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Resolution - 2158 - GWO #011675 Contract-Caprock Highway Construction-Drainage Improvements, 4 Parks - 09_26_1985
Resolution #2158 September 26, 1985 Agenda Item #42 JWF:rm Rn�,,ni 11TTnKi 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 G.W.O. No. 011675_ Contract to be entered into by and between said City (as owner) and Caprock Highway Construction Company (as contractor) for the con- struction of park drainage improvements for parks as follows: Casey No. 19, Elmore No. 26, Long No. 33, and McCullough No. 88, attached herewith whicf shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. September Passed by the City Council this 26th day of Sep1985. ALA HENRY, MA ATTEST: Ranette oyd, City Secretary APPROVED AS TO CONTENT: Larry HoffmaA,'DirectortM Traffic and Transpo tation APPROVED AS TO FORM: J. th Fu lingim, Assistant Cit At r n e y C I T( OF LUBBOCK SPECIFICATIONS AND CONTRACT DOCUMENTS FOR GWO 011675 PARK DRAINAGE CHANNEL IMPROVEMENT LOCATION — LAKES #19, #26, #31 and #88 A City Of =Rlannea Prooreu " TEXAS CITY OF LUBBOCK CITY OF LUBBOCK SPECIFICATIONS AND CONTRACT DOCU FOR GWO 011675 1985 PARK DRAINAGE CHANNEL DEVELOPMENT LOCATION - LAKES #19, #26, #31 & #88 Alan Henry, MAYOR City Council Maggie Trej o T.J. Patterson George Carpenter Bob Nash E. Jack Brown Joan Baker Larry Cunningham, City Manager Jim Bertram, Assistant City Manager for Development Services Larry Hoffman, Director of Transportation Dr. Dan Xamp, Director of Parks and Recreation DEVELOPMENT SERVICES TABLE OF CONTENTS NOTICE TO BIDDERS I. GENERAL INSTRUCTIONS TO BIDDERS BID PROPOSAL CONTRACT PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE II. GENERAL CONDITIONS OF THE AGREEMENT (YELLOW) _ III. SPECIAL CONDITIONS (BLUE) IV. MATERIALS OF CONSTRUCTION (PINK) V. DETAILS OF CONSTRUCTION (GREEN) VI. SITE WORK MEASUREMENT AND PAYMENT (GOLD) _ CONSTRUCTION DETAIL ILLUSTRATIONS IL - INDEX ^ - Page NOTICE TO BIDDERS INFORMATION FOR BIDDERS (SECTION I) 1. Receipt and Opening of Bids I-1 2. Preparation of Bid I-1 3. Subcontracts I-1 4. Telegraphic Modification I-1 5. Qualifications of Bidder I-2 6. Bid Security I-2 7. Time and Completion and Liquidated Damage I-2 8. Conditions of Work I-3 9. Addenda and Interpretations I-3 10. Performance Bond and Payment Bond I-3 11. Power of Attorney I-4 12. Notice of Special Conditions I-4 13. Laws and Regulations I-4 14. Obligation of Bidder I-4 15. Texas State Sales Tax I-4 16. Materials and Workmanship I-5 17. Protection of the Work I-5 18. Protection of Subsurface Lines and Structures I-5 19. Contractor's Representative I-6 20. Provisions Concerning Escalator Clauses I-6 BID PROPOSAL BID FOR UNIT PRICE CONTRACT PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE r HUD CERTIFICATIONS INDEX TO GENERAL CONDITIONS (SECTION II) (YELLOW) 1 Owner 2 Contractor 3. Owner's Representative 4. Contract Documents 5. Interpretation of Phrases 6. Subcontractor 7. Assignment 8. Written Notice 9. Work 10. Substantially Completed 11. Layout of Work 12. Keeping of Plans and Specifications Accessible 13. Right of Entry and HUD Inspection 14. Lines and Grades 15. Authority and Duty of Owner's Representative 16. Superintendence and Inspections 17. Contractor's Duty and Superintendence 18. Contractor's Understanding 19. Character of Workmen 20. Construction Plant 21. Sanitation 22. Observation and Testing 23. Defects and their Remedies 24. Changes and Alterations 25. Extra Work 29. Contractor's Insurance: Scope of Insurance and Special Hazards 30. Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies 31. Protection Against Royalties or Patent Invention 32. Laws and Ordinances 33. Time for Completion and Liquidated Damages 34. Time and Order of Completion 35. Extension of Time 36. Hindrance and Delays - 41 37. Quantities and Measurements 38. Protection of Adjoining Property 39. Price for Work 40. Construction Schedule & Periodic Estimates 41.. Payments to Contractor 42. Payrolls and Basic Payroll Records or Contractor and Subcontractors 43. Minimum Wages 44. Posting Wage Determination Decisions and Authorized Wage Deductions 45. