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Home My WebLink AboutResolution - 4129B - Contract - Monterey Construction - Citibus Transfer Plaza - 04_22_1993FOR RESOLUTION REFERENCE PERMANENT MINUTES DATE: 400'i as lqq3 RECEIVED MAY 2 7 1993 CITY OF LUBBOCK SPECIFICATIONS FOR SOUTH PLAINS MALL TRANSFER CENTER BID #12517 .,z qy 6y Pil n CITY OF LUBBOCK a Lubbock, Texas 40-6 I RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Monterey Construction Company to provide new construction of Citibus Transfer Plaza, Lubbock, Texas, attached here- with, which shall be spread upon the minutes of the Council and as spread Upon the minutes of this Council shall constitute and be a part of this Res- olution as if fully copied herein in detail. Passed by the City Council this day of 1993. ATTEST: Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: _Lk K&4.4� Victor i man, Purchasing Manager APPROVED AS TO FORM: 9,toa 41,--1 _Oj� 0 aro ar , Assistant ty Attorney HW:js/ARTEXELE.RES DI-Aaanda/Hay 5, 1993 i nor �.-.� OWNERS AND CONTRACTORS f PROTECTIVE LIABILITY POLICY I ^ DECLARATIONS LIFE&CASUALTY ® The /Etna Casualty and Surety Company ❑ The Standard Fire Insurance Company r-- ❑ The Automobile Insurance Company of Hartford, Connecticut. Hartford, Connecticut 06156 ❑ ,Etna Casualty & Surety Company of Illinois Downers Grove, Illinois 60515 The declarations. coverage form. and endorsements complete this insurance oolicv. NAMED INSURED AND MAILING ADDRESS POLICY NUMBER City of Lubbock 071 PC5509682 cca POLICY PERIOD P . 0. Box 2000 Lubbock, Texas 79457 FROM 6 2_ 3 TO 6 12:01 am STAN ARD TIME AT THE RED'S ADDRESS STATED HEREIN THE NAMED INSURED IS ❑ Individual ❑ Partnership BUSINESS OF NAMED INSURED 1771 Corporation 0 Joint Venture Q Other. In return for the payment of the premium, and su ject to All the terms of this policy, insurance Is provided to YOU by the Stock Insurance Company specified above. i7 l l» :[NSf ]RAN: AGGREGATE LIMIT 0 000. EACH OCCURRENCE LIMIT tBo' 000. <::>:.Iia slil~itIC1'>t:>:NPRE14r�lM:::::•`::::#:;:::::<:><:::>::<::>;::<:>::>:::>::<:<:::::;>:«<::::<:::>:::::: CLASSIFICATION DESCRIPTION Construction Operation - Owner CLASS PREMIUM BASIS RATES CODE EXPOSURE COST PER $1,000 of COST 16222 1 .701 LOCATION OF COVERED OPERATIONS MINIMUM PREMIUM $226.00 TOTAL TERM POLICY PREMIUM $ 226.00 South Plains Mail ADVANCE PREMIUM $ 226.00 Lubbock, Texas DESIGNATED CONTRACTOR(S) AND CONTRACTOR'S MAILING ADDRESS Hub City Pavers, Inc. TOTAL ADVANCE PREMIUM $ 226.00 i te B 4214-50th Street, Suite Lubbock, Texas 79413 (Premium May be Subject to Adjustment) :::: �::<:F#3i�11(15: �,�1:?':I?�f;IC�AI�F;l='•::�'#�:::"1:•.':I�tS:::C�1�E13AG�:.>;:.;::::: •;..::.:;::.>:.;:<::::::.:;;:.::;>:::.::::::::.:. �;.;:::::::::::::::;;:,:.::•:::;<,;. Table of Contents TITLE DC059 MMWR Coverage of Operations of Designated Contractor CG0009 11- 5 Conditions Requiring Notice CG2824 (11-85) Amendment of Pollution Exclusion CG2940 (05-86) Texas Changes CG2855 (11-87) Additional Insured -Engineers, Architects or Surveyors CG2007 (11-85) Additional Insured -Your Employees :.�:.�x�.1:us:�:a�:.:.A��:e.Laos.:::::::::::r.::: :::::::::::::::::::::::.:......•.i�U:[�;�.:ERSEG�IEA.T...if1�1E .........<.........�:::::::��.�.:�:.1�:�:.;:«..::;.::;::.:.:<:::..:::::.::::•:::::::::•::•: Countersigned on behalf of the above Company by: THE RE ANC. 6-2-93 ins / Authors ed Agent V Countersignature Date READ YOUR POLICY CAREFULLY CAT. 766763 DCO27 (ED. 01-86) PRINTED IN U.S.A. t Signed for the Company by: The /Etna Casualty and Surety Company The Standard Fire Insurance Company The Automobile Insurance Company of Hartford, Connecticut Hartford, Connecticut 06156 Secretary President Etna Casualty & Surety Company of Illinois Downers Grove, Illinois 60515 Secretary Vice President PREMIUM BASIS Following are brief descriptions of the more common Premium Bases used in calculating the premium for your Owners - r and Contractors Protective Liability Coverage. These descriptions are subject to more detailed manual rules in use by - the Company. 1. Cost The total cost of all work performed for you by or on behalf of the designated contractor at the location indicated on the Declarations including: _ (a) An labor, materials and equipment furnished, used or delivered for use in the project; and (b) All fees, bonuses or commissions made, paid or due . The rates apply per $1,000 of total cost. 2. Each. This basis of premium reflects units of exposure. Classifications will determine these .units, such as "each permit Includes copyrighted material of Insurance_ Services Office, Inc�a{pd, ISO Commercial Risk Services, Inc., with their permission: 1981 through current year, Copyrighted Insurance Services Office, Inc., and ISO Commercial Risk Services, Inc. OWNERS AND CONTRACTORS' PROTECTIVE LIABILITY COVERAGE .IFE & CASUALTY � U.N.T.'s DECLARATIONS PAGES Named Insured and Mailing Addrest Policy Period Form of Business and Business of Named Insured Limits of Insurance Location of Covered Operations Designated Contractor(s) and Contractor's Mailing Address SECTION I - COVERAGES Bodily Injury and Property Damage Liability Insuring Agreement Exclusions Supplementary Payments SECTION 11 - WHO IS AN INSURED SECTION III - LIMITS or iNsunAHC9 SECTION IV - CONDITIONS Bankruptcy Cancellation Changes Duties In the Event of Occurrence, Claim or Loss Examination of Your Books and Records Inspection and Surveys Legal Action Against Us Other Insurance Premiums Premium Audit Separation of Insureds Transfer of Rights of Recovibry Against Others To Us SECTION V - DEnNITIONS ENDORSEMENTS DC059 (ED. 01.86) CAT MITI PRINTED IN U.S.A 1^"""I OWNERS - AND : CONTRACTORS ,i PROTECTIVE , LIABILITY is COVERAGE FORM --COVERAGE FOR OPERATIONS OF LIFE & CASUALTY DESIGNATED CONTRACTO Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what Is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named ;Insured shown In the Declarations. The words t "we", "us", and "our" refer to the Company providing this insurance. The word "insured" means any person or organization quatifying as Such under SECTION 11-WHO IS AN INSURED. reet Other words and phrases that appear in quotation marks have spoclal meaning. Refer to SECTION V—DEFINITIONS. i SECTION 1—COVERAGES 1,�,, i► 4j�;,rt > r• r�,,,., BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. INSURING AGREEMENT , a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. No other obligbtiofl• or liability to pay sums or perform acts or services Is covered unless explicitly provided for under SUPPLEMENTARY PAY- MENTS. This insurance applies only to "bodily Injury" and "property damage" which occurs during the policy period. The "bodily injury" or "property damage" must be coub6d by'an "occurrence" and arise j� out of: , r,;. !. ; 1, J offs .,I •, y + , .:.. R , (1) Operations performed for you by the "contractor" at the. location specified In the declarations; or (2) Your acts or omissions in connection with the general supervision of such operations. We will have the right and duty to defehd'ir P suit"' 6bkIhd•those datltagbs.rBut: (1) The amount we will pay as damages is limited as described In SECTION III —LIMITS OF r INSURANCE; > i (2) We may Investigate and settle any claim or "suit" at our discretion; and (3) Our right and dutyto defertid e�Id why . vbis Itbve il�bd up the applicable Urflit of insurance in the payment of judgMents or sottloft'iot�t9.1t}'ti"�;;'f' iIr``t"'1 t r,,, , be Damages because of "bodily injury" inClrid d rnd a laimbd by any person or organization for care, loss of services or death resulting at any time from the`"gaily IAjdry".' c. "Property damage" that is loss of use of tangible �ropbrty that is not physically injured shall be deemed to occur at the time of the "occurrence", that Caused 2. EXCLUSIONS *,�:�t ;r ► y , ; , This insurance does not a 1 to {'"tilt?e ,f ,t'�tilmvp ,� Vj LV-) •fir ,_ !I ,i� =F + a. "Bodily Injury" or "property damage" expected or intended from the Mandpolnt of the insured. This exclusion does not apply, to "bodily,injury",. resulting from the use of reasonable force to protect persons or property. . ,•;,.� , ,I �4` if t t ,� ,:.. ; .I s ti.•, �. a r be "Bodily injury" or "property damage",for-whlch the Insured is obligated to pay damages by reason of the assumption of liability in a contract or dgr•obrMh(.16iI§ Oxcluslbh does riot apply to Nobility for damages: (1) Assumed in a contract or agreement that It an "insured contract"; or .4 � soli ',,r.•. ,t Of a to :4 i F, :' I I r- (2) That the insured would have In the absenco of :the contract or agreement. c. "Bodily injury" or "property damage", 010l.00curs'aftor the:ebrliest of the following times: 7 (1) When all the "work on the OrojaCt+j6 L4.1tl HJ'1196Mctl; Yr1a{ntenance bf repaU!}) to be performed fog you by the "contractor" at thWsite#ift cbvetpd operations has been completed; or 7 (2) When that portion of the cbrifftjt r $ work bul o which the injury or dainage•erlses, has been put to its intended use by any person or Organization. This exclusioni doeg riot apply to any r 77 C00009 (ED. 11-85) Pwm I of f CAT 169170 PnINTFn IN U S A contractor or subcontractor working directly or indirectly for the "contractor" or as part of the same project. d. "Bodily injury" or "property damage", arising out of your or your employees' acts or omissions other than general supervision of "work" performed for you by the "contractor". e. Any obligation of the insured under a Workers Compensation, Disability Benefits or Unemployment Compensation law or similar law. f. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of his employment by the insured; (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in another capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". g. "Property damage" to: (1) Property you own, rent, or occupy; (2) Property loaned to you; (3) Personal property in your care, custody or control; (4) "Work" performed for you by the "contractor". h. "Bodily Injury" or "property damage" duo to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under: (1) An "insured contract"; or (2) Expenses for first aid. I. "Bodily injury" or "property damage" arising out of the use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. j. (1) "Bodily injury" or "property damage" prising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) at or from premises you own, rent or occupy; (b) at or from any site or location used by or for you or others for handling, storage, disposal, processing or treatment of. waste; (c) which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (d) at or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: (1) If the pollutants are brought on or to the site or ,location in connection with such operations; or (ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the pollutants. .. (2) Any loss, cost, or expense arising put of any governmental direction or request that you test for, monitor, clean up. remove, contain, treat, detoxify or neutralize the pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. k. "Property damage" to,"impalred property" or property that has not been physically injured arising out of: C00009 (ED. 11.85) Page 2 of 7 PRINTED IN U.S.A. F r- (1) a defect, deficiency, inadequacy or dangerous condition in "work" performed for you by the "contractor"; or (2) a delay or failure by you or anyone acting on your behalf to perform a contract or agreement hi accordance with Its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental " physical injury to "work" performed for you by the "contractor". SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim or "suit" we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of r any vehicle to which this insurance applies. We do not have to furnish these bonds. b 3. The costs of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us In the investigation or defense of the claim or "suit", including actual loss of earnings up to $100 a day because of time off from work. r 6. All costs taxed against the insured in the "suit". 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre -judgment Interest based on that period of time after r' the offer. , 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that Is within the applicable limit of Insurance. # (�. Expenses incurred by the insured for first aid to others at the time of an accident, for "bodily injury" to which # this insurance applies. r.. These payments will not reduce the limits of insurance. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to their duties aS partners or members of a joint venture. C. An organization other than a partnership or joint venture, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Any person (other than your employees), or any organization while acting as your real estate manager. b. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. c. Your legal representative if you die, but only with respect to duties as such. That representative will have all rights and duties under this policy. No person or organization is an insured with respect to the conduct:of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION III —LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the r., number of: a. Insureds; b. Claims made or "suits" brought; or C000o9 (E0. 11-85) P" 3 of 7 Pniumn IN U.S.A C. Persons or organizations making claims or bringing "suits", — 2. The Aggregate Limit is the most we will pay for the sum of damages because of all "bodily injury" and "property damage". — 3. Subject to 2. above, the Each Occurrence Limit Is the most we will pay for the sum of damages because of "bodily injury" and "property damage" arising out of any one "occurrence". If you designate more than one project in the declarations, the Aggregate Limit shall apply separately to each project. The limits of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown iq the Declarations, unless the policy period is extended _ after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of ' the last preceding period for purposes of determining the Limits of Ir►surance. SECTION IV —CONDITIONS 1. BANKRUPTCY . Bankruptcy or insolvency of the insured will not relieve us of our obligation under this policy. 2. CANCELLATION a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. — b. We may cancel this policy by mailing or delivering to the first Named Insured and the "contractor" written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for non-payment of premium; or — (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notices to the first Named Insured's and the "contractor's" last mailing address — known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the "contractor" any premium refund due. If we cancel, the refund will be pro reta. If the first Named Insured or the "contractor" cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. I. If notice is mailed, proof of mailing will be sufficient proof of notice. 3. CHANGES This policy contains all the agreements between you, the "contractor" and us concerning the insurance afforded. The first Named Insured shown in the Declaration$ and the "contractor" are authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy, 4. DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR DOSS a. You must see to it that we are notified promptly of an "occurrence" which may result in a claim. Notice should include: (1) How, when and where the "occurrence" took place; and (2) The names and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought against any insured, you must see to it that we receive prompt written notice of the claim or "suit". c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement, or defense of the claim or "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or darnage to which this insurance may also apply. GO0009 (ED. 11-65) Pago 4 of 7 PRINTED IN U.S.A. d. No insured will, except at their own cost, voluntarily make a payment, assume any :obligation, or incur any expense without our consent. S. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as well as the "Contractor's" books and records as they relate to this policy at any time during the policy period and up to three years afterward. C. INSPECTIONS AND SURVEYS We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. r Any inspections, surveys, reports, or recommendations relate only to Insurability and the premiums to bc, charged. We do not make safety inspections. We do not undertake to perform the duty of any person or Flo organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 4. a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which 3 makes insurance inspections, surveys, reports or recommendations. 7. LEGAL ACTION AGAINST US No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 8. OTHER INSURANCE The insurance afforded by this policy is primary insurance and we will not seek contribution from any other insurance available to you unless the other insurance is provided by a contractor other than the designated "contractor" for the same operation and job location designated In the Declarations. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under thir, approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. H any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under IN method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of aH insurers. 9. PREMIUMS The "contractor": a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 10. PREMIUM AUDIT �. a. We will compute all premiums for this policy in accordance with our rules and rates. t b. Premium shown in this policy as advance premium It a deposit premium only. At the close of each audit period we will compute the earned prof'nlum fotAh9t period. Audit premiums orb due and payable on r- notice to the "contractor". If the aunt of the advance and audit premiums paid for the policy term is greater than the earned premiums, we will return the excess to the "contractor". c. The "contractor" must keep records of the Information'we need for premium computation and send us j'" C00009 (ED. 11-85) page 5 of I PRINTED IN U.S-A copies at such time as we may request. 11. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the — first Named Insured, this insurance applies; a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit' is brought. 12. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If the insured has rights to recover all or part of any payment we have made under this Policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. SECTION V—DEFINITIONS 1. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment'. 2. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 3. "Contractor" means the contractor designated in the Declarations. 4. "Impaired property" means tangible property, other than work performed for you, that cannot be used or is less useful because: a. it incorporates work performed for you that is known or thought to be defective, deficient, inadequate or dangerous; or b. you have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by; a. - the repair, replacement, adjustment or removal of the work performed for you; or b. your fulfilling the terms of the contract or agreement. 