered necessary to pay laborers and k. ^ tion and wage rate and fringe benefits therefore only when the mechanics, including apprentices, trainees and helpers, employed following criteria have been met: by the contractor or any subcontractor the full amount of wages re- (1) The work to be performed by the classification quired by the contract. In the event of failure to pay any laborer or requested is not performed by a classification in the wage deter- mechanic, inlcuding any apprentice, trainee or helper, employed or mination; and working on the site of the work (or under the United States Housing (2) The classification is utilized In the area by the Act of 1937 or under the Housing Act of 1949 in the construction or construction industry; and development of the project), all or part of the wages required by the. (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contract, HUD or its designee may, after written notice to the con. tractor, sponsor, applicant, or owner, take such action as may be contained in the wage determination. necessary to cause the suspension of any further payment, ad. (b) If the contractor and the laborers and mechanics to vance, or guarantee of funds until such violations have ceased. be employed In the classification (if known), or their reptesen. HUD or its designee may, after written notice to the contractor, tatives, and HUD or its designee agree on the classification and disburse such amounts withheld for and on account of the contrac- wage rate (including the amount designated for fringe benefits where appropriate), a report Of the action taken shall be sent by for or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the HUD or its designee to the Administrator of the Wage and Hour case of direct Davis -Bacon Act contracts. r� Division, Employment Standards Administration, U.S. Department 3. (I) Payrolls and basic records. Payrolls and basic records of Labor, Washington, D.C. 20210. The Administrator, Or an relating thereto shall be maintained by the contractor during the authorized representative, will approve, modify, or disapprove course of the work and preserved for a period of three years every additional classification action within 30 days of receipt thereafter for all laborers and mechanics working at the site of the (or under the United States Housing Act of 1937. or under the rwork HUD•52554 11.87 HS 7417.1 d 7417.1 REV-- qualified applicants will receive Consideration for employment struction work: Provided, that if the applicant so participating is a without regard to race. color, religion, sex, or national origin. ' State or local goverrmert, tho above equal opportunity clause is y _ C. The Contractor will tend to each labor union or represen• m' not applicable to any agency. Instrumentality or subdivision of such tative of workers with which It has a collective bargaining agree• government which does not participate in work on or under the;•- ment or other contract or understanding a notice to be provided contract. �•�' r.: ssr: '•�+"•r;•>i advising the said labor union or workers representatives of the ' I L The applicant agrees that It will assist and Cooperate actively Contractor's commitments hereunder, and shall post copies of with the administering agency and the Secretary of Labor in obtain• the notice in conspicuous places available to employees and ap• Ing the compliance of contractors and subcontractors with the plicants for employment. . - . • '' •- • ' - • : equal opportunity clause and the rules, regulations, and relevant 0. The Contractor will Comply with all provisions of Executive orders of the Secretary of Labor, that It will furnish the administer. Order 11246 of September 24, 1965 and of the rules, regulations, Ing agency and the Secretary of Labor such information as they and relevant orders of the Secretary of Labor, may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge o1 the E. The Contractor will furnish all Information and reports re- „ agency's primary responsibility for securing compliance. quired by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pur- J. The applicant further agrees that it will refrain from entering In suant thereto, and will permit access to Its books, records, and . to any contract or contract modification subject to Executive Order accounts by the Secretary of Labor for purposes of investigation 11246 of September 24, 1965, with a contractor debarred from, or to ascertain compliance with such rules, regulations, and orders. who has not demonstrated eligibility for, Government contracts and- federally assisted construction contracts pursuant to the Executive F. In the event of the Contractor's noncompliance with the {'4 order and will carry out such sanctions and penalties for violation. nondiscrimination clauses of this contract or with any of the ``' of the equal opportunity clause as may be Imposed upon contrac• +: said rules• regulations, or orders, this contract may be canceled, tors and subcontractors by the administering agency or the terminated, or suspended in whole or in part and the Contractor Secretary of Labor pursuant to Part 11, Subpart D of the Executive - may be declared ineligible for further government contracts or << order. In addition, the applicant agrees that it it fails or refuses to federally assisted construction contracts in accordance with pro- ' comply with these undertakings, the administering agency may tak: - cedures authorized in Executive Order 11246 of September 24, any or all of the following actions: Cancel, terminate, or suspend In • 1965. and such other sanctions may be imposed and remedies whole or in part this grant (contract, loan, insurance, guarantee); • •, Invoked as provided in Executive Order 11246 of September.24, refrain from extending any further assistance to the applicant uncle orrule, regulations or order of the Secretary of Labor, the program with respect to which the failure or refund occurred or a5 s or rwise provided by law. - ' otherwise '„ until satisfactory assurance of future compliance has been receives -'G. The Contractor will include the portion of the sentence Im• from such applicant; and refer the case to the Department of t mediately preceding paragraph A and the provisions of ;. Justice for appropriate legal proceedings: .' paragraphs A through G in every subcontract or purchase order - �: `•;!! }`•= '•=r:'`ra unless exempted by rules, regulations, or orders of the Secretary of Labor Issued pursuant to Section 204 of Executive Order Article 3 — Equal Opportunity for Businesses and Lower Income Per- 11246 of September 24, 1965, so that such provisions will be sons Located Within the Project Area -• binding upon each subcontractor or vendor. The Contractor will ,, . . ,,; .. •. take such action with respect to any subcontract or purchase A. The work to be performed under this contract is on a project order as the Secretary of Housing and Urban Development or the assisted under a program providing direct Federal financial ! V.. y Secretary of Labor may direct as a means of enforcing such pro• assistance from the Department of Housing and Urban Develop- :r. visions• including sanctions for noncompliance. Provided, .. ment and is subject to the requirements of Section 3 of the Hous• ^ however, that in the event the Contractor becomes involved In, Ing and Urban Development Act of 1968. as amended, 12 U.S.C. or is threatened with, litigation with a subcontractor or vendor as 1701u. Section 3 requires that to the greatest extent feasible oppor a result of such direction by the Secretary of Housing and Urban tunities for training and employment be given lower income Development or the Secretary of Labor, the Contractor may re• residents of the unit of local government or the metropolitan area quest the United States to enter Into such litigation to protect '. _ (or nonmetropolitan county) as determined by the Secretary of :r the interests of the United States. :�,::' .:.:..;_':�..::.... . ' '_ Housing and Urban Development in which the project is located H. The applicant further agrees that it will be bound by the , and contracts for work in connection with the project be awarded to above equal opportunity clause with respect to its own employ business concerns which are located in, or owned in substantial ,,.• -• ment practices when it participates in federaiy assisted con- ,_�! part by persons residing in the same metropolitan area (or • ' `; . ,',,t ;., nonmetrop04 olitan county) as the project, ' ' ,. "'� .. - • r•.`•r•:Ri:•L' V/[;!•r,'M 13 Lia:{'l';�a'r, .r. +t.:1 .1'.1.:��'•, V�r"JC,' I .r ! 4 r.;• •`:`'•' ;..7.: i,.R..••S: tla:i �•,}�.q:r� ,t��','.ar.(�.;..? —� a4. i•«- , } +•r,•ei+ . r: r . t.. u, yr J t�f �::q r •1n G:•" •�1�►%±t �::.i:.�if'�.7;+C i ;:'i 4...�' (.!:l4 !'3:'L'.::i•1'J 9Li ' 4 :.�..:i�:ri•h Li ::'.:%'le:.i7.+.:':•V '? '::�•:!1:1`l�+'•i. ,1 '�. :i, p .. i .,�! [.�'. iti' A .� i•i'L�:�11M:{�tirs.+' ' .. _.�. `�r'�•'-'•' f �i•i ,at3rb�1�Pi.91rI+•i!:i:11'IM{vt,�:Ja,!}f '.i.'w1 i::a ,;�!'��'i�Iii:.lr..aL �L' y� r,, r. .ryrl�Y A•ri.'f. ••�. ~•: .;atR iR,rl•.�. 1 7►i ., 1ZIv. .Lc,J`I,i7K': Jw•). �I:1•.'...r�!1:1'Ly lr i'•il{it! '`f • J.r: .T.. : rt�i..+.•i T•^..w �!�.t� '1 .•�u••`�tia.�::':lrJ:• *. .M • n• Q..1. la::J )ii� :t.: l:el.:: �1. .) .1•.•i" r�-S `' • i "+4 "rr .� it+..i .1'1 ••3 •�•J•.t�y .••�trt • �r+,r.tY• )•'. M�`f'.ir �•%ir ,`,..,:1• •^ '1 .•. �.:t`••it' y ` . '"':• ' '.•a:': `• '1" g+.• r %i• •�•t r•i c:.• .-.ia: .r'-4�r• * s. '• �t1 :.r-;r.�: •«•- ,� Zy t-r.. . • :..L .:. - .,..-.�...,y,�:•-. .:, n',. :':"1 F ff+: ..;,•:a1r!r:..;; !t nil •r • '1 �:• ;,: '.'. .'t .... i •r.i,.-at• .. 1 tom,.. v •l.li: .:� al•:. •! •4 J,. ..1.. i`, — Page 4 of 4 Pages-- r CONTRACTOR INFORMATION i TO: City of Lubbock DATE: P.O. Box 2000 Lubbock, Texas 79457 PROJECT NUMBER CDWO: PROJECT NAME: 1. The undersigned, having submitted a 9 � 9 bid to the City of - Y Lubbock Lubbock for the construction of the above identified • t. project, certifies that: (a) The legal name and business address (including zip code) of the undersigned is: 2. The undersigned is: (a) A single proprietorship (list sole owner) (b) A partnership (list all partners) t (c) A corporation (names of all principals and their titles) .. r 1. President: Vice -President: r Secretay-Treasurer: 3. The Taxpayer Identification Number for the undersigned is (whichever is applicable): (a) Employer Identification Number (Federal Identification Number): l- (b) Social Security Number: 4. If awarded the bid for the aforementioned project, the undersigned agrees to forward to the City of Lubbock within ten days after the execution of any subcontractor(s) a list of allsubcontractors who will be employed on said project. This list will consist of the subcontractor's legal name and �- business address. Contractor Date BY: - CONTRACTOR'S NAME ADDRESS ANTICIPATED OCCUPATIONAL CATEGORIES TO BE UTILIZED PRELIMINARY STATEMENT OF WORK FORCE NEEDS ANTICIPATED NUMBER OF NON -TRAINEE POSITIONS NATURE OF CONTRACT AMOUNT OF CONTRACT " This form is to be completed by all contractors prior to signing any contract. ANTICIPATED NUMBER OF TRAINEE POSITIONS (THIS PAGE LEFT BLANK INTENTIONALLY) CONTRACT (THIS PAGE LEFT BLANK INTENTIONALLY) FM CONTRACT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8th day of April, 1993 ., by and between the City of Lubbock County of Lubbock, State of Texas, actingby and through David R. Langston, Mayor, and thereunto authorized topo so, hereinafter referred to as OWN and WILLIAM & PETERS CONSTRUCTION COMPANY, INC., County of Lubbock, and State of Texas, hereinafter referred to as CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any), the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction of certain improvements described as follows: Bid # 12511 - PAVING IMPROVEMENTS URBANA PLACE and all extra work in connection herewith, 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 Conditions of the Agreement. The CONTRACTOR hereby agrees to commence work within ten (10) 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 therefor, subject to additions and deductions, as provided in the Contract Documents, and to make payment on account thereof as provided therein. F r IN WITNESS WHEREOF, the part this contract in five (5) counterp rts, each original, in the year and day firs above me ATTEST: &tc;- A C')54-""� City S cretary APD AS . ; t�P �L ir. - / a1 PP "' 1 I i 1' OWL �41'1 r �- C se presents have executed which s.W deemed an ned. r a F L TEXA _ MA 0 U— WILLIAMS & PETERS CONSTRUCTION COMPANY, INCORPORATED CONTRACTOR BY:10-e?Je�i TITLE:��__�� i A nm" "R0,21ml, ma 0 COMPLETE ADDRESS: BOX 3907 LUBBOCK, TX 79452 GENERAL CONDITIONS OF THE AGREEMENT (THIS PAGE LEFT BLANK INTENTIONALLY) INDEX TO GENERAL CONDITIONS r" 1. Owner 2. Contractor ' r, — 3. Owner's Representative and Architect or Consulting Engineer 4. Contract Documents 5. Interpretation of Specifications or Drawings 6. Subcontractor 7. Assignment S. Written Notice 9. Work r 10. Substantially Completed 11. Layout of Work 12. Keeping of Plans and, Specifications Accessible r E 13. Right of Entry and Inspection 14. Lines and Grades r' 15. Architect's Authority and Duty 16. Superintendence and Inspections l 17. Contractor's Duty and Superintendence 18. Contractor's Understanding 19. Character of Workmen r Plant l 20. Construction �^ 21. Sanitation 22. Observation and Testing 23. Defects and Their Remedies 24. Changes and Alterations r l• 25. Extra Work r^ - 26. Discrepancies and Omissions. 27. Right of Owner to Modify Methods and Equipment 28. Protection Against Accident to Employees and the -Public 29. Contractor's Insurance: Scope of Insurance and Special Hazards 30. Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies 31. Protection Against Royalties or Patent Invention 32. Laws and Ordinances 33. Time for Completion and Liquidated Damages 34. Time and Order of Completion 35. Extension of Time 36. Hindrance and Delays 37. Quantities and Measurements 38. Protection of Adjoining Property 39. Price for Work 40. Construction Schedule & Periodic Estimates 41. Payments to Contractor 42. Payrolls and Basic Payroll Records of Contractor and Subcontractor 43. Minimum Wages 44. Posting Wage Determination Decisions and Authorized Wage Deductions 45. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decisions 46. Specific Coverage of Certain Types of Work by Employees 47. Underpayments of Wages or Salaries 48. Anticipated Costs of Fringe Benefits 49. Fringe Benefits not Expressed as Hourly Wage Rates t: 50. Overtime Compensation Required by Contract Work Hours and ` Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) a 51. Employment of Apprentices/Trainees 52. Employment of Certain Persons Prohibited . 53. Regulations Pursuant to So -Called "Anti -Kickback Act" 54. Complaints, Proceedings or Testimony by Employees 55. Claims and Disputes Pertaining to Wage Rates r56. Questions Concerning Certain Federal Statutes and Regu- lations 57. Final Completion and Acceptance 58. Final Payment 59. Correction of Work Before Final Payment for Work k I 60. Correction of Work After Final Payment y 61. Payment Withheld r f 62. Delayed Payment 63. Time of Filing Claims r 64. Arbitration r i. 65. Abandonment by Contractor 66. Abandonment by Owner r L 67. Losses from Natural Causes 68. Independent Contractor 69. Cleaning Up !' 70. Contractor's Right to Terminate 71. Right of the Owner to Terminate Contract 72. Breach of Foregoing Federal Labor Standards Provisions 73. Interest or Member of or Delegate to Congress r 74. Other Prohibited Interests j� i - r" C l 75. Special Equal Opportunity Provisions 76. Certification of Compliance with Air and Water Acts 77. Special Conditions Pertaining to Hazards Safety Standards and Accident Prevention 78. Nondiscrimination against the handicapped (Sec. 504) i r I GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER r' Whenever the word "Owner", or the expression "Party of the First Part", or "First Party", are used in this Contract, they 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", are used, they shall be understood to mean the person, persons, co -partnership or corporation, to wit:WILLIAM & PETERS CONSTRUCTION, CO., INC., who has agreed to perform the work embraced in this Contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER a. Whenever the term Owner's Representative is used in // this Contract, it shall be understood as referring to Larry 4i Engineering Department, of the City of Lubbock, or to such other representative, supervisor or inspector as may be authorized by said Owner to act as Owner's Representative under PM this Agreement. Owner's Representative may designate engineerings, supervisors or inspectors wh will act for Owner under the direction of Owner's Representative, but such engineers, supervisors or inspectors shall not directly supervise the Contractor or men acting in behalf of the Contractor. The Owner's Representative shall have authority to approve change orders involving a decrease or increase in cost of Five Thousand ($5,000.00) Dollars or less. J b. Owner has designated LarU lertfi. Engineering �- Department, to perform the duties of Architect or Consulting Engineer on the project to be constructed pursuant to this Contract. The Architect or Consulting Engineer will administer this Contract during construction and until final payment is due or until the Owner's Representative terminates, modifies or limits the duties which are the responsibility of the Architect as hereinafter set forth, in which case the Owner's Representative or his appointed agent shall perform any duties so terminated, limited or modified. The word "Architect" when used in this agreement shall mean either Architect or Consulting Engineer. 4. CONTRACT DOCUMENTS The Contract's Documents shall consist of the Notice to Bidders, Information for Bidders, Bid Proposal, Singed Agreement, Statutory Bonds (if required), General Conditions of the Agree- pop r" f ment, Exhibits A and B to the General Conditions, Special Conditions of the Agreement (if any), Specifications, Drawings, Insurance Certificate and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders, as well as all Addenda issued prior to the execution of the Signed Agreement, and all Modifications, such as Change Orders, written interpretations and written orders for minor changes in the work which are issued by the Architect as hereinafter authorized. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and reasonably inferable therefrom as being necessary to produce the intended results. In the event Special Conditions are contained herein as part of the Contract Documents and said Special Conditions conflict with any of the General Conditions contained in this Contract, then in such event the Special Conditions shall control. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor. 5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS Whenever in the Specifications or Drawings accompanying this r• Agreement the terms of description of various qualities relative " to finish, workmanship or other qualities of similar kind which cannot, from their nature, 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 or Drawings shall be decided by the Architect, and r' 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 A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the work at the site. The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award any work to any subcontractor without prior written approval of the Owner's Representative, which approval will not be given until the Contractor submits to 'r i 2 r 4 17 the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of the subcontractors and to give the Contractor the same power to terminate any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Contract shall create any con- tractual relation between any subcontractor and the Owner or the Architect, and said subcontractor will look exclusively to the Contractor for any payments due subcontractor. 7. ASSIGNMENT The Contractor agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract. The Contractor further agrees that assignment of any portion or feature of the work or materials required in the performance of this contract shall not relieve him from his full obligations to the Owner, as provided by this Contractual Agreement. 8. WRITTEN NOTICE Written notice shall be deemed to have been duly served if r 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. All directions, instructions or notices required or autho- rized to be given under these Contract Documents from the Owner, Owner's Representative or Architect to the Contractor shall be in writing. 9. WORK The work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. Unless otherwise stipulated, the'Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the Contract Documents., Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.' The Contractor shall, if required, furnish satisfac- tory evidence as to the kind and quality of materials. Materials or work described in words which' so applied have well known, technical or trade meanings shall be held to refer to such recognized standards. All work shall bedoneand all materials furnished in strict conformity with the Contract Documents or any other information or instructions conveyed to the Contractor. 10. SUBSTANTIALLY COMPLETED The term "Substantially Completed" means that the structure or project contemplated by the Contract Documents has been made suitable for use or occupancy, or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 11. LAYOUT OF WORK 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 Architect. The Architect will check the Contractor's layout of all major structures and any other layout work done by the Contractor at the 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. 12. KEEPING OF. PLANS AND SPECIFICATIONS 'ACCESSIBLE The,Contractor shall be furnished with _(1) nnP copies of all Drawings, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job. site. 13. RIGHT OF ENTRY AND INSPECTION The Architect shall at all times have access to the work wherever it is in preparation and progress. The Architect will make periodic visits to the site at intervals appropriate to the state of construction to observe the progress and quality of the executed work and to determine, in general,if the work is proceeding in accordance with the Con- tract Documents. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity - 4 - r of the work. Furthermore, the Architect will not have control or charge of and will not be responsiblefor the construction means, r- 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- r, 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 r' keep the Owner informed of the progress of the work and will endeavor to protect the Owner against defects end deficiencies in the work of the Contractor. The authorized representative and agents of the Owner shall be permitted to inspect all work, material, payrolls, records of personnel, invoices of materials and other relevant data and records. The Owner reserves the right to perform work related to the project with his own forces, and to award separate contracts in connection with other portions of the project or other work on the site of the Contract. If the Contractor claims that delay or additional costs are involved because of such action by the Owner, he shall make such claim as provided elsewhere in the Contract. Documents. 1.4. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these Contract Documents or the completion of the work contemplated by these Contract Documents. Whenever necessary, the Contractor shall suspend his work in order to permit the Owner's Representative to comply with this require- ment, but such suspension will be as brief as practical and the Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Con- tractor, and in case of careless destruction or removal by him, his subcontractors or their employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at the Contrac- tor's expense. 15. ARCHITECT'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Contract that the Architect shall review all work included herein. - 5 - The Architect will review and approve or take other appro- priate'action upon the Contractor's submittals, such as Shop Drawings, Product Data. and Samples, but only for conformance with the design concept of the work and with the information given in the Contract Documents. The Architect will have authority to order minor changes in the work not involving an,adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be ef- fected by written order, and shall be binding on the.Owner and the Contractor. The Contractor shall carry out such written orders promptly. — The Architect has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Architect has the authority to reject work which does not conform to the Contract Documents. In order to prevent delays and disputes and to discourage litigation, it is further agreed that the Architect shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this Contract. Based on the Architect's observations and an evaluation of the Contrac- tor's Applications for Payment, the Architect will determine the amounts owing to the Contractor and will issue Certificates for Payment in accordance with the provisions of this Agreement. 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 Architect'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 the Contract; provided, however, that should the Architect render any decision or give any direction which, in the opinion of the Owner's Representative, is not in accordance with the meaning and intent of this Contract, the Owner's Represen- tative shall notify the Architect and the Contractor of his objection, and the Architect shall direct the Contractor to modify or remedy such work to meet the requirements of the Owner's Representative. Should the Contractor object to any decision or given direction which, in his opinion, is not in accordance with the meaning and intent of this Contract, the Contractor 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 question 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 directions of the Architect as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted through arbitration, as hereinafter provided. - 6 - r The Owner's Representative shall, within a reasonable time, mender and 'deliver to both the Architect and the Contractor a written decision on all written objections filed by the Con- tractor. Should the Owner's Representative fail to make such a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the Contractor. 16. SUPERINTENDENCE AND INSPECTIONS It is agreed by the Contractor that the Owner's Represen- tative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors or inspectors as the a- said Owner's Representative may deem proper to inspect the materials furnished and the work performed or being performed under this Agreement, and to see that said materials are fur- nished and the work is done in accordance with the specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. 17. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the Contractor. The work,` from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner, Owner's Representatives or Architect will not be responsible for the acts or omissions of the Contractor or any of his agents or employees or any other persons performing any of the work. �^ The Contractor shall be responsible to the Owner for the I acts and omissions of his employees, subcontractors and their agents and employees and other persons performing any of the work under a contract with the Contractor. 16. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect 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 affect or modify -- any of the terms or obligations herein contained. 19. CHARACTER OF WORKERS 1 To do the work required by this Contract, the Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required by the said Con- tract, and he further agrees that whenever the Owner's Represen- tative shall inform him in writing that any worker or workers doing the work are, in his opinion, incompetent, unfaithful or disorderly, such worker or workers shall be discharged from the "work and shall not again be employed to do the work without written consent of the Owner's Representative. 20. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary for the prosecution and com- pletion of this Contract where it is not otherwisespecifically provided that the Owner shall furnish same, and it is also understood that the,Owner shall not be held responsible for the care, preservation, conservation or protection of any materials, tools, equipment or machinery or. any part of the work until it is finally completed and accepted. The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be main- tained in a manner satisfactory to the.Owner's Representative. 21. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by a subordinate super- visor appointed by the Owner's Representative. The Contractor shall strictly enforce the use of such facilities. 22. OBSERVATION AND TESTING i The Owner's Representative or the Architect shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any 'observations and tests which may be contemplated by'Owner's Representative or Architect and shall give ample notice as to the time each part of the work will be ready for such 'observations and tests. Owner's Representative or - 8 - Architect may reject any work found to be defective or not in accordance with the ContractDocuments, regardless of the stage of its completion or the time or place of discovery of such errors, and regardless of whether either Owner's Representative or Architect has previously accepted the work through oversight or otherwise. If any work which is required to be inspected, _ r tested or approved, is covered up without written approval or consent of the Owner's Representative or Architect, it must, if requested by the Owner's Representative or Architect, be un- covered for observation and testing at the Contractor's expense. In the event that any part of the work is being fabricated or C manufactured at a location where it is not convenient for Owner's Representative or Architect to make observations of such work or r' require testing of said work, then in such event, Owner's Repre- sentative or Architect may require Contractor to furnish Owner's Representative or Architect 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 maybe required by 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's Reprsentative or Architect, it must, if requested by �- the Owner's Representative or Architect, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or 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's Representative or Architect, nor inspections, tests or approvals by Owner's made Representative or Architect or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the Contractor from his obligation to perform the s work in accordance with the requirements of the Contract Docu- ments. 23. DEFECTS AND THEIR REMEDIES It is 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's Repre- sentative or Architect as unsuitable or not in conformity with plans, specifications and Contract Documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative or Architect, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full r - 9 - accordance with this Contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at the Contractor's expense. The Contractor shall promptly correct any work rejected by the Owner's Representative or Architect as defective or as -- failing to conform to the Contract Documents, whether observed before or after substantial completion and whether or not fabricated, installed or completed, and shall correct any work found to be defective or nonconforming within a period of one year from the date of substantial completion of the Contract, or within such lon9er period.of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents. The provisions of this Section apply to work done by subcontractors as well as to work done by direct em- ployees of the Contractor. The Contractor shall bear all costs of correcting such rejected work, including compensation for the Architect's additional services made necessary thereby. If the Contractor fails to correct defective work as required, or persistently fails to carry out the work in accor- dance with the Contract Documents, the Owner's Representative, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the work', or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents, and fails within seven days after receipt of written notice from the Owner's Representa- tive or other agent to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice, and without prejudice to any other remedy he may have, make ,good such deficiencies. In such case, an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contrac- tor shall pay the difference to the Owner. If, within one year after the date of substantial completion of the work or designated portion thereof, or within one year after acceptence'by the Owner of'designated equipment, or within such 'longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the - 10 - Owner to do so unless the Owner has previously given the Con- tractor a written acceptance of such condition. This obligation �. shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the defect. 24. CHANGES AND ALTERATIONS -._ The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this Contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly, be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this Contract; otherwise, such additional work shall be paid for as provided under extra work. In case the Owner shall make such changes or alterations as shall make useless any work already l l done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned. 25. EXTRA WORK The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or Contract Documents and not covered by the 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 Architect 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 one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics end labor- ers, and materials, supplies, teams, trucks, rentals on machinery and e-quipment, 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's Repre- sentative or Architect, or by them agreed to. Owner's Represen- tative 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 Represen- tative or Architect may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon or specified, the prices for the use of machinery and equipment shall be determined by using 100o, 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 (150) of the actual field cost to be paid to the Con- tractor shall cover and compensate him for his profit, overhead, general superintendence, and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such extra work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extraworkof any kind will be allowed unless ordered in writing by the 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 a written request to the Owner's Representative for a written order authorizing such extra work. Should a difference�of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making a written request for a written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under - 12 - Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as herein below provided. 26. DISCREPANCIES AND OMISSIONS r� 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 price 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 the Architect. If the Contractor finds any discrepancies or omissions in these plans, specifications or Contract Documents, he should notify the Architect and obtain a clarification before the bids are received, and if no such request is received by the �. Architect prior to the opening of bids, then it shall be consi- dered 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 specifi- cations. It is further understood that any request for clari- fication must be submitted no later than five days prior to the opening of bids. 27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If, at any time, the methods or equipment used by the Con- tractor are found to be inadequate to secure the quality of work with the rate of progress required under this Contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Worker's Compensation Insurance with an insurance r- company licensed to transact business in the State of Texas, which policy or policies shall comply with the Worker's Com- pensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with E 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, 13 - i his sureties and insurance carriers shall defend, indemnify and save harmless the Owner, all of its officers, the Architect and their agents and employees from all damages, losses, or expenses and from all suits, actions or claims of any character whatsoever brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any — negligent act or fault. of the Contractor or 'any subcontractor, their agents or employees, in execution and supervision of said Contract, and the project which is the subject'matter of this Contract, including the failure of Contractororany subcontrac- tor to provide necessary barricades, warning lights or signs, and will be required to pay any judgment with costs which may be obtained against the Owner, its officers, the Architect or any of their agents or employees, including attorney.'s fees. In,any and all claims against the Owner, any officer of the Owner, the Architect or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the indemnification•obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Worker's Compensa- tion acts, disability benefit acts or other employee benefit acts. The obligations of the Contractor under this Section shall not extend to the liability of the Architect, his,agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. The safety precautions taken shall be the sole responsi- bility of the Contractor, in his sole discretion as an Indepen- dent Contractor. Inclusion of this section in the Agreement, as well as any notice which may be given by the Owner, the Owner's Representative or the Architect concerning omission under this section as the work progresses,°are intended as reminders to -the Contractor of his duty, and shall not be construed as any assumption of duty to supervise safety precautions taken by either the Contractor or any of his subcontractors. 