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decisions 46. Specific Coverage of Certain Types of Work by Employees 47. Underpayments of Wages or Salaries 48. Anticipated Costs of Fringe Benefits 49. Fringe Benefits not Expressed as Hourly Wage Rates 50. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360; Title 40 U.S.C., Sections 327-332) 51. Employment of Apprentices/Trainees 52. Employment of Certain Persons Prohibited 53. Regulations Pursuant to So -Called "Anti -Kickback Act" 54. Complaints, Proceedings or Testimony by Employees 55. Claims and Disputes Pertaining to Wage Rates 56. Questions Concerning Certain Federal Statutes and Regu- lations .57. Final Completion and Acceptance 4 58. Final Payment : 59. Correction of Work Before Final Payment for Work 60. Correction of Work After Final Payment ` 61. Payment Withheld 62. Delayed Payment 63. Time of Filing Claims 64. Arbitration , 65. Abandonment by Contractor 66. Abandonment by Owner 67._ Losses_. frpm_. Natural Causes 68. Independent Contractor 69. Cleaning Up 70. Contractor's Right to Terminate 71. Right of the Owner to Terminate Contract 72. Breach of Foregoing Federal Labor Standards Provisions 73. Interest of Member of or Delegate to Congress 74. Other Prohibited Interests No Text SPECIAL CONDITIONS (BLUE) (SECTION III) Page 1. Changes in the Work III-1 " 2. Superintendence III-1 3. Time and Order for Completion III-1 4. Liquidated Damages III-2 5. Maintenance of Detours III-3 6. Public Safety and Convenience III-3 7. 'Barricades and Danger, Warning and Detour Signs and Traffic Handling III-4 8. Prosecution of Work III-4 9. Water III-4 10. Restrictions and Requirements for Construction III-5 11'. Removing Obstructions III-6 12. Tests of Materials III-6 MATERIALS OF CONSTRUCTION (PINK) (SECTION IV) 1, GENERAL IV-1 2. CONCRETE IV-1 A. Cement IV-1 B. Aggregate IV-1 C. Water IV-2 D. Concrete Materials Test IV-2 E. Concrete Design IV-3 F. Classification IV-4 G. Mixing IV-4 r H. Curing Compounds IV-4 3. STEEL REINFORCING A. Wire Mesh IV-4 B. Bar Reinforcing IV-5 4. JOINT MATERIAL A. Expansion Joint Materials IV-5 B. Joint Sealing Material IV-5 x 5. FORMS IV-5 DETAILS OF CONSTRUCTION (GREEN) (SECTION V) 1. CONCRETE A. Curb and Gutter (Class A Concrete) V-1 B. Reinforced Concrete 30" Separate Gutter (Class E Concrete) V-5 C. Reinforced Concrete Valley Gutters (Class C and E Concrete) V-5 D. Reinforced Alley Paving Slab and Alley Returns (Class E Concrete) V-6 E. Reinforced Concrete Median Curb (Class A Concrete) V-8 F. Reinforced Concrete Railroad Crossing (Class F Concrete) V-8 Reinforced Concrete Drainage Slabs .G. (Class A Concrete) V-8 DETAILS OF CONSTRUCTION (GREEN) (SECTION V) (CONTINUED) H. Concrete Pavement (Class C Concrete) I. Concrete Mixing and Placing r 2. EARTH WORK A. Subgrade Preparation for curb and gutter, streets, paving (asphalt and concrete), alley returns, alley paving, valley gutters, and earth work. B. Embankment 3. BASE COURSE A. Hauling and Placing B. Processing C. Finishing 5. CLEANUP 6. PROTECTION OF EXISTING UTILITIES A. Adjustment of Valves and Manholes B. Installation, Adjustments, and Protection of Utilities and Traffic Installations SITE WORK MEASUREMENT AND PAYMENT (GOLDENROD) (SECTION VI) 1.' Drainage Slab-Grs. 1% (4" Reinforced Concrete Slab) (Class C Concrete) 2. Drainage Channel (40" wide earthwork) 3. Unclassified Borrow and Embankment (Ordinary Compaction T.H.D.) 4. Erosion Structures, inc. headwall-GRS.5% + (4" R.C. Struactural slab - class C concrete) 5. 12" curb and gutter (Class A concrete) 6. Excavation of soil, unstable (water logged) 7. 6" PVC waterline sleeved with 12" PVC 100 PSI pipe (detail dwg) Elmore spillway inlet. (Items 8(E) thru 14 (E)) see detail dwg 8(E). Channel Grading (unclass. excavation and embankment) 9(E) Spillway Slab (6" R.C. Slab Class C Concrete) 10(E) Soil Cement Excavation ll(E) 4" Reinforced Concrete Slab (poured in 10(E)) 12(E) 12" Curb and Gutter (Class A Concrete) 13(E) Curb and gutter or 30" gutter (Class A concrete) 14(E) Soil Cement Apron Level -up Casey Inflow Spillway (items 15(c) thru 17(c) 15(C) Inflow Spillway slab (4" R.C. Slab class C concrete) 16(C) Curb and Gutter (Removal) 17(C) Curb and Gutter (Replacing above 16(c) with sawtooth) 18. Concrete Slab Removal 19. Curb and Gutter Removal 20. Excavation and Enbankment 21. 