6. "Insured contract' means: a. A lease of premises; b. A sidetrack agreement; c. An easement or license agreement in connection with vehicle or pedestrian private railroad crossings at grade; d. Any other easement agreement, except in connection with construction or demolition operations on or within 60 feet of a railroad; e. An indemnification of a municipality as required by ordinance, except in connection with work for a municipality; or f. An elevator maintenance agreement. 6. "Mobile equipment" means any of the following type of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently 'attached equipment of the following types: (1) Air eompressors,'pumps and generators, including spraying, welding, building cleaning, geophysical CGOo09 (ED. t t -85) Page 6 of 7 PRINTED IN U.S.A. I! A exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. r. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": l (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance but not construction or resurfacing; r (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; 9nd !^ (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 7. "Occurrence" means an accident, Including continuous or repeated exposure to substantially the same general harmful conditions. 8. "Property damage" means: r a. Physical injury to tangible property, Including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured. 9. "Suit" means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico and Canada, in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. 10. "Work" includes materials, parts or equipment furnished in connection with the operations. �" C.Gn009 (ED. 11.85) Page 7 of I r'nt11TFn IN li 5 A COMMERCIAL GENERAL LIASILITN THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES -CONDITIONS REQUIRING NOTICE This endorsr±mmit modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Under COVERAGES (Section 1), any provision of the Coverage Part requiring you, the "contractor" or any insured 11 give notice of occl)rrence, claim or suit, or forward demands, notices, summonses or legal papers In connection with r claim of suil, will not bar liability under this Coverage Part unless we are prejudiced by your or the "contractor's' failure to comply with any such requirement. C(17n74 fcO. It 651 CAT 7ESAP2 rnmirtr al W: . r• COMMERCIAL GENERAL LIABILITI THIS ENDORSEMENT CHANGES THE POLICY. PLI=ASE READ IT CAREFULLY. AMENDMENT OF POLLUTION EXCLUSION rThis endorsement modifies Insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following is added to exclusion j. of COVERAGES (Section 1): Subparagraphs (a) and (d) (i) of paragraph (t) of this exclusion do not apply to "bodily Injury" or "property damage" r ' caused by heat, smoke or fumes from ,a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. i 0 I }iF 0. x 4 r i . r- r ' r _ CAT. 765465 CG2040 (ED. 05-66) PnINTF" R4 U S A r a r COMMERCIAL GENERAL LIABILITY I, THIS ENDORSEMENT CHANGES. THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES --CANCELLATION AND N014RENEWAL This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph 2.b. of the Cancellation Condition is replaced by the following: 2. b. (1) We may cancel this policy by mailing or delivering to the first Named Insured and the "contractor" written notice of cancellation, stating the reason for cancellation, at least 10 days before the effective data of cancellation. (2) If this policy has been in effect for more than 60 days, we may cancel only for one or more of the following reasons: (a) Fraud in obtaining coverage; (b) Failure to pay premiums when due; ` (c) An increase in hazard within the control of the insured which would produce an r� increase in rate; (d) Loss of our reinsurance covering all or part of the risk covered by the policy; or (a) If we have been placed in supervision, conservatorship or receivership and the •� cancellation is approved or directed by the supervisor, conservator or receiver. S. The following Condition is added and supersedes any provision to the contrary: NONRENEWAL ra. We may elect not to renew this policy by mailing or delivering to the first Named Insured. and thr, i ..contractor", at the last mailing address known to us written notice of nonrenewal, stating the reason lot nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61st day after the date on which the i notice is mailed or delivered. Earned premium for any period of coverage that extends, beyond the expiration date will be computed pro reta based on the previous year's premium. f b. If notice is mailed, proof of mailing will be sufficient proof of notice. r.. m7ass (Eft 11 871 CAT. 795979 PnINTED IN U S A COMMERCIAL GENERAL LIABILITY r . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. E r ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART r, 1. WHO IS AN INSURED (Section 11) is amended to include as an insured any architect, engineer, or surveyor engaged by you but only with respect to liability arising out of your premises or "your work". 2. The insurance with respect to such architects, engineers, or surveyors does not apply to "bodily injury". "property damage", "personal injury" or "advertising injury" arising out of the rendering of or the failure to �.. render any professional services by or for you, including: a. The preparing, approving, or falling to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and b. Supervisory, inspection, or engineering services. r C r i r i. i CO2007 (ED. 11.85) r i CAT. 768170 PRINTED IN U.S.A. COMERCIAL GENERAL LIABILITY THIS BNDURSMENT CHANGES THE FOLICY. PLEASE READ IT CAREFULLY, ADDLTIONAL INSURED — YOUR EtMOYEES This endorsement modifies insurance provided under the following$ OWNERS AND CONTRACTORS VROTECTIVE LU SILITI COVERAGE PART WHO IS AN INSURED (Section 11) is amended to include me insureds your employeea while acting within the scope of their employment by you, but only with respect to the work performed by the "contractor". rr Tim -tINoonS�r-i1T WAIMS lilt POLICY. PLEASE MAD rt CAhEFULLY. ExCLUSidN--ASBES` OS This endorsement mod1lies knurance provided under the 10110 ring COIaMMIAt. GENEt1AI. U&MOW COVMAGE PAM'I OWNS nS AND CON1nACIO S PnOIWIVE LIMbll_ITY COAtIAGE PAMt PO11.1.1110N LIAIl MY COVERAGE PAn1 PFIODUCIS►COMPLEtED 01`111AIKAS LIAEIILITY COVERAGE PAMt FIA11-110AD PIADILCIM LABILITY COVEIIAGE PAPA. This Insurance doss not appty to *bodily (r juty; •personal InJ oy' or 'property darnage' •rising W 01. 1. Inhaling ingesting or ptolonged physical exposure to asbestos or to goods or products wrlaining asbestos; 2. The use of asheslos In oonstruciirq or rmnufacturing any goods, product or titucture; 3. The removal or containment o1 asboslos tram or wMhln any goods, ptoducis of tttuclure; or 4. The Installation, manulacture. Iransportallon, tlorape or disposal of asbestos or goods or products oontaining asbestos. 0 0 Authorized Signature Named Insured Agency Includes CopyrighlM materiel of Ineuranc# gervkm on►M. Inc. whh ke permteslon. CCytbljt, tMurilkno Servbee "I". kit.$ tole CUr,G2to2f9SA CITY OF LUBBOCK SPECIFICATIONS for TITLE: SOUTH PLAINS MALL TRANSFER CENTER ADDRESS: LUBBOCK, TEXAS BID NUMBER: 12517 PROJECT NUMBER: 1111.551190.4511 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1 c 1. 2. i 3. 4. 5. 6. T. t6 8. l 9. t0. 11. 12. r r Q pm v r- INDEX PAGE NOTICETO BIDDERS..........................................................................................5 GENERALINSTRUCTIONS TO BIDDERS............................................................................7 BIDPROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................15 PAYMENTBOND..............................................................................................21 PERFORMANCEBOND..........................................................................................25 CERTIFICATEOF INSURANCE..................................................................................29 CONTRACT..................................................................................................33 GENERALCONDITIONS OF THE AGREEMENT.......................................................................37 CURRENTWAGE DETERMINATIONS...............................................................................55 SPECIFICATIONS............................................................................................57 SPECIALCONDITIONS........................................................................................59 NOTICEOF ACCEPTANCE......................................................................................61 3 E 0 G Ln NOTICE TO BIDDERS BID # 12517 Sealed proposals addressed to Ron Shuffield,'Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until + 2:00 o'clock p.m. on the 26th 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 described project: p SOUTH PLAINS MALL TRANSFER CENTER After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer at his office and publicly read aloud. r It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the Bth day of April. 1993. at Municipal Bldg., 1625 13th Street, Conference Room #108, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Am, Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best gating of J or superior, as the rating of the bond company is a factor that will be considered in determination of the Lowest responsible bidder. If the contract price does not exceed S25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. Gies of Contract Documents, including plans and specifications, for use in preparing the Bid may be obtained from Parkhill, Smith and Cooper, 4010 Avenue R, Lubbock, Texas, 79412, (806) 747-0161 upon receipt of a S50.00 deposit for each complete set of documents. Refunds will be made provided the documents are returned in good condition within fourteen (14) calendar days after the date for the receipt of bids. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents an file in the office of the Purchasing Manager of the City of pn Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Am. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. a { 7 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin In consideration for an award. There will be a pre -bid conference on 19th day of March, 1993, at 10:00 o1clock a.m., Conference Roam #108, 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 information made available in a more accessible format or if you require assistance, please contact the 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 OF LUBBOCK Ron Shuffield Senior Buyer I ADVERTISEMENT FOR BIDS BID 9 12517 Sealed proposals addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 26th 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 described project: $MTN PLAINS MALL TRANSFER CENTER After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Am. 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 rto this advertisement, minority end 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 19th day of March, 1993, at 10:00 o'clock a.m., Personnel Conference Room, 108, 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 information made available in a more accessible format or if you require assistance, please contact the 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 OF LUBBOCK �:�� f.�5lzue4 on Shuffi ld Senior Buyer r GENERAL INSTRUCTIONS TO BIDDERS r r l f^ 1. SCOPE OF WORK h GENERAL INSTRUCTIONS TO BIDDERS The work to be done under the contract documents shall consist of the following: The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete the South Plains Mall Transfer Center project as per Contract Documents. 7 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. f All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by r said contract documents. 3. PLANS FOR USE By BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to r Bidders. i, 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (sixty) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure cmmptetion of the project within the time specified. rS.PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the i contract documents. r 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 9 7. kATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting.in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed Jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (e) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shell enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 10 F I r" l 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. Nowever, such fact shall not relieve the Contractor of his responsibitities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by O" Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. i 13. BARRICADES AND SAFETY MEASURES g The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and l shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. d 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger Life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, ~ it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) i in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their r. property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 11, CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas .. and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. r� I The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particulYlproject shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the - schedule of general prevailing rate of per then wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an Inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less then three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or.dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer -- dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall �— not later than the seventh day following the payment of wages, file with the owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth In the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such _laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES ^ Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 12 7 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him t or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or r^ person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following mariner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. r 21. BOUND COPY OF CONTRACT DOCUMENTS I Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (0) Special Conditions (if any). (h) Specifications. (i) insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 7 13 SOUTH PLAINS MALL TRANSFER CENTER FEDERAL TRANSIT ADMINISTRATION REQUIREMENTS Citibus South Plains Mall Transfer Center FTA Requirements FTA GUIDELINES AND REGULATIONS This project is in part funded by the Federal Transit Administration (FTA). FTA regulations require all grant recipients, contractors/subcontractors associated with projects funded in whole or in part to comply with all applicable FTA requirements and federal statutes/regulations including but not limited to the following: * Federal Transportation Administration Act of 1964, as amended, 49 U.S.C. 1601 et. seq. * Surface Transportation Assistance Act of 1962, as amended. * Americans with Disabilities Act of 1990. * 49 CFR Part 27 - Elderly and Handicapped * 41 CFR Section 101-19.6 - Accommodations for Physically Handicapped. * 29 CFR Part 1926 - Safety Standards As per FTA guidelines, the following clauses/provisions shall be caused or required to be inserted in full by the contracting officer. LABOR PROVISIONS - CONSTRUCTION CONTRACTS 1. Minimum Wages. a. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits 1 I Citibus South Plains Mall FTA Requirements Transfer Center under Section 1 (b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a) (1) (iv) of 29 CFR 5.5; also, regular contributions made or costs incurred for more than a weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5 (a) (4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll record accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a) (1) (ii) of 29 CFR 5.5 and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.. b. (1) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (a) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (b) The classification is utilized in the area by the construction industry; and (c) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or theirrepresentatives, and the contracting officer 2 Citibus South Plains Mall FTA Requirements Transfer Center agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so.advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions including the views of all interested parties and the recommendation of the contracting officer to the Administrator for determination. The Administrator, or an authorized representative, will -issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (a) (1) (b) or (c) of 29 CFR 5.5, shall be paid to all workers performing work in the classification under this contractt from the first day on which work is performed in the classification. C. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide 3 Citibus South Plains Mall Transfer Center r FTA Requirements fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request,of the contractor, that The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding DOT shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of i. failure to pay any laborer or mechanics, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction of development of the project), all or part of the wages required by the contract, DOT may, after written notice to the rcontractor, sponsor, applicant, or owner, take such action as € may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for, a period of three years thereafter r- for all laborers and mechanics working at the site of the work (or under the United States'Housing Act of 1937, or under the Housing Act of 1949, in the construction or r" development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct ;classification, hourly rates of wages paid (including rates of contributions or 7 costs anticipated for bona fide fringe benefits or cash ` equivalents thereof of the types described in Section 1 (b) (2) (b) of the Davis -Bacon Act, daily and weekly number of hours worked, deductions made and actual wages f . paid. Whenever the Secretary of Labor has found under 29 7 4 7 Citibus South Plains Mall Transfer Center FTA Requirements CFR 5.5 (a) (1) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated.in providing benefits under a plan or program described in Section 1(b) (2) (b) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing 'such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees,and the ratios'and wage rates prescribed in the applicable programs. The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the grantee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 5.5 (a) (3) of regulations, 29 CFR Part 5. This information may be submitted in any form desired, optional form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the' payment of the persons employed under the contract and shall certify the following: a. That the -payroll for the payroll period contains the information required to be maintained under Section 5.5 (a) (3) (i) of regulations, 29 CFR Part 5 and that such information'is correct and complete. b. That each laborer or mechanic (including each helper, apprentice-, and trainee) employed on the contract during the payroll period has Citibus It South Plains Mall Transfer Center FTA Requirements been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in regulations'29 CFR Part 3. C. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed., as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of optional form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a) (3) (ii) (b) of 29 CFR Section 5.5. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. c. The Contractor or subcontractor shall make the records required under paragraph (a) (3) (1) of 29 CFR Section 5.5 available for inspection, copying, or transcription by authorized representatives of DOT or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Section 5.12. 4. APPRENTICES AND TRAINEES a. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and 6 r Citibus South Plains Mall Transfer Center FTA Requirements individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the 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 on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and'wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program -- shall be observed. Every apprentice must be paid at not less than the rates specified in the registered program for the apprentice's level of progress, expressed as a _ percentage of the journeyman's hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship �- program does not specify. fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to — utilize apprentices at less than the applicable 7 7 F 7 Citibus South Plains Mall Transfer Center FTA Requirements predetermined rate for the work performed until an acceptable program is approved. b. Trainees. Except as provided in 29 CFR Section 5.16,. trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and hour Division determines that there is an apprenticeship program associated with the corresponding journeyman's wage rate on the wage determination for the classification of work actually performed. In addition any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination forthe 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 apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. C. Equal Employment Opportunity. The utilization of r apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as '^ amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor r• shall comply with the requirements of 18 U.S.C. 874 and 29 CFR Part 3, which are incorporated by reference. This act provides that each contractor or subgrantee shall be .. prohibited from inducing, by any means any person employed in 4 the construction, completion, or repair of public work, to 8 r Citibus South Plains Mall Transfer Center FTA Requirements give up any part of the compensation to which he is otherwise entitled. 6. Contract Termination: Debarment. A breach of'the contract clauses in 29'CFR Section 5.5 may grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR Section 5.12. 7. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and related acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference. Refer to. the Labor Wage Scale attached to this document. 8. Disputes Concerning Labor Standards. Disputes arising out of the general disputes clause of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 9. a. Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR Section 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis -Bacon Act -or 29 CFR Section 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. Section 1001. 10. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract' work which may require or involve the employment of laborers or mechanics .shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such work week unless such laborer or mechanic received compensation at a rate not less than one and one-half times the basic rate of pay.for all hours worked in ,excess of 9. r 7 7 r Citibus South Plains Mall Transfer Center FTA Requirements eight hours in any calendar day or in excess of forty hours in such work week, whichever is greater. 11. Violation; Liability for Unpaid Wager; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5, the contractor and any subcontractor responsibletherefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such district or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the overtime wages required by the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5. 12. Withholding for Unpaid Wages and Liquidated Damages. DOT or the recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract which is held by the same prime contractor, such sums as may determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b) (2) of 29 CFR Section 5.5. 13. Section 107 of C.W.H.S.S.A. is applicable to construction work and provides that no laborer or mechanic shall be requested to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 14. Nonconstruction Grants. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three 10 Citibus South Plains Mall Transfer Center FTA Requirements years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the recipient shall require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of DOT and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 15. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph 1 through 15. of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs 1. through 15. of this paragraph. EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION Nondiscrimination During the performance of this contract, the contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, 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 of training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state 11 it Citibus South Plains Mall Transfer Center FTA Requirements that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. C. 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 advising the said labor union or worker's representative of the contractor's commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375, and with the rules, regulation, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 if September 24, 1965, and by rules, regulation, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Federal Transit Administration and 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 or this agreement or with any of the said rules, regulation or orders, this agreement may be cancelled, terminated, or suspended in whole or in part. The contractor may be declared ineligible for further Government contracts of Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 if September 24, 1965, or by rule, regulation, or order of the Secretary of Labor or as otherwise provided by law. g. The contractor will include a citation to 42 CFR 60-1 (b) and (c) and the provisions of paragraphs (a) through (g) herein, 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, as amended by Executive Order 11375. Such provision shall be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the urban Mass 12 7 Citibus South Plains Mall Transfer Center FTA Requirements Transportation Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance, 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 Federal Transit Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance, 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 litigation to protect the United States. EQUAL EMPLOYMENT OPPORTUNITY/CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246): 1. As used in these specifications: a. "Covered Area": means the geographical area described in the solicitation from which this contract resulted. b. "Director": means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. C. "Employer Identification Number": means the Federal Social Security Number used on the employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or Other Spanish culture or origin regardless of race) (ii) Black (all persons having origins in any of the black African racial groups not of Hispanic origin) (iii) Asian and Pacific Islander (all persons having origins in any of the original people of the Far East, Southeast Asia, and the Indian subcontinent or the Pacific Islands); and (iv) American Indian or Alaskan native (all persons having origins in any of the original people of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2.' Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any. construction trade, it shall physically include in each subcontract in excess of $10,000 the provision of these specifications and the notice which contains the applicable goals for minority 13 r Citibus south Plains Mall Transfer Center FTA Requirements and female participation and which is set forth in the solicitation from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a hometown plan approved by the U.S. Department of Labor in the covered area, either individually or through an association, its affirmative action obligations on work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such hometown plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered contractor's failure to make good faith '.. efforts to achieve the plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs (7) (a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or Federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Federal Contract Compliance Program Office or from Federal Procurement Contracting Officers. The contractor is expected to make substantial uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or r` women shall excuse the Contractor's obligations under these specifications, Executive Orders 11246 and 11375, or the regulations promulgated pursuant thereto. 14 7 7 Citibus South Plains Mall Transfer Center FTA Requirements 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall,specifically ensure personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the - street applicant and minority or female referral service from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. 15 F F 7 Citibus South Plains Mall Transfer Center FTA Requirements d. Provide immediate written notification to the director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or women sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its 'obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under (7) (b) above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on -site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and 16 11 Citibus South Plains Mall FTA Requirements Transfer Center discussing the contractor's EEO contractors and subcontractors with does or anticipates doing business. policy with other whom the contractor i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and ,female students and to minority and female recruitment and training organization serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of the contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. M. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually. monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. AN I Citibus South Plains Mall Transfer Center FTA Requirements p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO r. policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations set forth in paragraphs (7) (a) through (p). The efforts of a contractor association, joint contractor -union, contractor community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (7) (a) through (p) of these specifications, provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goal for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The contractor shall not use the goals and timetables or affirmative action to discriminate against any person because of race, color, religion, sex, age, or national origin.. + 11. The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246, as amended by Executive Order 11375. 12. The contractor shall carry out such sanctions and penalties for violation of these specification and of the equal opportunity clause, including suspension, termination and is 7 Citibus South Plains Mall Transfer Center FTA Requirements cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs, Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specification, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specification, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulation, or these specification, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions herein as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union 'affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g.,- mechanic, apprentice, trainee, helper, or laborer), dates of changes in status hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Record shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program.) EEO/CONSTRUCTION CONTRACT NOTICE Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246): 1. The offeror's or bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment 19 7 r i. ►M l Citibus South Plains Mall Transfer Center FTA Requirements Opportunity Construction Contract Specifications" set forth herein. 2. a. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: These goals are applicable to all the contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and nonfederally involved construction. b. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; and the geographical area in which the contract is to be performed. 20 Citibus South Plains Mall Transfer Center, FTA Requirements 4. As used in this notice and in the .contract resulting from this solicitation, the "covered area", is Lubbock, Lubbock County, Texas. ISADVANTAGED BUSINESS ENTERPRISE 1. Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or part with Federal funds provided under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole, or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, creed, color, national origin, age, or sex in the award and performance of DOT - assisted contracts. TITLE VI CIVIL RIGHTS ACT OF 1964 Title VI Compliance During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally - assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49,Code of Federal Regulations, Part 21, as they:may be amended from ;time to time (hereinafter referred to as the Regulations) , which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, color, sex, age, or national origin in the selection and retention of subcontractors, 21 7 7 7 r r s E Citibus South Plains Mall FTA Requirements Transfer Center including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the regulation, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities, as may be determined by the Recipient or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Recipient, or the Urban Mass Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including', but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or, b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of ,Provisions: The contractor shall include the provisions of paragraph (1) through (6) of this section in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or 22 Citibus South Plains Mall Transfer Center FTA Requirements directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Recipient or the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the interest of the Recipient, and, in addition, the contractor may request the services of the Attorney General in such litigation to protect the interest of the United States. 'BUY AMERICA PROVISION This procurement is subject to the Federal Transportation Administration Buy America Requirements in 49 CFR part 661. A Buy America_ Certificate, as per attached format, must be completed and submitted with the bid. A bid which does not include the certificate will be considered non -responsive. A waiver from the Buy America Provision may be sought by the City of Lubbbock if grounds for the waiver exist. Section 165(a) of the Surface Transportation Act of-1982 permits PTA participation on this contract only if steel, cement, and manufacturing products used in the contract are produced in the United States. Reference Buy Ameriia Certificate attached. CARGO PREFERENCE "The contractor agrees: 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 2. To furnish within 30 days following the date of loading for shipments originating within the United States, or within 30 working days following the 'date of loading for shipment originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (1) above to 23 r l l I r citibus South Plains Mall Transfer Center FTA Requirements the Recipient (through the prime contractor in the case of sub -contractor bills -of -lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, 400 Seventh St. S.W., Washington, D.C. 20590, marked with appropriate identification of the Project. 3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. PROTEST/APPEAL PROCEDURES 6 , Protest/Appeal procedures are as follows: 1) Request for approved equals, clarification of specifications, protest of specifications, and proposal protest must be recieved by the City in writing, not less than fifteen full days before date of the scheduled opening of proposals. Any request for approved equal or protest fo the l specifications must be fully supported with technical datat, test results, or other pertinent information as evidence that the substitutes offered is equla to or better than the specifications. 2) The City's final decision to requests will be postmarked at least ten full days before the date scheduled for opening of the proposals. 3) The Federal Transit Administration (FTA) will only review protest regarding the alleged failure of the City to have a written protest procedure or alleged failure to follow such procedures. 4) If a proposer feels that a protest is necessary, in *. compliance with number 3 above, the protestor shall file a protest with the FTA not later than five days after a final decision from the City is rendered under the City's protest/appeal procedures. In instances where the protestor alleges that the City failed to make a final determination on the protest, protestors shall file a protest with the FTA not later then five days aafter the protestor knew or should have known of the City's failer to render a final determination on the protest. The City will five the protestor the mailing address of the FTA Regional Office when requested, fot the filing of a protest in accordance with these guidelines. A copy of the FTA protest must be sent to the City and also must include: - Name and address of the protestor. I, - Identify the City of Lubbock and the proposal number. - Statement of the grounds for protest and any `- supporting documentation with detail of the alleged failer to follow protest procedures or the alleged 24 F Citibus South Plains Mall Transfer Center FTA Requirements failure to have procedures, -and be fully supported to the extent possible. A copy of the local protest filed with the City and a copy of the City's decision, if any. 5) Following a protest, the City will not amke an award of a contract without consulting the FTA for approval. 