29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL. HAZARDS The Contractor,shall not commence work under this Contract until he has obtained all insurance as required herein. The Contractor shall provide insurance for the adequate protection of the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Con- tract, whether such operations be by the insured or by anyone directly or.indirectly employed by him and, also, against any of - 14 - r r k the special hazards which may be encountered in the performance of this Contract, as enumerated in the Supplemental General r Conditions. The Contractor shall procure and carry, at his sole cost and r expense throughout the life of this Contract, insurance protec- tion as hereinafter specified. Such insurance shall be carried " with an insurance company licensed 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 subcon- tractor, or separate policies shall be provided covering the operation of each subcontractor. All policies shall contain an r agreement on the part of the insurer waiving the right to subrogation. (A) Worker's Compensation and Employer's Liability Insurance. As required by State statute covering all employees employed on a work whether employed by the Contractor or any subcontractor on the job. (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 an additional insured and the amount of such policy shall be as follows: $ 500,000 for bodily injuries, including accidental death, to any one person, but limited to $ 500y000 per occurrence, and $ 100,000 for property damage. The Contractor shall obtain a Contractor's Protective (Contingent) Liability Insurance policy and the amount of said policy shall be as follows: In an amount not less than $ 300,000 for bodily injuries, including accidental death, to any one person, but not less than $ 500,000 _ per occurrence and in the amount of not less than 300,000 for property damage. Said policy shall include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage r. Personal Injury (with exclusion "c" waived) r' - 15 - The City is to be named as an additional insured on this policy for this specific job, and a copy of the endorsement doing so is to be attached to the Certificate of Insurance. In addition to the insurance required above, the Department of Housing and Urban Development requires that all contracts in excess of $100,000.00 provide Builders Risk Insurance (Fire and Extended coverage). Until the project is completed and accepted by the Owner, said Owner or Contractor (at the Owner's option, as indicated in the Supplemental General Conditions, Form HUD-4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insprable portion of the project for the benefit of the Owner, the Contractor and Subcontractors, as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and'specifica- tions, the project covered by the Contract, and the Con- tractor and his Surety shall be obligated to full perfor- mance of the Contractor's undertaking. (C) Automobile Insurance The Contractor shall procure a Comprehensive Automobile Liability Insurance Policy providing coverage to include all owned and .non -owned cars, including Employer's Non -ownership Liability and Hired and Non -owned Vehicles as follows: In an amount not less that $ 250,000 for injuries, including accidental death, to any one person, but not less than $ 500,000 per occurrence, and in the amount of not less than $ 100,000 for property damage. (D) Proof of Coverage Before work on this Contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval three (3) certificates of insurance covering each insurance policy carried and offered as evidence of compli- ance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. - 16 - I 1 . r (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certi- ficate. (4) The expiration date of the policy and the limit or •limits of liability thereunder on the date borne by such certificate. .W (5) A statement that the insurance of the type afforded by :the policy applies to all of the operations of whatever character which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the Contract. (6) A provision that the policy may be cancelled only by mailing written notice to the named insured at the address shown in the bid specifications, stating when, not less than ten (10) days thereafter, cancellation •of such policy shall be effective. (7) A provision that written notice shall be given to the Owner ten (10) days prior to any change in or cancel- lation of the policies shown on the certificate. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner, its officers, the Architect and their agents and employees harmless from all claims growing out of any demands of subcon- tractors, laborers, workmen, mechanics, meterialmen and fur- nishers 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 obliga- tions 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 indebt- edness shall remain unpaid, withhold from the unpaid portion of this Contract, a sum equal to the amount of such unpaid indebt- edness, or may apply the sum so withheld to discharge any such indebtedness. 17 - 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor -- shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these Contract Documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account _ thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. _ 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations which in any manner affect the Contract or the work, and 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 Architect and Owner's Representative in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the'work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. 33. 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 the time for completion of the work as specified in the Contract 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." - 18 - 1 r i ,. The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between r the Contractor and the Owner that the time for the completion of — € the work described herein is a reasonable time for the comple- tion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in the locality. If the said Contractor shall neglect, fail or refuse to r complete the work within the time herein specified, or any proper i extension thereof granted by the Owner, then the Contractor does hereby agree, as a part of the consideration for the awarding of this Contract, to pay to the Owner the amount specified in the Bid Proposal, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after r the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain, and said amount shall be permanently retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence for each and every portion of this Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where, under the Contract, additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contrac- tor's reasons for the time extension are acceptable to the Owner. Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in comple- tion of the work is due: (a) To any preference, priority or allocation order duly issued by the Government. r' (b) To any unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restric- tions, strikes, freight embargoes or severe weather; and r i 19 - (c) To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections (a) or (b) of this section. Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner's Representative, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of the Owner's decision in the matter. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order or precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this Contract, the plans and specifications, and within the time of completion designated in the 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 construction 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 or Architect, sche- dules which shall show the order in which the Contractor pro- poses to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 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 section 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, the Architect, 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 extension of time, submitting therewith all written justifica- tions as may be required by the Owner's Representative for such ..,,an extension. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by - 20 - r r the Contractor, supported by all requested documentation shall t then submit such written request to the City Council of the City of Lubbock for its consideration. Should the Contractor disagree ! with the action of the City Council, such disagreement shall be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing this 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 hin- drances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be.made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this Contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event such expense, as in the judgment of the Owner's Representative 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, drawings 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 approximations and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. 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 en- countered and which may be injured or damaged by any process of construction to be undertaken under this Agreement, and he shall be liable for any and all claims for such injury or damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold r' harmless the Owner against any claim or claims for damages due i F^ - 21 - to any injury to any adjacent or growing out of'the performance of indemnity shall not apply to any of the existence or character of 39. PRICE FOR WORK adjoining property arising or this Contract, but such claim of any kind arising out the work. In consideration of furnishing all necessary labor, equip- ment and material and the completion of all work by the Contrac- tor, and on the delivery of all materials embraced in this Contract in full conformity with the specifications and stipu- lations 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 labor, equipment and material required for the aforesaid work, and for all expenses incurred by him, end for well and truly performing the same and the whole thereof in the manner and according to this Agreement, the attached specifications, drawings, Contract Documents and requirements of the Architect and the Owner's Representative. 40. CONSTRUCTION SCHEDULE & PERIODIC EsfIMATES Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the Owner's.Representative and to the Architect an estimated construction progress schedule in a form satisfac- tory to the Owner's Representative and Architect, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Docu- ments and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the.Contract price. At least fifteen days before the date for each progress payment established in Section 41 of these General Conditions, the Contractor shall submit to the Architect an itemized Appli- cation for Payment, notarized if required, supported by such data substantiating the Contractor's right to payment as the Owner or the Architect may require, and reflecting retainage, if any, as provided elsewhere in the Contract Documents. Unless otherwise provided in the Contract Documents, .payments will be made on account of materials or equipment not .;incorporated in the work but delivered and suitably stored at the site. - Y2 - rr The Contractor warrants that title to all work, materials and equipment covered by an application for payment will pass to the Owner either by incorporation in the construction -or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as "liens", and that no work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing work at the site or furnishing materials and equipment for the project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Architect will, within seven days after the receipt of the Contractor's Application for Payment, either issue a Certi- ficate for Payment to the Owner, with a copy to the Contractor, for'such amount as the Architect determines is properly due, or notify the Contractor in writing of his reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the''Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work for conformance with the Contract Documents upon Substantial Comple- tion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment in the amount certified. However, by issuing a Certificate for Payment, the Architect shall not thereby bedeemed to represent that he has made exhaus- tive or continuous on -site inspections to check the quality or quantity of the work, or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Sum. 41. PAYMENTS TO CONTRACTOR After the Architect has issued a Certificate for Payment, a and not later than the 25th day of each calendar month, the Owner shall make a progress payment to the Contractor on the basis of a r' duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract, the Owner shall retain ,. five percent (5') of the amount of each estimate until final completion and acceptance of all work covered by this Contract: 23 - Provided, that the Contractor shall submit his estimate not later than the first day of the month; Provided, further, that the Owner at any time after fifty percent 50A) of the work has been completed, if it finds that satisfactory progress,is being made, may make any of the remaining progress payments in full; Pro- vided, further, that on completion and acceptance of each separate building, public work or other division of the Con- tract, on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. In preparing estimates, the material delivered on the site and preparatory.work done may be taken into consideration. All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made, or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all the terms of the Contract. Owner's Right To Withhold Certain Amounts and Make Applica- tion Thereof: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen,'mechanics,.mate- rialmen and furnishers of machinery and parts thereof, equip- ment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of the Contract. The Contractor shall, at the Owner's request, furnish satisfac- tory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either directly pay unpaid bills of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to Impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payments made in good faith. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the project by the Owner, shall constitute an acceptance of any work ;not in accordance with the Contract Documents. 24 I The Contractor shall promptly pay each subcontractor, upon receipt of payment from the Owner, out of the amount paid to'the Contractor on account of such subcontractor's work, the amount to which said subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on = account of such subcontractor's work. The Contractor shall, by an appropriate agreement with each subcontractor, require each subcontractor to make payments to his sub -subcontractors in similar manner. 42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND The Contractor and each subcontractor shall prepare their ,. payrolls on forms satisfactory to and in accordance with in- structions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall ■- contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work ^, covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years there- after. Such payrolls and basic payroll records shall contain the PM name and address of each such employee, his correct classifice- tion,-rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the P- Davis-Bacon•Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or MR mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(6) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make their employment C records with respect to persons employed by them upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Develop- ment, the Local Public Agency or Public Body and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any r- l subcontractor during working hours on the job. i+ - 25 - 43. MINIMUM WAGES (See Exhibit 8: In excess of $2,000) All laborers and mechanics employed upon 'the work covered by this Contract,shall be paid unconditionally and not less often than once each week, and without subsequent deduction -or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is included in Exhibit 8) regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be.by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)'(2) of the Davis -Bacon Act on behalf of laborers or Mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also .for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds or programs, but covering the particular weekly period, are deemed to be con- structively made or incurred during such weekly period. 44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted -at appropriate conspicuous points at the site of the work. 45. EMPLOYMENT OF -LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISIONS Any class of laborers or mechanics which -is not listed in the wage determination decisions and which is to be. employed under the Contract will be classified or reclassified conform- ably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the. Secretary of Housing and Urban Development, to the Secretary of Labor, - 26 - United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassi- fication of a particular class of laborers and mechanics to be r used, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. r 46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES 1 The transportation of materials and supplies to or from the site of the Projector Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by r any subcontractor, shall, for the purposes of this Contract, and E without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor r" Standards Provisions are applicable. 47. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body, in addition to such other rights as may be afforded it under this Contract, shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local'Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due, or on their behalf to plans, funds or programs for any type offringe benefit prescribed in the applicable determination. 48. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or ., other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably antici- pated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decisions of the Secretary of Labor, which are a part of this Contract: Provided, I the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for meeting the obligations under the plan or program. A copy of any findings r. made by the Secretary of Labor in respect to fringe benefits - 27 - being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. •»1i.Q...—F.RINCE..BENEF..ITS ..NOT ..EXPRESSED. -AS .HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minimum rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate, and the Contractor is obligated to pay the cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination'. 50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 76 STAT. 357-360: TITLE 40 U.S.C.. -3 (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which they are employed on such work .to work in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than .one and one-half times their basic rate of pay for all hours worked in excess of 40 hours in such work week. (b) Violation: Liability for unpaid wages and liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this Section, the Contractor and any subcon- tractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) Withholding for liquidated damaqes. The Local Public Agency.or Public Body shall withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or any subcontractor such sums as may administratively be - 28 - oft determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b) of this Section. (d) Subcontracts. The Contractor shall insert 3n any r, subcontracts the clauses set forth in paragraphs (a), (b) and F (c) of this Section and also a clause requiring the subcon- tractors to include these clauses in any loner tier subcontract which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 51. EMPLOYMENT OF APPRENTICES/TRAINEES (a) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprentice- ship program registered with the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, r or if a person is employed in his first 90 days of probationary i employment as an apprentice in such an apprenticeship program who is not individually registered in the program, but who has been .• certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate who is not a r" trainee as defined in paragraph (b) of this Section, or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the r• classification of work he actually performs. The Contractor or i subcontractor will be required to furnish to the contracting officer, or a representative of the Wage -Hour Division of the U.S. Department of Labor, written evidence of the registration of r^ his program and apprentices, as well as the appropriate ratios and wage rates (expressed in percentages of the journeymen hourly rates), for the area of construction prior to using any appren- tice on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) Trainees. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior s approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower Administration, Bureau of Appren- ticeship and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at j� - 29 - a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the 'wage rate determined by — the Secretary of Labor for the classification of work he actually performs. The Contractor or subcontractor will be,required to furnish the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees and the.ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship_and.Training �- withdrows approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the appli- cable predetermined rate for the work performed until an accept- able program is approved. (c) Equal Employment Opportunity. The utilization of apprentices,.trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30'. 52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and'no person who, at the time, is serving sentence in a penal or correctional institutionshallbe employed on the work covered by this Contract. 53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" The Contractor shall comply with the applicable regulations .(tee Exhibit A, attached and herein incorpo- rated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kick- back Act" of June 139.1934 (48 Stat. 948, 62 Stat. 862, 63 Stat. 1089 72 Stat. 967; 62 Stat. 740: Title 18 U.S.C., Section 874 and Title 40 U.S.C., Section 276c)=and any amendments or modi- fications thereof, and shall causeappropriateprovisions,to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically.provide for reasonable limitations, variations, tolerances and exemptions from the requirements thereof. 54. -COMPLAINTS, PROCEEDINGS OR'TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint..or instituted or caused to be instituted any. proceeding or has testified orisabout to testify in any proceeding under or relating to the labor standards applicable to his employer under -this Contract. - 30 - 0 55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to clas- sifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the -- Contractor; in writing, to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti - Kickback Act, (b) the ,Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations r issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts or (e) the lebbr standards pro- visions of any other pertinent Federal statute, shall be re- ferred, through the Local Public Agency or Public Body and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation, which shall be suthori- tative and •mey be_relied_upon for the purposes of this Contract. 57. FINAL COMPLETION AND ACCEPTANCE �- • When the Contractor considers that the work, or a designated portion thereof which is acceptable to the Owner, is substan- tially complete as defined, the Contractor shall prepare for submission to the Architect a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all work in accordance with the Contract Documents. Within thirty-one (31) days after the Contractor has given the Architect written notice that the work has been completed or substantially completed, the Architect and the Owner's Represen- tative shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance r with the Contract Documents, the Architect will then prepare a Certificate of Substantial Completion, which shall establish the Date of Substantial Completion, and shall fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract Documents shall commence on the Date of Substantial Completion of the Work or designated r- portion thereof, unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Comple- tion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in r, C such Certificate. •' - 31 - Upon Substantial Completion -of the Work or designated portion thereof, and upon application by the Contractor and certification by the Architect, the Owner shall within ten (10) days issue a certificate of acceptance of the work to the Contractor. -� 58. 'FINAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance, and upon receipt of a final Application for Payment, the Architect will promptly; make such inspection and, when he finds the work acceptable under the Contract Documents, and the Contract fully performed, he will prepare a Final Statement of the value of all work performed and materials furnished under the terms of the Agreement and promptly issue a final Certificate for Payment, stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the work has been completed in -' accordance with the terms and conditions_of the Contract Docu- ments, and that the entire balance found due the Contractor and noted in said final Certificate, is due and payable. The Architect's final Certificate for Payment will constitute 'a further representation that the conditions precedent to the Contractor's being entitled to final payment, as set forth, have been fulfilled. Upon receipt of the Architect's Certificate of Completion, the Owner's Representative shall, if such Certificate is satis- factory, submit same to the Owner, who shall pay to the Contrac- tor on or before the 31st day after the date of the Certificate of Completion, the balance due Contractor under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of said Agreement; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance, nor the final payment, nor any provisions in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this Contract or in the specifications made a part of this Contract. 59.' CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK The Contractor shall promptly remove from the Owner's 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 the Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the Contract. The Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal.or replacement. If the Contractor does not remove and replace any such condemned - 32 - work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at f• Contractor's expense. 60. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the 'final payment nor certificate nor any provision in this Contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work result- ing therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 61. PAYMENT WITHHELD The Architect may decline to certify payment, and may withhold his. Certificate in whole or in part, to the extent reasonably necessary to protect the Owner if, in his opinion, he is unable to make representations to the Owner as provided. If the Architect is unable to make representations to the Owner as provided, and to certify payment in the amount of the Applica- tion, he will notify the Contractor. If the Contract or the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such representations to the Owner. The - Architect may also decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, or the Owner may withhold or nullify the whole or part of any Certificate of Payment, to such extent as may be necessary to protect the Owner from loss because of: 1. defective work not remedied, 2. third party claims filed or reasonable evidence indicating probable filing of such claims, 3. failure of the Contractor to make payments properly to subcontractors, or for labor, materials or equipment, 4. reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum, S. damage to the Owner or another contractor, 6. reasonable evidence that the work will not be completed within the Contract time, 7. persistent failure to carry out the work in accordance with the Contract Documents, or k'' - 33 - 8. failure to comply with contractual obligations to meet all federal requirements concerning"labor standards. 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 the above grounds. 62. DELAYED PAYMENT If within seven days after receipt of the Contractor's Application for Payment, the Architect does not issue a Certi- ficate for Payment or notify the Contractor that he is unable to 'make representations to the Owner, as provided in Section 40 herein, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents any amount certified by the Architect or awarded by arbitration, or any sum due to the Contractor which is not in dispute, then the .Owner shall pay the Contractor,'in addition to the sums shown as due by such statement or Certificate, interest thereon at the rate of zero percent per annum, unless otherwise specified, from the date due, as provided under partial payments and final payments heretofore set forth in this Contract, until such sums are fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. 63. 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 Architect has given any directions, orders or instructions to which the Contractor desires to take exception. The Owner's 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 Representat'ive,,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 the 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 otherwise in the Contract Documents. 64. ARBITRATION All questions of dispute under this Agreement shall be submitted to arhitration.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 select a third arbiter within ten (10) days, he shall be chosen by the District Judge, 72nd District of Texas. Each 34 - r 1 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 decision 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 either 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 arbiters, and it is hereby agreed that each party shall have the right of appeal, and all proceedings r shall be according to and governed by the Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION r SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON- DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are autho- rized to award the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters 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 writing and shall not be open to objection on account of the form of proceedings or award. 65. 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's Representative or Architect, or if the Contractor fails to comply with the orders of the Architect, when such orders are consistent with this Contract, 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 P' 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 r• shall be allowed as provided for under Section 25 of this t 35 Contract); it being understood that the use W 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 ,00) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,'machinery, equipment, tools, mate- rials 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. Incase such expense is less than the sum which would have been payable under this Contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum would have been payable under this Contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the county where the work is located, 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 Section 57 hereinabove set forth, shall be issued. A complete itemized statement of the Contract accounts, certified by the Owner's Representative as being correct, shall then be prepared and delivered to the 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 sixty days after the date of certificate of completion. - 36 - 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; PM 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 l such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with r' or without notice, as the Owner may elect. The Owner shall release to the proper owners any machinery, equipment, tools, materials or supplies which remain on the job site and belong to persons other than the Contractor of his Surety. 66. 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 equip- ment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Architect shall make an estimate of the total amount earned by the Contractor, which estimate shall t include the value of all work actually completed by said Con- tractor at the prices stated in 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 Contractor to carry the whole work to completion, and which cannot be utilized. The Architect 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 l sums that may be retained by the Owner under the terms of this - 37 - Agreement, and shall certify same to the Owner's Representative. If the Owner's Representative finds the statement to be satis- factory, he shall submit it 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 s-aid final statement as due the Contractor under the terms of this Agree- ment. 67. 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 circum- stances,and the prosecution of the same, or from unusual obstruc- tions 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. 68. INDEPENDENT CONTRACTOR Contractor -is, and shall remain, an independent contractor, with full, complete and exclusive power and authority to direct, supervise and control his own employees and to determine the method for performance 'of the work covered by this Contract. The fact that the Owner's Representative or Architect shall have the right to observe Contractor's work during its performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner, Owner's Representative or Architect hereunder, is not intended to and shall not at any time change or affect the status of the Ccptractor'as an independent contractor with respect to the Owner, Owner's Representative, Architect or the Contractor's own employees, or to any other person, firm or corporation. 69. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding and surplus materials, and shall leave the work broom clean or its equivalent. The work shall be left in good order and condition. In case of dispute, the Owner may remove the debris and charge the cost to the Contractor. 70. CONTRACTOR'S RIGHT TO TERMINATE The Contractor shall have the right to terminate the Contract at any time when circumstances beyond the Contractor's control occur, thru no fault of the Contractor, which prohibit the completion of the Agreement as contemplated by the parties at the time of execution. Should the Contractor choose to terminate this Agreement, he shall accrue no rights to full payment hereunder and shall receive only a prorate payment for work actually performed, the amount of such payment to be assessed by - 38 - I' the Owner. Should the Contractor choose not to terminate, even though cause exists under this provision, liquidated damages as �- set forth herein shall in no way be affected. 71. RIGHT OF THE OWNER TO TERMINATE CONTRACT In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of the Owner's intention to terminate the Contract, such notices to contain the reasons for such intention, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract: Provided, however, that if the Surety does not commence performance thereof within then (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work such materials, appliance and plant as may be on the site of the work and necessary therefor. 72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor. A breach of Section 45 and the Federal Labor Standards �•- Provisions may be grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6. 73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 74. OTHER PROHIBITED INTERESTS r, No official of the Owner who is authorized in such capacity I. and on behalf of the Owner to negotiate, make, accept or approve, - 39 - or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project shall become directly or in- directly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector o'f or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, execu- tive,.supervisory or other similar functions in connection with .the construction of the project shall become directly or indi- rectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project. 75. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Sublect to Executive Order 11246, as Amended. (Applicable to Federally assisted.construction con- tracts and related subcontracts under $10,000) During the performance of this -Contract, the Contractor agrees as follows: (1) The Contractor 'shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employ- ment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensa- tion; and selection .for training, including apprenticeship. (2) The Contractor shall,post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state..that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) -The Contractor shall incorporate the foregoing requirements inallsubcontracts. B. Contracts Subject to Executive Order 11246, as Amended. (Applicable to Federally assisted construction contracts and related subcontracts exceeding $10,000) 40 - .. During the performance of this Contract, the Contractor agrees as follows: !