3-Sack Stabilized Caliche Page V-9 V-18 V-24 V-26 V-30 V-30 V-31 V-32 V-33 V-33 CONSTRUCTION DETAIL ILLUSTRATIONS 4" R.C. Drainage Slab "S" Structure (4" R.C. Drainage slab exit street) 40' Wide bladed channel dirt work Typical park cut section (Borrow) Erosion Structure (4" R.C. slab) "H" Structure -headwall (4" R.C. slab) Curb and Gutter 12" Water Line Sleeve and Replacement 6" PVC water line. Concrete Joints (contraction) Sealed p, oricsals addressed to Gene E&ds. Purch;sin g Manager. C i t of Lubbock. Texas. will be received at the office of the Purchasi ng X&na=er. unic_-D Building., '625 i3t.. h Street. FoOL-04. L':bboc,. Tes:as. '9 0 i until 2:00 P.M. on the 9TH OF SEPTEMBER to furnish all. labor and meteria!s and perform all work for the construction of the follow, r:g deseri bed pro ect: D R A 1 N A G EE iHPRO`rFMil-zNTS . CD THE FOLL C,WI. G PAR",S_ CASE'_ " 1 q . ELuvRE .=26 LONG 433- AND McCULLOUGH 48E. ! INCLUDING APPROXIMATELY 42. 000 SF OF R. C. SLAB, 3,000 C.Y. OF EXCAVATION AND EMBANKMENT AND OTHER RELATED ITEMS OF RELATED CONSTRUCTION After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and 4publicly read aloud. The plans. specifications, proposal forms and contract documents may be- examined at the office of the- Purchasing Manager for the Cite of Lubbock. Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem ?ages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a. Vernon' s -Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. BY:Gene ca s C. p M Purchasing Manager NOS.IC.E TO BIDDERS BID # 8698 Sealed proposals addressed to Gene Eads, Purchasing Manager, City cf Lubbock, Texas, will be received at the office of the Purchasing "tanager, 1625 13th St., Room L-04, Lubbock, Texas, 79�Oi, until 2:00 o'clock p.m. on the 9th day of September, 1985, to furnish all labor and materials and perform all work for the construction of the following described project:. DRAINAGE IMPROVEMENTS OF THE FOLLOWING PARKS: CASEY #19, ELMORE #26, LONG #33, AND McCULLOUGH #88 (INCLUDING APPROXIMATELY 42,000 SF OF R.C. SLAB, 3,000 C.Y. OF EXCAVATION AND EMBANKMENT AND OTHER ITEMS OF RELATED CONSTRUCTION)". After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. It is the sole-esponsibility of the bidder to insure that his bid is actually in the office of Gene Eads, Purchasing Manager for the C-itv of Lubbock. prior to the expiration, of the date above first written. The City Council will consider the bids on the 22nd day of September, 1985. at Municipal Bldg., Lubbock. Texas, or as soon thereafter as may be reasonably convenient, subject to the right "to reject any or all bids and waive any formalities. The successful bidder w11 be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% o the total contract price in the event that said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00 the said st=tutory 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 o=' the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds Cif required) within 1� days after notice of award of the contract to him. It shall be each bidders sole responsibi1it4, to inspect the site of the work and to inform himself regard_n _l1 lccai cen�itions urde^ which the work is to be done. It shall be understood and agreEc that all such factors have been thoroughly investigated and considered the preparation of the bid submitted. The p1anS. speClflCati0rtS. Droposaf;,rms a ccr;trac� documents magi-- 2 4 he oTf �_ �S� t.E ��v�.. ita S-1 r`g I�1d in r rLJ i�: �` r.1 L5. C. Lubbock. Texas. GENERAL INSTRUCTIONS TO BIDDERS °BID PROPOSAL' BID FOR UNIT PRICE PLACE: Lubbock, Texas 40 DATE September 9. 