6) Additional information on FTA protest procedures requirements are outlined in FTA Circular 4220.1B. A copy of this circular can be securedby contacting the City. CONSERVATION Contractor shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6321 et seq.). INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS In accordance with 18 U.S.C. section 431, no member of, or delegates to, the Congress of the United States shall be admitted to a share or part of this contract or to`any benefit arising therefrom. CONFLICT OF INTEREST No employee, officer, or agent of the grantee shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of his immediate family; C. His or her partner; or d. An organization which employs, or is about to employ, has A financial or other interest in the firm selected for award. The grantee's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of subagreements. DEBARRED BIDDERS 25 r F r Citibus South Plains Mall Transfer Center FTA Requirements The Contractor, including any of its officers or holders of a controlling interest, is obligated to inform the Recipient whether or not it is or has been on any debarred bidders' list maintained by the United States Government. Should the contractor be included on such a list during the performance of this project, it shall so inform the Recipient. Refer to Debarment and Suspension Certificate attached. TERMINATION a. Termination for Convenience The City of Lubbock may terminate this contract, in whole or in part, at any time by written notice to the Contractor. The Contractor shall be paid its costs, including contract close- out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Lubbock to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Lubbock, the Contractor will account for the same, and dispose of it in the manner the City of Lubbock directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Lubbock may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Lubbock that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Lubbock, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Termination for Cost -Type Contracts 26 Citibus South Plains Mall Transfer Center FTA Requirements The City of Lubbock may terminate this contract, or any portion of it, by serving a notice of termination on the Contractor. The notice shall state whether the termination is for convenience of the City of Lubbock or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Lubbock or property supplied to the Contractor by the City of Lubbock. If the termination is for default, the City of Lubbock may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the _ time of termination. The Contractor shall promptly submit its termination claim to the City of Lubbock, and the parties shall negotiate the termination settlement' to be paid the Contractor. If the termination is for the convenience of the City of Lubbock, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the City of Lubbock determines that the Contractor had an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Lubbock, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 27 W ;r '" BUY AMERICA CERTIFICATE The bidder hereby certifies that it will comply with the �. requirements of section 165(a) of the Surface Transportation Assistance Act of 1982 and the regulations in 49 CFR 661. Date r - k Signat e i Title n= t, or The bidder hereby certifies that it cannot comply with the requirements of Section 165(a) of the Surface Transportation Act of 1982, but it may qualify for an exception to the requirement r. pursuant to Section 165(b) of the Surface Transportation Assistance Act and regulations at 49 CFR 661.7. Date Signature Title r N r� isPOO .- DEBARMENT AND SUSPENSION CERTIFICATE The bidder hereby certifies that it will comply with the requirements of the Department of Transportation regulations "Governmentwide Debarment and Suspension (Nonprocurement)" 49 CFR Part 29. Date n aeNQ 1, 1 q3 Signa re Title or The bidder hereby certifies that it cannot comply with the requirements of the Department of Transportation regulations "Governmentwide Debarment and Suspension (Nonprocurement)" pursuant to 49 CFR Part 29. Date Signature Title gn PM" BID PROPOSAL BID FOR UNIT PRICE CONTRACT 7 PLACE South Plains Mall Transfer Center, Lubbock, Texas. DATE I� � ABC N P L , M3 r�. PROJECT NUMBER 1 �.. Proposal of r1 uL' CzT V PAv tt S Zile • (hereinafter coiled Bidder) i To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) r-• Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a \-L- ��Atvaot=EV LIE ly-V�Q 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, 7 within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written 'Notice to Proceed" of the Owner and to fully complete the project within 60 (Sixty) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the cum of 9154.00 (One Hundred and Fifty Four Dollars) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, ell as more fully set forth in the general conditions of the contract documents. r" Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction I number 20 of the General Instructions to Bidders. �.. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and my not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. 7 r� The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has r bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (t ) or a Proposal Bond in the sum of Dollars (t ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shalt be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract r documents swede available to hies for his Inspection in accordance with the Notice to Bidders. 7 meal if Bidder is a Corporation) ATTEST: Secretary h r Contractor /} C�rLEN �. �';r�,TctEN y �'Zi G=S�cIVT EXHIBIT "A" BID PROPOSAL WITH UNIT PRICE ITEM QUANTITY ITEM DESCRIPTION AND UNIT PRICE TOTAL NO. AND UNIT AMOUNT DEMOLITION FOR CITIBUS PULL OUT AND TRANSFER FACILITY C-1 525 S.Y. HMAC pavement surface removal, including all excavation, transport and disposal in a proper facility off site, completely removed and disposed, per square yard C-2 MATERIALS: DOLLARS ($ 0.15 ) SERVICES: DOLLARS ($ n.15 ) TOTAL ITEM C-1: ($ 1 5c ) 243 L.F. City of Lubbock and private concrete curb and gutter removal, including all excavation, transport and disposal in a proper facility off site, completely removed and disposed, per linear foot MATERIALS: SERVICES: TOTAL ITEM C-2: C-3 2 S.Y. MATERIALS: SERVICES: TOTAL ITEM C-3: C-4 LUMP SUM MATERIALS: SERVICES: TOTAL ITEM C-4: DOLLARS ($ A.00 ) DOLLARS ($ A.co ) ($ L• . ee ) $ -3q3 'IS $ 3 c 35 "15 $ 'I8"1.se, $ LIF, L- cc $ q"ta.or, Concrete drainage gutter removal, including all excavation, transport and disposal in a proper facility off site, completely removed and disposed, per square yard DOLLARS ($ q . co ) $ 1 9 . c r- DOLLARS ($ cl co ) $ 19. C n ($ 19 .co ) $ _-�1.. c:C Salvage existing sprinkler heads and cap existing service lines outside limits of new construction, maintain water supply to remainder of system, complete and salvaged, per lump sum DOLLARS ($ :SSC, co ) $ . SG. C c DOLLARS ($ 4SO. oo ) $ Asn' oa ($SCCn. oc ) $ Sc>O.co NEW CONSTRUCTION FOR CITIBUS PULL OUT AND TRANSFER FACILITY, C-5 105 S.Y. Type "C" HMAC pavement, 1-1/2" minimum compacted thickness, including all excavation and subgrade preparation, 6" compacted caliche base, prime and tack coats, complete and in place; per square yard MATERIALS: DOLLARS ($ S c-, ) $ S:2.5 c: t SERVICES: DOLLARS ($ '5 oa ) $ 5 9 C, c c TOTAL ITEM C-5: ($k U.ac ) $ %G.cC• F ITEM QUANTITY ITEM DESCRIPTION AND UNIT PRICE TOTAL NO. AND UNIT AMOUNT NEW CONSTRUCTION FOR CITIBUS PULL OUT AND TRANSFER FACILITY, C-6 255 L.F. 241, wide standard City of Lubbock concrete curb and gutter, including all excavation and subgrade preparation, complete and in place, per linear foot MATERIALS: DOLLARS ($ a.'IS ) $ 1101. �2 5 SERVICES: DOLLARS ($ a•'15 ) $ 110 1. AS TOTAL ITEM C-6: ($5.So _) $ I-1c2•5o C-7 228 L.F. 3011 wide reinforced concrete curb and gutter, including all excavation and subgrade preparation, complete and in place, per linear foot MATERIALS: DOLLARS ($ 3. co ) $ Ic $ 4 b o SERVICES: DOLLARS ($ 3. cc ) $ h' 1. o c TOTAL ITEM C-7 : ($ 1', oc ) $ 17S tc S C-8 345 S.Y. 8" reinforced concrete paving, including all excavation and subgrade preparation, reinforcement, and jointing, complete and in place, per square yard MATERIALS: DOLLARS ( $ A 1.35 ) $ 131c E . '1 5 SERVICES: DOLLARS ($a1.35 ) $ 1 3ivJ� 115 TOTAL ITEM C - 8 : ($ L- A • 'l o } $ 1 L1 '1 3 i- S o C-9 290 S.Y. 4" reinforced concrete sidewalk, including all excavation and subgrade preparation, reinforcement, and jointing, complete and in place, per square yard MATERIALS : DOLLARS ($ t C . `13 ) $ SERVICES: DOLLARS ($ 1 c>."1 5 ) $ 7� 1 t 1 . 3 c TOTAL ITEM C- 9 : ($ 9 ). 'A L- ) $ L- ", ; 3 ui U C-10 6.5 S.Y. Standard City of Lubbock concrete handicap ramps, including all excavation and subgrade preparation, reinforcement, and jointing, complete and in place, per square yard MATERIALS: DOLLARS ($ 10 -'13 ) $ Log . 11 S SERVICES: DOLLARS ($ t o. 13 ) $ loCi . 15 TOTAL ITEM C-10 : ( $ a 1 46 ) $ 13 t . SC. C-11 3 EACH 36 inch square Neenah No. R-8704-A or approved equal frame and grate, complete and in place, per each MATERIALS: DOLLARS ($ 1,15 cc ) $ 3,15 o c SERVICES: DOLLARS ($ 1V5.cc ) $ 3Z5 cc. TOTAL ITEM C-11: ($ A50-co ) $ 15G.cc ITEM QUANTITY ITEM DESCRIPTION AND UNIT PRICE TOTAL NO. AND UNIT AMOUNT NEW CONSTRUCTION FOR CITIBUS PULL OUT AND TRANSFER FACILITY. C-12 3 EACH 6' x 10, Midwest American Shelter Systems bus shelters provided by Citibus, constructed and installed as per manufacturer's recommendations, complete and in place, per each, MATERIALS: DOLLARS ($ -IOo. bo ) SERVICES: DOLLARS ($ 4 CO.00 ) TOTAL ITEM C-12: ($ S Co.00 ) C-13 200 L.F. ::ATERIALS : SERVICES: TOTAL ITEM C-13: Buried No. 10 conductors and ground in 1/2" conduit including all excavation and paving repair, complete and in place, per linear foot $ 1�ac.cc $ 1 AoG. cc $ a 4GU cc DOLLARS ($ Q. A5 ) $ SG . Cc DOLLARS ($ D . :� 5 ) $ _5 U . c c ($ n SC ) $ 100.00 C-14 237 L.F. 1/2", 3/4" and 1" diameter schedule 40 PVC water line installed according to the Uniform Plumbing Code, including all excavation and compacted backfill, fittings and testing, complete and in place MATERIALS: DOLLARS ($ 0.50 ) $ 1 N%. SG SERVICES: DOLLARS ($ 0,50 ) $ �\8.5c. TOTAL ITEM C-14 : ($ 1 . c o ) $ a 3l . oc> C-15 3 EACH 1/2" Nibco brass hose bib mith handle and male thread connector, installed and tested on 1/2" diameter Schedule 40 PVC, complete and in place, per each MATERIALS: DOLLARS ($ a q 3 5 $ lel • O S SERVICES: DOLLARS ($ 5 ) $ SS. of, TOTAL ITEM C-15: ($ S19.'1U ) $ Intl, to C-16 3 EACH Neenah No. R-6665-OAH or approved equal square type manhole with frame and hinged and bolted lid, installed, complete and in place, per each MATERIALS: DOLLARS ($ $ 3'15 0 c, SERVICES: DOLLARS ($ 1)-5 oc, ) $ 31 S co TOTAL ITEM C-16: ($ a50. to ) $ '1 50. oc C-17 2 EACH 30 foot tall light standards, including concrete base, anchors, pole installation and all conduit installation, electrical connections and testing, complete and in place, per each MATERIALS: DOLLARS ($ Ig50.00 ) $ �90G.co SERVICES: DOLLARS ($ tAc5o,cr. ) $ TOTAL ITEM C-17: ($39nC. ec. ) $ '1 S Cc cc r ITEM QUANTITY ITEM DESCRIPTION AND UNIT PRICE TOTAL NO. AND UNIT AMOUNT NEW CONSTRUCTION FOR CITIBUS PULL OUT AND TRANSFER FACILITY, C-18 LUMP SUM Repair existing landscape and adjust existing sprinkler system adjacent to project as necessary, per lump sum MATERIALS: DOLLARS ($ JOGS co ) $ let. cc SERVICES: DOLLARS ($ 1 DO co i $. t CC.. C. c- TOTAL ITEM C-18: ($ .lOa. e.o ) $ '200. cam- C-19 3 EACH Plant in each of the tree wells a 2 inch caliper cedar elm tree, to be installed by a certified nurseryman and guaranteed for one year, complete and in place per each MATERIALS : DOLLARS ($ 83 gA ) $ 15+ • 5;z, SERVICES: DOLLARS ($ q 3 : S y ) $ 'i51 . 5 Z TOTAL ITEM C-19: ($ Ilci.Ics ) $ -)v3 C'i C-20 2 EACH Standard pedestrian crossing signs installed with 7 feet of clearance in accordance with materials and methods of the Manual of Uniform Traffic Control Devices 1988 edition, complete and in place, per each MATERIALS: DOLLARS ($ 30. c o ) $ L- C' . c o SERVICES: DOLLARS ($ 30.co ) $ U.C..cc TOTAL ITEM C-20: ($ k(c. cc ) $ t'4; ->.co BID TOTALS FOR CITIBUS PULL OUT AND TRANSFER FACILITY: l MATERIALS TOTAL: $ SERVICES TOTAL: $.0 ; 3 BID TOTAL, CITIBUS PULL OUT AND TRANSFER FACILITY ITEMS: $ AIL i'Ito.514 1 w. r r ITEM QUANTITY ITEM DESCRIPTION AND UNIT PRICE TOTAL NO. AND UNIT AMOUNT DEMOLITION FOR SOUTH PLAINS MALL WALKWAY FACILITY, SPM-1 244 S.Y. HMAC pavement surface removal, including all excavation, transport and disposal in a proper facility off site, completely removed and disposed, per square yard MATERIALS: DOLLARS ($C,_'15 ) $ 1 S 3 . c c' SERVICES: DOLLARS ($ h.'7S ) $ IS 3.cr TOTAL ITEM SPM-1: ($ 1 . SC ) $3 to (r. co SPM-2 228 L.F. South Plains Mall private concrete curb and gutter removal, including all excavation, transport and disposal in a proper facility off site, completely removed and disposed, per linear foot MATERIALS: DOLLARS ($ 2 . a o ) $ a S 1� • a o SERVICES: DOLLARS ($ _l o o ) $ 5 Ic c c TOTAL ITEM SPM-2: ($ 4 , co ) $ cl I a . co NEW CONSTRUCTION FOR SOUTH PLAINS MALL WALKWAY FACILITY, SPM-3 99 S.Y. Type "C" MAC pavement, 1-1/211 minimum compacted thickness, including all excavation and subgrade preparation, 6" compacted caliche base, prime and tack coats, complete and in place, per square yard MATERIALS: DOLLARS ($_q.co ) $ q b.cc SERVICES: DOLLARS ($ q.co ) $ 3 U- cc TOTAL ITEM SPM-3: ($ R. ec ) $ 1 q a ac SPM-4 196 L.F. 30" wide reinforced concrete curb and gutter, including all excavation and subgrade preparation, complete and in place, per linear foot MATERIALS: DOLLARS ($ 3 0 c, ) $ S q a . c - SERVICES : DOLLARS ( $_3. c o ) $ _S ci 4 . c o TOTAL ITEM SPM-4: ($ ic. C'.r, ) $ 1 % g S . cc SPM-5 132 S.Y. 4" reinforced concrete sidewalk, including all excavation and subgrade preparation, reinforcement, and jointing, complete and in place, per square yard MATERIALS: DOLLARS ($ 111 . l7 3 SERVICES: DOLLARS ($ 1 0 , O 3 TOTAL ITEM SPM - 5 : ( $ a y • a L, ) $ 3 1 11 5 • ci fl SPM-6 13 S.Y. Standard City of Lubbock concrete handicap ramps, including all excavation and subgrade preparation, reinforcement, and jointing, complete and in place, per square yard MATERIALS: DOLLARS ($ 12 . c c ) $ 1 S 1Z . o c SERVICES : DOLLARS ($ 1 g G G ) $ 15 It C o TOTAL ITEM SPM-6 : ($ A-1 -oo ) $ ? 19 . o0 I 4- ITEM QUANTITY ITEM DESCRIPTION AND UNIT PRICE TOTAL NO. AND UNIT AMOUNT NEW CONSTRUCTION FOR SOUTH PLAINS MALL WALKWAY FACILITY, SPM-7 3 EACH 36 inch square Neenah No. R-8704-A or approved equal frame and grate, complete and in place, per each MATERIALS: DOLLARS ($ % IS .o a ) $ 3115 cc, SERVICES: DOLLARS ($ 1 3,5 co ) $ 315. cc TOTAL ITEM SPM-7: ($ $ "1 c, c , co SPM-8 98 L.F. 1/2", 3/4" and 1" diameter schedule 40 PVC water line installed according to the Uniform Plumbing Code, including all excavation and compacted backfill, fittings and testing, complete and in place MATERIALS: DOLLARS ($ 0. Ioo ) $ 5 1� . Qp SERVICES: DOLLARS ($ G, L. o ) $ TOTAL ITEM SPM-8 : ($ )'40 ) $ 1 1'1 tic: 'V SPM-9 3 EACH 1/2" Nibco brass hose bib with handle and male thread connector, installed and tested on 1/2" diameter Schedule 40 PVC, complete and in place, per each MATERIALS: DOLLARS ($ AR 34 ) $ '8 g . c a SERVICES: DOLLARS ($ AR 5c1 ) $ 84 c a TOTAL ITEM SPM-9: ($ ST, Lq ) $ 1'1Ic. cy SPM-10 3 EACH Neenah No. R-6665-OAH or approved equal square type manhole with frame and hinged and bolted lid, installed, complete and in place, per each MATERIALS: DOLLARS ($ 05 c e ) $ *,'I 5 c o SERVICES: DOLLARS ($ 1$ 3 15- cc. TOTAL ITEM SPM-10: ($ �SG.oc ) $ Isc,.ci- SPM-11 3 EACH Plant in each of the tree wells a 2 inch caliper cedar elm tree, to be installed by a certified nurseryman and guaranteed for one year, complete and in place per each MATERIALS: DOLLARS ($ SERVICES: DOLLARS ($ S3 %q ) TOTAL ITEM SPM-11: ($ 1611. Ls ) SPM-12 2 EACH Standard pedestrian crossing signs installed with 7 feet of clearance in accordance with materials and methods of the Manual of Uniform Traffic Control Devices 1988 edition, complete and in place, per each $ $ $ SC:? cif MATERIALS: DOLLARS ($ 3t. oo ) $ (L'e. c.)v SERVICES: DOLLARS ($3c.tc, ) $ LcLC.C.c. TOTAL ITEM SPM-12: ($ Lco to ) $ I ac. cc% G ITEM QUANTITY ITEM DESCRIPTION AND UNIT PRICE TOTAL NO. AND 'UNIT AMOUNT NEW CONSTRUCTION FOR SOUTH PLAINS MALL WALKWAY FACILITY, 3 E SPM-13 520 S.F. 811 wide yellow paint striping, including all surface cleaning and preparation plus a second application 30 days after the initial striping MATERIALS: DOLLARS ($ 0,25 ) SERVICES: DOLLARS ($ b. &S ) TOTAL ITEM SPM-13 : ( $ D SLR ) BID TOTALS FOR SOUTH PLAINS MALL WALKWAY FACILITY: MATERIALS TOTAL: SERVICES TOTAL: BID TOTAL, SOUTH PLAINS MALL WALKWAY FACILITY ITEMS: BID TOTALS FOR ALL ITEMS: MATERIALS FOR ALL ITEMS: SERVICES FOR ALL ITEMS: BID TOTAL FOR ALL ITEMS: $ y'1 I 1 ' 3 c, $ $ 5,4 ,13,. 1cC $ 1-kq kUq. L � _� : i _ _ ; ; [� ._..�: L �: i _ .: i:� �: 1�.� L� _: L_:_. � C._ _ : L�.._� L �ws C ��e tr , _.,_� i._ __ _: [�_: L_:.. [a�..v: LIST OF M CONTUCTORS I This form shalt be completed end submitted with the Bidder's Pr000set, Minority Owned ... Yes No 19 No Text FM 7 ro UNITED STATES FIDELITY AND GUARANTY co PANY N V 137648 POWER OF ATTORNEY a NO. 105707 KNOW ALL MEN BY THESE PRESENTS: Thu UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint John V. Shropsture, John V. Shropshire, Jr. and Virginia Smith of the City of Lubbock , State of Texas its true and lawful Attomey(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 astute 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 UNITED STATES FIDELITY AND GUA COMPANY as cause this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Via President and Assistant Secretary, this day of �e beIrs A.D. 14)2 I UNTIED STATES FIDELITY AND GUARANTY COMPANY � saaraMaa (Signed) By. ..�.... o� Senior Vice President (Signed) By........ ......:........ ............ Assist aot ...Sec..retary STATE OF MARYLAND) (�c`�1�, SS: 4 BALTiMORE CITY ) OA.