• (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take ^, affirmative action to ensure that applicants for employment are employed, and that 'employees are treated during employ- ment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the f provisions of this nondiscrimination clause. . (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representative of the Contractor's commitment under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascer- tain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of r 4 - 41 - r September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by laws. (7) The Contractor will include the portion of the sentence immediately preceding paragraph B(1) of .this _.Section, and the provisions of paragraphs (1) through (7) which follow, in every subcontract or purchase order unless exempted by'rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as the Department may direct as a means of _enforcing such provisions, including sanctions for noncom- pliance: Provided, however, that.in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter such litigation to protect the interest of the _ United States. C, "Section 3" Compliance in the Provision of.Training, Employment and Business Opportunities: (Applicable to Federally assisted construction con- tracts and related subcontracts exceeding $10,000) During the performance..of this Contract, the Contractor agrees as follows (1) The Contractor agrees to comply with the requirements of Section 3 of,the Housing and Urban Development Act of 1968 (12 USC 170(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any.applicable rules and orders of HUD issued thereunder. (2) The "Section 3" set forth in 24 CFR 135.20(b) shall form part of this Contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents." (3) Contractors shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all subcontracts. Section 3 Clause as set forth in 24 CFR 135.20(b) A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to .the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the 42 - r greatest extent feasible opportunities for training and employment be given lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area r of the project. _ B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued t pursuant thereto by the Secretary of Housing and Urban t Development and set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder, prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient PM of Federal financial assistance, take appropriate action pursuant to a subcontract upon a finding that a Subcontrac- tor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20 (b). The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of regulations *(b), under 24 CFR 135.20 and will not let any subcontract unless the subcontractor has first provided said Contractor with a preliminary statement of ability to comply with the (� ( requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20(b), and all appli- cable rules and orders of the Department issued thereunder ` prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its i contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, r 1 and to such sanctions as are specified by 24 CFR 135.20(b). r - 43 - E 76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted. construction contracts and — related subcontracts exceeding $100,000) Compliance with Air and Water Acts During the performance of this Contract, the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., and the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all non- exempt contractors and subcontractors shall furnish to the Owner the following: (1) A stipulation by the Contractor or subcon- tractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) — pursuant to 40 CFR 15.20. (2) An agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there- under. (3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contracts, is under consideration to be listed on the EPA List of Violating Facilities. (4) An agreement by the Contractor'that he will include, or cause to be included, the criteria and requirements in paragraphs (1) through (4) of this Section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. - 44 - r" 77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND ACCIDENT PREVENTION A. Lead -Based Paint Hazards r■ (Applicable to contracts and related subcontracts for construction or rehabilitation of residential structures exceeding $100,000) r The construction or rehabilitation of residential structures is subject to the HUD Lead -Based Paint regula- tions, 24 CFR Part 35. The Contractor and subcontractors shall comply with the provisions for the elimination of lead -based paint hazards under sub -part B of said regula- tions. The Owner will be responsible for the inspections r and certifications required under Section 35.14(f) thereof. B. Use of Explosives The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and Federal laws in purchasing and handling explosives. The Contractor shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The Contractor shall notify all owners of public f` utility property of his intention to use explosives at least eight hours before blasting is done close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of 1 the Contractor or his Surety for damages that may be caused by such use. C. Danger Signals and Safety Devices The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the Contractor. Such action by the Owner does not relieve the Contractor of any liabi- lity incurred under these specifications or Contract. r �" - 45 - 78. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504 The Contractor shall not discriminate against any otherwise qualified handicapped employee or applicant for employment solely by reason of his handicap. The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as amended (129 U.S.C.A. §794). - 46 - 7 EXHIBITS A. COPELAND ANTI -KICKBACK REGULATIONS - B. CURRENT WAGE DETERMINATIONS (THIS PAGE LEFT BLANK INTENTIONALLY) r EXHIBIT A ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS .- 40-CALLED "ANTI-KICKFACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR r TITLE 189 U.S.C., Section 874 i (Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 946, 40 U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES. Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 8629 63 Stat. 108, 72 Stat. 9679 40 U.S.C., Sec. 276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply' to such statements. --- xxx--- Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 299 Subtitle A, Code of Federal Regulations, Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are a follows: TITLE 29 - LABOR Subtitle A - Office of the Secretary of Labor PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES r I Section 3.1 Purpose and scope. This part prescribes "anti -kickback" regulations under Section 2 of the Act of.June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage 'standards and which is.for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in,the enforcement of the minimum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally -assisted construction that `contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan'No. 14 (e.g:, the College Housing Act of 1950, the federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions. As.used in the regulations in this part: -(a) The terms "building" or "work" generally includes construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves., ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging,'shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials,articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the mate- rials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. (b) The terms "conditions", "prosecution", "completion", or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, alter- ing, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the i employees of the construction contractor or construction sub- contractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (c) The terms "public building" or "public work" include _ building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting ^ party, regardless of whether title thereof is in a federal agency. ,. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or r' t insurance. 9 (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" or receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. r• (f) The term "any affiliated person" includes _a spouse, child, parent, or other close relative of the contractor or subcontractor, a partner or officer of the contractor or sub- ,. contractor, a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. Section 3.3, Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. 7 (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee'of the contractor or subcontractor who supervises the payment of wages, and shall be on form WH 348 "Statement of Compliance", or on an identical form on the back of WH 347, "Payroll (For Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing Office. (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. (29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 196' Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Each weekly statement required under Section 3.3 shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or state agency contracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of 'Labor. (b) Each contractor or subcontractor shall,preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of.hours worked, deductions made,'and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representatives of the Department of Labor. i f Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may bemadewithout application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists. (d) Any deductions constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sick- ness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcon- tractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily autho- rized by the employee. (f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit, unions orga- nized and operated in accordance with Federal and State credit -- union statutes. (g) Any deduction.voluntarily authorized by the employee _ for the making of contributions to governmental or quasi - governmental agencies, such"as the American Red Cross. (h), Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j) Any'deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under Section 516.27(a) of this title shall be kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for Permission to make any deduction not permitted under Section 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subcontractor', or `any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise; (b) The deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, -or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of.,its employees; and (d) The deduction serves the convenience and interest of the employee. 6 a Section 3.7 Applications for the approval of the Secretary of ' Labor. Any application for the making of payroll deductions under a Section 3.6 shall comply with the requirements prescribed in the following paragraphs of this section: m (a) The application shall be in writing and shall be addressed to the Secretary of Labor. _ (b) The application shall identifythe contract or con- tracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances. r- (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of Section 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications.. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Section 3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere for by this part and which are not found to be permissible under Section 3.6 are prohibited. Section 3.10 Methods of payment of wages. ` The payment of wages shall be by cash, negotiable instru- ments payable on demand, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of contract. All contracts made with respect to the construction, prosecution, completion, or repair of any public building or I. public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see Section 5.5 (a) of this sub- title. EXHIBIT B WAGE DETERMINATIONS (Obtain from Community Development Office) Subject to Change 10 Days Prior to Bid Opening FPae ajli Labor Standards Provisions U.S. Department of Mousing / _ and Urban Development Applicability The Project or Program to which the construction work covered by this contract pertains is bung assisted by the United States of America ana the following Fecerdl Labor Standards Provisions are incluaed in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or work- ing upon the site of the work (of under the United States Mousing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, ono without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 31. the full amount of wages and bona tide fringe benefits (or Cash equivalents lrweoq due at tune of payment Computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a pan hereof, regardless of any contractural relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions mace or costs reasonably anticipated for bona fide fringe benefits under Section 1(b92) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics. subject to the provisions of 29 CFR-5.5(aXIKivy also, regular contributions mace or costs incurred for more than a weekly period (but not less often than Quarterly) under plans, funds, or programs. which cover Me particular weekly period, are seemed to be constructively made or incurred during such weekly period. Such laborers and mechanics snail be paid the appropriate wage rate and fringe oenetim on the wage determination for the classification of work actually pertormM.wrtnout regard to skill, except as proviaed in 29 CFR Pan 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classiticl- bon for tite time actually worked tnerein: Provided. That the employer's pay- roll records accurately set tomh the time spent in each Classification in which work is pertormea. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(IlHii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the con- tractor and its subcontractors at the site of the work in a prominent and accessiole place where it can be easily seen by the workers. (U) (a) Any Class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract sha11 be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits f lieretore only when the following criteria have been met tk (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction Industry, and (3) The proposed wage rate. including any bona fide fringe bene- 6t1, bears a reasonable relationship to the wage rates contained in the wage determination. 1% (b) If the contractor and the taocrers anb mechanics to be employed in the classification (it known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken snail be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration. U.S. Department of labor. Washington, D.C. 20210. The Administrator, or an authonzea representative. will approve, modify, or disapprove every additional classifi- cation action witnin 30 days of receipt and so advise HUD or its designee or wig nobty HUD or its designee within the 30-day period that additional bme is necessary. (Approved by the Office of Management and Budget under OMB contra number 1215.0140.) (c) in the event the contractor, the laborers or mechanics to be employed in the Classification or their representatives. and HUD or its designee do not agree on the proposed classification and wage rate (inciudinq the amount designated for fringe benefits. wnpre appropriate). •Amend by Revision and adding, see page 3 HUD or its designee shall refer the questions. including the views of all^ interested parties and the recommendation of MUD or its designee, to M Administrator for determination. The Administrator, or an authorized repfe sentative, will issue a determination within 30 days of receipt and so advt! HUD or Its designee or will notify HUD or its designee within the 30-dal period that additional time is necessary. (Approved by the Office of Mar agement and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe bene►ro where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, sf7_ be paid to all workers performing work in the classification under this C tract from the first day on which work is performed in the classification. (iq Whenever the minimum wage rate prescribed in the contract for, class of laborers or mechanics includes a hinge benefit which is not expressed as an hoary rate. the contractor I h2d either pay the benefit i stated in the wage determination or shalt pay another bona fide fringe benefit or an hourly cash equivalent thereof. (av) It the contractor does not make payments to a trustee or Other person, the contractor may consider as part of the wages of any (abore mechanic the amount of any costs reasonably anticipated in providing bona tide fringe benefits under a plan or prograrm Provided. That the Secretary of Labor has found, upon the written request of the eontracto"'- that the applicable standards of the Davis -Bacon Act have been met TI Secretary of Labor may require the contractor to set asiee in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Contrr— Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upo.. written request of an authorized representative of the Department of Labs withhold or cause to be withheld from the contractor under this contrac~ any other Federal contract with the same prime contractor, or -any otnef Federatly-assisted contract subject to Davis -Bacon prevailing wage requirement& which 13 held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pal -- laborers and mechanics, including apprentices, trainees and helpers. employed by the contractor or any subcontractor the full amount of was required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or wor>u On the site of the work for under the United States Housing Act of 1937 under the Housing Act of 1949 in the construction or development of th project), all or part of the wages required by the contract MUD or its tlesli nee may, after written notice to the contractor, sponsor, applicant, or ova lake such action as may be necessary to cause the suspension of any further payment advance. or guarantee of funds until such violations Ki ceased. HUD or its designee may, after written notice to the contractor, a burse sucn amounts withheld for and on account of the contractor or sal contractor to the respective employees to whom they are due. The Cor troller General shall make such disbursements In the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during Me course of the M preserved lot a period of three years thereafter for all laborers and mechanics workinq at the site of the work (or under the Uniteo States Housing Act of 1937. or under the Housing Act of 1949, in ine construcuc Or development of the project). Such records "if contain the name. address, and social security number of each such worker, his or her Co rect classification, hourly rates of wages paid (including rues of contribu Lions or costs anticipaled for bona fide fringe benefits or Grin equivalent thereof of the types described in Section l(bK2KB) of the Davis-ta con i' daily and weekly number of hours worked, deductions mace and aetua wages Palo. Whenever the Secretary of Labor has found under 29 CFR OK 1 Kiv► that the wages of any laborer or mechanic include the amount a any costs reasonably anticipated in providing benefits under a Dian or It - gram describei.f in Section 1lbK2)(B) of the Davis -Bacon Act the contrat snail maintain records which snow trial the commitment to provide such HUD-4010 12 Previous Edition is Obsolete IHII 1344 benefits is enforceable. that the plan Or program is financially responsible. ...,apprentice The allowable ratio of apprentices to journey,,,en on ►nr. ►... and that brie plan or proqram has been Communicated in writing'to the many Craft classification snail not be greater than fe�aiin periTihed tole rabO(ers Or mechanics anecled,.and records which show the costs antics- Contractor as to the entire work force under the (egis-.rey Oror;ram- Any r patcd or the actual Cost incurred in providing such benefits. Contractors emolOyIng o0orentices or trainees under approved programs Shall maintain '` ^ worker listed on a payroll at an apprentice wage rate. who is r.at registct Or otherwise employed as stated above, shall be paid not less than the yl written evidence of the registration of apprenticeship programs and cert,fi- applicable wage rate on the wage determination for me classrncalton of Cation of trainee programs. the registration of the apprentices and trainees, work actually Performed. In addition. any apprentice performing work on and brie ratios and wage rates prescribed in the aoolicable programs. the lob site in excess of the ratio vermned under the registered program - tAVOroved by the Office of Management and Budget untler OMB Control � snail be paid not less than the applicable wage rate On the wage determ C Numbers 1215-0140 and 1215.0017.) nation for the work actually performed. Where a contractor. is pertormine Pi) (a) The Contractor shall submit weekly for each week in which any Construction on a protect in a locality Other than that in which Its Prograr Contract work is performed a Copy of all payrolls to HUD or its designee if registered, the ratios and wage rates (expressed in percentages of the It: r the agency is a party to the contract but itthe agency is not such a party, neyman's hourly rate) specified in the contractor's or subcontractor's rer f th e contractor will submit the payrolls t0 the applicant sponsor, or owner, fered program shall be observed. Every apprenetice must be paid at not as me Case may be. for transmission to HUD or its designee. The payrolls less than the rate specified in the registered program for the apprentice', Submitted shalt set out accurately and completely all of the information level of progress, expressed as a percentage of the journeymen hourly'r r re0vired to be maintained under 29 CFR Part 5.5(a)(3)(i). This information specified in the applicable wage determination. Apprentices shall be pai may oe Submitted in any form desired. Optional Form WH-347 is available fringe benefits in accordance with the provisions of the apprenticeship for this purpose and may be purchased from the Superintendent of Docu. program. It the apprenticeship program does not specify tnnge benefits, alerts (Federal Stock Number 029-005-00014-1), U.S. Government Punting apprentices must be paid the lull amount of hinge benefits listed on the �^ office, Washington, DC. 2a402. The prime contractor is responsible for the wage determination for the applicable classiticabort ff the Administrator II submission bmission of copies of payrolls by all subcontractors. (Approved by the determines that a different practice prevails for the applicable sPorentici Office of Management and Budget under OMB Control Number classification, fringes shall be paid in accordance with that deterrtimabo 1215.0149) the event the Bureau of Apprenticeship and Training, or a State Appren• P (b) Each payroll submmed shall be accompanied by a -Statement of ticeship Agency recognized by the Bureau. withdraws approval of an Compliance." signed bye the Contractor or subcontractor or MS or her agent apprenticesnic program. the contractor will no longer be permitted to Ut who pays or supervises the payment of the persons employed under the apprentices at less inan the applicable predetermined rate for me work Contract and shall Certify the following: performed until an acceptable program is approved. (1) That the payroll for the payroll period contains the information ((i) Trainees. Except as provided in 29 CFR 5.16. trainees will not b� required to be maintained under 29 CFR Pan 5.5 (al(3)(i) and that such permitted to work at less Inan me predetermined rate for the work per. information is Correct and complete: formed unless they are empioyed Pursuant to and individually registere, (2) That each laborer or mechanic iincluding each helper, a program wnicn has received prior approval. evidenced by formal Cen; I.. apprentice, and trainee) employed on the contract during the payroll period cation by the U.S. Department of Labor. Employment and Training Admi has been paid the full weekly wages earned, without reoate. either tlirectly stration. The ratio of trainees to journeymen on the lob site snail not be or indirectly, and that no deductions have been made either tlirectly Or indi- greater than permitted under line clan approved by me Employment arK rectly from the full wages earned, Omer than permissabfe deductions as set Training Administration. Every trainee must be paid at not less than the �.. forth in 29 CFR Part 3: specified in the approved program For the trainees level of orogress. (3) That each taborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate speciheo in tr r apoticante wage rates and fringe benefits or Cash equivalents for the clas- applicable wage determination Trainees snail be paid fringe benefits to sication of work performed, as specified in the applicable wage delermina- accordance with me provisions of Ire trainee program. It the trainee of( lion incorporated into the contract (c) The weekly submission of a properly executed certification set gram does not mention fringe benefits. trainees snail be paid the full amount of fringe benefits listed on me wage determination unless brie forth on me reverse side of Optional Form WH-347 snail satisfy the Administrator of the Wage and Hour Division determines that mere is a requirement for submission of the -Statement of Compliance- required by apprenticeship program associated with the Corresponding lourneyma r paragraph A.3.(ii)(b) of this section. wage rate on the wage determination which provides for less than full (d) The falsification of any of the above certifications may sublecr ie -lunge benefits for apprentices. Any employee listed on me payroll at a Contractor or subcontractor to Civil or Criminal prosecution under Section trainee rate who is not registered and participating in a training plan 1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by the Employment and Training Administration shall be Pau .s.- (iiJ The Contractor or subcontractor shall make the records required less than the applicable wage rate on tl)e wage determination for the • �+ I under paragraph A.3.0) of this secton available for inspection. Copying, or actually performed. In addition, any trainee performing work on the job Il transcription by authorized representatives Of HUD or its designee or the in excess of the ratio permitted under the registered program shall be 1 Gepanment of labor, and shall permit such representatives to interview not less man the applicable wage rate on the wage determination for IF employees during working hours on the job. It the Contractor or subcon• work actually performed. In the event brie Employment and Training Ad baCIOr fails to submit the required records or to make them available. HUD istration withdraws approval of a training program, the contractor will r or its designee may, after written notice to the contractor, sponsor, apply. longer be Permitted to utilize trainees at less man the applicable Prede Cant or owner, take such action as may N necessary to cause the sus- mined rate for the work performed until an acceptable program is pension of any further payment advance. or guarantee of funds. Further. approved. more, failure to submit the required records upon request or to make such (iii) Equal employment coporiundy, The utilization of apprentice& records available may be grounds for debarment action pursuant to 29 trainees and journeymen under mis part Shan be in Conformity with mt CFR Pan 5.12. equal employment opportunity requirements of Executive Order 1124E 4. (i) Apprentices and Trainees. Apprentices. Apprentices will be per. amended. and 29 CFR Pan 30 mined to work at less than the predetermined rate for the work they per. 4t 5. Compliance with Copeland Act requirements. The Contractor SM formed when mey are employed pursuant to and individually registered in a Comply with the requirements of 29 CFR P.lrt 3 which are incorporate, bona We apprenticeship program registered with the US Department Of reference in this contract Labor. Employment and Training Administration. Bureau of Apprenticesnip 6. Subcontracts. The Contractor or subCOntractor will insen in any s ///... p, and Training, or with a State Apprentrtesnie Agency recognized by the contracts the clauses contained in 29 CFR 5 51IXII mrough j10) and s Ik Bureau. or if a person is employed in his or her First 90 drys OI probationary Other Clauses as HUD Or its designee may by 300FOON'lle instructions i employment as an apprentice in such an apprenticeship program, who is require. and also a clause reOviiinq me subcontr clors 10 include met not individually regttered in the program, but who has been certified by the Clauses in any lower tier subcontracts The prime contractor snail be I Bureau of Apprenticeship and Training Or a State Apprenticesnip Agency responsible for the Compliance by any Subcontractor or lower tier sut l (where appropriate) to be eligible for probationary employment as an tractor will) all the Contract Clauses in 29 CFR Pan 5 5. "'Amend by Adding, gee page 3 r NUO-It0101: C Page 2 of 3 Pages benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the Classification of work actually performed. In addition, any trainee performing work on the lob site in ex. Cess of the ratio permitted under the registered program snail be paid not less than the applicable wage rate on the wage deter- mination for the work actually performed. In the event the Employment and Training Administration withdraws approval Of a training program, -the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work penormed until an acceptable program is approved. • fill) Equal employment opportunity. The utilization Of so - Prentice$, trainees and journeymen under this part shall be in Conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. « S. Compliance with Copeland Act requirements. The Contractor shalt comply with the requirements of 29 CFR Part 3 which are intorporated by reference in this contract- 6. Subcontracts. The contractor or subcontractor will Insert In any subcontracts the clauses contained in 29 CFR 5.5(aVi) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the Compliance by any subcontractor Or lower tier subcontractor with ail the contract clauses in 29 CFR Part 5 5. T. Contract termination; debarment. A breach of the contract Clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a Contractor and a Subcontractor as provided in 29 CFR 5.12. 6. Compliance wilh0svi"scon end Related Act Requirements. All tulinos and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Pans t, 3, and 5 are herein incor- porated by reference in this contract. I. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be sub - Jett t0 the general disputes Clause of this contract. Such disputes snail be resolved in accordance with the procedures of trio Department of Labor set forth in 29 CFR Pans 5, 6, and 7. Disputes within the meaning of this clause include disputes be- tween trio contractor (or any of its subcontractors) and HUD or Its Cesignee. the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certllicatlon of Eligibility. By entering Into this contract, the contractor certifies that neither it (nor he or she) nor any per- son or firm who has an interest in the contractor's firm is a per. son or film ineligible to be awarded Government contracts by vir- tue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Part 24. (11) No part of this contract shalt be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) Or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. i (III) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. S. Contract Work Hours and Safety Standards Act. AS used in this Paraprapn, the terms "laborers" and "mechanics" include watchmen and guards. B.t. Overtime requiroments. No contractor or subcontractor Con• iracting for any pan of the contract work which may require or in- volve the employment of laborers or mechanics Shall require or per• mit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in Such workweek unless such laborer or mechanic receives compen- sation at a rate not less than one and one -Mail times the basin rate. of pay for all hours worked in excess of forty hours in Such workweek. 2. Violation; liability for unpaid wages; liquidated damages. in the_ event of any violation of the clause set lonh in subparagraph 1 of. this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such con- tractor and subcontractor small be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in sub- paragraph 1 of this section, in the sum of $10 for each calendar.day- on which such Individual was required or permitted to work in ex. Cess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 3. Withholding for unpaid wages and liquidated damages. HUD O� Its designee shall upon its Own action Or upon written request Of at authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such con. .- tract Or any other Federal contract with the same prime Contractor. or any other FederallyaSSisted Contract Subject to the Contract Work Hours and Safety Standards Act, which Is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for un.— paid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 4. Subcontracts. The contractor or subcontractor snail insen In any subcontracts the clauses set forth In paragraph 1 througn 4 of_ this section and also a clause requiring the subcontractors to in- clude these clauses in any lower tier subcontracts. The prime con- tractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the Clauses set forth in paragraphs 1 through 4 of this section. Anicle 2 — Equal Employment Opportunity The applicant hereby agrees that It will incorporate or cause to be� Incorporated into any contract for construction work, or modifica. tion thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60. which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the -- Credit of the Federal Government pursuant to a grant, contract, to Insurance, or guarantee, or undertaken pursuant to any Federal pi gram involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this Contract, the Contractor agrees follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensue` that applicants are employed, and that employees are treated dur employment without regard to their race, color, religion, set Or n_ tional origin. Sucn action snail include, out not be limited to the following: Employment, upgraoinq, demotion, or transfer; recruit._ ment or recruitment advertising; layoff or termination: rates of pi or other forms of compensation: and se►ection for training inclut apprenticeship. The Contractor agrees to post In conspicuous Places available t0 employees and applicants for employment notices to be provided setting lonh the provisions of this non. •— discrimination clause. R. The Contractor will, in all solicitations or advertisements fa. employees placed by or on behalf of the Contractor state trial all *Amend by Adding, see Page 4 Page 3 of 4 Pages 7 r qualified applicants will receive consideration for employment without regard to rCce, color, religion, sex, or national origin. C. The Contractor will send to each labor union or represen. tative of workers with which It has a collective bargaining agree- ment or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's commitments hereunder, and shall,post copies of the notice in conspicuous places available to employees and ap- plicants for employment. D. The Contractor will comply with all provisions of Executive Order 11246 of September 24. 1965 and o1 the rules, regulations, and relevant orders of the Secretary of Labor. E The Contractor will furnish all Information and reports re- quired by Executive Order 11246 of September 24. 1965, and by rules, regulations, and orders of the Secretary of Labor, or pur- suant thereto, and will permit access to its books, records. and accounts by the Secretary of Labor for purposes of Investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended In whole or in part and the Contractor may be declared Ineligible for further government contracts or federally assisted construction contracts in accordance with pro- cedures authorized in Executive Order 11246 of September 24. 1965. and such other sanctions may be imposed and remedies Invoked as provided in Executive Order 11246 Of September 24. 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. G. The Contractor will Include the portion of the sentence Im- mediately preceding paragraph A and the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders 01 the Secretary of Labor Issued pursuant to Section 204 of Executive Order 11246 of September 24. 1965. so that such provisions will be binding upon each subcontractor Or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such pro• visions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved In. or is tnreatened with, litigation with a subcontractor or vendor as a result of such direction by the Secretary of Housing and Urban Development or the Secretary of Labor, the Contractor may re- quest file United States to enter Into such litigation to protect Iris Interests Of the United States. K The applicant further agrees that It will be bound by the above equal opportunity clause with respect to Its Own employ- ment practices when it participates in federaly assisted Con- *amended by rwision and sddings (2/92) struction work: Provided, that If the applicant so participating is Stale or local government, the above equal opportunity clause it not applicable to any agency. Instrumentality or subdivision of s government which does not participate in work on or under the. contract. I. The applicant agrees that It will assist and cooperate acttvet with the administering agency and the Secretary of Labor in 6bt Ing the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administ ing agency and the Secretary of Labor such information as they may require for'the supervision of such compliance, and that.it otherwise assist the administering agency in the discharge of'tt agency's primary responsibility for securing compliance. J. The applicant further agrees that it will refrain from enterini to any contract or contract modification subject to Executive Or 11246 of September 24. 1965. with a contractor debarred from. o who has not demonstrated eligibility for. Government contracts federally assisted construction contracts pursuant to the Execu- order and wilt carry out such sanctions and penalties for violatit of the equal opportunity clause as maybe imposed upon contra ton and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Exeeutl% order. In addition, the applicant agrees trial if it fads or refuses comply with these undertakings, the admiinisterinq agency may any or all of the following actions: Cancel, terminate, or suspen whole or in part this grant (contract, loan, insurance, guarantee) refrain from extending any further assistance to the applicant u the program with respect to wnicn the failure or refund cceufre until satisfactory assurance of future compliance has Deem fete from such applicant: and refer the case to the Department of Justice for appropriate legal proceeoings. Article 3 — Equal Ovoonunity for Businesses and Lower Income P sons Located Within the Project Area A. The work to be performed under this contract Is on a proje assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Develop ment and is subject to the requirements of Section 3 of the Ho ing and Urban Development Act of 1.069, as amended. 