1985 PROJECT NO.: GWO 011675 F. t Proposal of Caprock Highway Construction Company (hereinafter called "Bidder") To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of Drainage,improvements of the following parks; Casey, Elmore, Long and McCullough 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 familar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated in Exhibit "A The bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to the accompanying forms, for performing and .completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 365 consecutive calendar days theheafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $ 500.00 for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction numberl8 of the General Instruc- tions 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 may not be withdrawn for z a period of thirty (30) calendar days after the scheduled closing time for re- ceiving bids. The undersigned Bidder hereby declares.that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to sub-stantially complete the work on which he.has bid; as provided in the con- tract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (� ) or a Proposal Bond in the sum of Dollars ( , which it is agreed shall be col- lected 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 con- tract 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 shall"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 documents made available to him for his inspection in accordance with the Notice to Bidders. Caprock Highway Construction Company Contractor B Y : 15ld President (Seal if Bidder is a Corporation) ATTEST: sistaut Se etary EXHIBIT A, PAGE 1 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Total No. & Units Description of Item & Unit Price Amount 1. 32,680 S.F. Drainage slab 4" thick reinforced concrete (3,000#/7day) or extruded section, including subgrade preparation, complete in place, per square foot; 2. 3. 4. 5. 6. One DOLLARS ($ 1.89 ) Eight Nine CENTS 3,800 L.F. Drainage channel, 40' wide graded and shaped ditch section including excavation and embank-. ment preparation, including temporary channel (phase 1) complete in place per linear foot; Three DOLLARS ($ 3.60 ) Sixty CENTS 3,000 C.Y. Unclassified excavation and embankment in- cluding stripping, hauling and performing of fill (embankment "ordinary compaction") complete in place, per cubic yard; Two DOLLARS ($ 2.50 ) Fifty CENTS 10,580 S.F. Erosion structure 4" reinforced concrete, (3,000#/7day) including subgrade preparati.on, complete in pace, per square foot; One DOLLARS ($ 1.79 ) Seventy Nine CENTS 130 L.F. Curb and gutter: 12" concrete curb & gutter, including site clearance, and subgrade pre- paration, complete in place per linear foot; Five DOLLARS ($ 5.85 ) Eighty Five CENTS 3,000 S.F. Excavation of "wet" soil (waterlogged) and re- placement with dry soil including removal and processing as directed by the engineer, complete in place per square foot; No DOLLARS ($ .75 ) t ti, 7GC 7. $ 13,680.00 $ 7,500.00 $ 18 938.20 $ 760.50 Seventy Five CENTS $ 2.250.00 EXHIBIT. A, PAGE 2 BID PROPOSAL s ' BID FOR UNIT PRICE CONTRACTS item -Quantities - Total No. & Units Description of Item & Unit Price Amount 7. 100 L.F. 6" PVC Sch. 40, water line sleeved with 12" PVC 100 P.S..I, pipe, at least one dresser style 40 pressure joint and installation of an approved 6" repair coupling complete in place, per linear foot; Twenty Three DOLLARS ($ 23.50 ) Fifty CENTS $ 2,350.00 Elmore sloping inflow spillway (located at East Side of Quaker Avenue in line with Raleigh Dr, complete cost will be the sum of ' the items listed below (E) = total cost of Unit 26-11. 8 (E). 1300 C.Y. Channel grading (unclass, excavation and embank- T ment "ordinary compaction" complete in place per cubic yard; Two DOLLARS ($ 2.89 } Eighty Nine CENTS $ 3,757.00 9 {E) 3500 S.F. Spillway Slab 6" reinforced concrete ($,000 #/7 day) upon "embankment fill" including prepara- tion for grading slab. Complete in place, per square foot; Two DOLLARS ($ 2.55 ) Fifty Five CENTS $ 8,925.00 10 (E) 1500 S.F. Soil cement excavation with aid of saw or phynu- matic tool, thickness of mix may range from 4" to 10" a depth of 4" and a width of 4 footis required, as shown on plans , per linear foot; r Five DOLLARS ($ 5.00 ) No CENTS $ 7,500.00 11 (E) 1300 S.F. Drainage channel slab 4" reinforced concrete (3,000 #7day)with 6"x6" 10/10 wire mesh in- cluding grading slab, complete in place per square foot. One DOLLARS ($ 1.89 ) Eighty Nine CENTS $ 2,457.00 Item Quantities No. & Units 12. (E) 150 L.F. 13. (E). 