�forc On this 4th day of Decenter A.D. meperso N14� Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELITY C,i�ARANTY COMPANY Paul D . Sims Assistant Secretary of said Company, with both of whom I am pe�cquainted. who bei�by' evenlly duly sworn id, that they, the said Robert J . Lamendola and Paul s were respective or Vice President and the Assistant Secretary of the said UNTIED STATES FIDELITY AND NTY COMPANY, t el c"�or�ioo described in ecuted the foregoing Power of Attorney; that they each knew the seal of said corporation; h al affixed to said P omey was such co e , that it was so affixed by order of the Board of Directors of said corporation, and that they signed Weir names thereto by Irkbyf':as Senior Vice Pre i�egt Assistant Secretary, respectively, of the Company. My Commission expires the llth dayin 95• L �1lY.L'�t'v NOTARY PUBLIC Ibis Power of Attorney is granted under and b of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Sep 1992: RESOLVED• that in connection with the ity 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 Attorney(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 =ached. 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 be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. L. Paul D . Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, 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 UNITED STATES FIDELITY AND GUARANTY COMPANY 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 e ITED STATES FIDELITY AND GUARANTY COMPANY on this 26 t hday of March .19 93 eIV searanae 1896 ��►» a>r. hel")L 0. /�' ............................................. Assistant Secretary FS 3 (10-92) G OW F - 17 ICI UNITED STATES r FIDEU,`s;;,=ARANTY COMPANY .�� any BID BOND BONDNUMBER .... ...... ».................... ........................... I ........................ ... KNOW ALL MEN BY THESE PRESENTS: THAT. Hub City Pavers, I.:..........»............»....................»................._.._»......»....................... ...... »... ............... .................... ....... ................... ............... .... ..._..... ...... »...... ....... of ._.....Lubbock,Texas ............... »...... .._............ »»_... ..........__ ................................ ................ _...................................... .............. ... ....... ................. ........ _.._....», as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto .................... _...... ........ ..... ..... ».... _................ ....... .......» _.....»..C.i.ty.... of ... Lubbock.,...Texas...... .... ......... ..................................... ............. ...».»........ ......... .... ... »..._.._..........»...»__.._ . as Obligee, in the full and just sum of ...... ......... Five,Percent ,of »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 for South Plains Mall Transfer Center 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 raid• 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 H 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. ..»March .26 1� ,,, Mate) Hub City Pavers, »Inc. UNITED, STATES FIDELITY AND GUARANTY COMPANY hn�V.»�Shropshr re, Jr. Attorneyan4act J.. IL,..,, 1+ ♦ t ; ..,.. .. ':.r' Ya.31�.�.''S'S�LL �.:iL PAYMENT BOND 21 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS r AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, l 1959 KNOW ALL MEN BY THESE PRESENTS, that Hub City Pavers, Inc. (hereinafter called the Principal(s), as Principat(s), and United States Fidelity 6 Guaranty Company (hereinafter called the Surety(s), as Surety(s), are held and RMWrgg}�rx , ,,I Y9A4L"i1 dbeTr�tu-Celt�d-the- Obligee), in the amount of -Forty-nine Thousand, Six/ Dot tars l rs 1� lawful saney of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 19_, to For Bid #12517 - South Plains Mall Transfer Center and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH, that if the said Principal shall pay all claimants II supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shell be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (a) have signed and sealed this instrument this day of 19 Principal r" Hub City Pavers, Inc. By. �• (title) Pres i ent By: 11 By: (Title) United States Fidelity & Guaranty Surety *By: tt � John V. Shropshire, Jr. Attorney -in -Fact (Title) 23 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates * * an agent resident in Lubbock County to whom any requisite notices may be delivered and on wham service of process may be had in matters arising out of such suretyship. **The Shropshire Agency, Inc. United States Fidelity 6 Guaranty * By: Surety (Title) John V. Shropshir,e,'J-r._ Approved as to form: Attorney -in -Fact City of Lubbock By: /City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation, if signed by an Attorney in Fact, we must have copy of power of attorney for our files. 24 r r UNITED STATES FIDELITY AND GUARANTY COMPANY N o 137641 ,aur• POWER OF�ATTORNEY '.,• NO. KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint John V. Shropshire, John V. Shropshire, Jr. and Virginia Smith of the City of Lubbock , State of Texas its true and lawful Attomcy(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 UNITED STATES FIDELITY AND GUARANTX COMPANY as cause¢ this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 4t day of �eilber , A.D. 16)2 UNITED STATES FIDELITY AND GUARANTY COMPANY Imsa (Signed) By...� P ........ I......... � f Senior Vice President (Signed) By...................... ............... ` �� '�Auistant Secretary STATE OF MARYLAND) �'" BALTIMSS: ORE CITY ) � $ 1p on this 4th day of December A.��Qy"I ,be Pore me pe e Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELITY Y �0RANTY COMPAI Paul D . Sims Assistant Secretary of said Company, with both of whom I am cquainted, whbe' by severally duly swo� that they, the said Robert J . Lamendola and Paul ms 1� were respective or Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY �� COMPANY, ration described in executed the foregoing Power of Attorney; that they each knew the seal of said corporation;--'^ri^ seal affixed to said Rn tt omey was such cot ]al, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto b k e eras Senior Vice Prcsi Assistant Secretary, respectively, of the Company. My Commission expires the llth day in , 95 (S n . J rJ i'l� NOTARY PUBLIC This Power of Attorney is granted under and �ity of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Sept 1992: RESOLVED, that in connection with the fi Itty 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 Attomcy(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 tame 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 maybe engraved, printed or lithograpbed. 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 Attorneys) -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)-ia-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terns 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 Attorneys) -in -Fact 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. L Paul D . Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, 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 L the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY 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 e ITE STATES FIDELITY AND GUARANTY COMPANY on this day of • 19 yriM+O D A . v............................................. q vivime- Assistant Secretary k s 3 (la9z> r i 6/ 2/1993 |====== —.... .... .... —.... .... .... .... .... .... —... .... .... .... .... .... .... .... —............... ... ... ... ....................................................... RODUCER —.... .... .... .... .... .... .... .... —.... .... .... .... —.... .... .... ....... .... ........ ........ .... ... ........ ........ ------- THIS CERTIFICATE IS ISSUED AS A MATTER OF | | The Shropshire Agencyv Inc. :INFORMATION ONLY AND CONFERS NO RIGHTS UPON � ';P.D. Bow 10428 :THE CERTIFICATE HOLDER. IT DOES NOT AMEND, | ',Lubbock, TX 79408 :EXTEND OR ALTER THE COVERAGE AFFORDED BY THE � | (806) 763-7311 :POLICIES BELOW. | � ^`-----------------------------... .... .... |======| COMPANIES AFFORDING COVERAGE |======�| 'INSURED � COMPANY A: AETMA CASUALTY & SURETY CO. | UB CITY PAVERSn INC" | COMPANY B: U S FIRE INSURANCE CO. | | 4214-50TH STREETw SUITE B | COMPANY C: | |LUBBOCKv TEXAS 79413 | COMPANY D: | i_........... ....... ............................... ... —.... .... ....... -------------- | COMPANY E: | ........ .... .... ....... .... ........ .... —.... .... .... ------------------------------- COVERAGES This is to certify that 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 he is� L med 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. |=| INSURANCE |====| POLICY � -----_----------------------------------------------------------------_-------- | |GENERAL LIABILITY| Effective|$ 1,000,000 General Agg | ' �� |[X] Gen Liability|071GL82358 CCA | 01/��1/93 |$ Io��O��v��0�� Prod/CoOps Agg| / |[X] Occ C ] CM | | |$ 500,OOO Pers/Adv Inj � Y OCP | | . .$ 500,000 Occurrence | | |[ ] | |Expiration|$ 509000 Fire Damage | | | | 01/01/94 |$ 5,OOO Medical Exp | [--+-----------------+—.... .... .... .... —.... .... .... .... .... ----~--............ .............. ............. ........ .... ... ............ ... .... .... .... .... —.... .... .... ----------| | "AUTO LIABILITY | | Effective, ' |[X] Any Auto |071FJ1142662 CCS | 01/01/93 :$ 500,000 CSL | | |[X] All Owned | | | | -� | [X] Scheduled ' |[X] Hired | | | | |[X] Non —owned | |Expiration|$ BI (person) | || [ ] Garage 1-iab | | 01/01/94 |$ BI (accident) | |$ PD | +-----------------........... ... ------------_--+----------+--------------------------' . � ' 'EXCESS LIABILITY | . ' / / '$ Occurrence ' , . . | |[ ] Umbrella | | |$ Aggregate | ' |[ ] Other | | / / |__________________________| / --+-----------------+-------------------+----------|[%] Statutory Lmts| �.B | WORKERS COMP |407-09-00-27 | 01/01/93 |$ 1009000 Each Accident | | | AND | | EMPLOYERS LIAB | | |$ 500oOOO Disease —Limit | | 01/01/94 |$ 1000000 Disease—Empl | (--+--------....................... .... .... ... ...... ...... .... .... _--..... ... .......... ... ............ ... +----------+-------_----_------------_| |$ | . , . . . . . . . . | _________________________________________________�____________________________' ' :Description of operations/locations/vehic1es/other ^ \ [' FOR BID #12517 SOUTH PLAINS L MALL TRANSFER CENTER ' . ' . . PIN , . ` ' | --------------------------------------| CAN[��LLATION |------------------------| '|===�==| CERTIFICATE HOLDER |=======|Should any of the above describen policies| ' ----------------------~.... .... --------�be cancelled before the expiration date | \ 'thereof, the is�uing company will endeavor: L . CITY OF LUBBOCK :to mail 10 days written notice to the | | P^ 0, E40X 2000 :certificate holder named to the left, but | LUBBOCK, TEXAS 79457 :failure to mail such notice shall pose no | i :obligation or liability of any kind upon | / / ________—__---------------------------�� -- �� esentative|------ PERFORMANCE BOND 25 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIViL STATUTES OF TEXAS AS AMENDED BY i PM ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 Pavers, Inc. KNOW ALL MEN BY THESE PRESENTS, that Hub Ci ty6ereinefter called the Principal(s), as Principal(s), and I United States Fidelity & Guaranty Company (hereinafter called the Surety(s), as Surety(s), are held and U�t is Am�Ik Ity of Lu tQgbereina_fter called_the Obligee), in the amount of -Forty-nine Thousands Six/ Dol�ara ( x lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of , 19_, to r f For Bid #12517 - South Plains Hall Transfer Center r f and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. 1N WITNESS WHEREOF, the said Principal (a) and Surety (a) have signed and sealed this instrument this _ day of , 19_ United States Fidelity 6 Guaranty Company Surety • By. (TittW . 4psre, Jr. Attorney -in -Fact Hub City Pavers, Inc. Principal By• esi e n t (Title) By: (Title) By: (Title) 27 r The undersigned surety company represents that It is duly qualified to do business in Texas, and hereby designates * * an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of r.. process may be had in matters arising out of such suretyship. **The Shropshire Agency, Inc. United States Fidelity & Guaranty Surety r� Ito/. iza- «Hy: 7 (Title) _ir - jJohn V. Shropshire,` Jr. Approved as to Form Attorney -in -Fact" ` r City of Lubbock r Hy: city Attorney E « Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have copy of power of attorney for our files. L . r+op a i R !"0 l r r i 28 CERTIFICATE OF INSURANCE i r r 29 M cn 7 r i 6 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK .r �u r� THIS AGREEMENT, made and entered into this K r by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and NUB CITY PAYERS of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #12517 - SOUTH PLAINS MALL TRANSFER CENTER .44q, 4uci .4 and all extra work a in connection therewith, underthe terms as stated in the contract documents and at his (or their) own r proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance i and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents ha executed this �reement Lubbock County, Texas in the year and day first above written. T r ATTEST: ecretary APPRO AS T�O� C�ON�TE�%NT: APPROVED AS TO Faits: i rATTEST: Corporate Secretary r CI HUB CITY PAVERS (OWNER) OR - y: ^—� T LE: ESz1)E/uT COMPLETE ADDRESS: yaiy SOrN SrP-ET, SKzr-- LuBBocjc, TX 741113 36 I GENERAL CONDITIONS OF THE AGREEMENT r 37 GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: HUB CITY PAVERS, INC. who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to John Wilson, Manager Citibus, City of Lubbock, under whose supervision these contract documents, t including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the owner under the direction of owner's Representative, but shall not directly supervise the Contractor or wen acting in behalf of the Contractor. 6. CONTRACT DOCUMENTS The contract documents shall consist of the Motive to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their 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 shall be decided by the Owner's Representative, and said work shall be done in accordance with his Interpretations of the meaning of the words, terms, or clauses defining the character of the work. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE r" Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the Ntjce. r 9 i G R"' 1 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. Me has the authority to stop the work whenever such stoppage tt my be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shell furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE r The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall lkeep on the work, during its progress, a C mWtent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given �r�• to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable i representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. i'- 41 I 17. 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 effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. Is. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, Incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. 42 i If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the owner or owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or.approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, j� owner's Representative, or other persons authorised under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use rin the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in l conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the owner may make such changes and alterations as the owner may see fit, in the Line, grade, form dimensions, plans or 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 1 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 rider this contract; otherwise such additional work shall be paid for as provided under Extra Mork. In case the owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA MIRK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when r presented with a written work order signed by the owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the owner. it is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: - Method (A) By agreed unit prices; or Method (B) - By agreed lump sun; or r 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%) per cent. 43 i In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shalt apply and the "actual field cast° is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and sit other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these natters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shalt be incorporated in the written extra work order. The fifteen percent CIS%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other,elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In ease any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (Q . The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. it is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT Of OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall _ comply with such order: If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 44 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shell take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The r" Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and m supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance i protection as hereinafter specified. Such insurance shall be carried with an insurance company authorized to , transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General liability Insurance with limits of S300,000 Bodily Injury and S300,000 Property Damage per occurrence to include: r I Premises and Operations Explosion i Collapse Hazard Underground Damage Hazard Products i Completed Operations Hazard Contractual Liability J Independent Contractors Coverage ll Personal Injury (with exclusion "c" waived) r The City, is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. 45 B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and S100,000 for Property Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,000 Property Damage $100,000 — to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific Job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential loss) naming the City of Lubbock as insured. E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of (S1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance _ As required by State statute covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least S100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for ._. approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. 46 9 PIR d: (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. 