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible of tunities for training and employment be given lower Income residents of the unit of local government or the metropolitan a: (or nonmetropolitan county) as determined by the Secretary of Housing and Urban Development in which the project is ioeate and contracts for work In connection with the project be aware business concerns which are located in. or owned In substantl part by persons residing In the same metropolitan area (or nonmetropolitan county) as the project. (1) Lxeept with respect Fo helpers as defined in 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not perto=ed by a classification in the wage deterrianationt and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (4)(iv) Helpers. Helpers will be permitted to work on a project if the helper classification is specified on an applicable wage determination or is approved pursuant to the eontormance procedure set forth in The allowable ratio of helpers to journeymen employed by the contractor or subcontractor on the job site shall not be greater than two helpers for every three journeymen (in other words, not more than 40 percent of the total number of journeymen and helpers in each contractor's or in each subcontractor'a own work employed on the Job s►tei. Any worker listed on a payroll at a helper waqe rate, who is; not a helper as detineo in 29 CFR 5.2(n)(4), shall be paid not less than the applicable wage rate on the waqe aetcraination for the classification of work actually performed. In addition, any helper pertorminq work on the Job site in excess of trio ratio permitted shall be paid not leas than the applicable iourheyman's (or laborer's, where appropriate) wage rate on the wage determination for the work actually performed. Page 4 of 4 Pages MrIT7rlp. . IO'rll l ♦ tit TO AIL EMP10YEES ■ Worwn n ! r rail o �e�. o 0 . g y Financed CoProjects You must be paid not less than the wage rate ` in the schedule posted with this Notice for the kind of work you 'perform. PROP PAY YB Publication 1321 You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the Contracting Officer listed below: or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices In several hundred communities throughout the country. They are listed In the U.S. Government section of most telephone directories under. U.S. Department of Labor Employment Standards Administration I U.S. Department of labor Employment Standards AdminisMon General Decision Number TX910028//3? ° ((( Superseded General Decision No. 1X90002 State: TEXAS Construction Type: Highway County(ies): ECTOR MIDLAND RANDALL LUBBOCK POTTER TAYLOR TOM GREEN HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number 1 Publication Date 12/13/1991 TX910028 - 1 r 7 i COUNTY(ies): ECTOR MIDLAND RANDALL TOM GREEN LUBBOCK POTTER TAYLOR Craft Group Name: Craft/Rate Text Block: SUTX2037A 1 11/13/1991 Basic Fringe Hourly Benefits Rate ASPHALT HEATER OPERATOR $7.467 _ ASPHALT RAKER 7.267 ASPHALT SHOVELER 6.400 BATCHING PLANT WEIGHER 9.799 CARPENTER 8.153 CARPENTER HELPER 6.881 CONCRETE FINISHER -PAVING 7.496 CONCRETE FINISHER HELPER PAVING 6.500 CONCRETE FINISHER STRUCTURES 8.148 CONCRETE FINISHER HELPER STRUCTURES 6.987 ELECTRICIAN 10.000 ELECTRICIAN HELPER 9.500 FLAGGER 5.500 - FORM BUILDER -STRUCTURES 8.021 FORM BUILDER HELPER STRUCTURES 7.000 FORM SETTER - PAVING & CURB 8.300 FORM SETTER HELPER -PAVING & CURB 6.307 �^ TX910028 - 2 _ FORM SETTER -STRUCTURES FORM SETTER HELPER STRUCTURES LABORER -COMMON LABORER UTILITY MECHANIC MECHANIC HELPER OILER SERVICER PIPE LAYER PIPE LAYER HELPER ASPHALT DISTRIBUTOR OPERATOR ASPHALT PAVING MACHINE BROOD; OR SWEEPER OPERATOR BULLDOZER CONCRETE PAVING CURING MACHINE CONCRETE PAVING FINISHING MACHINE CONCRETE PAVING JOINT SEALER CONCRETE PAVING SAW CONCRETE PAVING SPREADER RFTmrnRCTNr. STEEL MACHINE SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER CRUSHER OR SCREENING PLANT OPERATOR FOUNDATION DRILL OPERATOR CRAWLER MOUNTED TX910028 - 3 7.839 6.479 6.018 7.102 10.282 8.000 8.233 7.823 7.000 6.250 7.972 8.187 6.411 7.963 9.100 8.075 7.750 10.063 9.100 6.500 9.000 8.574 10.043 7.500 9.000 FOUNDATION DRILL OPERATOR TRUCK MOUNTED FOUNDATION DRILL OPERATOR HELPER FRONT END LOADER - 2 1/2 C.Y. & LESS FRONT E14D LOADER - OVER 2 1/2 C.Y. HOIST - DOUBLE DRUM MOTOR GRADER OPERATOR FINE GR&DE MOTOR GRADER PAVEMENT MARKING MACHINE PLANER OPERATOR ROLLER,, STEEL WHEEL PLANT MIX. PAVEMENTS ROLLER, STEEL WHEEL OTHER, FLATWHEEL OR TAMPING ROLLER, PNEUMATIC SELF-PROPELLED SCRAPER-1 C.Y. & LESS SCRAPER -OVER 17 C.Y. SIDE BOOM TRACTOR -CRAWLER TYPE 150 HP Al..'D LESS TRACTOR -CRAWLER TYPE OVER 150 HP TRACTOR - PNEUMATIC REINFORCING STEEL SETTER PAVING REINFORCING STEEL SETTER STRUCTURES REINFORCING STEEL SETTER HELPER TX910028 - 4 10.750 7.050 7.458 7.669 8.100 10.343 9.835 9.150 10.455 . 6.828 6.474 6.455 7.546 7.655 6.350: 7.290 10.750 7.422 7.926 9.086 7.772 7 STEEL WORKER - STRUCTURAL 9.000 STEEL WORKER HELPER STRUCTURAL 6.250 == SPREADER BOX OPERATOR 7.332 BARP.ICADE SERVICER WORK ZONE 6.500 TRUCK DRIVER -SINGLE AXLE LIGHT 6.592 TRUCK DRIVER -SINGLE AXLE HEAVY 6.791 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 7.130 TRUCK DRIVER-LOWBOY/FLOAT 8.866 TRUCK DRIVER -TRANSIT MIX 6.891 r• WELDER 11.827 WELDER HELPER 6.290 € Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only �- as provided in the labor standards contract clauses (29 CFR 5.5(a) 1(ii)). END OF GENERAL DECISION k TX910028 - 5 (THIS PAGE LEFT BLANK INTENTIONALLY) SPECIFICATIONS (THIS PAGE LEFT BLANK INTENTIONALLY) MATERIALS OF CONSTRUCTION 1. GENERAL The following paragraphs give the specifications on the various materials which are to be used in this project. On minor items a certificate from the manufacturer may be required, certifying that the material or equipment meets the specifications for such material as specified herein. All materials shall be subject to the approval of the Engineer before being used. 2. CONCRETE A. Cement i Cement shall conform to "Standard Specifications and Test for Portland Cement," A.S.T.M. Serial Designation C150, Type I and Type III, and shall be an approved brand. r- B. Aggregate Description Concrete aggregates shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to "Standard Specification for �- Concrete Aggregate," A.S.T.M. C-33-39 and Item No. 360 of the Texas State Highway Specifications. Coarse aggregate for Class "C" Concrete Street Paving shall be crushed limestone (Brownwood Type). The aggregate shall be well graded from coarse to fine and shall be free from injurious amount of clay, soft or flaky materials, loam or organic impurities. All aggregate shall be approved by the r" Engineer before use. Maximum size of aggregate shall be 1- 1/2 inches. Aggregate for concrete construction proposed to be used in this project shall have a loss not to exceed �. 18% when subjected to 5 cycles of the Magnesium Sulfate soundness test A.S.T.M. C-88-76. Stockpiles i The location of all stockpiles of aggregate shall be approved by the Engineer prior to unloading as to zoning requirements, smoothness and compaction of the ground, and traffic conditions. Stockpiles of aggregate to be incorporated into the project shall be protected from dust IV-1 by drift fences of any suitable material approved by the Engineer, when sandstorm possibilities exist. Care will be taken to prevent dusty conditions in the stockpile area from any sources. C. Water Water shall be clean, matter and free from other chemicals. clear, free from injurious amounts D. Concrete Materials Test Pre -Construction Tests oil, acid or organic of alkali, salts or The contractor will submit test certificates from an approved commercial laboratory on all aggregates proposed for use on this work. Tests should be made approximately 20 days before beginning the concrete operation. The contractor will submit in advance of construction the mix design and the result of compression tests made by a commercial laboratory. These will be made on each type of concrete mix design proposed for use on this project. Tests shall be made on 6 cylinders for each mix, 3 tested in 3 or 7 days, 3 tested at 7 or 28 days. Additional tests shall be furnished if material source is changed or if concrete used varies from the original design. The Engineer shall approve the mix design after the pre - construction tests have been completed. Construction Tests Tests of the aggregates and the concrete will be made by the Engineer during construction to determine conformity with the specifications. Test cylinders will be made in accordance with the Method of.Making and Curing Concrete Compression and Flexure Test Specimens in the Field (ASTM Designation C-31). The specimens shall be cured under standard moisture and temperature conditions in accordance with requirements of ASTM C-31. Strength tests shall be made, in general, for each day's run, or ,for each 50-cubic yards of concrete if a day's run greatly exceeds this amount, but these .tests maybe made entirely at the discretion of the Engineer. Strength tests on Class "C" Concrete shall be made for approximately each 30 cubic yards, or every third truck on each days run. The IV-2 r r costs of all such testing will be borne by the City but the Contractor shall cooperate in securing and storing samples and shall furnish all materials required for sampling. A strength test shall consist of five standard test cylinders made from a composite sample obtained in accordance with the requirements of ASTM Designation C-172. Two of the cylinders shall be tested at 3 or 7 days and at 7 or 28 days. The fifth cylinder shall be held available for subsequent testing, if determined necessary by the Engineer. The test result shall be the average of the two 7 or 28 day specimens, except that, if one specimen in the test shows manifest evidence of improper sampling, molding, or testing, it shall be discarded and the remaining two strengths averaged. Should more than one specimen representing a given test show definite defects, due to improper sampling, molding or testing, the entire test shall be discarded. The result of the 7 or 28 day strength tests shall be used as the basis for accepting or rejecting the concrete represented. The results of the_3 or 7 day strength tests will be compared with the 3 or 7 day strength of the preconstruction test cylinders for the type and slump of the concrete being produced. Should the 3 or 7 day strengths indicate a deficiency in the 7 or 28 day strengths, the Engineer may require a temporary change in proportions to correct such deficiency. Such change shall remain in effect until the 7 or 28 day strength of the material in question is determined, at which time the change shall become permanent or shall be rescinded, depending upon the results of the 7 or 28 day test. The engineer shall record the delivery ticket number for the concrete and the exact location in the work at which each load represented by a strength test is deposited. E. Concrete Design Concrete conforming to these specifications may be "Ready Mix" but transporting vehicles shall be operated such as to insure delivery and placement in forms without loss or segregation of ingredients and within one hour of mixing time. Concrete will be mixed continuously during transit. IV-3 Mix Design All concrete for curb and gutter, valley gutters, fillets and alley stubs, alley slabs, drainage channels, inlet boxes, headwalls, and medians shall have 5% air entrainment (±1-1/2% tolerance). The concrete mix design shall be based on water -cement ratio, and shall be as follows for the different classes of concrete. Minimum Sacks Max. Gal. .Max. Slump Class Cement per C.Y. Water per sack in inches A 5 6.5 4 C 6 6 3 E 5.5: 5.5 3 F 6 5.5 2 The concrete mix design for the different classes shall ,also be,such that the compressive and flexural strength for each class shall not be less than the following: Minimum Average for class any test 3 day 7 day seam strength 28 dav A --- 2100 --- 3000 C --- 3000 600 3600 E 2500 3000 --- --- F 2900 3500 --- Any concrete failing to meet these strength requirements or air content shall be removed and replaced. ow Strength Concrete Any class of concreteincorporated in any part of the project which does not meet the strength requirements specified above, shall be considered low strength concrete. Low strength concrete shall be removed and replaced at the expense of the Contractor. The Engineer. shall determine the exact limits of any low - strength concrete required to be removed and replaced under the provisions of this paragraph. The methods to be used in removing and replacing such concrete shall be approved by the Engineer. IV-4 r F. Classification Unless otherwise shown on the plans: Class,A concrete shall be used for curb and gutter, drainage channels, medians, inlet boxes, headwalls and sidewalks; Class C �., concrete shall be used for concrete paving and valley gutters constructed in thoroughfare and collector streets; Class E concrete shall be used for valley gutters on streets other than thoroughfares and collectors and for alley returns, alley paving and reinforced gutter sections; Class F concrete is used for railroad sections. r i G. Mixing All aggregates shall be accurately weighed or measured by volume. The concrete shall be mixed in an approved batch mixer equipped with an accurate water measuring tank, and shall be mixed for one and one-half minutes after all material is in the mixer. "Ready Mixed" or "Transit Mixed" concrete may be used. If used it shall conform to these specifications and the "Standard Specifications for Ready Mixed Concrete," A.S.T.M. Serial Designation C94-38 and Item No. 502 of the Texas State Highway Specifications. After mixing, the concrete shall be transported to the forms in a manner which will prevent separation or segregation of the aggregates and shall be placed without undue delay. It shall be deposited as nearly as practicable in its final position in order to avoid rehandling or flowing of the concrete. No water shall be added to the concrete to facilitate finishing. H. Curing Compounds Compounds used to form an air tight membrane over fresh concrete surface for curing purposes shall conform to Item 526, Texas State Highway Specifications and "A.S.T.M." Serial Designation C-309. 3. REINFORCING MATERIALS A. Wire Mesh Wire mesh reinforcing shall conform to "Standard Specifications for Welded Steel Fabric for Concrete Reinforcement" ASTM Designation A-185. Mesh reinforcement shall be of the size shown on the plans. All reinforcement shall be permanently marked with grade identification marks or shall, on delivery, be accompanied IV-5 by a manufacturer's guarantee of grade and compliance with these specifications. Reinforcement stored on the site shall be protected from accumulations of grease, mud or other foreign matter and from rust producing conditions and shall be free from rust, scale, oil, mud or structural defects when incorporated into alley slab, or valley gutters. B. Bar Reinforcing Reinforcing steel to be used on this project shall conform to A.S.T.M. Designation A-432 and shall be deformed to A.S.T.M. 305 requirements unless otherwise shown on the plans. C. Fiber Reinforcement (1) The fiber used shall be 100 per cent virgin polypropylene collated, fibrillated fibersspecifically manufactured for use as concrete reinforcement, containing no reprocessed olefin materials. (2) The physical characteristics of the fiber to be used is as follows: Specific Gravity - 0.91; Tensile Strength - 70 to 110 ksi; Length of fibers - 1/211. (3) Fibrous concrete reinforcement materials provided by this section shall produce concrete conforming to the requirements for each type and class of concrete listed in Section 4-2-E. Quantities to be used shall conform to manufacturer's recommendations, unless otherwise directed by the Engineer. 4. JOINT MATERIAL A. Expansion Joint Materials Bituminous premolded expansion joint material shall conform to Item No. 420.2 (a) of the Texas State Highway Department Specifications. Expansion joints shall be placed as shown on the plans or _ as directed by the Engineer. B. Joint Sealing Material Joint sealing material shall be W.R. Meadows SOF-SEAL or approved equivalent IV-6 I 5. FORMS Forms for curb and gutter and alley paving may be of wood or metal, of a section satisfactory to the Engineer, straight, free of warp, and a depth equal to the depth of the concrete section formed. Forms shall be constructed accurately to the line and grade as established in the field, shall be adequately braced so that they will not move during the placing of the concrete, and shall remain in place at least twelve (12) hours after placing concrete. Forms shall be oiled with a light oil before each use and forms which are to be re -used shall be cleaned immediately after each use and maintained in good condition. Curb forms shall be such that the face of the curb can be formed by use of a face form held in place by steel templates. Forms used for curb shall meet all of the above specifications, except that face forms on curb radii may be omitted if a true section and an accurate flow can be obtained by other methods approved by the Engineer. In no case will a concrete pour be started without the approval of the Engineer. No forms shall be placed until the subgrade is within one inch (111) of its finished grade. Forms for alley slabs may be used as a guide for screeding. Where longitudinal construction joints are required, the form shall be so constructed as to provide a 1-1/8 inch "V" shaped groove in the face. 6. FLEXIBLE BASE (CALICHE) E A. Description r' "Flexible Base (Caliche)" shall consist of a foundation course for surface course or for other base courses. It shall be composed of caliche and stone materials and shall be constructed as herein specified in one or more courses in conformity with the typical sections shown on plans and ,.to the lines and grades as established by the Engineer. B. Material (1) The material for the base course shall consist of argillaceous limestone, calcareous or calcareous clay particles, conglomerate, gravel, sand or other granular materials. The material source shall be approved by the Engineer. All the acceptable material shall be crushed and returned to the screened material again in such manner that a uniform product will be produced. Samples for testing the material shall be taken prior to the compaction operations. (2) The material will conform to the requirements: IV-7 Sieve Size ------------------------------------------------------- 2" 1-1/2" 7/8" 1/2" #4 #40 retained 0 0-5 8-30 30-55 50-70 70-90 Material passing the No. 40 sieve shall be known as "Soil Binder" and shall meet the following requirements _ when prepared in accordance with Test Method Tex 101-E procedure: Liquid Limit - 45 maximum; plasticity Index 15 maximum, 3 minimum; and,' Linear Shrinkage - 10 maximum (3) Wet Ball Mill Test of Flexible Base Material The material, when tested in accordance with Texas Method 116-E, shall have a maximum allowable` value of 55. 7. ASPHALT STABILIZED BASE -PLANT MIX (THD Item 292) A. Description This item shall consist of base courses to be'composed of a compacted mixture of graded gravel base material from sources approved by the Engineer, (Once the source is selected the contractor will not change to another source without the Engineer's approval) and asphaltic material, mixed hot in an approved mixing plant. The percent asphalt shall be determined by the Engineer in accordance with Test Method Tex 126-E and Tex 204-F or other established procedures. B. Materials (1) Mineral Aggregate (Graded Gravel) The material shall be crushed and shall be screened as necessary to meet the requirements hereinafter specified and shall consist of durable aggregate particles otherwise specified below. (2) Stockpiling, Storage, Proportioning and Mixing Prior to the mixing operations with asphaltic material, processed mineral aggregate shall be stockpiled on an area previously cleared of trash, weeds and grass and smoothed as directed by the Engineer. The aggregate stockpiles shall be not less than'lo feet in height and constructed in layers not exceeding 18 inches in depth or as directed by the Engineer. The plant shall have and maintain at least a two day supply of aggregate on hand unless otherwise directed by the Engineer. Iv-B rMaterial shall be stockpiled in such a manner as to prevent segregation of aggregate and mixing of aggregate from stockpiles and/or other sources. The gradation requirements for;the individual stockpiles and proportioning from these stockpiles will be the contractor's'responsibility. (3) Gradation Unless otherwise specified, the grading of the mineral aggregate shall conform to the limitations as shown below: This mixture shall meet the T.H.D. 1982 Specification Item (292) Grade 4 -- Grading requirements percent retained -sieves 1-1/2" 7 8" J.L2" #4 #40 0 8-30 30-55 50-70 70-90 Material passing the No. 40 sieve shall be known as "Soil Binder" and shall meet the following requirements when prepared in accordance with the Test Methods Tex -101-E procedure: The liquid limit shall not exceed................45 The plasticity index shall not exceed ............ 15 The linear shrinkage shall not exceed.............5 Samples for testing the material shall be taken prior to the mixing operations. Where more than one material is used, tests will be on the combined materials. The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. C. Asphaltic Materials Asphalt for the paving mixture shall be of the type as determined by the Engineer and shall meet the requirements of Item 300, THD Specs, 1982 "Asphalt, Oils, and Emulsions." The grade of asphalt used shall be designated by the Engineer. The contractor shall notify the Engineer of the source of his asphaltic material prior to design or production of the asphaltic mixture and this source shall not be changed during the course of the project, except when authorized by the Engineer. (1) Asphaltic Stabilized Mixture IV-9 r The mixture shall consist of a uniform mixture of mineral aggregate and asphaltic material. The mineral aggregate will conform to the gradation requirements specified. The asphaltic material shall form from 4 to 9% percent of the mixture by weight. The design percent asphalt shall be determined in accordance with Test Method Tex.-126-E or Test Method Tex.-204-F and procedures outlined in the SDHPT Bulletin C-14. The percent of asphalt in the mix shall be determined by Extraction ASTM D-2172, ASTM D-4125 Method of Test for asphalt content by Nuclear Method, Test Method Tex-210- -F or Test Method Tex.-126-F. (2) Tack Coat Asphaltic materials shall meet the requirements of the Item, "Asphalts, oils, and'Emulsions THD Item 30011, as approved by the Engineer., (3) Tolerances The Engineer will designate the asphalt content to be used in the mixture after design tests have been made with the aggregate to be used in the project. When 'tested as determined by the Engineer, samples of the mixture shall not vary from the asphalt content designated by the Engineer by more than 0.2`percent dry weight (based on total mixture) Asphaltic concrete pavement and asphaltic stabilized base shall be machine layed and the equipment shall meet the requirements of THD 1982 specifications Item 528, "Automatic Screed Controls for Concrete Spreading and Finishing Machines." 8. EQUIPMENT - MIXING PLANTS BLACK BASE AND HOT -MIX All equipment for the handling of all materials and mixing and placing of the mixture shall be maintained in good repair and _ operating condition and subject to approval of the Engineer. Any equipment found to be defective and affecting the quality of the mixture will be replaced. Mixing plants may be the weigh -batch type or the continuous mixing type or the drum mix type. All types of plants shall be equipped with satisfactory conveyors, power units, aggregate handling equipment, bins and dust collectors and shall consist of the following essential pieces of equipment. IV-10 0 When requested by the Engineer, weigh -batch and continuous types of mixing plants shall be equipped with automatic r - proportioning devices in accordance with the requirements THD 1982 Specifications Item 520, "Weighing and Measuring Equipment." If automatic recording devices are required by plans, they shall be in accordance with the THD Item 520, "Weighing and Measuring Equipment." A. Weigh -Batch Type (1) Cold Aggregate Bin and Proportioning Device of The number of compartments in the cold aggregate bin shall be equal to or greater than the number of stockpiles of individual materials to be used. the The bin shall be of sufficient size to share the amount of aggregate required to keep the plant in continuous operation and of proper design to prevent overflow of material from one compartment to another. The proportioning device shall be such as will provide a uniform and continuous flow of aggregate in the desired proportioning in a separate compartment. (2) Dryer The dryer shall be the type that continually agitates the aggregate during heating and in which the temperature can be so controlled that the aggregate will not be injured in the necessary drying and heating operations required to obtain a mixture of the specified temperature. The burner, or combination of burners, and type of fuel used shall be such that in the process of heating the aggregate to the desired or specified temperature, no residue from the fuel shall adhere to the heated aggregate. A recording thermometer shall be provided which will record the temperature of the aggregate prior to the mixing operation. The dryer shall be of sufficient size to keep the plant in continuous operation. (3) Screening and Proportioni The screening capacity and size of the hot aggregate bins shall be sufficient to screen and store the amount of aggregate required to properly operate the plant and to keep the plant in continuous operation at full capacity. The hot bins shall be constructed so that oversize and overload material will be discarded through overflow chutes. Provisions shall be made to enable inspection forces to have easy and safe access IV-11 r to the proper location -on the mixing plant where representative samples may be taken from the hot bins for testing. The plant shall be equipped with at least three hot bins. The aggregate shall be separated into the number of bins indicated on the plans or as directed by the Engineer. (4) Aggregate Weigh Box and Batching Scales The aggregate weigh box and batching scales shall be of sufficient capacity to hold and weigh a complete batch of aggregate. The weigh box and scales shall conform to the requirements of T.H.D. Item 520,1982, "Weighing and Measuring Equipment." (5) Asphaltic Material Bucket and Scales The asphaltic material bucket and scales shall be of sufficient capacity to hold and weigh the necessary asphaltic material for one batch. If the material is measured by weight, the bucket and scales shall conform to the requirements of the Item, "Weighing and Measuring Equipment." If a pressure type flow meter is used to measure the asphaltic material, the requirements of T.H.D. Item 520, 1982, "Weighing and Measuring Equipment," shall apply . (6) Mixer The mixer shall be of the pugmill type and shall have a capacity of not less than 3,000 pounds (of natural aggregate mixture) in a single batch, unless otherwise shown on the plans. The number and position of blades shall provide a uniform mix. The mixer shall be equipped with an approved spray bar that will distribute the asphaltic material quickly and uniformly throughout the mixer. Any mixer that segregates the mineral aggregate or fails to secure a thorough and uniform mixture with asphaltic material shall not be used. This shall be determined by mixing the standard batch for the required time, then dumping the mixture, taking samples from its different parts and testing by Test Method Tex-210-F to show that the batch is uniform throughout. All mixers shall be provided with an automatic time lock that will lock the discharge doors of the mixer for the required mixing period. The dump door or doors and the shaft seals of the mixer shall be tight enough to prevent spilling of aggregate or mixture from the mixer. (7) Surge -Storage System IV-12 P is A surge -storage system may be used. It shall be adequate to minimize production interruptions during the normal days operation. A device such as a gob hopper or other similar devices approved by the Engineer to prevent segregation in the surge -storage bin will be required. If the Contractor elects to use a surge -storage system, scales conforming to the requirements outlined herein will be required. (8) Scales Scales may be standard platform truck scales or other equipment such as weigh hopper (suspended) scales approved by the Engineer. All scales shall conform to the item, "Weighing and Measuring Equipment". If truck scales are used, they shall be placed at a location approved by the Engineer. If other weighing equipment is used, the Engineer may require weight checks by truck scales for the basis of approval of the equipment. B. Continuous Mixing Tyne (1) Cold Aggregate Bin and Proportioning Device Same as for weigh -batch type of plant. (2) Dryer Same as for weigh -batch type of plant. (3) Screening and Proportioning Same as for weigh -batch type of plant. (4) Hot Aggregate Bin The hot bins shall be so constructed that oversize and overload material will be discarded through an overflow chute. Hot aggregate bins that become deficient in material shall activate a switch that automatically stops the plant until proper adjustments are made. (5) Not Aggregate Proportioning Device The hot aggregate proportioning device shall be so designed that when properly operated, a uniform and continuous flow of aggregate into the mixer will be maintained. IV-13 7 (6) Asphaltic Material spray Bar The asphaltic material spray bar shall be so designed that the asphalt will spray uniformly and continuously into the 'mixer. (7) Asphaltic Material Meter An asphaltic material recording meter meeting the requirements of the THD Item 520, "Weighing and Measuring Equipment", shall be placed in the asphalt line leading to the spray bar so that the cumulative amount of asphalt used can be accurately determined. Provisions of a permanent nature shall be made for checking the accuracy of the meter output. The asphalt meter and line to the meter shall be protected with a jacket of hot oil or other approved means to maintain the temperature of the line and meter at or near that temperature specified for the asphaltic material. Unless otherwise shown on the plans, the temperature of the asphaltic material enteEing the recording meter shall be maintained at z 10 F of the temperature at which the asphalt metering pump was calibrated and set. Inability to maintain this tolerance in temperature shall result in an adjustment of the pay quantity for the asphaltic material. If a pressure type flow meter is used to measure the asphaltic material, the requirements of the THD Item 520, "Weighing and Measuring Equipment", shall apply. ( 8 ) Mixer The mixer shall be of the pugmill continuous type and shall have a capacity of not less than 40 tons of mixture per hour. Any mixer that has a tendency to segregate the aggregate or fails to secure a thorough and uniform mixing of the aggregate with the asphaltic material shall not be used. The dam gate at the discharge end of the pugmixer and/or pitch of the mixing paddles shall be so adjusted to maintain a level of mixture in the pugmixer between the shaft and the lower paddle tip (except at the discharge end). (9) purge storage system A surge storage system may be used. It shall be adequate to minimize production interruption during IV-14 r d the normal days operation. A device such as a gob hopper or other similar devices approved by the Engineer to prevent segregation in the surge -storage bin will be required. If the Contractor elects to use a surge storage system, scales conforming to the requirements outlined herein will r^ be required. (10) Scales Scales may be standard platform truck scales or other equipment such as weigh hopper (suspended) scales approved by the Engineer. All scales shall r' conform to the THD Item 520, "Weighing and Measuring Equipment." If truck scales are used, they shall be placed at a location approved by the Engineer. If other weighing equipment is used, the Engineer may require weight checks by truck scales for the basis of approval of the equipment. r C. Drum Mix Plant Unless otherwise shown on the plans, the Contractor may, at his option elect to use the drum mixing process in the mixing of asphalt stabilized base material. The plant shall be adequately designed and constructed for the process of mixing aggregates and asphalt in the dryer -drum without preheating the aggregates. The plant shall be equipped with satisfactory conveyors, power units, aggregate handling equipment and feed controls and shall consist of,the following essential pieces of equipment. (1) Cold Aggregate Bin and Feed System The number of compartments in the cold aggregate bin shall be equal to or greater than the number of stockpiles of individual materials to be ,used. The bin shall be of sufficient size to store the amount of aggregate required to keep the plant in continuous operation and of proper design to prevent overflow of material of one bin to that of another bin. The feed system shall provide a uniform and continuous flow of r. aggregate in the desired proportion to the dryer. Each aggregate shall be proportioned in a separate compartment with total and proportional control. The system shall provide positive weight measurement of the combined cold -aggregate feed by use of belt scales or other approved devices. Provisions of a permanent r^ nature shall be made for checking the accuracy of the IV-15 measuring device as required by the Item, "Weighing and Measuring Equipment". When a belt scale is used, mixture production shall be maintained so that the scale normally operates between 50 percent and 100 percent of its rated capacity. Belt scale operation below 50 percent of the rated capacity may be allowed by the Engineer if accuracy checks show the scale to meet the requirements of the THD Item 520, "Weighing and Measuring Equipment", at the selected rate and it can be satisfactory demonstrated to the Engineer that mixture uniformity and `quality have not been adversely affected. (2) Scalping screen A scalping screen shall be required,,unless otherwise shown on ,the plans, and shall be located ahead of any weighing device: (3) Asphaltic Material Measuring System An asphaltic material measuring device meeting the requirements of the item, "Weighing and Measuring Equipment," shall be placed in the asphalt line leading to the dryer -drum mixer,so that the cumulative amount of asphalt used can be accurately determined. Provisions of a permanent nature shall be made for checking the accuracy of the measuring device output. The asphalt measuring device and line to the measuring device shall be protected with a jacket of hot oil or — other approved means to maintain the temperature of the line and measuring device near that temperature specified for asphaltic material. Unless otherwise ,shown on;the plans, the temperature of the asphaltic material entering the measuring device shall be maintained at ±100F of the temperature at which the asphalt measuring device was calibrated and set. If a pressure type flow meter is used to measure the asphaltic material,'the requirements of the THD Item -, 520, "Weighing and Measuring Equipment", shall apply. (4) Synchronization Equipment for Feed Control System The asphaltic material feed control shall be coupled .with the total aggregate weight measurement device in such manner as to automatically vary the asphalt feed as required to maintain the required proportion. (5) Drum Mix IV-16 The drum mixing system shallbeof the type that continually agitates the aggregate and asphalt mixture r during heating and in which the temperature can be so f controlled that the aggregate and asphalt will not be damaged in the necessary drying and heating operations required to obtain a mixture of the specified 6 temperature. A continuously recording thermometer shall 6 be provided which will indicate the temperature of the mixture as it leaves the drum mixer. (6) ,Surge Storage System A surge storage system will be required. It shall be adequate to minimize the production interruptions during the normal days operations and shall be so constructed to minimize segregation. A device such as a gob hopper or other similar device approved by the Engineer to prevent segregation in the surge -storage bin will be required. (7) Scales Scales may be standard platform truck scales, belt scales or other equipment such as weigh hopper (suspended) scales approved by the Engineer. All scales shall conform to the THD Item 520, "Weighing and Measuring Equipment." If truck scales are used, they shall be placed at a location approved by the Engineer. If other weighing equipment is used, the Engineer may require weight checks by truck scales for the basis of approval of the equipment. D. Asphaltic Material Heating Equipment Asphaltic material heating equipment shall be adequate to heat the amount of asphaltic material required to the desired temperature. Asphaltic material may be heated by steam coils which shall be absolutely tight. Direct fire heating of asphaltic materials will be permitted, provided the heater used maintains a positive circulation of the asphalt throughout the heater without damage to the asphalt. Agitation with steam or air will not be permitted. The heating apparatus shall be equipped with a recording thermometer with a 24-hour chart that will record the temperatures of the asphaltic material at the highest temperature. E. Spreading And Finishing Machine The spreading and finishing machine shall be of a type approved by the Engineer, shall be capable of producing a IV-17 7 surface that will meet the requirements of the typical cross section and the surface test, when required, and when the mixture is dumped directly into the finishing machine shall have adequate power to propel the delivery vehicles in a satisfactory manner. The finishing machine shall be equipped with a flexible spring and/or hydraulic type hitch sufficient in design and capability to maintain contact between the rear wheels of the hauling equipment and the pusher rollers of the finishing machine while the mixture is being unloaded. The use of any vehicle which requires dumping directly into the finishing machine and which the finishing machine cannot push or propel in such a manner as to obtain the desired lines and grades without resorting to hand finishing will not be allowed. Vehicles dumping directly or indirectly into the finishing machine shall be.so designed and equipped that unloading into the finishing machine can be mechanically and/or automatically operated in such a manner that overloading the finishing machine being used cannot occur and the required lines and grades will be obtained without resorting to hand finishing. Unless otherwise shown on the plans, dumping of the asphaltic mixture in a windrow and then placing the mixture in the finishing machine with loading equipment will be permitted provided that the loading equipment is constructed and operated in such manner that substantially all of the mixture deposited on the roadbed is picked up and loaded in the finishing machine without contamination by foreign material of the mixture and excessive temperature loss is not encountered. The loading equipment will be so designed and operated that the finishing machine being loaded will obtain the required line, grade and surface without resorting to hand finishing. Any operation of the loading equipment resulting in the accumulation and subsequent shedding of this accumulated materialinto the asphaltic mixture will not be permitted. Automatic screed controls, if required, shall meet the requirements of the`THD Item 528, "Automatic Screed Controls for Asphaltic Concrete Spreading and Finishing Machines". F. Rollers It shall be the responsibility rolling equipment available on the paving mixture in place as the laydown operation. Rollers qualifications for their type IV-18 of the Contractor to have the job to properly compact required without delay to provided shall meet the as follows: (1) ,Pneumatic Tire Rollers (Required on all Black Base and Hot Mix Surfacing) The rollers