100 L.F. 14. (E) 30 C.Y. EXHIBIT A, PAGE 3 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Total Description of Item & Unit Price Amount 12" curb and gutter, including subgrade pre- paration, complete in place per linear foot; Five DOLLARS.($ 5.00 ) No CENTS $ 750.00 curb and gutter; 6" concrete curb and gutter including subgrade preparation, complete in place per linear foot; Four DOLLARS ($ 4.50 ) Fifty CENTS $ Soil cement apron level -up improve and level up the existing soil cement apron with 3-sack caliche or A.C.. paving. Fifty DOLLARS ($ 5.0.00 ) No CENTS $ 1,500.00 Casey Inflow Spillway - located north side of 70th Street West of "W' - Unit 19-1 complete cost will be the sum of the items listed below: 15 (c), 16 (c), 17 (c) 15. (c) 2800 S.F. In flow spillway slab. 4" R.C. slab - (3,000 #7/day) (Unit 19-1) including subgrade prepara- tion, complete in place per square foot; One DOLLARS ($ 1.75 ) - Seventy Five CENTS $ 4,900.00 16. (c) 80.L.F. Curb and gutter removal and disposal and paving repair, per linear foot; Six DOLLARS ($ 6.00 ) No CENTS $ 480.00 17. (c) 80 L.F. Curb and gutter or 30" sawtooth section of curb and gutter. w/2' length of #3 bars 2' o.c. com- plete in place per linear foot; Six DOLLARS ($ 6.00 ) No CENTS $ 480.00 EXHIBIT: A, PAGE 4 B.I D PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Total No. & Units Description of Item & Unit Price Amount 18. 2,000 S.F. concrete slab removal and disposal, of side- walks, drainage slabs, etc., per square foot; No DOLLARS ($ .50 ) Fifty CENTS $ 1,000.00 19. 100 L.F. Curb and gutter removal, disposal and paving repair, per linear foot; six, DOLLARS ($ 6.00 ) ` No CENTS $ 600.00 20. 100 C.Y. Excavation and embankment directed by the engineer and not otherwise required, removal and disposal, etc., per cubic yard of cut. Three DOLLARS ($ 3.00 ) No CENTS $ 300.00 21. 50 C.Y. Three (3) sack cement stabilized caliche to be used in backfill of subgrade approximately 6" of thickness, for stabilization when requested by Engineer, complete in place, per cubic yard; Fifty DOLLARS ($ 50.00 } No CENTS $ 2,500.00 r TOTAL BASE BID (Items 1 through 21) %jUUM AWLIOUMM 11VSUWANCE COMPANY The number of persons authorized by this power of attorney is not more than No. 0 12758 THRF.,E POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named ` below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name CURTIS COXON SHIRLEY COXODt RALPH E. BALM Address ALL OF LUBBOCK, TEXAS Limit of Power ALL UNLIMITF,D This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1st day of November 11983 Attest GREAT AMERICAN INSURANCE COMPANY g STATE OF OHIO, COUNTY OFitIAMIL; 0 — ss: Vice1'rcrrderrt' On this 1st day of November, 1983 before me personally appeared ROBERT M. SCHUDER, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. - - Uy Comrr7„s1cn. Expires iAn, b Udl This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof.- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, KAREN HOLLEY HOR,RELL, Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this day of�_�-.� �'a S 1029J (8/83) Secre[ary • PAYMENT BOND (Applicable on all contracts in excess of S-251000) (To be -used in Texas under V.A.C.S. Art. 5160) r b THE STATE OF Texas COUNTY OF Lubbock KNOW ALL MEN BY THESE PRESENTS: That we ( 1 )Caprock Highway Construction Company (2) A Corporation pf hereinafter called Principal, and (3 Great American Insurance Company Of Dallas , State of Texas , hereinafter called the Surety, are held firmly bound unto (4)City of Lubbock of LUbbock County, Texas , hereinafter called Owner, and unto all persons, firms and corporations who may furnish mate- rials for, or perform labor upon the buildino or improvements hereinafter referred to in the penal sum of One hundred forty two thousand eight hundred forty two gn . g 142,842.90 _) Dollars in lawful money of t h e United States,m o be paid in (5) Lubbock