7 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and .. agree not to discriminate against a qualified individual with a disability because of the disability of such Individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and priviliges of employment. r+� 30. PRDTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN. AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner to desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may ipply the sum to withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. }F"11 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION G 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 I 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 i the product of a particular manufacturer or manufacturers is specified or required in these contract documents by t 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. h 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 effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. if the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. r i I k *^ 47 The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any — proper extension thereof granted by the owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the owner may withhold permanently from Contractor's total compensation, the sum of $154.00 (one Hundred Fifty Four Dollars) PER OAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract to that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. '- 48 The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. .The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their comideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 37. HIMANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. Mo charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their 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 r. 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. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against.any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. F49 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and'material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for ell expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by owner ^' under the terms of this agreement. It is understood, however, that in ease the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the owner may upon written recommendation of Owner's ^, Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the'Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 50 j" Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final It measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day ^, after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become E due in any event upon said performance pe by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. f� 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK i' l Contractor shall promptly remove from Owners' premises all materials condemned by the owner's Representative on accent of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WDRK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD r� The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. �+ 48. TIME OF FILING CLAIMS It is further agreed by both Parties hereto that all questions of dispute or adjustment presented by the Contractor Malt be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any �. claim by either party, except where noted otherwise in 5 he contract documents. i ] i 44. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at'the request of either party to the dispute. The parties nay 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 within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the 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 shall be according to and governed by Arbitration Statutes of Texas, being Article 224, at seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are authorized 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. 50. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra York, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the 'same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or 52 (b) The Owner, under sealed bids, after notice published as 'required by taw, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost iii under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain board therefore. however, should the cost to complete any such new contract prove to be less than that t which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor,and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. 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 ardor 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 heretnabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shalt be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the 'jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 51. ABANDONMENT By 0WNER In case the owner shall fait to comply with the terms of this contract, and should fail or refuse to comply with �., said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which actually j estimate shall include the value of ail work y completed by said Contractor at the prices stated in the the a 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 sun r to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 53 52. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved _ Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 53. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shalt control. 54. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be — sustained and borne by the Contractor at his own cost and expense. 55. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 56. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute owner may remove the debris and charge the cost to the Contractor. 54 CURRENT WAGE DETERMINATIONS 55 General Decision Number TX91602S superseded General Decision No. TZ9000:wa State: TEXAS Construction Type: ftaly County(ies): ECTOR istDIJ= MDALL LUBBOCK POTTER TAYLOR TOM GR..EN EEAVY (excluding tunnels • & . dams) and EIGEWAY - PROJECTS, (does..not- include building structures in rest area projects). Modification Number Publication Date 1 12/13/1991 TX910028 - 1 COUNTY (ies) : ECTBR MIDLAND RANDALL TOY 'GREEN LUBBOCK POTiT TAYLOR Craft Croup Name: Craft/Rate Text Block: S=037A 1 11/13/1991 Basic Fringe Hourly Benefits Rate ASPHALT EMITER OPEpi%TOR $ 7.4 6 7 ASPHALT MEER 7.267 JLSPF.ALT SF.ov7zzR 6.400 BATCF=G PLANT WEIGEMR 9.799 CARPENTER 8.153 CARPiN' :'ER F.ELPE ZR 6.881 CONCRETE FINISHER -PAVING 7.496 CONCRETE FINIS.. zR HELPER PAVING 6.500 CONCRETE r=silm STRUCTU ES 6.148 CONCRETE F=SEER IM ZR STRUCTURES 6.987 £?,�r CTRICIAN 10.000 EXECTRICmiLK BELPER 9.500 FZAGGER 5.500 FOPM BUILDER -STRUCTURES 8.021 FORD BUILDER hrLPER STRUCTURES 7.000 FOP.M SETTER - PAVING & CURB 8.300 FORM SETTER & CURB 6.307 TX910028 - 2 jr F FORM SETTER -STRUCTURES 7.839 FOR! 5=-%M EMPER STRUCTURES 6.479 LABORER -COMMON 6. 018& " LABORS UTIL�TTv 7.102' MECE NIC 10.282 MECHANIC IMI ER 8.000 OILER 8.233 SERVICER 7.823 PIPE LAYER 7.000 PIPE LAVER EELS 6.250 ASPfiALT DISTRIBUTOR OPERA -TOR 7.972 ASPHALT PAV1'NG YAC=Z 6.187 BROOK OR SwLEPER OPERATOR 6.411 BULLDOZER 7.963 CONCRETE PAVING CURSNG MACEINE 9.100 -CONCRETE PAVING FINISHING Yl cs--m 6.075 CONC" tr.TE PAVING ionT ' SEALER 7.750 CONCRETE PAVING SAW 10.063 CONCR M PAV NG SPREP.DER- 9.100 RFINroRCINC- ST--&;L MACETNr 6.500 SLIPFORM MAGEINE OPERATOR 9.000 CRANE, f--LAx_4"= T- j' BA,CxEOE DERRICK, DRAGLINE, SHOVEL LESS MEAK 1 1/2 C.Y. 8.574 CRANE, C AMSEELL, BACKHOE DERRICK, DRAGLMl , SHOVEL 1 1/2 C.Y. •& OVER 10.043 CRUSFXR OR SCREENMG PLANT OPERATOR 7.500 FOUNDATION DRILL OPERATOR CRAWLER Y.OVh"T'ED 9.000 TX910028 - 3 r-� FOUNDATION DRILL OPERATOR TRUCK MOUNTED 10,750 FOMMATION DRILL OPERATOR ;mT,'bL-R 7.050 FRONT END LOADER - 2 1/2 C.Y. a LESS 7.458 FRONT END LOADER - OVER 2 1/2 C.Y. 7.669 ROIST — D=BLE DRUX 8.100 MOTOR GRADER, OPERATOR FINE GRADE 10.343 MOTOR CReDER 9.635 PAVEMENT MAP=G MACE 9.150 PLAN-2.2-It OPZ ATOR 10.458 ROT..,r�R, STEEL %EM:L PLANT I.=X PAVETTS 6.828 ,ROLTER, STEEL Wr"""E. .EL OTE M, FLATWEEEL OR T1-MPiNF 6.474 ROLLER, PNEUXA. IC SELF-PROPELLED 6.455 SCRAP-R-1 C.Y. & LESS 7.546 SCRnPZR-OVF,R 17 C.Y. 7.655 SIDE BOON 6.350. TRACTOR -CRAWLER TYPE 150.EP: AND i:ESS 7.290 TRACTOR -CRAWLER TYP:r OVER 150 Ep 10.750 TRACTOR - PT3 2F I& 7.422 REINFORCING STEEL SETTER PAVING 7.926 REINFORCING STEEL, SETTS-E-R STRUCTURES 9.086 R-EM FORCING STEEL SETTER HELPER 7.772 1- X910028 - 4 9 - 3ZOOT6XZ KOIS=2a '1u3Nno 3o a= C [TT)t-(g)S'S 6Z) �asnata az�.uoo sP�taPua�s �ogvt a =. PsPT-&=d'sa ATUO =OTZ=TzTssatn stm ;o ' ad=lr at{a, u-ega,tM palonjacrT you XsaA ,zoo papaaB suo t;TssaZo Ps Zs?Tan 06V 8 iMdrl= =a7za LZ8'tt X'3Q23M t 6 8' 9 XITnI J.I3rI@2iS-2i3di2$Q XOII2iL 99909 i0'I�i/�oSi�iO`I-�t3d22iQ :IOi12 ,L 0 £T' LII T 6 L' 9 .AY= a= wl!D=S-UTAZla M= Z69' 9 MMM 3IXT XDMQ 00909 aHOZ XaOM =.TAUZS 3QSaS?iM Z E E • L 190sV�Mao X01a 2i avau3s OSZ'9 'Iw.S. auras 2I3dTm EOM =7=9 000416 ?@2i M= - EOM `i=s I ' t. r r r rSPECIFICATIONS t: t t .. l: n P t �' 57 I [ MATERIALS OF CONSTRUCTION 0M 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 r" i, Cement shall conform to "Standard Specifications and Test for Portland Cement," A.S.T.M. Serial Designation C150, r` Type I and Type III, and shall be an approved brand. 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 material's, loam or organic impurities. All aggregate shall be approved by the 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. i ,Stockpiles 7 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 7 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, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts or other chemicals. D. Concrete Materials Test Pre -Construction Tests 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 days run greatly exceeds this amount, but these tests may be 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 costs of all such testinq 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 E^ 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 l Concrete conforming to these specifications may be "Ready l Mix" but transporting vehicles shall be operated such as to insure delivery and placement in forms without loss or r' 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 many test 3 day 7 day beam strength 28 day 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 Strenath Concrete Any class of concrete incorporated 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 7 F r F 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. G. Mixin 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 fibers specifically 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 r- 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 r 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 C. 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 r 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 l 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 r groove in the face. 6. FLEXIBLE BASE (CALICHE) A. Description "Flexible Base (Caliche)"shall consist of a foundation j� course for surface course or for other base courses. It ll 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. r. 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: r IV-7 Sieve Size 2" 1-1J2" 7/8" 1J2" 14 140 ------------------------------------------------------- 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 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 aggregate on hand unless otherwise directed by the Engineer. IV-8 Material shall be,stockpiled Ah,-,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. r (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 2" 7 8" 1m jt4 040 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 prior to the mixing operations. Where more than one material is used, tests will be on the combined materials. r The mineral aggregate shall not contain more than 0.5% c; 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 Engineerandshall 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. F (1) Asphaltic Stabilized Mixture IV-9 r 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 r- k When requested by the-Engineer,=4oi,gh'batch and continuous types of mixing plants shall be equipped with automatic 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,. r. "Weighing and Measuring Equipment." A. Weiah-Batch Type (1) Cold Aggregate Bin and Proportioning Device of the 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 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 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 i 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 Proportioning 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 t E IV-11 r to the proper location on the mixing plant where representative samples maybe 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 timelockthat 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) aurae -Storage System IV-12 �r^ A surge -storage system�.�may-be�,usea. It shall be I adequate to minimize productioninterruptions 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. (s) 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 Type (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) Hot 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 (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) Surge Storage System A surge storage system may be used. It shall be adequate to minimize production interruption during IV-14 i the normal.day's.gperation..Adevice such as a gob hopper or other'similar`devices approved by the Engineer to prevent segregation in the surge r• 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 r Scales may be standard platform truck scales or 4 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. r t 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 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 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 bemadefor 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 Is ili. be of the type that continually agitates the aggregate and asphalt mixture during heating and in which the temperature can be so controlled that the aggregate and asphalt will not be d damaged in the necessary drying and heating operations required to obtain a mixture of the specified temperature. A continuously recording thermometer shall t be provided which will indicate the temperature of the t 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 I IV-17 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 material into 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: t (1) Pneumatic Tire Rol'lpr's"(Vtequi ed' 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 f This roller shall be an acceptable power -driven trench i' 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. (6) Vibratory Steel -Wheel Roller (Required on all Black Base) This roller shall have a minimum weight of 6 tons. The r 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 r 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 IV-19 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) Stoc piling of Aggregates Prior to 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 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 Drys n ` of Aggrega e` t 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 j' mixture unit at a temperature more than 4000 F. The proportioning of the various materials entering the asphaltic mixture shall be the responsibility of the Contractor as approved by the Engineer andin 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 Type 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 r, 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. Temporary storing or holding of the asphaltic mixture by the surge -storage system may be used during the normal days operation. Overnight r 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 -Tyne 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 i 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 PmA 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 40° 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 when the general weather conditions and temperature and moisture conditions of the subbase or subgrade,in the opinion of the Engineer, are suitable. If, after being discharged from the mixer and prior to J placing, the temperature of the asphaltic mixture is 250 F or more below the temperature approved by the Engineer, all r- t r E IV-23 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 coatis 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 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 E 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. 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. 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 a rollers, rolling shall start longitudinally at the sides and proceed toward the center of the pavement, r., 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 i until no further increase in density can be obtained and all roller marks are eliminated. The motion of the roller shall be slow enough at all times to avoid displacement ofthemixture. 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 on any 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. and Tampin 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 i City personnel will provide density test and results throughout the construction process at no cost. to the contractor. r 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. 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 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. IV-27 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, tough, durable fragments of crushed stone of uniform quality throughout; mixing or combining crushed gravel 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-460-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. IV-28 When it is specified`ihalt`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. 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 of material removed shall not exceed 1 percent. 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 requirements specified. (3) Fine Aggregate The fine aggregate shall be that part of the aggregate passing the No. 10 sieve and shall consist of sand or screenings or a combination of sand and screenings. The plasticity index of that part of the sand passing the No.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 7, IV-29 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 changed during the course of the project except by written permission.of the: Engineer. (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 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. IV-30 (C) Paving Mixtures'' The paving mixture shall consist of a uniform mixture of coarse aggregate, fine aggregate and asphaltic 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 curve 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 "C" Type "D" Size (Residential Traffic Only) Percent by Weight Passing Sieves 1" 100 --- 3/4" 98-100 --- 1/2" 81-93 100 3/8" 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 N0.100 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 material not less than 60 days prior to anticipated use 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. IV-31 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: Percent by weight Material Tolerance Plus or Minus Aggregate passing No. 4 sieve or larger 4 percent 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 respective tolerance specified above. (See Section IV-7-C (1) for methods of extraction of asphalt) Asphaltic Concrete mixture has been corrected and IV-32 i i subsequent grading and extraction tests indicate results within the tolerance stated herein. All Hot - Mix Asphaltic Concrete mixture so constructed. which PW 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 8 14 8 18 Air Voids Surfacing or Leveling 3 5 3 5 Percent Voids in Mineral Aggregate 13 -- 14 --- (3) Sampling and Testing 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 in composition, compaction, or thickness, satisfactory correction shall be made as directed by the Engineer. 