shall be acceptable medium pneumatic tire rollers conforming to the requirements of the Item, "Rolling (Pneumatic Tires)," Type B, unless otherwise specified on the plans. (2) Two Axle Tandem Roller (Required on All Hot Mix �., Surfacing) This roller shall be an acceptable power driven tandem roller weighing not less than 8 tons. (3) Three Wheel Roller (Required on All Black Base and Hot Mix Surfacing) This roller shall be an acceptable power driven three wheel roller weighing not less than 10 tons. (4) Three Axle Tandem Roller This roller shall be an acceptable power driven three axle roller weighing not less than 10 tons. (5) Trench Roller This roller shall be an acceptable power -driven trench roller equipped with sprinkler for keeping the wheels wet and adjustable road wheel so that the roller may be kept level during rolling. The drive wheel shall be not less than 20 inches wide. The roller under working conditions shall produce 325 pounds per linear inch of roller width and be so geared that a speed of 1.8 miles per hour is obtained in low gear. r^ (6) Vibratory Steel -Wheel Roller (Required on all p Black Base) This roller shall have a minimum weight of 6 tons. The compactor shall be equipped with amplitude and frequency controls and specifically designed to compact the material on which it is used, and shall be operated in accordance with the manufacturer's recommendations or as directed by the Engineer. (7) Straightedges and Templates When directed by the Engineer, the Contractor shall provide acceptable 10-foot straightedges for surface F IV-19 7 testing. Satisfactory templates shall be ,provided as required by the Engineer. (8) Alternate Equipment When permitted by the Engineer in writing, equipment other than that specified which will consistently produce satisfactory results may be used. (9) Inspection It will be the Contractor's responsibility to provide safe and accurate means to enable inspection forces to take all required samples, and to provide permanent means for checking the output of any specified metering device and to perform the calibration checks as required by the Engineer. G. Stockpiling, Storage, Proportioning And Mixing (1) Stockpiling of Aggregates Prior to mixingoperationswith asphaltic material, processed mineral aggregate shall be stockpiled on an area previously cleared of trash, weeds and grass and smoothed as directed by the Engineer. The aggregate stockpiles shall be not less than 10 feet in height and constructed in layers not exceeding 18 inches in depth or as directed by the Engineer. The plant shall have and maintain at least a.two-day supply of aggregates on hand, unless otherwise directed by the .Engineer. Material shall be stockpiled in such a manner as to prevent segregation of aggregate and mixing of aggregates from stockpiles and/or sources. More than one stockpile will be permitted unless otherwise shown on plans. The gradation requirements for the individual stockpiles and proportioning from these stockpiles will be the Contractor's responsibility as approved by the Engineer. (2) Storage and Heating of Asphaltic Materials The asphaltic.material storage shall be ample to meet the requirements of the plant`. Asphalt shall not be heated to a temperature in excess of that specified in THD Item 300, "Asphalts, Oils and Emulsions". All equipment used in the storage and handling of asphaltic material shall be kept in a clean condition at all times and shall be operated in such manner that there will not be contamination with foreign matter. IV-20 (3) Feeding and Drying of Aggregate The feeding of various sizes of aggregate to the dryer shall be done through the cold aggregate bin and proportioning device in such a manner that a uniform and constant flow of materials in the required proportions will be maintained. The aggregate shall be dried and heated to the temperature necessary to produce a mixture having the specified temperature. In no case shall the aggregate be introduced into the mixture unit at a temperature more than 4000 F. (4) Proportioning The proportioning of the various materials entering the asphaltic mixture shall be the responsibility of the Contractor as approved by the Engineer and in accordance with these specifications. The asphaltic material and aggregates may be proportioned by weight or by volume based on weight using the specified equipment. ( 5 ) Mixing (a) Weigh -Batch Tyne Mixer In the charging of the weigh box and in'the charging of the mixer from the weigh box such methods or'devices shall be used as are necessary to secure a uniform asphalt mixture. In introducing the batch into the mixer, all mineral aggregate shall be introduced first and shall be mixed thoroughly for a period of 5 to 20 seconds, or as directed, to uniformly distribute the various sizes throughout the batch before the asphaltic material is added. The asphaltic material shall then be added and the mixing continued for a total mixing period of not less than 30 seconds. This mixing period may be increased, if in the opinion of the Engineer, the mixture is not uniform. The differential in temperature of the aggregates and the asphalt as they enter the pugmixer shall not exceed 250 F. j� l Temporary storing or holding of the asphaltic mixture by the surge -storage system may be used during the normal days operation. Overnight storage will not be permitted unless authorized in the plans or in writing by the Engineer. The mixture coming out of the surge storage bin must be of equal quality to that coming out of the mixer. IV-21 (b) Continuous -Type Mixer The amount of,aggregate.and asphaltic material entering the mixer and the rate of .travel through the mixer shall be'so coordinated that a uniform mixture of the specified grading'.and asphalt content will be produced. The differential in temperature of the aggregates and the asphalt as they enter the pugmixer shall not exceed.250 F. Checks on asphalt used shall be made at least twice daily comparing the asphalt used in ten loads of completed mix as shown on the asphalt recording meter and the design amount for these ten loads. The.acceptable percent of variation between the asphalt used'and the design amount will be as shown on the plans or as determined by the Engineer. Temporary storing or holding of the asphaltic mixture by the surge-storage,system may be used during the normal day's operation. Overnight storage will not be permitted unless authorized in the plans or in writing by the Engineer. The mixture coming out of the surge -storage bin must be of equal quality to that coming out of the mixer. (c) Drum -mix Plant The amount of aggregate and asphaltic material entering the mixer and the rate of travel through the mixing unit shall be so coordinated that a uniform mixture of the specified grading and asphalt content will be produced. Temporary storing or holding of the asphaltic mixture by the surge -storage system will be required during the normal day's operation. Overnight storage will not be permitted unless authorized in the plans or in writing by the Engineer. The mixture coming out of the surge storage -bin must be of equal quality to that coming out of the mixer. The mixture, when discharged from the plant, shall have a moisture content not greater than 1 percent by weight unless otherwise shown on the plans and/or specified by the Engineer. The moisture content shall be determined in accordance with Test Method Tex-212-F, Part II. The mixture produced from each type of mixer shall not vary from the specified mixture by more than the tolerances herein specified. IV.-22 The asphaltic mixture from each type of mixer shall be at a temperature between 3000 F and 3500 F when discharged from the mixer. The Engineer will approve the temperature within the above limitations, and the mixture when discharged from the mixer shall not vary from this selected temperature more than 250 F. H. Construction Methods (1) Temperature Requirements A. HMAC - November 1 until April 1 1. The asphaltic mixture shall not be placed when the air temperature is below 550 F and falling. 2. The asphaltic mixture may be placed when the air temperature is above 500 F and rising. B. HMAC - April 1 until November 1 1. The asphaltic mixture shall not be placed when the air temperature is below 500 F and falling. 2. The asphaltic mixture may be placed when the air temperature is above 450 F and rising. C. Asphalt Stabilized Base 1. The asphaltic mixture shall not be placed when the air temperature is below 450 F and falling. 2. The asphaltic mixture may be placed when the air temperature is above 40o F and rising. The engineer may use his discretion to require a cover over the asphaltic mixture when being hauled from the plant to the job site. The air temperature shall be taken in the shade away from artificial heat or as reported by the National Weather Service on their hourly report (Telephone No. 762-0141). It is further provided that the prime coat, tack coat or asphalt stabilized base shall be placed only r' when the general weather conditions and temperature and moisture conditions of the subbase or subgrade,in the opinion of the Engineer, are suitable. rIf, after being discharged from the mixer and prior to placing, the temperature of.the asphaltic mixture is 250 F or more below the temperature approved by the Engineer, all I IV-23 7 or any part of the load may be rejected and payment will not be made for the rejected material. (2) Prime Coat The prime coat shall consist of an application of 0.25 gallons per square yard of MC asphalt. The asphalt stabilized base shall not be applied on a previously primed course until the prime coat has completely cured to the satisfaction of the Engineer. (3) Tack Coat Before the asphaltic mixture is laid, the surface upon which the tack coat is to be placed shall be cleaned thoroughly to the satisfaction of the,Engineer.' The surface shall be given a uniform application of tack coat using asphaltic materials of this specification. This tack coat shall be applied, as directed by the Engineer, with an approved sprayer at a rate not to exceed 0.10 gallon per square yard of surface. Where the mixture will adhere to the surface on which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Engineer. All contact surfaces of curbs and structures and all joints shall be painted with a thin uniform coat of the asphaltic material meeting the requirements for tack coat. The tack coat shall be rolled with a pneumatic tire roller when directed by the Engineer. (4) Transportin The asphaltic mixture, prepared as specified above shall be hauled to the work in tight vehicles previously cleaned of all foreign material. The dispatching of the vehicles shall be arranged so that all material delivered may be placed, and all rolling shall be completed during daylight hours. The inside of the truck body may be given a light coat of oil, lime slurry or other material satisfactory to the Engineer, if necessary, to prevent mixture from adhering to the body. In cool weather or for long hauls, canvas covers and insulating`of truck bodies may be required. Vehicles of the semi -trailer type are prohibited. (5) Placing Generally, the asphaltic mixture shall be dumped and spread on the approved prepared surface with the specified spreading and finishing machine, in such a manner that when properly compacted, the finished course will be smooth, of uniform density, and will conform with the typical sections shown on the plans and to the lines and grades established IV-24 F r by the Engineer. During the application of asphaltic material, care shall be taken to prevent splattering of �^ adjacent pavement, curb and gutter and structures. The mixture shall be spread and compacted in layers or lifts as specified on the plans or as directed by the Engineer. The sequence of compacting shall be such that undue displacement of the edge of the course does not occur. On deep lifts, the edge of the course may be rolled with a motor grader wheel or similar equipment or supported by blading a roll of earth against the edge of the course .prior to compacting the surface. r When the asphaltic mixture is placed in a narrow strip along the edge of an existing pavement, or used to level up small areas of an existing pavement or placed in small r irregular areas where the use of a finishing machine is not practical, the finishing machine may be eliminated when authorized by the Engineer, provided a satisfactory surface r can be obtained by other approved methods. r F F F r I. Compacting (1) As directed by the Engineer, the asphalt stabilized base shall be compacted thoroughly and uniformly with the specified rollers. In lieu of the rolling equipment specified, the Contractor may, upon written permission from the Engineer, operate other compacting equipment that will produce equivalent relative compaction as the specified equipment. If the substituted compaction equipment fails to produce the desired compaction as would be expected of the specified equipment, as determined by the Engineer, its use shall be discontinued. When directed by the Engineer, the initial compaction shall be accomplished with pneumatic tire rollers. (2) when rolling with the three wheel, tandem, or vibratory rollers, rolling shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive trips by at least half the width of the rear wheel unless otherwise directed by the Engineer. Alternate trips of the roller shall be slightly different in length. On super -elevated curves, rolling shall begin at the low side and progress toward the high side unless otherwise directed by the Engineer. When rolling with vibratory steel wheel rollers, the manufacturer's recommendation shall be followed unless directed otherwise by the Engineer. Rolling with pneumatic -tire roller shall be done as directed by the Engineer. Rolling shall be continued IV-25 until no further increase in density can be obtained andallroller marks are eliminated. The motion of the roller shall be slow enough at all times to avoid displacement of the mixture. If any displacement occurs, it shall be corrected at once by the use of a rake, and of fresh mixtures where required. The roller -shall not be allowed to stand onany portion of the pavement mixture which has not,been fully compacted. To prevent adhesion of the mixture to the roller,.the wheels shall be kept thoroughly moistened with water, but an excess of water will not be permitted. All rollers must be in good mechanical condition.. Necessary precautions shall be taken to prevent the dropping of gasoline, oil, grease or -other foreign matter on the roadway, -either when the rollers, are in operation or when standing. Hand Tamping The edges of the pavement along curbs, headers and similar structures, and all places not accessible to the roller, or in such positions as will not allow thorough compaction with the rollers, shall be thoroughly compacted with lightly oiled tamps. J. Surface Finish The compacted material shall conform to the typical cross sections, lines and grades as shown on plans and directed by the Engineer and shall have a smooth surface with a reasonably uniform texture acceptable to the Engineer. Unacceptable finished surfaces may be corrected by the placement of additional mixture, all at the expense of the Contractor. K. Protection Of The Work And Opening To Traffic -' The completed asphalt stabilized base course shall be opened to traffic as provided by the plans and as directed by the Engineer. All construction traffic allowed on the base course shall comply with the State laws governing traffic on highways unless otherwise authorized by the Engineer. When another roadway surface is provided for the "- traveling public and construction traffic through the project, the Engineer may prohibit -traffic on the completed base course. L. Surface Density Test IV-26 City personnel will provide density test and results throughout the construction process at no cost to the contractor. Samples of the completed pavement shall be removed from locations designated by the Engineer to enable him to determine the composition, compaction, and density of the pavement. Samples for each day or fraction thereof shall be taken by City personnel. The contractor shall replace the pavement removed from core holes at no cost to the City. If the pavement is deficient in composition, compaction, or thickness, satisfactory correction shall be made as directed by the Engineer. 9. ASPHALTS Asphalts for use on this project shall comply with Texas State Highway Department Specification, Item 300. SPECIAL PROVISION TO ITEM 300, ASPHALTS, OILS AND EMULSIONS For this project, Item 300, "Asphalts, Oils and Emulsions", of the TxDOT Standard Specifications, is hereby amended with 4 respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed hereby. Article 300.2. Materials, Subarticle (3) Latex Additive, is voided and replaced by the following: r (3) Latex Modified Asphalt Cement. (a) Latex Additive. Latex additive shall be emulsion of •- styrene-butadiene low -temperature copoloymer in water. The emulsion shall have good storage stability and possess the following properties. Monomer Ratio of Latex - 73 +/- 5 butadiene to styrene 27 +/- 5 Minimum Solids Content, - 45 percent by weight ,.. Viscosity of Emulsion at - 2000 77 +/- 1 F, cps, max (No.3 spindle, 20 RPM, Brookfield RVT Viscometer) The manufacturer shall furnish the actual styrene-butadiene rubber (SBR) content for each batch of latex emulsion. This IV-27 information shall accompany all shipments to facilitate proper addition rates. (b) Latex Modified Asphalt Cement. This material shall consist of AC-10 asphalt cement in accordance with,Subarticle 300.2(1) to which has been added a styrene-butadiene rubber latex. The amount shown is based on latex solids in the finished asphalt -latex blend. Possible combinations and their intended uses are as follows: Material Use AC-5 + 2% latex solids Seal coats and surface treatments AC-10 + 2% latex solids Seal coats and surface treatments or asphaltic concrete AC-10 + 3$ latex solids Asphaltic Concrete The finished asphalt -latex blend shall be smooth, homogeneous, And comply with the following requirements.' Property AC-5 + 2% Latex AC-10 + 2% Latex AC-10 + , 3% Latex Minimum SBR Content, percent by 2.0 2.0 _ 3.0 wt. solids (IR determination)* 1 Penetration,100g, 5 sec,77 F min 120 ,80 75 Viscosity,140 F, poises, minimun 700 1300 1600 Viscosity,275 F, poises, maximu Ductility, 39.2 F, 1 cm/min, cm, - - 100 minimum Ductility, 39.2 F, 5 cm/min, cm, 70 60 - minimum Separation of Polymer, 325 F** None None None *The asphalt supplier shall furnish the department samples of the base asphalt and latex emulsion used in making the finished product. **A 350 gram sample of the asphalt -latex blend is stored for 48 hours at 325F. Upon completion of the storage time the IV-28 sample is visually examined for separation of rubber from the asphalt (smoothness and homogeneity). If a question still exists about the separation of rubber a.sample will be taken from the top and bottom for Infrared Spectrocopy analysis to determine actual rubber contents. A difference of 0.4% or more between the top and bottom concentration levels constitutes separation. When the latex modified asphalt is to be used in asphaltic concrete and the latex additive is introduced separately at the mix plant, either by injection into the asphalt line or into the mixer, the compatibility and stability of the asphalt -latex combination shall be determined by preparing a laboratory blend and storing it for five hours at 325 F. Upon completion of storage time, the sample shall be examined as indicated above. Article 300.3. Storage, Heating and Application Temperatures. Table of application and mixing is supplemented by the following: Heating and Recommended Maximum Storage Type -Grade Range, F Allowable, F Maximum, F All AC -latex blends 300-375 390 390**** ****Maximum temperature for storage by the asphalt supplier or the Contractor shall be 375F. On AC-5 and AC-10 + 2 percent SBR designated for seal coat or surface treatment work, the temperature may be increased to a maximum of 390F by the supplier loading through an in -line heater, or with the Engineer's permission, these materials may be heated to a maximum of 390F by the Contractor just prior to application. 10. HOT MIX ASPHALTIC CONCRETE SURFACE (A) Aggregate (1) General The mineral aggregate shall be composed of coarse aggregate, a fine aggregate, and if required, a mineral filler. Samples of coarse aggregate, fine aggregate and mineral filler shall be submitted to the City of Lubbock Testing Laboratory for testing and approval by the Engineer. Approval of other material and of the source of supply must be obtained from the Engineer prior to delivery. The combined mineral aggregate, after final processing by the mixing plant, and prior to addition of asphalt and mineral filler, shall have a sand equivalent value 'a 8 IV-29 r of not less than 40, unless otherwise shown on the plans when tested in accordance with ASTM D-2419. The percent of flat or elongated slivers of stone for Any course shall not exceed 25%, when tested in accordance with Test Method Tex-224-F. Aggregate that appears susceptible to film stripping when tested in accordance with ASTM D-1075, minimum 70% index of retained strength and tested in accordance with AASHTO T-283, minimum 70% tensile strength ratio, shall be rejected or conditioned with an anti -stripping agent as approved by the Engineer. Prior to stockpiling of aggregates the area shall be cleaned of trash, weeds and grass and be relatively smooth. Aggregates shall be separated into stockpiles of different gradation, such as a large coarse aggregate, and a small coarse aggregate stockpile such that the grading requirements of the specified type will be met when the piles are combined in the asphaltic mixture. No coarse aggregate stockpile shall contain more than 10 percent by weight of materials that will pass a No. 10 sieve except as noted on the plans or provided for by special provision. Fine aggregate ..stockpiles may contain small coarse aggregate in the amount of up to 15 percent by weight, (100 percent of which shall pass a 1/4 inch sieve). However, the coarse aggregate shall meet the quality tests specified herein for "Coarse Aggregates." Suitable equipment of acceptable size shall be furnished by the Contractor to work the stockpiles and prevent segregation of the aggregates. If the Contractor utilizes an asphalt continuous mix plant, the various aggregate stockpiles of different gradation will be stockpiled in the same manner as described for stockpiling of aggregate for asphalt stabilized base. That is, the stockpiling of the aggregate shall be made up of layers of material not to exceed two feet in height of each layer. The edge of each succeeding layer shall extend inward so as not to overlap the edge of the layer below. In loading from the stockpile, the material shall be loaded by making successive vertical cuts through the entire depth of the stockpile. (2) Coarse Aggregate The coarse aggregate shall be that part of the aggregate retained on a No. 10 sieve; shall consist of clean, IV-30 P" tough, durable fragments of crushed stone of uniform quality throughout; mixing or combining crushed gravel r, I and crushed stone will not be permitted. The aggregate shall be crushed to the extent that produces a minimum of 85% crushed faces when tested in accordance with Test Method (Tex-4,60-A). The aggregate shall have a maximum of 30% loss when subjected to 5 cycles ofthe Magnesium Sulfate Soundness Test (A.S.T.M. C-88-83). When coarse aggregate is tested in accordance with Test Method Tex-217-F, the amount of organic matter, clays, loams or particles coated therewith or other undesirable materials shown on the plans shall not exceed 2 percent. When it is specified that the coarse aggregate be sampled during delivery to the plant, from the stockpile, or from the cold bin, the material removed when tested in accordance with test method Tex.-217-F (Part II, Decantation), shall not exceed 2 percent. The plasticity index of that part of the fine aggregate contained in the coarse aggregate passing the No. 40 sieve shall not be more than 6 when tested by ASTM D-4318. However, where the coarse aggregate contains less than 5% of fine aggregate and the fine aggregate is of the same or similar material as the coarse aggregate, the P.I. requirements for the material passing the No. 40 sieve may be waived by the Engineer in writing. j When it is specified that the coarse aggregate be sampled from the hot bins and tested in accordance with Test Method Tex-217-F (Part II Decantation), the amount I^ of material removed shall not exceed 1 percent. i Tests performed as specified herein represent material processed or placed until a subsequent test is performed. The coarse aggregate shall have an abrasion of not more than 40 percent loss by weight when subjected to the Los Angeles Abrasion Test, ASTM C-131. Coarse aggregate from each source shall meet the abrasion r- requirements specified. t (3) Fine Aggregate The fine aggregate shall be passing the No. 10 sieve an screenings or a combination IV-31 that part of the aggregate d shall consist of sand or of sand and screenings. 7 The plasticity index of that part of the sand passing the N6.40 sieve shall not be more than 6 when tested in accordance with ASTM D-4318.. The plasticity index of that part of the screenings passing the No. 40 sieve shall not`be more than 9, unless otherwise shown on plans, when tested by ASTM D-4318. Fine aggregate from each source shall meet plasticity requirements. Sand shall be composed of durable stone particles free from injurious foreign matter. Screenings shall be of the same or similar material as specified for coarse aggregate. (4) Mineral Filler The mineral filler shall consist of thoroughly dry stone dust, slate, dust, portland cement or other mineral dust approved by the Engineer. The mineral filler'shall be free from foreign and other injurious matter. When tested by ASTM D-242 it shall meet the following grading requirements: Per Cent By Weight Passing a No. 30 sieve 100 Passing a No. 80 sieve 95 to 100 Passing a No. 200 sieve 70 to 100 (B) Asphaltic Material (1) Asphalt for Paving Mixtures Asphalt for the paving mixtures shall be of the types of oil asphalt as determined by the Engineer. The grade of asphalt used shall be as designated by the Engineer after design tests have been made using the mineral aggregates that are to be used in the project. If more than one type of asphaltic concrete mixture is specified for the project, only one grade of asphalt will be required for all types of mixtures, unless otherwise shown on plans. The Contractor shall notify the Engineer of the source of his asphaltic material prior to production of the asphaltic mixture and this 'source shall not be IV-32 changed during the course of the project except by written permission of the Engineer. (1.1) HYDRATED LIME Hydated lime shall be added to the Asphalt mixture, as per TxDot Item 264, as an additive to improve the quality of the mixture. SPECIAL PROVISION TO ITEM 264 HYDRATED LIME AND SLURRY Item 264, "Hydrated Lime and Lime Slurry", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed hereby. Article 264.1. Description is voided and replaced by the following: 264.1. Description. This item establishes the requirements for hydrated lime, quicklime and commercial lime slurry of the type and grade considered suitable for use in the treatment of natural or processed materials or mixtures for subgrade, subbase and base construction. CAUTION: Use of quicklime can be dangerous. Users should become informed of the recommended precautions in the handling, storage and use of quicklime. Article 264.2. Types is voided and replaced by the following: 264.2. Types. The various types and grades of lime and lime slurry are identified as follows: a. Type A, Hydrated Lime, a dry powdered material consisting essentially of calcium hydroxide. b. Type B, Commercial Lime Slurry, a 'liquid mixture of essentially hydrated lime solids and water in slurry form. c. Type C, Quicklime, a dry material consisting essentially of calcium oxide. It shall be furnished in either of two grades which differ in sizing. IV-33 Grade DS, "pebble" quicklime of a gradation suitable for either "Dry Placing" or for use in the preparation of a slurry for "Wet Placing" Grade S, finely graded quicklime for use in the preparation of a slurry for wet placing. (Note: Due to the possibility of appreciable amounts of finely divided, powdered quicklime being present in this product, the use of Type C, Grade S Quicklime is restricted to "Slurry Placing" only. It is considered to be unsuitable for "Dry Placing".) Lime for stabilization purposes shall be applied as provided for in the governing specifications, as a dry material or as a mixture of lime solids and water in the form of lime slurry. For dry application, Type A, Hydrated Lime or Type C, Quicklime of Grade DS only may be used where specifications permit. For wet application, lime slurry may be delivered to the job site as Type B, Commercial Lime Slurry or a lime slurry may be prepared at the job site by using Type A Hydrated Lime or Type C Quicklime as specified. The lime and lime slurry being furnished under the terms of this specification shall, in addition to all other requirements, also meet the following chemical and physical requirements. a. Chemical Composition: A Total "active" lime content, % by weight--- ------ 90.0 min (i.e., A by weight ca(OH)2 + by wt CaO, if present) Unhydrated lime content, % by wt CaO --------------- "Free Water" content, by H20:------ ------ --- 5,.0 max 5.0 max b. Sizina (1) Wet sieve requirement, as, % by wt residue: IV-34 TYPE B C 87.0 min 87.0 min 7 Retained on No. 6 (3360 micron) sieve:--------------- 0.2 max Retained on No. 30 (590 micron) sieve:----------------- 4.0 max (2) Dry sieve requirement, as % by wt residue: Retained on a 1-inch (25 mm) sieve: ----------------- - Retained on a 3/4" (19.0 mm) sieve: ----------------- - Retained on a No. 100 2 3 0.2 max 8.0 max 2 4.0 max - 0.0 10.0 max (150 micron) sieve:---- - Grade DS 80.0% min Grade S - No Limits Note 1: No more than 5.0% by weight Cao (unhydrated lime) will be allowed in determining the total "active" lime content. Note 2: In "solids content" of the slurry. Note 3: The amount of total "active" lime content, as Cao, in the material retained on the No. 6 sieve must not exceed 2.0 percent of the original Type C lime. Type B, Commercial Lime Slurry or a slurry prepared at the job site from A Hydrated Lime or Type C Quicklime shall be furnished at or above the minimum "Dry Solids" content as prescribed by the Engineer and must be of a consistency that can be handled and uniformly applied without difficulty. The slurry shall be free of liquids other than water and any materials of a nature injurious or objectionable for the purpose intended. (2) Tack Coat The asphaltic material for tack coat shall meet the requirements for Cut -Back Asphalt RC-2, or shall be a Cut -Back Asphalt made by combining 50 to 70 percent by volume of the asphaltic material as specified for the type of paving mixture with 30 to 50 percent by volume of gasoline and/or kerosene. If IV-35 RC-2 Cut -Back Asphalt is used, it may, upon instructions from the Engineer, be diluted by addition of an approved grade of gasoline and/or kerosene, not to exceed'15 percent by volume. (C) Paving Mixtures Tyves The paving mixture shall consist of a uniform mixture of coarse aggregate, fine aggregate, lime and asphaltic/latex material. The grading of each constituent of the mineral aggregate shall be well graded from coarse to fine and shall not vary from the low limit on one sieve to the high limit on the adjacent sieve, or vice versa. The final designated gradations shall produce -- a relatively smooth line when plotted on a 0.45 power semilogarithmic gradation chart when tested in accordance with ASTM C-136. (1) Master Gradation Specifications Mixture Type — City of Lubbock (C.O.L.) Sieve Type nCn Type ,'D" — Size (Residential Traffic Only) Percent by Weight Passing Sieves lit 100 --- 3/4" 98-100 _ --- ^ 1/211 81-93 100 3/811 65-85 85-100 No.4 43-63 50-70 No.8 33-45 35-47 No.16 22-34 23-35 No.30 13-27 14-29 No.50 7-19 8-20 No.100 3-11 4-12 No.200 1-6 1-6 Bitumen percent 4.0 - 7.5 4.0 - 7.5 (of total mix) (D) Laboratory Control If the Contractor or supplier wishes to use a material or location not previously approved by the City of Lubbock, he will be required to request approval in writing of the r material not less than 60 days prior to anticipated use P P of the material. The City of Lubbock laboratory test ,. results shall be the sole consideration for approval of materials, mix designs, adequacy of procedures, etc.. The results of such testing shall be evaluated and final approval given by the City Engineer. The City of Lubbock will utilize its own testing laboratory to monitor the plant mixing for Black Base and .- Hot Mix. This laboratory control will be provided by the City of Lubbock. A representative of the City Engineer will be at the plant with full authority to control the mixing operation. In those instances where irregularities occur and the limits of the specification are exceeded for aggregate, black base, or hot mix, appropriate corrections will be required. �., (E) Tolerances ' The Engineer will designate the exact grading of the aggregate and asphalt content to be used in the mixture (Job Mix Formula). The paving mixture produced shall not vary from the designated grading and asphalt content by more than the tolerances allowed herein and shall remain within the limitation of the master grading specified. The respective tolerances, based on the percent by weight of the mixture, are listed as follows: r- Percent by weight Material Tolerance Plus or Minus Y Aggregate passing No. 4 sieve or larger 4 percent 1 Aggregate passing Nos. 8,16,30, 50 sieves -3 percent Aggregate passing Nos. 100 & 200 sieves 2 percent Bitumen 0.25 percent (F) Extractionj Gradation_ Tests And Design Criteria (1) Samples of the mixture when tested in accordance with ASTM D-2172 shall not vary from the grading proportions of the aggregate and the asphalt content designated by the Engineer by more than the { IV-37 i r respective tolerance specified above. (See Section IV-7-C (1) for methods of extraction of asphalt) During construction, if grading or asphalt content exceeds the tolerances stated herein, production will be discontinued until such time as the Hot -Mix Asphaltic Concrete mixture has been corrected and subseguent grading and extraction tests indicate results within the tolerance stated herein. All Hot - Mix Asphaltic Concrete mixture so constructed, which exceeds the tolerances as stated herein, will be removed and replaced at no cost to the Owner. (2) Design Method Thoroughfare Residential Traffic Traffic Min. Max. Min. Max. Marshall Method No. of compaction blows, 'each end of specimen 75 50 Stability, Lbs. 1800 --- 1200 Flow, units of 0.01 in % Air Voids - Surfacing or Leveling Percent Voids in Mineral Aggregate (3) Sampling and Testing 8 14 8 18 3 5 3 5 13 --- - 14 --- It is the intent of this specification that the mixture will be designed to produce a mixture of optimum density and stability, as�determined by the Engineer, when tested in accordance with these specifications and applicable ASTM procedures. Samples of the completed pavement shall be removed from locations designated by the Engineer to enable him to determine the composition, compaction, and density of the pavement. Samples for each day or fraction thereof shall be taken by City personnel. The contractor shall replace the pavement removed from core holes at no cost to the City. If the pavement is deficient inscomposition, compaction, or thickness, satisfactory correction shall be made as directed by the Engineer. IV-38 r r Tests on Marshall specimens shall be made twice daily or as directed by the Engineer to retain job control. The mixture shall comply with the requirements of Table (2) above when tested in accordance with the Marshall method r., procedures contained in Chapter III of the Asphalt Institute's Manual Series No. 2 (MS-2), current addition. If the laboratory stability and/or field tests of the mixture produced has a value lower than that specified, and j" in the opinion of the Engineer is not due to change in source or quality of materials, production may proceed, and the mix shall be changed until the laboratory/field tests r equals or exceeds the specified values. If there is, in the opinion of the Engineer, an apparent change in any material from that used in the design mixtures, production will be r, discontinued until a new design mixture is determined by trial mixes. 11. .SILO STORAGE rA silo storage system may be used during the normal day's operation. The mixture coming out of the silo storage must be �. of equal quality and temperature to that coming out of the mixing plant. Any operation that has tendency to segregate the mixture or fails to maintain a thorough and uniform mixture and temperature shall not be used. If any load of mixture coming out of the silo storage system fails to meet the asphalt specifications or gradation requirements, then the total contents of the silo storage system shall be �^ condemned. 12. BARRICADES AND SIGNS Barricades shall be constructed of clean, sound lumber, shall be of first-class workmanship, and all surfaces above ground shall be painted with an approved brand of white paint to secure thorough coverage and a uniform white color. In no case shall less than two coats'be used. The paint for barricade stripes shall be reflective orange and reflective white. All dimensions, striping, lighting, painting, coloring and placement of barricades shall be in accordance to the details and design as set forth in the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES for Street and Highways, Part VI, issued in May, 1983. The Contractor shall maintain each barricade in a neat acceptable condition and furnish replacements when necessary or requested by the Engineer. IV-39 Each sign shall be displayed only for the specific purpose prescribed for it. Before any detour or temporary route is open to traffic all necessary Regulatory, Warning and Guide signs shall be in place. Signs required by temporary conditions or restrictions shall be removed immediately when those conditions cease to exist or the restrictions are withdrawn. Guide signs directing traffic to and on temporary routes or detours shall be removed when no longer applicable. .Standardization is ,important with respect to design and placement, and uniformity of application is equally important. Identical conditions should always be marked with the same type of sign, irrespective of where those.particular conditions occur. All signs that are to convey their message during hours of darkness shall be reflectorized or illuminated. Signs for daytime use only may be non-reflectorized but a fluorescent background material will be used for increased daytime visibility if requested by the Engineer. Where there is serious interference,from extraneous light sources, and a reflectorized sign is not likely to be effective, an illuminated sign will be used. Construction warning signs shall have a black legend on an orange background and shall conform to the standards as to size, shape and color as outlined in the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES mentioned above. Barricades, flares, and signs are a necessity in the construction involved in this contract. The provision of these items by the Contractor should be considered in the bid prices submitted, as no separate compensation will be made, unless indicated otherwise in the plans ortheproposal. No work will be permitted on any project prior to installation of barricades or other warning devices at the beginning and end of the construction area. IV-40 Details of Construction 1. CONCRETE !