County, Texas , for the payment of which sum w`11 and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6) City of Lubbock dated t h e 22nd d a y o f September 1 985 , a copy of which is hereto attached and sake a pa_t hereof, for the construc- tion of: Drainage Improvement located at the following gar-ks: Casey (#19), Elmore (#26), Long (#31), and McCullough (88) NOW THEREFORE, the condition of this obligation is such th2t, if the Principal shall promptly make payment to all claimants, 'as defined in Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Reoular Session, 1050, effective April 27, 1959. and as further amended by Acts 1969, 61st Legislature, p.-i3.90, ch. 422, Sec. 1, effective Dune 2, 19691 supplying labor and materials in the prosecution of the work provided for in Said Con.tract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. ` This bond is made and entered into solely for the protection of all claimants supplying labor and materials in the prosecution of the work provided for in said Contract, and all such C22im2nt5 shall have a direct richt Of aCtion under the bond as provided in Article 5160, Revised Civil Statutes of Texas, 1925,.as amended by House Bill 344, Acts-56th L-ecislature, Regular Session, 1459, and as further amended by Acts 1969, 61st LegislEture, p. 130/0, ch. 422, Sec. 1,.effective June 2, 1969. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Lubbock County, Texas, and that the said Surety, for value received, hereby stipulates and aereeS that no chance, extension of time, elte7atlon or add tlon to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in cRy wise affect its obligation On this bond,. and Said Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridoe IL -he __c_ht of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF. this instrument is executed in six y counterparts, each one of which sha 1 be deemed an Original, this t h e 22nd d a y of September , 19 85 r ATTEST• rr i cipal Secretary (SEAL) to rrincipa (Address) -�7 -{Surety ecretaiy (SEAL) Witness as to Suety 3414 Joliet, Lubbock.Texas 79413 (Address Caprock"Highway Construction Company Principal F lu /F IM A E 1' 5185 69th Street Lubbock, Texas 79424 (Address) Great American Insurance Compan Surety BY n Box 819080. Dallas. Texas 75381 Address VOTE: If Contractor is Part- nership, all partners should execute bond. These footnotes refer to the. numbers in the body of Contract sbove. Date of Bond must not be. prior tp' date of Contract. (I Correct names of Contractor-.(3) Correct name of Surety (2) A Corporation; a Partner- (�:) Correct name of Owner ship or an Individual,'as (5) County :and. State the case my be (6) 0wner PERCORKANCE BOND THE STATE OF Texas COUNTY OF Lubbock :NOW ALL MEN BY THESE PRESENTS: That we (I ) Caprock Highway Construction Company I (2) A Corporation Of State Of Texas hereinafter called Principal, and (3) Great American Insurance Company Of Dallas , State of Texas hereinafter called the Surety, are held firmly bound unto (4) •City of Lubbock of Lubbock County, Texas hereinafter called Owner, in the penal s UM of One hundred forty two thousandeight hundred forty two($142,842.90 ) Do11aT n lawful money of the United States, to be paid in (5 & 30%1s0Lubbock County, Texas f o r 'the p 2 v m e n t of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6) City of Lubbock dated the 22nd day Of September , 1985 , a copy of which is hereto attached and made a a part hereof, for the construction of: Drainage Improvement located at the following parks: Casey (#19), Elmore (#26), Long (#31), and McCullough (88) ( herein called the "work".) . These footnotes refer to the numbers in the body of Contract above: Date of Bond must not be prior to date of Contract. a (1) Correct name of Contractor (3) Correct name of Surety (2) A Corporation, a Partner- (4) Correct name of Owner ship or an 1ndiVidUa1, 2S (5) Count;` end State the case may be (6) Owner NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications and Contract Documents during the original term thereof, and any extensions thereof which m2v be granted by the Owner, with or