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 �. procedures contained in Chapter III of the Asphalt r" IV-33 i 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 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 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 discontinued until a new design mixture is determined by trial mixes. 11. SILO STORAGE A 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 shallbe 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 furnishreplacements when necessary or requested by the Engineer. 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 IV-34 Ii l 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 E 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 j^ visibility if requested by the Engineer. Where there is serious interference from extraneous light r. 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 or the proposal. 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-35 Details of Construction 1. CONCRETE A. Curb and Gutter (Class A -Concrete) Description This item shall consist of Portland.Cement 2411 concrete curb and gutter or 2411 separate gutter as shown on the plans or as directed by the engineer, and shall be constructed of Class A concrete. Included in the curb and gutter item is the subgrade preparation and the filling and shaping of the area behind the curb. 1. Curb Openings 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 I r. 3. 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 r 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. i Forms for radii shall be set in the same manner as the straight forms except that no face form will be required r 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. 4. 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 only to shape to true cross- section when topping material is provided and pushed along on the front edge of the mule. 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 be used to strike the flow line to grade, continuously along the flow line of the gutter. This operation shall be followed with �. V-2 t 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 1/41" 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. Removina 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 Class A concrete shall be used for machine laid curb and gutter. The slump of the concrete shall be as directed by 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 V-3 r"° curb and gutter,"the''prviously approved foundation shall be thoroughly cleaned. The line for top of curb shall be maintained from a guideline set by the Contractor from survey narks established by the Engineer. Curb outline shall strictly r 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 C: voids and honeycombs and true to established shape, line, and grade. 7 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 .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 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 V-5- I j are the same as for curb` a`nd tjuiter`� where they can be ll directly applied. 1. Subcrade 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 7-1/2") 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. Forrin Forms for alley slab shall be placed where necessary to r' 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. Subarade Preparation (See Section V-21 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 and water are heated, they shall not be heated above 90 degrees F. Concrete shall not placed when the CfII: 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 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. Finishinq 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 (4") 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 suitable material as 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 alley return and alley paving construction, and if possible, the length of time said return and/or alley 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 appYoaches 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 r Special care is required of the Contractor in his removing k 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 r. 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 k by the Engineer. i 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 l 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 r 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. Subcrrade Preparation (See Section V-21 F. Reinforced Concrete Railroad Crossing (Class F Concrete) Description V-s This item shall consist of the construction of Class F reinforced concrete as shown on Concrete Railroad Crossing Details. (File 12-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. Placement 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. 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 "Standard Specification for'Welded Steel Wire Fabric For Concrete Reinforcement" ASTM Designation A-185, or approved fiber reinforcement. 1. Subgrade 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, 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 V-9 r assume all additional:':oost's •i.notted 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 y 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 P� 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. 19 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...............95 to loot V-10 r f 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 foreign substances. When.segregation is apparent, the aggregate shall be remixed. At the time of its use, the 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. 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 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 Agaregate. 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 shallmeetthe following grading requirements: Retained on 3/8" sieve.....................0% Retained on No.4 sieve................0 to 5% V-11 1 Retained on No. `8 sieve..........'.'...0 to 20% Retained on No. 16 sieve ............ 15 to 30t 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 r 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. Mixina 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. 8. Steel Dowel Bars Steel bar dowels, if used in accordance with provisions of r- project plans, shall be of the size and type indicated on V-12 7 9. 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. 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 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. 10. Mechanical Vibratory Equipment All concrete placed for pavement shall approved mechanical vibrators designed concrete internally. The internal type full -depth placement'Vibratory members across the pavement practically to, but V=13 be consolidated by to vibrate the will be used for shall extend shall not come in t 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 l frequency in air of the internal spud type vibratory units l 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 r- uniform, or required monolithic widths are greater than that of available finishing machines. 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. After finishing is complete 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 centerline and passed across the slab to reveal any high spots or depression. 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 -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 i 7, r' 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 r- 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 Find/or admixture if used and water, mixed in proportions as approved by the Engineer in the mix design a:; 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 l 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 l 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 7 14. Workability of Concrete 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 concrete which will have a slump of 1-1/2 inches when tested in accordance with THD Bulletin C-11. The slump shall not be less than 1 inch nor more than 3 inches. 15. Mix Desi - n 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 V-17 i strength will be selebted"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 r- 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, 4 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. Subarade 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 r a 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. Flacinct 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 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 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 springing or settlement shall be required. If forms settle 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 �- subgrade or shoulders adjacent td`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 h 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 time 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-2 0 7 specific written authorization of the Engineer, concrete shall not be placed when the temperature is below 400F, 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 the concrete at not less than 50OF for not less than 5 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 cold weather conditions and any concrete damage by freezing shall be removed and replaced at his expense. 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. Concrete 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. 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 l 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 r., 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. 4. 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 a: 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 ti 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 t' of the concrete up to the joint. After concrete has been E 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 r the time when concrete placing is resumed, when it shall d be carefully removed in such manner that no element of the V-22 5. 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. 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 has been disturbed by by the Contractor by curing seal. 6. Contraction Joints used, the portion sawing operations spraying the area of the seal which shall be restored with additional 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 I r 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 r, permitting traffic to use the pavement. 7. Longitudinal Joints r" Longitudinal joints shall be sawed within two days after dd construction of the pavement. Sawing shall not,cause damage to the pavement and the grooves shall be cut with a r- 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 joint by means 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. r 10. Spreading and Finishing All concrete pavement 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. 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 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. 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. il. 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 f j' 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 r 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 r- 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 r d perform other work involved in providing for the safety of t° traffic as required by the Engineer in ordering emergency opening. Orders for emergency opening of the pavement to N^ traffic will be issued by the Engineer in writing. V-26 2. EARTH WORK A. Eubarade Preparation for curb and ctutter, streets, paving lasphalt 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 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" 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 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 9 F r- thoroughfare and collector street paving. Subgrade shall be compacted to 100% Standard Proctor Density for thoroughfare and collector street paving. E Density tests (A.S.T.M. D-2922) will be performed and test rolling will be observed by City inspectors. Swelling subgrade (soils with plasticity index of 20 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 r 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. r- 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 (6") 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 taken 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 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 either outside or within the city limits._ Location of disposal sites near any lake area must be approved by the Engineer. 6. Subarade for Alley Paving 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, 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 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. 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`(7-1/2") 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 backfilled with suitable`materi8l 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 r 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 1/4" 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 l l Engineer. After completion of the roadway, it shall be continuously maintained to its finished section and grade 7 1 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 ofembankments 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 r 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 to 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 Filling and/or backfiling 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. Hauling 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-(911) 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 to 95% Standared Proctor Density (A.S.T.M. D-698) for all improvements except thoroughfare street paving shall'be compacted to 100% Standard Proctor Density. V-33 i i Density tests (A.S.T M.'D-29i�j'`Will be performed and test 17 rolling for base will be observed by City inspectors. a 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 I L ton pneumatic tire or other approved roller. The Engineer may require up to six passes of the roller in determining �. r the condition of the base. 4 All nine (911) inch compacted caliche base shall be accomplished in three (3") inch lifts. The caliche course (� shall then be sprinkled as required and rolled with l 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 lines 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 7 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 suable 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 (3/8) 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 A. Description 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 I 1 I r 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 rsamples will be tested in accordance with ASTM D-2041. r F 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 Reguirements 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 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 The compacted base upon which the hot mix asphaltic 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 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. 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 F given a light coat of oi1 1'ime 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 1 prohibited. r 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 i" 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, r, and structures. The surface course shall be laid in a compacted layer with a minimum compacted thickness of one and one-half inches (1-1/2"). 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. F 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. 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. S. 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 F 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 r. 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. 11. Ectuipment 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 Dumping 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 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. 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. Qpenincr 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 Ow 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 that can be reasonably removed prior to beginning of construction; however, this does not relieve the 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 Lubbock Power and Light City Traffic Shop Energas Traffic Shop V-43 767-2595 767-2554 767-2140 741-4200 r Southwestern Public'5etvice 763-2881 ` Southwestern Bell Telephone 741-6101 r 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 r 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 r- 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 r- all bills and fix responsibility for damage and govern the i extent of repair. r- V-4 4 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 Sequence Sewer First Electric (Primary) Second Electric (Secondary) Third Telephone Fourth (last if no power or T.V.) T.V. Cable Fifth Water Sixth Gas Seventh Traffic Engineering 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. 7. SALVAGING AND REPLACING BASE A. Description "Salvaging and Replacing Base" shall consist of removing the existing base material where shown on plans, such temporary storage as is necessary, and the replacement of this material on the prepared roadbed as herein specified V-45 r and in conformity with the typical sections shown on plans l and to the lines and grades as established by the engineer. B. Construction Methods 1. Salvaging Existing Base The existing base, including any bituminous mat not shown on plans to be salvaged, shall first be cleaned of all dirt or other objectionable material by blading, brooming or other approved methods, then scarified to the width and depth as may be required to provide the estimated amount of salvaged material per station as shown on the plans. Subgrade shall be reworked, if necessary, as directed by the Engineer. Any bituminous mat encountered shall be broken into particles not more than two inches in size, and incorporated uniformly with the existing base. The material thus salvaged shall be placed in stockpiles or windrows until sufficient subgrade has been prepared to receive the salvaged material; then, if the Contractor so elects, the remaining old base material as salvaged may be placed ( directly upon the prepared subgrade as directed by the Engineer, thus eliminating the necessity of stockpiling. It shall be the responsibility of the Contractor that all the available material shall be salvaged and replaced and shall be kept reasonably free of soil from the subgrade or roadbed during the salvaging and replacing operations. When material is windrowed or stockpiled, it shall be so placed not to interfere with traffic, proper drainage or the general progress of the work. 2. Preparation of Subgrade Preparation of subgrade shall be in accordance with Section V, Item 2 Earth Work of these specifications. 