� A. Curb and Gutter (Class A -Concrete) f i Description r This item shall consist of Portland Cement curb and gutter or 24" separate gutter as plans or as directed by the engineer, and constructed of Class A concrete. Included r gutter item is the subgrade preparation an and shaping of the area behind the curb. 1. Curb Openings 24" concrete shown on the shall be in the curb and d the filling Separate gutter sections will be placed only across alleys and driveways presently in use or where definitely planned for future property improvements. It shall be the responsibility of the contractor to contact the property owner and determine the proper location of driveways before curb and gutter is constructed. All gutters across new or proposed driveways must meet the requirements set forth in the City Sidewalk and Driveway Regulations, Ordinance Number 1466 and amendments thereto and gutters across existing driveways will be required to conform to said regulations if no hardship to the existing property improvements is involved. In any event, all curb and gutter to be poured must have the engineer's approval as to driveway widths and location, in addition to the section, and line and grade approval before any pour is started on any curb and gutter unit. 2. Excavation and Subgrading (See Section V-2) Excavation for the curb and gutter shall be made with the excavation of the entire street. The excavation shall be done to the lines and grades set by the engineer and in such a manner as to require a maximum 1/2" (inch) of fill to bring the subgrade to the correct elevation. Subgrade that is undercut 1" (one inch) or more shall be brought to the correct elevation by scarifying, wetting, disking, blading, rolling and compacting to 95% Standard Proctor Density (A.S.T.M. D-698) with pneumatic rolling to correct elevation prior to setting forms. Before completion of curb and gutter, all traffic signs and street name markers found in the way of paving will immediately be relocated behind the proposed curb and gutter by the Contractor. V-1 3. 4. Setting Forms Forms for concrete and gutter shall be set to the lines and grades established by the engineer after the subgrade has been prepared. The forms shall be held together and in place in such a manner that they will. not move during the placing and working of the concrete. The forms shall be cleaned and oiled prior to pouring concrete. Face forms and construction joints (removable metal plates) shall be set to hold the concrete for the curb in place until it is to be finished. Forms for radii shall be set in the same manner as the straight forms except that no face form will be required if a true section is obtained by other methods. The radii forms shall be set in such a manner that the curve will be true. Placement (Including Making Joints) Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing, and the concrete shall be floated and troweled to the approximate section, and only after the concrete receives a partial set shall the face forms be removed. The section shall then be shaped to the true cross-section by the use of a metal -screed which is shaped to the true cross-section. A "mule" screed shall be used section when topping material on the front edge of the mule. only to shape to true cross - is provided and pushed along Curb and gutter shall be constructed with an expansion joint at the tangent point of each return at intersections and at intervals of no more than forty (40) feet between the intersections. Forty feet intervals may be waived if curb and gutter machine is used. Expansion joints shall be of the material hereinbefore specified. Construction joints formed by removable metal plates (templates) accurately shaped to the cross-section of the curb and gutter shall be located at the mid -point of each section between expansion joints or as directed by the engineer. Contraction joints shall be placed at ten foot intervals. All joints shall be perpendicular to the surface of the concrete and to the axis of the section. 5. Finishing A ten (10) foot metal "straight -edge" shall strike the flow line to grade, continuously line of the gutter. This operation shall be V-2 be used to along the flow followed with r a four (4) foot spirit level to assure the continuous grade down the flow -line the length of the gutter. Curb and gutter shall be finished uniformly by wood trowelling to an accurate cross-section. Extra water will not be added for finishing. The final finish will be accomplished with a brush, the last stroke being one from the back of curb to the lip of gutter. Both sides of all joints, the lip of gutter, and the back edge of the curb shall be finished with a 1/4" radius edging tool before the final brushing. Curves at the top and bottom of the section shall present a uniform appearance without "waves" in the face of the curb or "pockets" in the gutter. Concrete shall not be poured during sand storms. Concrete shall be protected to maintain temperature of not less than 50 degrees F. for five days after placement. If aggregate and water are heated, they shall not be heated above 90 degrees F. Concrete shall not be placed when the ambient temperature is less than 40 degrees F. It shall be the responsibility of the 'Contractor to anticipate as nearly as possible changes in weather conditions which would affect the placement and protection of the concrete, and be prepared to protect freshly placed concrete when sudden changes in the weather make such protection necessary. 6. Removing Forms Special care is required of the Contractor in his removing of pins and of forms. Pins shall be pulled from the ground to free forms. If hammering is found to be necessary, a light, one (1) pound hammer shall be used. The contractor shall not place forms or pins on newly finished concrete. Loading and unloading of forms from a truck shall be executed by two workmen. It is the duty of the Contractor to remove any warped forms found in any section of forms, before it is poured. When forms are pointed out as defective, those forms shall then be removed from the job site and not returned until they have been inspected by the Engineer. 7. Machine Laid Curb and Gutter i, Class A concrete shall be used for machine laid curb and gutter. The slump of the concrete shall be as directed by r' the Engineer. Reinforcing steel, if required, shall conform to Section 3 under Materials of Construction. The curb and gutter shall be laid by an extrusion machine approved by the Engineer. Immediately prior to placing the ►+z1K 7 curb and gutter,, the previously approved foundation shall be thoroughly cleaned. The line for top of curb shall be maintained from a guideline set by the Contractor from survey marks established by the Engineer. Curb outline shall strictly conform to the.details shown on the plans. The approved mix shall be fed into the machine in such a manner and at such consistency that the.finished curb will present a well compacted mass with a surface free from .voids and honeycombs and true to established shape, line, and grade. Additional surface finishing shall be performed immediately after extrusion. Extra water will not be added for finishing. Unless otherwise specified by the Engineer, joints shall be constructed as follows: Expansion joints shall be located at each end radius at intersections and alley returns and at the beginning of the pour, and dummy grooved joints shall be spaced at 10 foot intervals between the expansion joints. 8. Curing All concrete work shall be covered with heavy water -proof type paper to prevent loss of moisture and to prevent direct sunlight from striking the concrete, as soon as it has set sufficiently enough to prevent marking. In lieu of.this method of curing, the curb and gutter may be cured by applying a liquid membrane coating to all exposed surfaces, provided such material and method is first approved by the Engineer. 9. Filling Behind Curb After the forms are removed and the concrete has cured, the contractor shall fill the area behind the curb with top soil. The area between the sidewalk and the curb or property line and curb, if no sidewalk exists, shall be leveled and sloped toward the curb in a manner satisfactory to the property owner and/or Engineer. Fill should be done prior to placement of base materials. 10. Replacement of Damaged Curb and Gutter or Gutter No; patching of any nature shall be allowed in repairing any damage to curb and gutter which occurs during the construction process of paving improvements in any unit V-4 r prior to the acceptance of said unit. Where damage occurs, the section of curb and gutter or gutter containing the damaged portion shall be removed to the nearest joints and shall be replaced with new construction, prior to surfacing of that section of street. Concrete surface finish marred by vandals, rain or sand during setting time shall be immediately repaired with an approved epoxy material; all abused concrete surface, along with structural damage and defective flow line found at time of surfacing shall be handled as described in sentence 2 above. B. Reinforced Concrete 24" Separate Gutter (Class E Concrete) Description This item shall consist of Portland cement 24" separate gutter constructed in accordance with the typical curb and gutter sections included in these specifications and at !' locations as shown on the plans or as directed by the Engineer. 1. Subgrade Preparation (See Section V-2) 2. Reinforcing Steel - See Section 3 Under Materials of Construction r 3. Placement of Reinforcement Care shall be taken to tie the (3) three horizontal # 3 bars to the (3) three vertical # 3 bar pins at a point 3" above the bottom. C. Reinforced Concrete Valley Gutters (Class C and Class E Concrete) Description This item shall be constructed of class C concrete for thoroughfare or collector street valley gutters and Class E concrete for residential street valley gutters and consists of the construction of an eight (8) inch concrete slab on thoroughfare or collector streets or a (6) inch concrete slab on residential streets reinforced with 4- Number 3 bars on one and one-half (1-1/2) foot spacing for 5 foot wide valley gutters,(Cross bars shall be 13 bars 4 1/2 feet long) or with 6"x6" 6 gauge wire mesh. Fillet areas shall be reinforced as shown on the plans and constructed to the lines and grades as shown on the plans and as designated by the Engineer. Details of construction M&I are the same as for curb and gutter where they can be directly applied. 1. Subgrade Preparation (See Section V-21 2. Reinforcing Steel - See Section 3 under Materials of Construction. 3. Placement of Reinforcement Care shall be taken to hold the steel in the center of the slab, high chairs or precast concrete blocks shall be located at three (3) foot centers. Lapping distance shall be 40 diameters, and the lap shall be tied at three points with wire if steel bars are used. D. Reinforced Alley Paving Slab and Alley Returns (Class E Concrete) Description This item shall consist of reinforced concrete paving of variable thickness (5" to 7-1/211) constructed in the center 10 feet of alleys and shall be constructed of Class E concrete. All alley paving and alley returns shall be constructed in accordance to the Alley Paving Details. 1. Forming Forms for alley slab shall be placed where necessary to form the outside edge of slab (where slab is not bordered by concrete curb and gutter or other permanent improvements such as building, docks, etc.)and where necessary to form construction and expansion joints (See "Alley Paving Details" on plans). On all edges, joints, etc. to be formed, the forms shall extend the entire depth of concrete. 2. Subgrade Preparation (See Section V-2) 3. Reinforcing Care shall be taken to securely hold the welded wire mesh 3" above the bottom of the slab by use of high chairs or pre -cast concrete blocks. Concrete shall not be poured during sandstorms. Concrete shall be protected to maintain temperature of not less than 50 degrees F. for five (5) days after placement. If `aggregate andwaterare heated, they shall not be heated above 90 degrees F. Concrete shall not placed when the V-6 r ambient temperature is less than 40 degrees F. It shall be the responsibility of the Contractor to anticipate as r, nearly as possible changes in weather conditions which could effect the placement and protection of the concrete, and to be prepared to protect freshly placed concrete when sudden changes in the weather make such protection necessary. 4. Finishing Concrete shall be deposited so as to conform roughly to the finished cross-section. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. Extra water will not be added for finishing. The shape and flow line of the alley paving slab may be established by the use of two (211) inch by four (411) inch wood screeds, or other approved removable devices, accurately staked to line and grade. If such devices are used they shall be in place before the final finishing of the subgrade and the subgrade shall be finished so that the concrete slab will be of the proper depth. The concrete shall be "struck off" to the true section and finished smooth by floating and troweling. The final finish shall be provided by brushing to provide a nonskid surface for traffic. Particular care shall be taken in the final troweling and finishing so that the finished slab presents a smooth straight surface without waves in the edge and without pockets in the flow line. 5. Curing and Protection All concrete work shall be covered with burlap or other suitablematerialas soon as it has set sufficiently to prevent marking and kept wet continuously for at least (4) days. Care shall be taken to prevent mechanical injury to concrete work during this period and until the work is accepted. Any work damaged prior to acceptance shall be repaired by the Contractor at his own expense and to the satisfaction of the City Engineer. The City sanitation Department shall be notified of all shall be closed to traffic. The Contractor shall properly flare and barricade alley returns and alleys during the period of construction and as long afterward as the Engineer may require for curing and achieving strength. Before opening alley returns to traffic, the contractor shall properly fill and level by hand, (no maintainer shall be used until full strength of concrete is V-7 achieved), the adjacent approaches from the street and alley. In all cases, no alley or alley return.shall be opened to traffic without the approval of the City Engineer. 6. Removing Forms Special care is required of the Contractor in his removing of pins and moving of forms. Pins shall be pulled.from the ground to free forms. If hammering is found to be necessary a light, one (1) pound hammer shall be used. The contractor shall not place forms or pins on newly finished concrete. Loading and unloading of forms from a truck shall be executed by two workmen. It is the duty of the Contractor to remove any warped forms found in any section of forms, before it is poured. When forms are pointed out as defective, those forms shall then be removed from the job site and not returned until they have been inspected by the Engineer. 7. Replacement of Damaged Concrete or Concrete Surface Only patching of very minor nature will be allowed in ,alley paving. Any substantial damage occuring to the alley paving prior to the acceptance :of the unit in which the damage occurs will be remedied by removal and -replacement of the entire section or sections of alley paving.that has been damaged. Any slab removed to a joint other.than a doweled expansion joint will -be replaced using joint section B-B in the Special Detail Sheets of these specifications. Extreme care shall be taken by the Contractor during "Setting -Up" period to prevent vandals, sand or rain from marring the ;surface finish to avoid being handled as described in sentence 2, above. E. Reinforced Concrete Median Curb (Class A Concrete This item shall consist of reinforced concrete slab (611) inches thick and may be placed on asphalt surface on caliche base, or on asphalt surface on concrete base. Median slab shall be dowled as shown on the plans. Details of concrete placement, finishing, and curing shall be used where applicable. 1. Subgrade Preparation (See Section V-2) F. Reinforced Concrete Railroad Crossing (Class F Concrete) Description V-8 F This item shall consist of the construction of Class F reinforced concrete as shown on Concrete Railroad Crossing PM Details. (File #2-B-92 (2]). 1. Subgrade Preparation (See Section V-2) 2. Reinforcing Steel Bars to be Used) Reinforcing steel to be used on this project shall conform to A.S.T.M. Designation A-432 and shall be deformed to A.S.T.M. 305 requirements. 3. P—lacement of Reinforcement Care shall be taken to hold the (1/211) bars above the bottom of the foundation slab and above the railroad ties �^ as shown on the plans. In the top slab the vertical and horizontal bars shall be securely tied with wire. r, G. Reinforced Concrete Drainage Slabs (Class A Concrete) This item shall consist of a concrete slab (511) thick and containing wire mesh reinforcing which shall conform to r" "Standard Specification for Welded Steel Wire Fabric For Concrete Reinforcement" ASTM Designation A-185, or approved fiber reinforcement. 1. Subarade Preparation (See Section V-2) H. Concrete Pavement - Class C Concrete Description This item shall consist of a pavement of portland cement concrete, with reinforcement as shown on plans, r' constructed as herein specified on the prepared subgrade and one inch of sand cushion or other base course in conformity with the thickness and typical cross sections shown on plans and to the lines and grades established by the Engineer. Concrete shall be considered of satisfactory ` quality provided it is made (a) of materials accepted for the job, (b) in the proportions established by the Engineer and (c) Mixed placed, finished and cured in accordance with the requirements herein specified. Materials 1. Cement The cement shall be Type I or Type III standard brand of Portland cement. If the use of high early strength cement is not specified, and the Contractor desires to use it, he shall obtain written permission of the Engineer and shall I V-9 assume all additional costs incurred by the use of such cement. Type I and Type III cement shall conform to the requirements of ASTM C150. When Type III cement is used, the average strength at the age of 7 days shall be higher than that attained at 3 days. Either the tensile or the compression tests may be used for either type cement. In addition to the requirements of ASTM Designation C150, the specific surface area of Type I cement shall not exceed .2,000 square centimeters per gram as measured by the Wagner Turbidmeter in accordance with Test Method Tex-310- D. 2. Admixtures Unless otherwise provided in the plans or special provisions, approved types of admixtures to minimize segregation, to improve workability, or to reduce the amount of mixing water may be used in>the rate of dosage specified by the Engineer. Admixtures shall not be used to replace cement. Admixtures shall comply with all the requirements and be measured and dispensed in accordance with T.H.D. Item 437, "Concrete Admixtures". 3. Coarse Aggregate. Coarse aggregate shall consist of durable particles of crushed limestone (Brownwood Type) of reasonably uniform quality throughout, free from injurious amounts of salt, alkali, vegetable matter or other objectionable material, either free or as an adherent coating on the aggregate. It shall not contain more than 0.25 percent by weight of clay lumps, nor more than 1.0 percent by weight of shale nor more than 5.0 percent by weight of laminated and/or friable particles when tested in accordance with Test Method Tex-413-A. Coarse aggregate shall have a wear of not more than 45 percent when tested according to Test Method Tex-410-A and when tested by standard laboratory methods shall meet the following grading requirements: Retained on 1-3/4" sieve......................0% Retained on 1-1/2" sieve................0 to 5 % Retained on 3/4" sieve.................30 to 65% Retained on 3/8" sieve.................70 to 90% Retained on No. 4 sieve.. ..... oo ... —95 to 100% V-10 I Loss by Decantation Test Method Tex-406-A ...1.0% Maximum All aggregate shall be handled and stored in such a manner as to prevent size segregation and contamination by r, foreign substances. When segregation is apparent, the aggregate shall be remixed. At the time of its use, the t aggregate shall be free from frozen material. Aggregate that contains more than 0.5 percent free moisture by weight shall be stockpiled for at least 24 hours prior to use. r. Adequate storage facilities shall be provided for all approved materials. The intermixing of nonapproved materials with approved materials either in stockpiles or in bins will not be permitted. Aggregates from different r sources shall be stored in different stockpiles unless otherwise approved by the Engineer. �^ Aggregates shall be stockpiled in such a manner to prevent segregation, and maintained as nearly as possible in a uniform condition of moisture. Each aggregate stockpile shall be reworked with suitable equipment as required by the Engineer to remix the material to provide uniformity of the stockpile. .. 4. Fine Aggregate. �- Fine aggregate shall consist of sand or a combination of sands, and shall be composed of clean, hard, durable,uncoated grains. Unless otherwise shown on plans, the acid insoluble residue of the fine aggregate shall be not less than 28 percent by weight when tested in accordance with Test Method Tex-612-J. 5. Fine Aggregate Exclusive of Mineral Filler Fine aggregate shall be free from injurious amounts of salt, alkali or vegetable matter. It shall not contain more than 0.5 percent by weight of clay lumps. When subjected to the color test for organic impurities, Test Method Tex-408-A, the fine aggregate shall not show a color darker than the standard. Unless specified otherwise, fine aggregate shall meet the following grading requirements: Retained on 3/8" sieve...................0.0% Retained on No.4 sieve................0 to 5% V-11 Retained on No. 8 sieve .......... .4..0 to 20% Retained on No. 16 sieve ............ 15 to 30% Retained on No. 30 sieve ............. 35 to 75% Retained on No. 50 sieve ............ 70 to 90% Retained on No. 100 sieve .......... 90 to 100% Retained on No. 200 sieve .......... 97 to 100�' Fine aggregate will be subjected to the Sand Equivalent Test (Test Method Tex-203-F). The sand equivalent value shall not be less than 80, or less than the value shown on the'plans, whichever is greater. 6. Mineral Filler Mineral filler shall consist of clean stone dust, crushed sand, crushed shell or other approved inert material. When tested in -accordance with Test Method Tex-401-A, it shall meet the following requirements: Retained on No. 30 sieve........................0% Retained on No. 200 sieve.................0 to 35% At the time of its use the mineral filler shall be free from frozen material, and aggregate containing foreign material will be rejected. 7. Mixing Water Water for use in concrete and for curing shall be free from oil, acids, organic matter or other deleterious substances and shall not contain more than 1,000 parts per million of chlorides as CL. nor more than 1,000 parts per million of sulfates as SO4. Water from municipal supplies approved by the State Health Department will not require testing, but water from other sources will be sampled and tested before use. Test procedure shall be in accordance with AASHTO Designation: T,26. S. Steel Dowel Bars Steel bar dowels, if'used'in accordance with provisions of project plans, shall be of the size and type indicated on V-12 1 plans and shall be open-hearth, basic oxygen or electric - furnace steel conforming to the mechanical properties specified for grade 60 in ASTM Designation: A615. The free end of dowel bars shall be smooth and free of shearing burrs. 9. Steel Reinforcement Unless otherwise shown on the plans, steel reinforcing bars as required including the tie bars shall be open- hearth, basic oxygen or electric -furnace new billet steel of Grade 60 or Grade 40 for concrete reinforcement. Bars that require bending shall be Grade 40 conforming to requirements of ASTM A-615. High yield reinforcing steel shall be either (1) open- hearth, basic oxygen or electric -furnace new billet steel l conforming to the requirements of ASTM A-615 Grade 60 or (2) rail steel bars for concrete reinforcement, conforming to the requirements of ASTM A-616 Grade 60. (Bars produced by piling method will not be accepted). Where prefabricated wire mats are specified or permitted, the wire shall be cold worked steel wire conforming to the requirements of ASTM A 496, except that steel shall be made by open-hearth, electric -furnace, or basic oxygen processes. The prefabricated wire mats shall conform to the requirements of ASTM A 497. Mats that have been bent or wires dislocated or parted during shipping or project handling shall be realigned to within one-half inch of the original horizontal plane of the mat. Mats with any portion of the wires out of vertical alignment more than one-half inch after realignment and/or wires dislocated or mutilated so that, in the opinion of the Engineer, they do not represent the original mat, shall be rejected. The mats may be clamped or wired so that the mats will retain the horizontal and vertical alignment as specified by the plans or as approved by the Engineer. Deformed wire may be used for tie bars and load transfer bars that require bending. When fabricated steel bar or rod mats are specified, the mats,shall meet the requirements,of ASTM A-184. r l 10. Mechanical Vibratory Equipment All concrete placed for pavement shall be consolidated by approved mechanical vibrators designed to vibrate the concrete internally. The internal type will be used for full -depth placement. Vibratory members shall extend across the pavement practically to, but shall not come in V-13 r contact with the side forms. Mechanically operated vibrators shall be operated in such a manner as to not interfere with the transverse or longitudinal joints. Separate vibratory units shall be operated at sufficiently close intervals to provide uniform vibration and consolidation to the entire width of the pavement. The frequency in air of the internal spud type vibratory units shall be not less than 8,000 cycles per minute and not less than 5,000 cycles per minute for tube types and the method of operation shall be as directed by the Engineer. The Contractor shall have a satisfactory tachometer available for checking the vibratory elements. The pavement vibrators shall not be used to level or spread the concrete but shall be used only for purposes of consolidation. The vibrators will not be operated where the surface of the concrete, as spread, is below the elevation of the finished surface of the pavement, except for the first lift of concrete where the double strike off method of placement is employed, and the vibrators shall not be operated for more than 15 seconds while the machine upon which they are installed is standing still. - Approved hand manipulated mechanical vibrators shall be furnished in the number required for provision of proper consolidation of the concrete along forms, at joints and in areas not covered by mechanically controlled vibrators. These vibrators shall be sufficiently rigid to insure control of the operation position of the vibrating head. Complete and satisfactory consolidation of the concrete pavement is a most important requirement of this specification. Cores taken shall be carefully examined for voids, honeycombing or other evidence of incomplete consolidation. If such evidence is present, changes in the consolidation procedures and/or equipment will be made to insure satisfactory consolidation. 11. Finishing Machine-Fininshing. All concrete pavement shall be finished mechanically with -.approved power -driven machines, except as herein provided. Hand -finishing will be permitted on the transition from a crowned section to a superelevated section without crown or curves, and on straight line superelevation sections less than 300 feet in length. Hand -finishing will also be permitted on that portion of a widened pavement outside the normal pavement width, on sections where the pavement width is not V-14 RN uniform, or required monolithic widths are greater than that of available finishing machines. r Machine -finishing of pavement shall include the use of power -driven spreaders, power -driven vibrators, power - driven transverse strike -off, and screed, or such alternate equipment as may be substituted and approved by the Engineer. All concrete shall be consolidated by a mechanical vibrator. As soon as the concrete has been spread between the forms, the approved mechanical vibrator shall be operated to consolidate the concrete and remove all voids. Hand -manipulated vibrators shall be used for areas not covered by the mechanical vibratory unit. The transverse finishing machine shall first be operated to compact and finish the pavement to the required section and grade, without surface voids. The machine shall be operated over each area as many times and at such intervals as directed. At least two trips will be required and the last trip over a given area shall be a continuous run of not less than 40 feet. After completion of finishing with the transverse finishing machine a transverse drag float may be used. The consistency of the concrete as placed should allow the completion of all finishing operations without the addition of water to the surface. When field conditions are such that additional moisture is needed for the final concrete surface finishing operation, the required water shall be applied to the surface by fog spray only and shall be held to a minimum. 7 After finishing is complete and the concrete still workable, the surface shall be tested for trueness with an k approved 10-foot steel straightedge. The straightedge shall be operated from the side of the pavement, placed parallel to the pavement centerline and passed across the slab to reveal any high spots or depression. The 7 straightedge shall be advanced along the pavement in successive stages of not more than one-half its length. Practically perfect contact of the straightedge with the surface will be required, and the pavement shall be leveled to this condition, in order to insure conformity with the surface test required below, after the pavement !■- has fully hardened. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal float over the area. The surface test with the straightedge shall then be repeated. V-15 For one -lane pavement placement and uniform widening, the equipment for machine -finishing of concrete pavement shall be as directed by the Engineer but shall not exceed the requirements of these specifications. After, completion of the straightedge operation, as soon as construction operations permit, texture shall, be applied with 1/8-inch wide metal tines with clear spacing between the tines being not less than 1/4 inch nor more than 1/2 inch. If approved by the Engineer, other equipment and methods may be used, provided that a surface texture meeting the specified requirements is obtained. The texture shall be applied, transversely. It is the intent that the average texture depth resulting from the number of tests directed by the Engineer be not less than 0.060 inch with a minimum texture depth of 0.050 inch for any one test when tested in accordance with Test Method Tex- 436-A. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. 12. Proportioning of Concrete Concrete shall be composed of Portland cement; fine aggregate, coarse aggregate, mineral filler and/or admixture if used and water, mixed in proportions as approved by the Engineer in the mix design as submitted by a commercial laboratory and in the manner set forth in this specification. On the basis of job and laboratory investigations of the proposed materials, the Engineer will fix the proportions by weight of water, coarse aggregate, fine aggregate, cement, admixture and mineral filler where required, in order to produce concrete of the specified strength and workability. 13. Concrete Strength The concrete mix will be designed with the intention of producing a minimum average flexural strength (Modulus of rupture) of ;600 pounds per square inch and compressive strength of 3000 psi at 7 days and/or a 28 day compressive strength of 3,600 pounds per square inch. The coarse aggregate factor (dry, loose volume of coarse aggregate per unit volume of concrete) shall not exceed 0.85. Unless otherwise shown on plans the concrete shall contain not less than six sacks of cement per cubic yard of concrete. The water -cement ratio (net gallons of water per sack of 94 pound cement) shall not exceed 6.O gallon/sack. Concrete specimens shall be prepared,cured-and tested as outlined in THD Bulletin C-11. V-16 r r 14. Workability of Concrete t. Concrete shall be uniformly plastic, cohesive and workable. Workable concrete is defined as concrete which can be placed without honeycomb and without voids in the surface of the pavement. Workability shall be obtained without producing a condition such that free water appears on the surface of the slab when being finished as specified. Where water appears on the surface of the concrete after finishing and this condition cannot be corrected by reasonable adjustment in the batch design, the bleeding will be immediately corrected by one of the following measures or a combination of two or more of the following listed measures: a. Redesign of the batch b. Addition of mineral filler to fine aggregate c. Increase of cement content In the event that the measures taken do not eliminate the bleeding immediately, concrete placement operations will be suspended, as directed by the Engineer, and will remain suspended, until such time as additional trial mixes demonstrate that a non -bleeding batch design has been achieved. Failing to achieve a satisfactory laboratory batch design the Contractor will be required to use different materials and to submit samples thereof for additional trial mixes and pilot beams' as specified in THD Bulletin C-11. The mix will be designed with the intention of producing r- concrete which will have a slump of 1-1/2 inches when i tested in accordance with THD Bulletin C-11. The slump shall not be less than 1 inch nor more than 3 inches. r 15. Mix Design Prior to the beginning of the concrete placement, and thereafter before any change in source or characteristics of any of the ingredients except mineral filler, sufficient compression tests using various quantities of cement and aggregates proposed for use shall be supplied the Engineer for consideration. Mixes will be designed and made in sufficient number to represent a wide range of water -cement ratios. These mixes shall comply with the requirements herein prescribed for workability. From these preliminary tests the water -cement ratio required to produce concrete of the specified Pft f V-17 strength will be selected by the Engineer. The Contractor may at any time present in writing a suggested mix design and the Engineer will make the tests necessary to determine its acceptability under these specification requirements. For mixing the concrete to be used in making the preliminary test specimens, the Contractor shall furnish and operate the mixer approved for use on this project. A minimum one cubic yard batch shall be mixed or a batch of sufficient size to afford proper mixing, whichever is the greater. In lieu of the above mixer and procedure, the Contractor may furnish a portable mixer of sufficient rated capacity to mix a minimum three -sack batch; in which case, the batch mixed for the preliminary.test shall not be less than the rated capacity of the mixer furnished. No additional compensation will be allowed for equipment, materials or labor involved in making preliminary test specimens. After the mix proportions and water -cement ratio required to'.produce concrete of the specified strength have been determined, placing of the concrete may be started. `Type I,cement shall have a specified surface area within a range of 1,600 to 1,900 square centimeters per gram. A change in the specific surface of the cement of more than 100 square centimeters per gram may require a new mix design. 16. Subgrade and Forms Preparation of subgrade. Rolling and sprinkling shall be performed when and to the extent directed, and the roadbed shall be completed to or above the plane of the typical sections shown on the plans and the lines and grades established by the Engineer. Drainage of the roadbed shall be maintained at all times. Sealed or treated subgrade cut in the preparation of the subgrade or setting of pavement forms shall be resealed or the subgrade restored to the original conditions as directed by the Engineer. See Section V-2. The subgrade shall be maintained in -a smooth, compacted condition in conformity with the required section and established -grade until the pavement Is placed and shall be kept thoroughly wetted down sufficiently in advance of placing any pavement to insure its being in a firm and V-18 F. moist condition for at least 2 inches below the prepared surface. Sufficient subgrade shall always be prepared in advance to insure satisfactory prosecution of the work. No equipment or hauling shall be permitted on the prepared subgrade, except by special permission of the Engineer, which will be granted only in exceptional cases and only where suitable protection in the form of two-ply timber mats or other approved material is provided. 