without notice to the Surety, and if the Principal shall s6tisfy.212 claims and demands incurred under such Con- tract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which `the Owner may incur in making good any default, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that-i.f any legal action be filed upon this bond, venue shall lie in Lubbock Countv. Texas, and that the said Surety, for value received, hereby stipulates and agrees that no chanoe, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does herebv waive notice of any such change, extension of time. alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed and original, this t h e 22nd d 2 y Of September , 1 985 z ATTE T: t, "rincip 1 Secretary (Seal)_ Witnessto Principal (Address) ATTEST z (Surety) ecreta y s _ (Seal} Witness as to S rety Caprock Highway Construction Company Principal � 1 BY 5185 69th Street. Lubbock. Texas 79424 (Address Great American Insurance Compan Surety BY _ Box 819080. Dallas. Texas 75381 (Address 3414 Joliet, -Lubbock Texas 79413 (Ad dress n'OTE: if Contractor is Partnership, all partners should execute bond. ::. CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 22nd day of September , A.D. 1985, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Alan Henry , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Caprock Highway Construction Company of the City of _ Lubbock , County of Lubbock and State of Texas hereinafter termed CONTRACTOR. WITNESSETI?: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Drainage Improvement located at the following parks: Casey (#19), Elmore (#26), Long (#31), and McCullough (88) and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the perfor- mance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in quintuplicate in the year and day first above written. ATTEST: SecretaIlly— ATTEST: Sec` etary 1 � , CITY OF L14BOCK, TE (OWNER) BY: YOR- Highway ill Caprock Construction Company CONTRACTOR BY: Za TITLE: /-VAVA. COMPLETE ADDRESS: 5185 69th Lubbock, Texas 79424 CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: October 29, 1985 Type of Lubbock, Texas Project: THIS IS TO CERTIFY THAT _ Caprock Highway Construction Co. 5185 69th Lubbock, TX 79424 (Name and Andress of Insured) is, at the date of this certificate, insured by this Company with respect to -the business operations hereinafter described, for the types of insurance and in accor- dance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workmen's Compensation 01540* 5/2/85 5/2/86 Owner's Protec- To Be Per Person $ 500 tive or Contingent Assigned** 10/29/85 10/29/86 Per Occurence $ Liability Property Damage $ Contractor's Protec- :` :' Per Person $ 500 tive or Contingent 510378** 5/6/85 5/6/86 Per Occurence $ 500 Liability Property Damage $ 100 Automobile 604413** 4/26/85 4/26/86 Per Person $ 250 Per Occurence 500 Property Damage $ 100 The foregoing Policies do not cover all sub -contractors. - Locations Covered:01540-Texas 510378 & 604413-USA, its territories or possessions and DESCRIPTION of Operations Covered ,Canada street or road construction The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, requirement, in Tess than five days in advance of cancel - or in case there is no legal lation. FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE 01,717ER. *Texas Employers Insurance Association **Employers Casualty Company (N 3'A of�Insurgr).� Title Carl A. Luckenbach, Dist. Mgr. No Text w 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, they shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word "Contractor," or the expression "Party of the Second Part," or "Second Party," are used, they shall be. understood to mean the person, persons, co -partnership or corporation, to -wit: who has agreed to perform the work embraced in this Contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER Whenever the term Owner's Representative is used in this Contract, it shall be understood as referring to t-he- city Eri irreer -j , City Hall, Lubbock, Texas, under whose supervision these,Contract Documents, includ- ing the plans and specifications, were