3. Reolacement of Salvage Material The salvage material shall be in accordance with Section V, Item 2 Earth Work of these specifications. 8. SALVAGING AND STOCKPILING BASE MATERIAL This item shall consist of salvaging base material from places shown on the plans or as directed by the Engineer and of stockpiling that material where shown on the plans or directed by the Engineer. B. Construction Methods V-46 Trash, wood, brush, stumps and other objectionable material at the storage site shall be removed and disposed of as directed by the Engineer prior to the beginning of work required by this item. The base material, including any asphalt mat, which may not be shown on the plans, shall be cleaned of all dirt or other objectionable material. Asphaltic materials shall be broken into pieces not more than two inches in size and incorporated uniformly with the salvaged base material. Material to be salvaged shall be worked into stockpiles or windows and loaded by approved equipment into approved equipment for hauling to the stockpile site. It shall be the responsibility of the Contractor that all the available material shall be salvaged and kept reasonablyfree of soil from subgrade or road bed during the salvaging operations. The operation shall be conducted in such manner as not to interfere with traffic, drainage or the general requirements of the work. After the material is deposited in the stockpile area, it shall be worked into a neat compact stockpile. 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 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-47 F F 10. PERFORMED PAVEMENT MARKINGS A. Description: This work will consist of furnishing and installing retroreflective preformed pavement markings in accordance with this provision and in reasonably close conformity with the dimensions and lines shown► on the plans or established by the Engineer. B. Materials: The preformed markings shall consist of white or yellow films with pigments selected and blended to conform to standard highway colors through the expected life of the film. Glass beads shall be incorporated to provide immediate and continuing retroflection. The size, quality and refraction index of the glass beads shall be such that the performance requirements for the markings shall be met. The bead adhesion shall be such that beads are not easily removed when the material surface is scratched with a thumbnail. The film shall have glass bead retention qualities such that when a 2" x 6" sample is bent over a 1/2" diameter mandrel, with the 2" dimension perpendicular to the mandrel axis, microscopic examination of the area on the mandrel show no more than 10% of the beads with entrapment by the binder of less than 40%. Preformed words and symbols shall conform to the applicable shapes and sizes as outlined in the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways," dated 1980, or as modified. The preformed markings shall be capable of being adhered to asphalt concrete or portland cement by a pre -coated pressure sensitive adhesive. A primer may be used to precondition the pavement surface. The preformed marking film shall mold itself to pavement contours by the action of traffic. The pavement marking films also shall be capable of application on new, dense and open graded asphalt concrete wearing courses during the paving operation in accordance with the manufacture's instructions. After application, the markings shall identify proper solvents and/or primers (where necessary) to be applied at the time of application, all equipment necessary for proper application, and recomemndations for application that will assure the materials shall be suitable for use for one year after the date of receipt. C. Classification V-48 The markings shall be general purpose high durability retroflective pliant polymer film without liner backing for preformed longitudinal and transverse markings. Words and symbols are required to have liner backing for proper shipping and handling. D. Requirements 1. Composition: The retroreflective pliant polymer pavement marking film shall consist of a'mixture of high quality polymeric materials, pigments and glass beads distributed throughout its base cross sectional area, with a reflective layer of beads bonded to the top surface. 2. Reflectance: The white and yellow films shall have the following initial minimum reflectance values at 0.2 degrees and 0.5 degrees observation angles and 86.0 degrees entrance angle as measured in accordance with the testing procedures of Federal Test Method Standard 370. The photometric quantity to be measured shall be specific luminance (SL), and shall be expressed as millicandelas;per square foot per foot candle. The metric equivalent shall be expressed as millicandelas per square meter per lux. The test distance shall be 50 feet (15m) and the sample size shall be a 2.0 x 2.5 feet rectangle (0.61 x 0.7m). The angular aperture of both the photoreceptor and light projector shall be 6 minutes of arc. The reference center shall be the geometric center of the sample, and the reference axis shall be taken perpendicular to the test sample. Observation White Yellow Ancrle 0.2 0.5 0.2 0.5 SL 550 380 410 250 3. Acid Resistance: The beads shall show resistance to corrosion of their surface after exposure to a 1% solution (by weight) of sulfuric acid. The 1% acid solution shall be made by adding 5.7 cc of concentrated acid into 1000 cc of distilled water. CAUTION: always add the concentrated acid into the water, not the reverse. The test shall be performed as follows: V-49 I r Take a 1" x 2" sample, adhere it to the bottom of a glass tray and place just enough acid solution to completely immerse the sample. Cover the tray with a piece of glass to prevent evaporation and allow the sample to be exposed for 24 hours under these conditions. Then decant the acid solution (do not rinse, touch, or otherwise disturb the bead surfaces) and dry the sample while adhered to the glass tray in a 150 degree F (66 degree C) oven for approximately 15 minutes. Microscopic examination (20X) shall show no more than 15% of the beads having a formation of a very distinct opaque white (corroded) layer on their entire surface. r 4. Reflectively Retention: To have a good, effective t performance life, the glass beads must be strongly bonded and not be easily removed by traffic wear. The following test shall be employed to measure reflectively retention: Taber Abraser Simulation Test Using a Taber Abraser with an H-18 wheel and r a 125 gram load, the sample shall be inspected at 200 cycles, under a microscope, to observe the extent and type of bead r- failure. No more than 15% of the beads shall be lost due to popout and the predominate mode of the failure shall be "wear down" of the beads. 5. Skid Resistance: The surface of the retroreflective pliant polymer film shall provide an initial minimum skid resistance value of 45 BPN when tested according to ASTM E-303-74. f 6. Tensile Strength and Elongation: The film shall have a minimum tensile strength of 150 pounds per square inch of cross-section when tested according to ASTM { D 638-76, except that a sample 6" x 1" shall be l tested at a temperature between 70 degrees F and 80 degrees F using a jaw speed of 10 to 12 inches per rminute. The sample shall have a minimum elongation of 75% at break when tested by this method. 7. Thickness: The film without adhesive shall have a minimum thickness of 0.06". F V-50 8. 'Effective Performance Life: The film, when applied according to the recommendations of the manufacturer, shall provide a neat, durable marking that will not flow or distort due to temperature if the pavement surface remains stable. Although reflectivity is reduced by wear, the pliant polymer shall provide a cushioned, resilient substrate that reduces bead crushing and loss. The film shall be weather resistant and, through normal traffic wear, shall show no fading, lifting, shrinkage, significant tearing, roll back, or other signs of poor adhesion, which will significantly impair the intended usage of the marking for a period of one year after installation. E. Installation: 1. Newly Paved Asphalt Concrete Surface: These markings shall be applied when directed by the Engineer after application of emulsion. 2. Newly Paved Portland Concrete Surface: These markings shall be applied before the road surface is open to public traffic. The surface shall be and blasted, and primers, as recommended by the manufacturer, shall be used. 3. Existing Road Surface:. When markings are applied to existing road surfaces, application shall be made in accordance with the manufacturer's recommendation. General Note: The City of Lubbock Traffic Egineering Department will have the final say as to whether primer is needed for proper installation of preformed markings when surface temperature is below 590F. F. Method of Measurement: Linear pavement markings will be measured in linear feet, complete -in -place for the width specified. Word and symbol pavement markings will be measured in units of each. G. Basis of Payment: Retroreflective preformed pavement markings will be paid -for at the contract unit price, which price shall be full compensation for cleaning and preparing the pavement surface for furnishing and placing all materials and for all materials, labor, tools, equipment and incidentals necessary to complete the work. Payment will be made under: V-51 Payment Item Pay Unit Preformed Pavement Marking, linear (width) Linear Foot Preformed Pavement Marking, words/symbols Each V-52 SITE WORK MEASUREMENT AND PAYMENT GENERAL The unit price bid on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery. equipment, and materials, except materials specified to be furnished by others, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on, or which can be reasonably inferred from the plans or the intent thereof, or called for in the specifications on which no separate payment is made shall be included in the bid prices on the various pay items. The bid items listed on the proposal will be the only pay items on this project, unless the contract documents are revised by addendum or change order. All quantities for payment shall be determined by the OWNER'S REPRESENTATIVE. DEMOLITION D-1. HMAC REMOVAL AND DISPOSAL Measurement shall be made of the actual area removed and shall be paid for at the unit price bid per square yard of paving removed and will be paid for at the unit price bid. This unit price shall be full compensation for all HMAC removal, loading, hauling, and disposal of HMAC at a suitable site for dumping of waste material in any manner not objectionable to the public. D-2. CURB AND GUTTER REMOVAL AND DISPOSAL Measurement along the face of the curb will be made of the actual length of concrete curb and gutter removed, and will be paid for at the unit price bid. This unit price shall be full compensation for all curb and gutter removal. loading, hauling, and disposal of curb and gutter at a suitable site for dumping of waste material in any manner not objectionable to the public. D-3. CONCRETE DRAINAGE GUTTER REMOVAL AND DISPOSAL Measurement shall be made of the actual area of concrete drainage gutter removed, and will be paid for at the unit price bid. This unit price shall be full compensation for all concrete drainage gutter removal, loading, hauling, and disposal of concrete drainage gutter at a suitable site for dumping of waste material in any manner not objectionable to the public. NEW CONSTRUCTION 1. HMAC STREET PAVEMENT (1-1/2" on 6" Caliche Base) Measurement shall be made of the actual area and shall be paid for at the unit price bid per square yard of paving. This unit price shall be full compensation for all work, including subgrade preparation, all excavation or placement of fill, compacting, blading, wetting and rolling, loading, hauling and wasting all excess subgrade material, removing and disposing of all obstructions as become necessary and for furnishing and placing caliche base materials, 1-1/2" of hot mix asphaltic concrete, including prime and tack coat, a 1:2 dilute emulsion at the rate of .10 gallon per square yard on the finished asphalt surface, hauling and delivering to the street, spreading, blading, mixing, sprinkling, compacting, rolling, hauling and placing all materials and all manipulations, labor, tools, equipment, traffic provisions, barricades and flagmen and other incidentals necessary to complete the work as herein specified. MP-1 7 2. 24" CONCRETE CURB AND/OR GUTTER Measurement will be made along the face of the curb of the actual length of concrete curb and gutter, separate gutter, or sawtooth curb and gutter constructed, and will be paid for at the unit price for "concrete curb and/or r gutter." This unit price shall be full compensation for all subgrade preparation under the curb and/or gutter ( including all excavation or placement of fill, blading, tamping, wetting, rolling, loading, hauling and wasting all excess excavated material, removing and disposing of all obstructions noted on the plans or as become necessary; and for furnishing and placing all materials, including premolded expansion joint material, reinforcement, and for all manipulations, labor, tools, equipment and incidentals necessary to the completion of the work as herein specified. 3. 30" REINFORCED CONCRETE CURB AND/OR GUTTER Measurement will be made along the face of the curb of the actual length of concrete curb and gutter, separate gutter, or sawtooth curb and gutter constructed, and will be paid for at the unit price for "concrete curb and/or gutter." This unit price shall be full compensation for all subgrade preparation under the curb and/or gutter including all excavation or placement of fill, blading, tamping, wetting, rolling, loading, hauling and wasting all excess excavated material, removing and disposing of all obstructions noted on the plans or as become necessary; and for furnishing and placing all materials, including premolded expansion joint material, reinforcement, and for all manipulations, labor, tools, equipment and incidentals necessary to the completion of the work as herein specified. 4. 8" THICK CONCRETE PAVING Measurement will be made of the actual slab areas constructed, with a reduction made for the area comprised by the r 24" wide strip around the curbed portions of the slab, which will be measured and paid for separately as "concrete curb and/or gutter." The resulting slab area will be paid for at the unit price bid per square yard. This unit price shall be full compensation for subgrade preparation including all excavation or fill, blading, wetting and rolling, loading, hauling and wasting all excess excavated material, removing and disposing of all obstructions noted on the y plans or as may become necessary; and for furnishing and placing all materials, all manipulations, labor, tools, equipment and incidentals necessary to complete the work. 5. 4" THICK CONCRETE SIDEWALK Measurement will be made of the actual sidewalk areas constructed, with a reduction made for the area comprised by the 24" wide strip around the curbed portions of the sidewalk, which will be measured and paid for separately as "concrete curb and/or gutter." The resulting sidewalk area will be paid for at the unit price bid per square yard. This unit price shall be full compensation for subgrade preparation including all excavation or fill, blading, wetting and rolling, loading, hauling and wasting all excess excavated material, removing and disposing of all obstructions noted on the plans or as may become necessary; and for furnishing and placing all materials, all manipulations, labor, tools, equipment and incidentals necessary to complete the work. 6. ELECTRICAL CONDUIT AND TRENCH Measurement will be made along the actual length of conduit trench constructed and will be paid for at the unit price for "Buried No. 10 Conductors and Ground in 1/2" Conduit". This unit price shall be full compensation for all trench preparation including all excavation, installation of conductors and ground in 1/2" conduit, placement of back fill, blading, tamping, wetting, rolling, loading, hauling and wasting all excess excavated material, removing and disposing of all obstructions noted on the plans or as become necessary; and for furnishing and placing all materials, including compacted base material and paving repair and for all manipulations, labor, tools, equipment and incidentals necessary to the completion of the work as herein specified. MP-2 F 7. WATER LINE AND TRENCH Measurement will be made along the actual length of water line trench constructed and will be paid for at the unit price for "1/2", 3/4" and 1" diameter schedule 40 PVC water line'. This unit price shall be full compensation for all trench preparation including all excavation, installation of water line including all fittings and testing of water line, placement of back fill, blading, tamping, wetting, rolling, loading, hauling and wasting all excess excavated material, removing and disposing of all obstructions noted on the plans or as become necessary; and for furnishing and placing all materials, including compacted base material and paving repair and for all manipulations, labor, tools, equipment and incidentals necessary to the completion of the work as herein specified. 6. LUMP SUM AND PER EACH QUANTITIES Lump sum and per each quantities shall be measured for the actual quantity of the bid item specified as it is finally constructed in place. The lump sum quantity shall include all items that are required to complete that item for the use that it was intended and shall be full compensation for the furnishing and placing of all materials and incidentals to the completion of the item specified, removing and disposing of all obstructions noted on the plans or as become necessary; and for furnishing and placing all materials, and for all manipulations, labor, tools, equipment and incidentals necessary to the completion of the work as herein specified. 7. FINAL CLEANUP The Contractor shall make a final cleanup of all parts of the work to the approval of the City Engineer before final acceptance will be made by the City. Any costs that may be associated with this final cleanup shall be included as a part of the unit prices bid for the various items of work. No direct compensation will be made separately for the final cleanup. MP-3 SPECIAL CONDITIONS 59 r FNOTICE OF ACCEPTANCE T0: FThe City of Lubbock, having considered the proposals submitted and opened on the _day of 199, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 199_ 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 documents within ten (10) days from your receipt of this Notice. 4 The five percent (SX) 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 I! Lubbock. CITY OF LLiBBOCK Owner#s Representative U F 61