17. Flacincx and Removing Forms The subgrade under the forms shall be firm and cut true to grade so that each form section when placed will be firmly in contact for its whole length and base width, and exactly at the established grade. Forms shall be staked with at least three pins for each 10-foot section. A pin r" shall be placed at each side of every joint. Form sections shall be tightly joined and keyed to prevent relative displacement. Forms shall be cleaned and oiled each time r they are used. Forms shall be set for a sufficient distance in advance of the point where concrete is being placed to permit a finished and approved subgrade length of not less than 300 feet ahead of the mixing. Conformity of the grade and alignment of forms shall be checked immediately prior to ^' placing concrete, and all necessary corrections made by the Contractor. Where any forms have been disturbed or any subgrade becomes unstable, the forms shall be reset and ,. rechecked. In exceptional cases, the Engineer may require stakes driven to the grade of the bottom of the forms. Sufficient stability of the forms to support the equipment operated thereon and to withstand its vibration without r springing or settlement shall be required. If forms settle f and/or deflect over 1/8 inch under finishing operations, paving operations shall be stopped and the forms shall be �- reset to line and grade. Forms shall remain in place for not less than 12 hours after the concrete has been placed. They shall be carefully removed in such a manner that little or no damage will be done to the edge of the pavement. Any damage resulting from this operation shall be immediately repaired. After the forms have been removed, the ends of all joints shall be cleaned, and any honeycombed areas pointed up with approved mortar. Immediately after pointing is completed, the form trench, if used, shall be filled with earth from the shoulders in such a manner as to shed water from rainfall or curing away from the edge of the pavement. On completion of the required curing, the V-19 7 subgrade or shoulders adjacent to the pavement shall be graded in a condition to maintain drainage. Allowable grade revisions shall in no way affect the governing finishing and surface requirements of the completed pavement. All grade revisions shall be established by the Engineer. No additional payment over the contract unit price will be made for any pavement of a thickness exceeding that required on the plans as a result of adjustment of the forms. I. Concrete Mixing and Placing 1. Mixing The aggregates, mineral filler if required, cement and water shall be measured separately, introduced into the mixer, and mixed for a period of not less than 50 seconds nor more than 90 seconds, measured from the time the last aggregate enters the drum to the time discharge of the concrete begins. The required water shall be introduced into the mixing drum during the first 15 seconds of mixing. The entire contents of the drum shall be discharged before any materials of the succeeding batch are introduced. The Engineer may increase the minimum mixing time to that necessary to produce thoroughly mixed concrete based on inspection or appropriate uniformity tests. The mixing time may be varied at any necessary to produce acceptable concrete. If Ready -Mix concrete is used, the concrete shall be discharged into the specified hauling equipment and delivered to the road site. If truck agitators are used, the concrete shall be continuously agitated at not less than one nor more than six rpm as directed by the Engineer. The initial batch of concrete mixed after each time the mixer is washed out shall be enriched by additional mortar. The additional mortar shall be one sack of cement and three parts of sand. 2. Placing Any concrete not placed as herein.prescribed within 30 minutes after mixing shall be rejected and disposed of as directed except as provided otherwise herein. Except by V-20 l specific written authorization of the Engineer, concrete shall not be placed when the temperature is below 40 F, �. the temperature being taken in the shade and away from artificial heat. When such permission is granted, the Contractor shall furnish an approved enclosure, such as canvas -covered framework, to enclose and protect all pavement so placed, and shall maintain the temperature of the air surrounding r- the concrete at not less than 50OF for not less than 5 j days. When concrete is being placed in cold weather, other than under the conditions stated above, the Contractor shall have available a sufficient supply of an approved covering material to immediately protect concrete if the air temperature falls to 320F, or below, before concrete has been placed 4 hours. Such protection shall remain in ^ place during the period the temperature continues below 320F or for a period of not more than 5 days. Neither salt nor other chemical admixtures shall be added to the �,. concrete to prevent freezing. The Contractor shall be responsible for the quality and strength of concrete under C cold weather conditions and any concrete damage by - freezing shall be removed and replaced at his expense. 7 Concrete shall not be placed before sunrise and shall not be placed later than will permit the finishing of the pavement during sufficient natural light. rConcrete shall be placed only on approved subgrade or sub- base, and unless otherwise indicated on plans, the full width of the pavement shall be constructed monolithically. The concrete shall be deposited on the subgrade or sub- base in such manner as to require as little rehandling as possible. Where hand spreading is necessary, concrete ^ shall be distributed to the required depth by use of shovels. The use of rakes will not be permitted. Workmen will not be permitted to walk in the concrete with any earth or foreign material on their boots or shoes. The placing of concrete shall be rapid and continuous. Concrete shall be distributed to such depth that when consolidated and finished, the slab thickness required by plans will be obtained at all points and the surface shall not, at any point, be below the established grade. Special ,^ care shall be exercised in placing and spreading concrete against forms and at all joints to prevent the forming of honeycombs and voids. r If in the opinion of the Engineer, the temperature, wind and/or humidity conditions are such that the quality of the concrete will not be adversely affected, the specified placing time may be extended to a maximum of 45 minutes. ^ V-21 r 3. Reinforcing Steel All reinforcing steel, including steel wire fabric reinforcement, tie bars, and dowel bars shall be accurately placed and secured in position in accordance with details shown on plans. Reinforcing bars shall be securely wired together at alternate intersections, following a pattern approved by the Engineer, and at all splices, and shall be securely wired to each dowel intersected. When wire fabric is used, it shall be securely wired together at all splices and to each dowel intersected. Tie bars shall be installed in the required position by the method and device shown on plans or by approved method and device equivalent thereto. Tightly adhered scale or rust which resists removal by vigorous wire brushing need not be removed except that excessive loss of section to the reinforcement due to rust shall be cause for rejection. Excessive loss of section shall be defined as loss of section to the extent that the reinforcement will no longer meet the physical requirements for the size and grade of steel specified. Where.plans require an assembly of parts at pavement joints, the assembly shall be completed, placed at required location and elevation, and all parts rigidly secured in required position by the method and devices shown on plans. Dowel bars shall be accurately installed in joint assemblies in accordance with plans, each parallel to the pavement surface and to the center line of the pavement, and shall be rigidly secured in required position by such means (as shown on plans) that will prevent their displacement during placing and finishing of the concrete. 4. Joints When the placing of concrete is stopped, a bulkhead of sufficient cross sectional area to prevent deflection, accurately notched to receive the load transmission devices or dowels if required, and shaped accurately to the cross section of the pavement shall be provided and installed as a back-up for the joint filler and rigidly secured in required position to permit accurate finishing of the concrete up to.the joint. After concrete has been finished to the joint, formation of the joint seal space and finishing of the joint shall be executed. The back-up bulkhead shall remain in place until immediately prior to the time when concrete placing is resumed, when it shall be carefully removed in such manner that no element of the V-22 joint assembly will be disturbed. The exposed portion of the joint assembly shall be free of adherent concrete, �. dirt or other material at the time placing of concrete is resumed. If necessary for proper installation of joint sealer, excessive spalling of the joint groove shall be repaired to the satisfaction of the Engineer in the manner which he prescribes. Careful workmanship shall be exercised in the construction of all joints to insure that the concrete sections are completely separated by an open joint or by the joint materials and to insure that the joints will be true to the outline indicated. 5. Weakened Plane Joints Weakened plane joints shall consist of transverse contraction joints and longitudinal joints and shall be sawed as specified on the plans or as directed by the Engineer. When the joints are sawed, the saw shall be power driven, shall be manufactured especially for the purpose of sawing concrete, and shall be capable of performing the work. Saw blades shall be designed to make a clean smooth cut having a width and depth of cut as detailed on the plans. Tracks adequately anchored, chalk, string line or other approved methods shall be used to provide true alignment of the joints. The concrete saw shall be maintained in good operating condition and the Contractor shall keep a stand-by power saw on the project at all times when concrete operations are under way. If membrane curing is used, the portion of the seal which has been disturbed by sawing operations shall be restored by the Contractor by spraying the area with additional curing seal. 6. Contraction Joints Transverse contraction joints shall be formed or sawed joints perpendicular to the centerline and surface of the pavement. Where sawed joints are used, contraction joints .at approximately 10 to 15-foot intervals shall be sawed as soon as sawing can be accomplished without damage to the pavement and before 12 hours after the concrete has been placed, the exact time to be approved by the Engineer. The remaining contraction joints shall be sawed in a uniform V-23 pattern as directed by the Engineer, and they shall be completed before uncontrolled cracking of the pavement takes place. All joints shall be completed before permitting traffic to use the pavement. 7. Longitudinal Joints Longitudinal joints shall be sawed within two days after construction of the pavement. Sawing shall not cause damage to the pavement and the grooves shall be cut with a minimum of spalling. No traffic (including construction traffic) shall be permitted on the pavement until the longitudinal joint is cut. S. Joint Sealers After the joints in the hardened concrete have been repaired (if necessary) and cleaned to the satisfaction of the Engineer, the joints will be filled with the W.R. Meadows SOF-SEAL. After the sealant is installed it will effectively seal the joints against water,,dirt and stones throughout repeated cycles of expansion and contraction. 9. Asphalt Board Premolded materials, wherever used, shall be anchored to the concrete on one side of the jointbymeans of copper wire or nails not lighter than No. 12 B&S gage. Such anchorage shall be sufficient to overcome the tendency of the material to fall out of the joint. 10. Spreading and Finishing All concrete pavement shallbeconsolidated by a mechanical vibrator. As soon as the concrete: has been spread between the forms, the approved mechanical vibrator shall be operated to consolidate the concrete and remove all voids. Hand manipulated vibrators shall be used for areas not covered by the mechanical vibratory unit. After finishing is completed and the concrete still workable, the surface shall be tested for trueness with an approved 10-foot steel straightedge. The straightedge shall be operated from the side of the pavement, placed parallel:to the pavement centering and passed across the slab to reveal any high spots or depressions. The straightedge shall be advanced along the pavement in successive stages of not more than one-half its length. Practically perfect contact of the straightedge with the surface will be required, and the pavement shall be leveled to this condition, in order to insure conformity V-24 I' E with the surface test required after the pavement has fully hardened. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal float over the area. The ` surface test with the straightedge shall then be repeated. OM Extra water will not be added for finishing. After completion of the straightedge operation, the first pass of the burlap drag shall be made as soon as construction operations permit and before the water sheen has disappeared from the surface. This shall be followed by as many passes as required to produce the desired texture depth. There shall be no unnecessary delays between passes. The drag shall be wet during use and maintained clean and free from encrusted mortar. It is the intent that the average texture depth resulting from the number of tests directed by the Engineer be not less than 0.025 inches with a minimum texture depth of 0.020 inches for any one test. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. The Contractor shall have available at all times hand brooms with stiff bristles for the purpose of providing textures when the pavement surface is in such a condition that the burlap drag or other methods being employed will not provide the desired texture. After completion of dragging and about the time the concrete becomes hard; the edge of the slab and joints shall be carefully finished as directed by the Engineer, and the pavement shall be left smooth and true to line. 11. Protection of Pavement and Opening to Traffic The Contractor shall erect and maintain the barricades required by plans and such other standard and approved devices as will exclude public traffic and traffic of his employees and agents from the newly placed pavement for the periods of time and at locations hereinafter prescribed by the Engineer. Portions of the roadway, or crossings of the roadbed required to be maintained open for use by traffic, shall not be obstructed by the above required barricades. The pavement shall be closed to all traffic, including vehicles of the Contractor, until the concrete is at least 7 days old. This period of closure to all traffic may be extended if, in the opinion of the Engineer, weather or other conditions make it advisable to provide an extension of the time of protection. V-25 At the end of the 7 day period and as long thereafter as ordered by the Engineer, and if so desired by the Contractor-, the pavement may be opened for,use by vehicles of the Contractor provided the gross weight (vehicle plus load) of such vehicles does not exceed 14,000 pounds. Such opening, however shall in no manner relieve the Contractor from his responsibilities for the work. On those sections of the pavement thus opened to traffic, all joints shall first be sealed, the pavement cleaned and earth placed against the pavement edges before permitting vehicles thereon. After the concrete in any section is 14 days old, or as long thereafter as ordered by the Engineer, such section of pavement may be opened to all traffic as required by plans or when so directed by the Engineer. On those sections of the pavement thus opened to traffic, all joints shall first be sealed, the pavement cleaned, earth placed against the pavement edges and all other work performed as required for the safety of traffic. When High Early Strength Concrete, resulting from the use of Type III cement as required by plans or special provisions, is used, the pavement may be opened to all traffic after the concrete is 7 days old, or as long thereafter as ordered by the Engineer, subject to the same provisions governing the opening after 14 days as above prescribed. Where the Contractor desires to move any equipment not licensed for operating on public streets, on or across any pavement opened to traffic, he shall protect the pavement from all damage by means of two-ply timber mats of 2 inch stock or runways of heavier material laid on a layer of earth, all as approved by the Engineer. The Engineer may require the opening of pavement to traffic prior to the minimum time specified above under conditions of emergency which in his opinion require such action in.the interest of the public. In no case shall the Engineer order opening of the pavement to traffic within less than 72 hours after the last concrete in the section is placed: The Contractor shall remove all obstructing materials, place earth against the pavement edges and perform other work involved in providing for the safety of traffic as required by the Engineer in ordering emergency opening. Orders for -emergency opening of the pavement to traffic will be issued by the Engineer in writing V-26 2. EARTH WORK A. Subgrade Preparation for curb and gutter, streets, paving (asphalt and concrete) alley returns, alley paving, valley gutters, and earth work. Description Sub -grade preparation shall include the removal, haul and disposal of all obstructions, including existing curbs, gutters, paving materials, base materials, concrete slabs and other obstructions shown on the plans or as designated PM by the Engineer and all scarifying, pulverizing, wetting, disking, blading and rolling with compactors to a depth of at least 6" on residential streets and to a depth of 12" r, on major thoroughfares and collector streets. Compactors will be used from the bottom to the finished sub -grade elevation to compact the subgrade to 95% Standard Proctor Density (A.S.T.M. D-698) in conformity to the line, grade and sections as shown on the plans or as established by j the Engineer. After the obstructions have been removed, or in conjunction with such removal, the street bed and/or alley return foundation and/or sidewalk foundation shall be excavated and shaped in conformity with the typical section and to the line and grades as shown on the plans or as established by the Engineer. All unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved material. The excavation shall be done in such a manner as to require a minimum of fill to bring the subgrade to the correct elevation. When the subgrade is too low as initially excavated, the Contractor shall place additional soil or caliche in layers not exceeding four (411) inches and compact each layer by moistening and rolling. 1. Scraper Work The utilization of a scraper for excavation and shaping of subgrade and base is permitted with exceptions which are determined by depths of utility lines. Unless otherwise specified by the Engineer, the scraper shall not exceed 23 cubic yards capacity as rated loaded flush by the manufacturer. 2. Compaction Subgrade shall be compacted to 95% Standard Proctor Density (A.S.T.M. D-698) for all improvements except V-27 r d thoroughfare and collector street paving. Subgrade shall be compacted to 100% Standard Proctor Density for thoroughfare and collector street paving. Density tests (A.S.TM. D-2922) will be performed and test rolling will be observed by City inspectors. Swelling subgrade (soils with plasticity indexof20 or more) shall be sprinkled as required to provide not less than optimum moisture during compaction. Other subgrade soils will be compacted at a moisture content of plus or minus 2% of 2% below optimum moisture or other moisture content directed by the Engineer. Test rolling will be accomplished with a 25 ton pneumatic tire roller or other pneumatic tire roller approved by the Engineer. The Engineer may require up to six passes of the roller in determing the condition of the subgrade. Any soft or unstable areas found by test rolling will be corrected by removing the soft or unstable material and replacing it with suitable compacted to specified density. The areas so corrected shall be test rolled as specified above. 3. Intersection Special care shall be exercised in grading street intersections where dips are located so that the cross profiles present a smooth riding surface and so that the compacted base thickness will not be less than six (611) or nine (911). Crown section shall begin to decrease 60 feet back of end of radius for residential streets. Wider street dips will be blue topped as shown on the detail sheet. 4. prosecution of the Work The Contractor may proceed with subgrade preparation on any schedule he may select except that, unless hindered by factors beyond his control, not more than seven (7) calendar days shall elapse between the time subgrade preparation is begun and the spreading and compacting of the base has started. Measures shall be by the contractor not to leave driveways impassable during the night hours. 5. Excess Materials Materials excavated in excess of that needed in fill and backfill behind curb shall be wasted by the Contractor. V-28 Care shall be taken by the Contractor to use only topsoil in the backfill behind the curbs. The Contractor may dispose of the surplus excavated material in any manner r not objectionable to the public, and it is his responsibility to locate a suitable site for dumping the waste excavation. In any event, the Contractor shall not *- dispose of the surplus materials in any of ';the lake areas teither outside or within the city limits. Location of disposal 'sites near any lake area must be approved by the OM Engineer. 6. Subgrade for Alley Paving r The preparation of the subgrade for concrete alley paving shall be done in the same manner as other subgrade excavation which requires scarifying, wetting, disking, r blading, rolling, and compacting. The Contractor will be required to excavate around existing improvements such as gas meter, water meters, poles, etc. Each of these OWN obstructions shall be the responsibility of the Contractor. Trees that conflict with the improvements shall be removed by the Contractor upon approval of the Engineer. r i r The Contractor shall shape to subgrade to the cross- section shown on the plans and to the lines and grades established by the Engineer. After the forms are set and before the reinforcing is placed, the Contractor shall finally shape the subgrade so that there will be a minimum thickness of concrete of five (511) inches at the centerline and seven and one-half inches (7-1/211) at the outside edges. All areas where fill material is required shall be compacted. The subgrade shall be wetted and rolled to secure 90% Proctor Density in the upper six (611) making a firm foundation for the alley paving. The Contractor will be required to shape the portion of the alley outside of the limits of the concrete slab so that all drainage in the alley will be to the invert of the concrete slab. Excess excavated materials shall be hauled to any approved location. B. Embankment Description Prior to placing any embankment, all "Preparing Right -Of - Way" and/or "Clearing and Grubbing" operations shall have been completed on the excavation sources and areas over which the embankment is to be placed. Stump holes or other small excavations in the limits of the embankment shall be V-29 7 backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed loosened ground, or surface roughened by small.washes or otherwise, shall be restored to approximately its original slope by blading or other methods and where indicated on plans or required by the Engineer, the ground surface thus prepared shall be compacted by 'sprinkling and .rolling. Where embankments are to be placed adjacent to or over existing roadbeds, the roadbeds slopes shall be plowed or scarified to a depth of not less than six (611) inches and the embankment built up in successive layers, as hereinafter specified, to the level of the old roadbed before its height is increased. Then, if directed, the top of the roadbed shall be scarified and recompacted with the next layer of the new embankment. The total depth of the scarified and added material shall not exceed the permissible depth of layer. Trees, stumps, roots, vegetation, or other unsuitable materials shall not be placed in embankment. Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the roadbed and unless otherwise specified each layer shall be so constructed as to provide a uniform slope of 1/411 inch per foot from the center line of the roadbed to the outside.' Embankments shall be constructed to the grade established by the Engineer and completed embankments shall correspond to the general shape of the typical sections shown on the plans and each section of the embankment shall correspond to the detailed section or slopes established by the Engineer. After completion of the roadway, it shall be continuously maintained to its finished section and grade until the project is accepted. Except as otherwise specified, earth embankments shall be constructed in successive layers for the full width of the individual roadway cross section and in such lengths as are best suited to the sprinkling and compaction methods utilized. Layers of embankment may be formed by utilizing equipment which will spread the material as it is dumped, or they may be formed by being spread by blading or other acceptable methods from piles or windrows dumped from excavating or hauling equipment in such amounts that material is evenly distributed. V-30 Minor quantities of rock encountered in constructing earth embankment shall be incorporated in the specified embankment layers, or may be placed in accordance with the requirements for the construction of rock embankments in the deeper fills within the limits of haul shown on the plans, provided ,such placement of rock is not immediately adjacent to structures. Also, rock may be placed in the portions of embankments outside the limits of the completed roadbed width where the size of the rock prohibits their incorporation in the normal embankment layers. Each layer of embankment shall be uniform as to material, density and moisture content before beginning compaction. Where layers of unlike materials abut each other, each layer shall be featheredged for at least 100 feet or the material shall be so mixed as to prevent abrupt changes in the soil. No material placed in the embankment by dumping in a pile or windrow shall be incorporated in a layer in that position, but all such piles or windrows shall be moved by blading or similar methods. Clods or lumps of material shall be broken and the embankment material mixed by blading, disking, or similar methods to the end that a uniform material or uniform density is secured in each layer. Water required for sprinkling'to bring the material to the moisture content necessary for maximum compaction shall be evenly applied and it shall be the responsibility of the Contractor to secure a uniform moisture content throughout the layer by such methods as may be necessary. In order to facilitate uniform wetting of the embankment material, the Contractor shall water at the material source if the sequence and methods used are such as not to cause an undue waste of water. Such procedure shall be subject to the approval of the Engineer. 1. Compaction The compaction method shall require that each layer shall be compacted to the required density by any method, type, and size of equipment which will give the required compaction. The depth of layers, prior to compaction, shall depend upon the type of sprinkling and compaction equipment used. Prior to and in conjunction with the rolling operation, each layer shall be brought to the moisture content necessary to obtain the required density and shall be kept leveled with suitable equipment to insure uniform compaction over the entire layer. For each layer of earth embankment and select material, it is the intent of this specification to provide the density as required herein, unless otherwise shown on the plans. V-31 The required compaction shall be 95% Standard Proctor Density A.S.T.M. D-698. After 'each section of'earth embankment or select material is complete, tests as necessary will be made by the. Engineer. If the material fails to meet the density specified, the course shall be reworked as necessary to obtain the specified compaction, and the compaction.method may be altered on subsequent work'ta obtain specified density. Such procedure shall be determined by, and subject'to, the approval of the Engineer. At any time, the Engineer may order proof rolling to test the uniformity of compaction of the embankment subgrade. All irregularities, depressions, weak or soft areas which develop shall be corrected immediately by the Contractor. Should the subgrade, due to any reason or cause, lose required stability, density, or finish before the pavement structure is placed, it shall be recompacted and refinished at the sole expense of the Contractor. Excessive loss of moisture in the subgrade shall be prevented by sprinkling, sealing, or covering with a _ subsequent layer of granular material. Excessive loss of moisture shall be construed to 'exist when the `subgrade soil moisture content is more than 4 percent below the optimum for compaction to Standard Proctor Density. (Also see Section V, Item 2 [A) Compaction.) At Culverts Embankments adjacent to culverts which cannot be compacted by use of the blading and rolling equipment used in compacting the adjoining sections of embankment.shall be compacted in the manner prescribed below. The following requirements shall apply to the backfilling of pipe culverts in addition to the pertinent portions of ,the general requirements given in the preceding section. After the bedding has been prepared and the pipe installed as required by the pertinent specifications, selected materials from excavation or borrow'shall be_placed along both sides of the pipe equally, in uniform layers not to exceed six (611) inches in depth (loose measurement), wetted and thoroughly compacted so that on each side of the'pipe there shall be a berm of'thoroughly compacted materials at least as wide as the external diameter of the pipe, except insofar as undisturbed material obtrudes into this -area. The method and degree of compaction shall be same as specified above. V-32 F r I r Filling and/or backfilling shall be continued in this manner to the elevation of the top of the pipe. Special care shall be taken to secure thorough compaction of the material placed under the haunches of the pipe. All fill or backfill below the top of the pipe shall be compacted mechanically in the same manner and to the density prescribed above, regardless of whether or not such material is placed within the limits of the embankment or roadbed.In the case of embankments, the remainder of the fill above the top of pipe shall be placed in accordance with the provisions for placing roadway embankment as prescribed in the pertinent specification included in the contract. No construction traffic will be permitted to cross any pipe culvert until the minimum depth of fill above the pipe as determined by the Engineer has been placed and consolidated. 3. BASE COURSE The base course shall consist of a minimum of six (611) or nine (911) inches of compacted approved caliche, black base or combination of caliche and black base material shaped in accordance with the typical cross -sections provided in the plans and to the grades established by the Engineer. A. Mauling and Placing Approved base material shall be hauled in vehicles of uniform capacity to the site and dumped evenly so that an adequate quantity of material will be placed to provide a minimum of six (611) inches of compacted base material on all units except major thoroughfares streets. On these streets the Contractor will construct nine (911) inches of compacted base material. B. Processing Processing of caliche base shall be accomplished in mulitiple lifts of three (311) inches in compacted depth. Each lift or layer shall be thoroughly moistened and rolled as it is cut from the windrow. After all of the material is cut from the windrow to the sides, it shall be cut back to the center in lifts of three (311) inches and thoroughly moistened and rolled again. Succeeding layers shall then be placed similarly until the caliche base course is completed. Caliche base shall be compacted Density (A.S.T.M. D-696) for all thoroughfare street paving shall Standard Proctor Density. V-33 to 95% Standared Proctor improvements except be compacted to 100% r Density tests (A.S.T.M. D-2922) will be performed and test rolling'for base will be observed by City inspectors. Caliche-base shall be compacted at a moisture content of plus or minus 2% of 2% below optimum moisture or other moisture content directed by the Engineer.:; The finished caliche base shall be test rolled with a 25 ton pneumatic tire or other approved roller. The Engineer may require up to six passes of the roller in determining the condition of the base. All nine (901) inch compacted caliche base shall be accomplished in three (311) inch lifts. The caliche course shall then be sprinkled as required and rolled with compactors as directed until a uniform compaction of specified "Standard Proctor Density" is secured. Throughout this entire operation, the shape of the course shall be maintained by blading; and the surface upon completion shall be smooth and in conformity with the typical sections shown on plans and to the established dines and grade. Traffic may be allowed'to travel on the caliche base, as directed by the Engineer, during construction. During this period, the caliche base shall be satisfactorily maintained by the use of water trucks, blades, drags and such other equipment as may be required. The base course shall be so maintained until the wearing surface is placed thereon. The surface shall not be placed on base course that exceeds optimum mixture by two percent (2%). Processing of asphaltic base shall be as directed by the Engineer and similar to that described under Hot Mix Asphaltic Concrete Surface. Lift thickness will be indicated by the Engineer or as shown on the paving plans: Electronic screed controls will be required for placing black base on grade. The density required will be determined by the Engineer after material,to be used has been approved. All areas and "nests" of segregated coarse or fine material shall be corrected or removed and replaced with well graded material as directed by the Engineer. Each layer of black base may be test rolled, as directed by the Engineer, with a 25 ton pneumatic tire or other approved roller requiring up to six passes before succeeding layers are placed. A delay in construction of a black base mat or surface will require test rolling and approval prior to construction of the next layer. V-34 r C. Finishing Description The compacted base shall be finished and shaped immediately preceding the application of the surface treatment. All loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller. 1. Failed Density or Weak Spots in Base The finished caliche base shall be checked for density requirements and by test rolling. Materials that fails the density requirement shall be reworked as necessary until passing. The full depth of caliche base shall be compacted to the extent necessary to remain firm and stable under test rolling. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the areas affectd, adding suitable material as required, reshaping and recompacting by sprinkling and rolling. If the Contractor chooses, he may repair the weak spot by removing the material involved and replacing it with type "C" hot mix or asphalt stabilized base. In this case, the surface may be applied as soon as the hot mix patch has been compacted and cooled to ambient temperature. 2. Allowable Deviation in Finish Immediately prior to placing of surfacing, the base shall be checked and any deviation in excess of three -eights 1318) inch from the established grade or true cross section shall be corrected as provided above for defects. Longitudinally a straightedge 10 feet long shall be used to detect any deviation which shall be corrected as defects. 4. HOT MIX ASPHALTIC CONCRETE SURFACE r A. Description r This item shall consist of 1-1/2" compacted C.O.L. Type "C" or Type "D" hot mix asphaltic concrete surface, using approved crushed stone aggregate, constructed over a compacted base. The base shall be primed and a tack coat applied as required. 1. Sampling and Testing Hot Mix Asphaltic Concrete for Compaction V-35 7 Hot mix asphaltic concrete will be accepted on;a lot basis. A lot will consist of 1000 tons or each days production and will be divided into three (3) equal sublots. Pavement density will be determined by taking the average density for each lot, from the three sublots, the average Maximum Theoretical Density, taken from trucks delivering hot mix asphaltic concrete to the site. The samples will be tested in accordance with ASTM D-2041. Each lot of compacted pavement will be accepted, with respect to density, when the average field density is within the below listed specifications. Four field density determinations will be made for each lot. Cores taken from the pavement will be used to test the field density. The density of the cored samples will be determined in accordance with ASTM D-2726. Density Specifications Based on Maximum Theoretical Density Minimum = 92.5% Optimum 96.0% Maximum = 97.5% If the mixture produced does not have the specified qualities, it shall be adjusted until it does. The pavement shall be constructed on the previously completed and approved subgrade, base, existing pavement, bituminous surface or in the case of a bridge, on the prepared floor slab, as herein specified and in accordance with the details shown on the plans. 2. Temperature Requirements A. November 1 until April 1 1. The asphaltic mixture shall not be placed when the air temperature is below 55 degrees F and falling. 2. The asphaltic mixture may be placed when the air temperature is above 50 degrees F and rising. B. April 1 till November 1 1. The asphaltic mixture shall not be placed when the air temperature is below 50 degrees F and falling. 2. The asphaltic mixture may be placed when the air temperature is above 45 degrees F and rising. V-36 r The air temperature shall be taken in the shade away from artificial heat or as reported by the National Weather Service on their hourly report (Telephone No. 762-0141). The Engineer may use his discretion to require a cover over the asphaltic mixture when being hauled from the plant to the job site. If the temperature of a load of asphaltic concrete measured while passing through the lay -down machine is 25 degrees F less than the mixing temperature, the load may be rejected by the Engineer and payment will not be made for the rejected material. 3. Preparation of Base and Areas Bordering j' The compacted base upon which the hot mix asphaltic l concrete surface is to be placed shall be prepared and cleaned, as required by the Engineer, before the prime coat is applied. 4. Prime Coat The prime coat shall consist of an application of .25 gallons per square yard of MC asphalt. 5. Tack Coat Before the asphaltic mixture is laid, the surface upon which the tack coat is to be placed shall be cleaned thoroughly to the satisfaction of the engineer. The ` surface shall be given a uniform application of tack coat using asphaltic materials of this specification. This tack coat shall be applied, as directed by the engineer, with approved sprayer. Where the mixture will adhere to the surface on which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Engineer. All contact surfaces of curbs and structures and all joints shall be painted with a thin uniform coat of 7 the asphaltic material meeting the requirements for tack coat. The tack coat shall be rolled with a pneumatic tire roller as directed by the Engineer. r 6. Transporting Asphaltic Concrete The asphaltic mixture, prepared as specified above shall be hauled to the work site in tight vehicles previously cleaned of all foreign material. The dispatching of the vehicles shall be arranged so that all material delivered may be placed, and all rolling shall be completed during day -light hours. The inside of the truck body may be V-37 given alight coat of oil, lime slurry or other material satisfactory to the Engineer, if necessary, to prevent mixture from .adhering to the body. In coolweather or for long hauls, canvas covers and insulating of truck bodies may be required. Vehicles of the semi -trailer type are prohibited. 7. Placing Generally the asphaltic mixture shall be dumped and.spread on the approved prepared surface with the specified spreading and finishing machine.in such manner that when properly compacted the finished pavement will be smooth, of uniform density and will meet the requirements of the typical cross sections and the surface tests. During the application of asphaltic material, care shall be taken to prevent splattering of adjacent pavement, curb and gutter, and structures. The surface course shall be laid in a compacted layer with a minimum compacted thickness of one and one-half inches A level up course, 1/2" or more in thickness, shall' require the use of black base or a coarse grade of hot mix approved by the Engineer. It shall be spread and compacted to lines and grades as established by the Engineer. When the asphaltic mixture is placed in a narrow strip along the edge of an existing pavement, or used to level up small areas of an existing pavement or placed in small irregular areas where the use of a.finishing machine is not practical, the finishing machine may be eliminated when authorized by the Engineer, provided a satisfactory surface can be obtained by other approved methods. Adjacent to flush curbs, gutters, liners and structures, the surface shall be finished uniformly high so that when compacted it will be slightly above the edge of the curb and flush structure. All joints shall present the same texture density, and smoothness as other sections of the course. The joints between old and new pavements or between successive day's work shall be carefully made to insure a continuous bond .between old and new sections of the course. The transverse edges of old pavement and, if required by the Engineer, the successive days pavement shall be sawed with an approved concrete saw to expose an even vertical V-38 F r surface for the full thickness of the course. All contact surfaces of previously constructed pavement shall be painted with a thin uniform coat of hot bituminous material before the fresh mixture is placed. 8. Compacting As directed by the Engineer, the pavement shall be compacted thoroughly and uniformly to the required density. The specified rollers shall be used, except as provided in paragraph (3) below. Rolling with the three wheel and tandem rollers shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive trips by at least half the width of the rear wheels unless otherwise directed by the Engineer. Alternate trips of the roller shall be slightly different in length. On super -elevated curves, rolling shall begin at the low side and progress toward the high side unless otherwise directed by the Engineer. Rolling with pneumatic roller shall be done as directed by the Engineer. Rolling shall be continued until required compaction is obtained and all roller marks are eliminated. One tandem roller, two pneumatic rollers and at least one three wheel roller, as specified above, shall be provided for each job. Additional rollers shall be'provided if needed.The motion of the roller shall be slow enough at all times to avoid displacement of the mixture. If any displacement occurs,it shall be corrected at once by the use of rakes and of fresh mixture where required. The roller shall not be allowed to stand on pavement which has not been fully compacted. To prevent adhesion of the surface to the roller, the wheels shall be kept thoroughly moistened with water, but an excess of water will not be permitted. All rollers must be in good mechanical condition. Necessary precautions shall be taken to prevent the droppings of gasoline, oil, grease or other foreign matter on the pavement, either when the rollers are in operation or when standing. When indicated on the plans or permitted by the Engineer in writing, the pavement may be compacted to the required density by the use of compacting equipment other than that specified herein. Hand tamping. The edges of the pavement along curbs, headers and similar structures, and all places not accessible to the roller, or in such positions as will not allow thorough compaction with the roller, shall be thoroughly compacted with lightly oiled tamps. V-39 Rolling with the trench type roller will be required on widening areas -in trenches and other limited areas where satisfactory compaction cannot be obtained with the three wheel and tandem rollers. 9. Surface Tests The surface of the pavement, after compaction , shall be smooth and true to the established line, grade and cross section,.and when tested with a 10 foot straight edge placed parallel to the centerline of the roadway or tested by other equivalent and acceptable means, except as provided herein, the maximum deviation shall not exceed 1/8 inch in 10 feet, and any point in the surface not meeting this requirement shall be corrected as directed by the Engineer. When placed on existing surfaces, the 1/8 inch deviation in 10 feet requirement may be waived by the Engineer. 10. Surface Density Test See Section IV, Item 10-D. Laboratory Control. il. Equipment Spreading and Finishing Machine. The spreading and finishing machine shall be of a type approved by the Engineer, shall be capable of producing a surface that will meet the requirements of the typical cross section and the surface test, when required, and shall have adequate power to propel the delivery vehicle in a satisfactory manner when the mixture is dumped into the finishing machine. The finishing machine shall be equipped with a flexible spring and/or hydraulic type hitch sufficient in design and capacity to maintain contact between the rear wheels of the hauling equipment and the pusher rollers of the finishing machine while the mixture is being unloaded. The finishing machine shall be operated in a low gear, or as directed by the Engineer, at a speed to produce a surface that will meet the requirements of the typical cross section and surface test. Any vehicle which the finishing machine cannot push or propel in such a manner as to obtain the desired lines and grade without resorting to hand finishing will not be allowed to dump directly into the finishing machine. Vehicles dumping into the finishing machine shall be mechanically and/or automatically operated in such a manner that overloading the finishing machine being used cannot occur and the required lines and grade will be obtained without resorting to hand finishing. V-40 r rDumping of the asphaltic mixture in a windrow and then placing the mixture in the finishing machine with loading equipment will be approved by the Engineer,provided that the loading equipment is constructed and operated in such a manner that substantially all of the mixture deposited on the roadbed is picked up and placed in the finishing r machine without contamination by foreign material of the mixture. The loading equipment will be so designed and operated that the finishing machine being loaded will obtain the required line, grade and surface without resorting to hand finishing. Any operation of the loading equipment resulting in the accumulation and subsequent shedding of this accumulated material into the asphaltic mixture will not be permitted. r Forms. The use of forms will not be required except where necessary to support the edges of the pavement during rolling. If the pavement will stand rolling without undue movement, binder twine or small rope may be used to align the edges. Motor Grader. The motor grader, if used, shall be self- propelled power motor grader; it shall be equipped with pneumatic tired wheels; shall have a blade length of not less than 12 feet; shall have a wheel base of not less than 16 feet ; and shall be tight and in good operating condition and approved by the Engineer. Pneumatic Tire Rollers. The pneumatic tire roller shall be An acceptable self-propelled roller mounted on pneumatic tired wheels, with the weight capable of being varied uniformly from 275 to 550 pounds per inch width of tire tread, so constructed as to be capable of being operated in both a forward and a reverse direction and shall have suitable provision for moistening the surface of the tires while operating. All tires of the same roller shall be smooth tread of equal size and diameter and shall be arranged in such a manner that the gap between the tires of one axle will be covered by the tires of the other. The tire pressure of each tire shall be adjusted as directed by the Engineer and this pressure shall not vary by more than 5 pounds per square inch. Two Axle Tandem Roller. This roller shall be an acceptable power driven tandem roller weighing not less than 8 tons. Three Wheel Roller. This roller shall be an acceptable power driven three wheel roller weighing not less than 10 tons. V-41 Trench Roller. This roller shall be an acceptable power driven trench roller equipped with sprinkler for keeping the wheels wet and adjustable road wheel so that the roller may be kept level during rolling. The drive shall be not less than 20 inches wide.The roller under working conditions shall produce 325 pounds per linear inch of roller width and be so geared that a speed of 1.8 miles per hour is obtained in low gear. Straightedges and Templates. When directed by the Engineer, the Contractor shall provide acceptable 10 foot straightedges for surface testing. Satisfactory templates shall be provided by the Contractor as required by the Engineer. All equipment shall be maintained in good repair and operating condition and shall be approved by the Engineer. The Contractor shall furnish such suitable machinery, equipment, and construction forces as may be necessary, in the opinion of the Engineer, for the proper prosecution of the work, and failure to do so may cause the Engineer to withhold all estimates which have or may become due or the Engineer may suspend work until his requests are complied with. 12. Opening to Traffic The pavement shall be opened to traffic when directed by the,Engineer. All construction traffic allowed on the pavement shall comply with City Ordinance governing traffic on City Streets. If the surface ravels,corrugates or shoves, it will be the contractor's responsibility to correct this condition at his expense. 5 CLEANUP Within three days after completion of any -Sub -Unit of paving the Contractor shall clean, remove rubbish and temporary structures from the street, restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution .of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as a part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance'of the Sub -Unit will be considered. V-42 i The cleanup shall include the sloping, filling and shaping of the area between the curb and property line. This area shall be filled with good top soil. When the ground behind the curb is higher than the top of the curb, the Contractor will be required to cut this area down to provide a smooth, even slope between the property line and the curb. 6. PROTECTION OF EXISTING UTILITIES A. Adjustment of Valves and Manholes The City Forces will place valve boxes and manholes on finished grade after the base has been finished to grade. The Contractor shall allow the City Forces at least 3 days to do this work after finishing the base and before application of asphalt. It shall be the responsibility of the Contractor to notify the Water and Sewer Department 48 hours after curb and gutter has been completed so that the City Forces can properly schedule their work. In all alleys the City Forces will set the valve boxes and manholes to grade after the forms are in place. Any variation in this.procedure that causes expense to the City shall have the approval of the Engineer, and such expense shall be borne by the Contractor. B. Installation, Adjustments. and Protection of Utilities and Traffic Installations The plans show only approximate locations of utilities as �. obtained from the various utility companies and shall not relieve the Contractor from familiarizing himself with all underground utilities. It is not implied that all existing utilities are shown on the plans. The City of Lubbock does not assume any responsibility for any utility lines which are not shown on the plans. The utility companies will attempt to move all utilities p that can be reasonably removed prior to beginning of construction; however, this does not relieve the r.. Contractor from any damage that he might do to any utility property. In case of any damage, the Contractor shall immediately notify the utility company. City Water and Sewer 767-2595 Lubbock Power and Light 767-2554 City Traffic Shop 767-2140 r Energas Traffic Shop 741-4200 7 V-43 Southwestern Public Service 763-2881 Southwestern Bell Telephone 741-6101 Cox Cable of Lubbock 793-2222 City Traffic Engineering 767-2132 Sequence: The sequence of utility adjustments has been mutually agreed upon by the utility companies in the City of Lubbock and will attempt to follow the following schedule: Plans for contract project will be delivered to all utility companies two weeks prior to opening bids. As a general rule, these projects will have been staked. The utility companies will relocate all items necessary, locate and flag all meters, valves, manholes, underground cables, etc., prior to the date the Contractor is to begin construction. After the subgrade is completed on alley paving projects, and after the base is completed on all street paving projects, all manholes, valve boxes , etc., will be set to finished grade by the utility companies. The site shall be left in a clean condition. on all projects, including private contracts, the Contractor shall exercise care not to damage any sanitary sewer pipe or manholes, storm sewer pipe or manholes, or telephone cable or manholes, water or gas lines, valve boxes , meter boxes, nor any other pipe or utility. If necessary, the Contractor shall call the department or company concerned and make arrangements for adjusting the manhole, valve box, meter box,or other utility to grade. on all projects for which he is awarded a contract, the Contractor will be responsible during the construction period for any damages to manholes, valve boxes, meter boxes, and other utilities. Should any item be damaged during the process of construction, the Contractor is to notify the affected utility company and the City inspector. The utility company will immediately repair the damaged item. Any bills for damage will be sent through the Department of Engineering. The Department of Engineering will process all bills and fix responsibility for damage and govern the extent of repair. V-44 P"^ Private contracts do not have plans, but utility companies will be furnished cut sheets and notified of impending construction by letter. Other items such as adjustments, damages, etc. will be handled the same as for bid let projects. The utility companies will schedule their work with the Contractor. When utility adjustments commence before the contract is awarded, it will be the responsibility of the utility company to barricade the project. Unless otherwise agreed upon by the City and the utility companies involved, the sequence of installation of underground utilities shall be as follows: Utility Sewer Electric (Primary) Electric (Secondary) Telephone T.V. Cable Water Gas Traffic Engineering Sequence First Second Third Fourth (last if no power or T.V.) Fifth Sixth Seventh Eighth On all projects, including private contracts, the Contractor shall not place curb and gutter or base material at points where underground utilities cross or propose to cross until such utilities have been adjusted or installed. 9. TOLERANCE IN PAVEMENT THICKNESS The thickness of the pavement shall be determined by average caliper measurement of cores tested in accordance with ASTM C-174. Pavement thickness shall be not less than the specified minimum thickness. When the measurement of any core is less than the specified minimum thickness, the actual thickness of the pavement in V-45 this area shall be detemined by taking additional cores at not less than 10-foot intervals parallel to the centerline in each direction from the affected location until each direction from the affected location until in each direction a core is found which is not deficient. Areas found deficient in thickness shall be removed and replaced with pavement of the minimum thickness specified. Cores shall be.obtained at the discretion of the Engineer. V-46 TYPICAL ALLEY ALLEY RETURN PLAN VIEW NOTE: Curb 6 gutter, fillets and slab to be poured together. TC ELEV 99.X/i [* I 6" Concrete slab with 6■6 6/6 wire mesh. Dummy contraction jts. 10 Property line It TO BE USED WHEN ALLEY WIDTH IS l5 . W 4 1' 2.5' r r r� c 0 0 0 0 PLATE No.7 Scale: I"= 5' HEIGHT of CURB AT THIS P01HT G! 1/2" Bituminous premolded expansion joint. :n• /2 III �.11•I�III ��. ..,;...;..�:o:i• .::�;e:� •��—.:�—�►,•�;1 .519c riow VIEW /it = 2' GGUTT ER F20AV7— V/EW /'' = 5' NOTE: A skid resistant surface shall be made of the 3'x 5.5' ramp section utilizing a diamond mesh pattern (or equivalent pattern approved by the engineer). Mini" pattern openings shall be 3/4" x 1/2", maximum openings shall be 2" x 3/40. The 3' x S.S' ramp section shall be marked using a 4" wide Yellow stripe placed longitudinally along each outside edge of the ramp section. The yellow stripe may be painted or taped as per City of Lubbock specifications. / RAMP : 44.0 f 1z Concrete Flotwork PLATE No.6 November,1992 eR 3" R 'f Down curb section. iP N r 24�� 9•II/tb" 4•V4 24" NOTE : Contractor may use either of the above sections. I" me • --) ,1 9 1 TYPE A TYPE B TYPE C Ii�• a '�............ i 24'• NOTE : Reinforced gutter section pill be constructed with three No. 3 bars running the entire length of the driveway section and the three horizontal bars will be supported with choirs, an a spacing to glue accurate placern"t Ol O z J 'TYPICAL CURB AND GUTTER SECTIONS 2000lb-7 day Conc.—I 2 1 SCALE I" = 5' PLAN - 1/2 01 1-1 /2" - LHigh chairs SCALE 1"=2' Section A - A WFI nFn Wfor CA00If' Street Width 3d Style 6x6-6/6 6x6-6/6 6x6-6/5 6x6-6/6 Area 230 260 290 340 Weight 98.9 111.8 1124.7 146.2 CONCRETE 'VALLEY GUTTER DETAIL 2 -A-99 SPECIAL CONDITIONS (THIS PAGE LEFT BLANK INTENTIONALLY) 7 SPECIAL CONDITIONS 1. CHANGES IN THE WORK The Local Public Agency may make changes in the scope of the work required to be performed by the Contractor under the Contract or making additions thereto, or by omitting work therefrom, without involving the Contract, and without relieving or releasing the Contractor from any of his obligations under the contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the contract, unless in pursuance of a written order from the local Public Agency authorizing the Contractor to proceed with the change. No claim for an adjustment of the contract price will be valid unless so ordered. If applicable unit prices are contained in the agreement (established as a result of either a unit price bid or a Supplement Schedule of Unit Prices) the Local Public Agency may order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty- five (25%) percent. 2. SUPERINTENDENCE The Superintendent and/or his assistants will not be allowed to serve two functions simultaneously, such operating machinery and acting as Superintendent at the same time. The Superintendent must be free of individual responsibilities to enable him to give the entire project his constant attention to facilitate the progress thereof. t"^ 3. PROSECUTION OF WORK The Contractor may proceed with subgrade preparation of earthwork on any schedule that he may select and on any location in the contract unless hindered by factors beyond his control. Not more than three (3) 'calendar days shall elapse between the time subgrade preparation is begun and the time of spreading and compaction of the caliche base. During the construction the Contractor is to close to traffic streets as directed by the Engineer. The Contractor will, before starting any work on any street, erect barricades and signs, or provide sufficient flagmen to give notice to vehicular traffic, also two special trailer mounted signs and arrows flash left, right or both at the same time at least 25 times per minute, see 'detail 2-S-126 and Section 6E-7 of the traffic control manual. During the period the Contractor is directing traffic over ,the base, the surface shall be satisfactorily maintained by the use of sprinkling and blading as required so that no hazard will result. The base course shall be maintained until the wearing surface if placed thereon. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6 P.M. to 6 A.M. except during the construction of the curb and gutter for which the driveways and/or alleys shall remain closed not more than 4 days including 72'hours for curing. The Contractor will be required to place and level the caliche as each block is subgraded and in no case shall the caliche be permitted to remain as dumped overnight. The Contractor will, during the progress of the work, erect and maintain for twenty-four hours a day such barricades and warnings necessary to give notice to vehicular and pedestrian traffic of any and all obstructions and insofar as possible keep the streets and/or alleys on which work is being done in a passable condition. During the time that the curb and gutter is being poured and cured and until the caliche is leveled, the Contractor shall have flares and warning signs placed at each end of the block. When the subgrade excavation causes an abrupt drop in the driving portion of the street the Contractor shall level the drop by dumping a sufficient amount of -approved caliche-on the subgrade. During the time the concrete is curing in the alleys and until it can be, opened to traffic, the Contractor shall maintain warning signs on barricades with flares at each end of the block until this alley can be opened to traffic. III-2 5 i 7 The flagmen will be required to wear vests and use the type of flag as shown on flagging detail sheet in specifications. 7 All equipment working on the streets will at all times have at least two (2) red, orange or fluorescent red -orange flags at least 16" x 16" in size. These flags shall be mounted high r enough on the equipment so that they will be visible to all traffic meeting or passing the equipment. Before work is started on any street it will be the responsibility of the Contractor to notify each property owner that has a car or cars parked in their driveways or garages so that each owner might have the opportunity to move their cars. The Contractor shall schedule his work on major thoroughfares and collectors at least 5 days in advance, in order that businesses may have time to adjust their plans. On all thoroughfares and collectors, the Contractor and the City's .• Representatives will work with each of the businesses, hospitals, schools, etc., so that only part of the driveways into their parking lots will be closed. At no time will any parking lot be completely closed, without prior approval from I the Owner's Representative, unless the work is being I accomplished at night and the businesses are closed. The Contractor shall be responsible for notifying affected r businesses of the proposed work and the projected schedule for completion of this work. r Immediately after each applications of asphalt, re- construction or black base construction the Contractor shall clean, remove paper, surplus aggregate or paving materials from gutters, rubbish and temporary structures from the street, restore in an acceptable manner all property, both public and private which has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as part of the cost of the various items of the work involved, and no direct compensation will be made for this work. The Contractor should, familiarize himself with the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES for Streets and Highways. Part VI, published August 31, 1979. 4. BARRICADES AND DANGER, WARNING AND DETOUR SIGNS_, D TRAFFIC HANDLING The Contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning and removing upon completion of work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices for handling traffic control as indicated in the plans or as directed by the Engineer. All barricades, warning signs, barriers, cones,lights,signals and other.such type devices shall conform to details shown on the plans and as indicated in the Texas Manual on Uniform Traffic Control Devices. The Contractor may provide special signs not covered by plans to protect the traveling public against special conditions or hazards, provided however, that such signs are first approved by the Engineer. Upon completion of the work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices and evident thereof shall be removed by the Contractor. 5. MAINTENANCE OF DETOURS The Contractor shall do such work as may be necessary to maintain detours and facilities for safe public travel in accordance with the Traffic Control Plan and these specifications. There shall be maintained in passable condition, such temporary roads and structures as may be necessary to accommodate; public travel. Temporary approaches and crossings of intersecting highways shall be provided and maintained in a safe and passable condition by the Contractor at his entire expense. 6. PUBLIC SAFETY AND CONVENIENCE Ingress and egress to private property shall be provided as specified in the plans or as directed by the Engineer. The Contractor shall plan and execute his operations in a manner that will cause the minimum interference with traffic. The Contractor shall secure the Engineer's approval of his proposed plan of operation. Sequence ofworkand methods of providing for the safe passage of traffic before it is placed into operation. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. At night or otherwise, all equipment not in use shall be stored in such a manner and at such locations as not to interfere with the safe passage of traffic. The Contractor shall provide and maintain flaggers at such points an for such periods of time as may be required to provide for the safety and convenience of public travel and Contractor's III-4 personnel, and as directed by the Engineer. Flaggers shall be English speaking, courteous, well informed, physically and mentally able to effectually perform their duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and groomed at all times when on r' duty. When directing traffic, flaggers shall use standard attire, flags and signals and follow the flagging procedures set forth in the Texas Manual on Uniform Traffic Control r. Devices for Streets and Highways. 7. WATER Water for this project will be furnished by the City of Lubbock at fire hydrants designated by the Contractor for which there will be no charge. The Contractor will be furnished loading racks by the City Water and Street Superintendent at no charge for the first rack but for each additional rack there will be a charge of ten dollars. The Contractor will also be charged ten dollars for each move of each loading rack after the first set-up. The loading rack will be equipped with a valve which will be pad -locked at all times except when the Contractor's truck is loading. The valve on the loading rack shall be used by the Contractor and at no time will the Contractor use the fire hydrant valve.The padlock on the rack valve shall be furnished by the Contractor. The Contractor shall not use any fire hydrants for water loading unless there is an authorized rack on the fire hydrant. The Contractor will not be allowed to use water from authorized loading racks except on City approved projects. Water, which is supplied by the City, is intended for use in compacting subgrade and base and maintaining dust control. It is not the intention of the City to furnish water for use in mixing concrete. B. RESTRICTIONS AND REQUIREMENTS FOR CONSTRUCTION A. The Contractor will need special permission to be permitted to work on weekends or legal holidays and shall do no work on any contract item before daylight or later than one hour after sundown, except as directed and approved by the Engineer. No work will be allowed between November 1 and January 2, unless approved by the Engineer. B. A 1:2 dilute emulsion treatment at a rate of .10 gallon per square yard will be applied to the A.C. surface within ten days of the placement of the A.C. surface. III-5 C. TEMPERATURE REQUIREMENTS (The temperature readings to be used will be as reported by the National Weather Service on an hourly report [Telephone Number 762-0141)j. (1) HMAC -'November 1 until April 1 - a. The asphaltic mixture shall not be placed with the air temperature is below 550F. and falling.` b. The asphaltic mixture may be placed when the air temperature is above 50OF and rising. (2) HMAC - April 1 untill November 1 a. The asphaltic mixture shall not be placed with the air temperature is below 500F. and falling. b. The asphaltic mixture may be placed when the air temperature is above 450F. and rising. (3) Asphalt Stabilized Base a. The asphaltic mixture shall not be placed when the air temperature is below.45oF and falling. b. The asphaltic mixture may be placed when the air temperature is above 40OF and rising. The Engineer may use his discretion to require a cover over the asphaltic mixture when hauled from the plant to the job site. r D. Unless otherwise approved by the Engineer,.the minimum temperature of asphaltic materials immediately after placement by the laydown machine will -be 300OF for HMAC and 2750F for asphalt stabilized base. E. Standby rollers shall be located at the job site for immediate use if needed. F. Proof rolling will be required on subgrade,_- caliche base, black base, embankment or surface. After rain showers if deemed necessary by the Engineer each item that was approved will be re - rolled. The proof rolling will be performed III-6 it with six passes over the area using a self- propelled 25 ton pneumatic roller with r• certified weight certificate. h G. Preliminary approval, by the Engineer, of aggregate at the pit and crusher location shall r" be required, prior to delivery to local stockpiles. Final approval of the stockpile material will be required by the Engineer, after which no additional �- aggregate will be added to the approved stockpile prior to h the sealing operation. H. During the period of re -construction and two course construction the Contractor will not use private driveways for turning or parking his equipment. Any damage to sidewalks, driveways, slabs or curb and gutter will be repaired at the Contractor's expense. I. At no time during the reconstruction of streets Hill the Contractor completely close any street to all traffic without the Engineer's approval. On most major thoroughfares only one-half will be reworked at a time, and, on some narrow streets the full width will be reworked. On the two - course streets one-half will be closed and the traffic will be detoured on the other side. When business are on one or both sides, shorter shots will be made to cause less inconvenience to the public & the businesses. J. Before any portion of any street is closed to traffic the Contractor will be required to have sufficient equipment on the site to start the reconstruction, and at no time will any section of the closed area be left three (3) days without some type of work being performed. If there is a shortage of equipment to work on all areas of the closed section then the Contractor will be required to provide additional equipment before the next area is closed. After the work is started, no equipment will be removed from this site to another. It is the intent of these requirements to reconstruct and place the two - course on the streets as listed in the contract with the least inconvenience to the property owners and the traveling public. K. At no time during the construction, re -construction or sealing and two -course maintenance will any equipment be taken across any curb or gutter, valley gutter, alley r., III-7 f return, or sidewalk without first placing a dirt or caliche fill, of at least one foot, above the existing concrete. Any broken or damaged concrete (broken or damaged by Contractor's equipment) will be removed and replaced at the Contractor's expense. 9. REMOVING OBSTRUCTIONS The Contractor shall familiarize himself with the existing obstructions including sidewalks, trees, poles, etc., prior to building. It shall be the Contractor's responsibility to remove these obstructions at the direction of the Engineer except that the utility companies will move their equipment at no cost to the Contractor. The Contractor will receive no compensation for delay caused by the Utility Companies in relocating or removing their equipment. 10. TEST OF MATERIALS The City of Lubbock laboratory test results shall be the sole consideration for approval of materials, mix designs,' adequacy of procedures, etc.. The results of such testing shall be evaluated and final approval given by the Street Superintendent. A. CALICHE BASE MATERIALS Before caliche materials can be used on any street, current (not older than 30 days) test reports will submitted to the Street Superintendent for approval. Test reports will be required every 30 days as this material is used on City Streets. During the construction period, tests.that fail will require re -testing. B. Asphalt Stabilized_Base The Contractor, or supplier of such materials, shall submit to the City Materials Testing Lab, as soon as possible after the Notice to Proceed is issued, a sample for gradation testing and magnesium sulfate testing. The gradation requirements shall meet those established in Item 7-B(3) of Section 4 (p.8). The maximum loss from Magnesium Sulfate testing, when tested in accordance with ASTM C-88-76 (4 cycle), shall not exceed fifteen (15) percent. C. HOT MIX AND SEAL COAT AGGREGATE The Contractor, or supplier of such materials, shall submit to the City Materials Testing Lab, at least 7 ninety (90) days,prior to the beginning of the sealing operations, samples of the various grades of aggregate to be used in the reconstruction hot mix and the seal coat operations for gradation testing, crushed face counts, Flakiness Index tests, and magnesium sulfate �.. tests. The gradation requirements shall meet those established in Texas Department of Highways and Public Transportation (1982) Item 302.4. The crushed face count, Flakiness Index, and Magnesium Sulfate require ments shall meet those established in Section IV, Item 10 A and Item 10 A (1) (pp 27-28). D. Cement Certified mill tests on each car or transport. E. Ease Density Tests The City of Lubbock Materials Testing Laboratory will provide density tests on the caliche base and/ or black base. �. NOTE: See Section IV-10-D (Laboratory Control) for retesting material where irregularities occur and the limits of the specifications are exceeded for aggregate, ~ base materials, black base and hot -mix and. concrete construction. 11. SUBCONTRACTOR The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regard terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner and said subcontractor will look exclusively to contractor for any payments due subcontractor. 12. UNDERGROUND UTILITIES The Contractor's attention is directed to the fact that pipelines and other underground installations as maybe shown of the plans have been taken from the best available information. There may be other pipelines or installations. The Contractor shall save harmless the City from any and all suits or claims resulting from damage by his operations to any pipeline or underground installation. It is the Contractor's responsibility, during the period of street construction, to insure that all utility cuts in the limits of street construction have been properly backfilled, compacted and the top 6" inches backfilled with 3-sack concrete. It is not the intent to require the Contractor to provide for the utility cut repair but for the.individual utility company making the cut to provide their own repairs. In the case of a City underground installation; the Contractor may be required, at the Engineer's option, to repair the cut with 3-sack cement stabilized caliche at the unit price bid. 13. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor -shall submit to Owner's Representative an application.for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the 'preceding month. 14. CORRECTION__OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy and defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from date of final_ acceptance of the project. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. III-10 15. LABOR The Contractor must abide by the Wage and Hour Laws of the State of Texas, or the U.S. Department of Labor, and must not pay less than the rate legally prescribed or as set forth herein, whichever is higher. Payment for time worked over forty -hours per week shall be made at one and one-half (1-1/2) times the above prevailing rates. Payment for time worked on legal holidays shall be paid at two (2) time the regular governing per diem wage rates. Any laborer, workman or mechanic required or permitted to work in excess of eight (8) hours per calendar day, under the emergency exceptions to House Bill No. 115 of the 44th Legislature invoked by HCR No. 201 of the 47th Legislature shall be paid on the basis of eight (8) hours constituting a days work. The prevailing wage rates for this contract are shown in the following pages. 7 r. III-11 t i 1- (THIS PAGE LEFT BLANK INTENTIONALLY) NOTICE OF ACCEPTANCE (THIS PAGE LEFT BLANK INTENTIONALLY) r f c TO: NOTICE OF ACCEPTANCE Name of Bidder Address of Bidder City and State of Bidder The City of Lubbock, having considered the proposals submitted and opened on the day of , 19 , for work to be done and materials to be furnished in and for: as set forth in detail in the Plans and Contract -Specifications, 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 r" the City Council of the City of Lubbock, Texas, on the day i of , 19 , at the bid price contained therein, subject to the execution of and furnishing of all Contract Documents, bonds, certificates of insurance and 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 r documents within ten (10) days from your receipt of this Notice. The five (5%) percent 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. CITY OF LUBBOCK Owner's Representative