prepared, and who will inspect construction; or to such other representative, supervisor or inspector as may be authorized by said Owner to act in any particular under this Agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. The Owner's Repre- sentative shall have authority to approve change orders involving a decrease or increase in cost of Five Thousand ($5,000.00) Dollars or less. 4. CONTRACT DOCUMENTS The project to be constructed pursuant to this Contract will be financed_ with assistance from the Department of Housing and Urban Development and is subject to all applicable Federal laws and regulations. The Contract Documents shall consist of the Notice to Bidders, Information For Bidders, Bid Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agree- ment, Exhibits A and B to the General Instructions, Special Conditions of the Agreement (if any), Specifications, Drawings, Insurance Certificate and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. In the event Special Conditions are contained herein as part of the Contract Documents and said Special Conditions conflict ,s. with anv of t-he General Conditions contained in this Contract, then in such event the Special Conditions shall control. 5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS 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 or Drawings 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 Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award any work to any subcontractor without prior written approval of Owner's Representative, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the. Owner may require. The Contractor shalI'be,as, fully responsible to the Owner for the acts and omissions -of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of the subcontractors and to give the Contractor the same power to terminate any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Contract shall create any con- tractual relation between any subcontractor and the Owner and said subcontractor will look exclusively to the Contractor for any payments due subcontractor. 7. ASSIGNMENT The Contractor agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract. The Contractor further agrees that assignment of any portion or feature of the work or materials required in the performance of this Contract, shall not relieve him from his full obligations to the Owner, as provided by this Contractual Agreement. B. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. All directions, instructions or notices required or autho- rized to be given under these Contract Documents from the Owner or Owner's Representative to the Contractor shall be in writing. 9. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and all water,.light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfac- tory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meanings shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with the Contract Documents or any other information or instructions conveyed to the Contractor. 10. SUBSTANTIALLY COMPLETED The term "Substantially Completed means that the structure or project contemplated by the Contract Documents has been made �I - 3 - d suitable for -use -of occupancy, or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 11. LAYOUT OF WORK Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 12. KEEP IN,GOF PLANS 'AND _SPIE,CIFII,CATII.O..N.S AC.C.ES,SIBLE The Contractor shall be furnished with 4 copies of all Drawings, Profii--s and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 13. RIGHT OF ENTRY AND INSPECTION The Owner's Representative may make periodic visits to the site'to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work; nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing ass,.-.-nces for the Owner th_a,t the completed.project will cnnform `;) the requirements of the Contract Documents, but he wil; not be responsible for the Contractor's failure to perforr, the work in accordance. with the Contracth„e,basis his on si„te observations, Do.cu,ment,sof he. On , t will keep the Owner informed of the progress of the work and will endeavor to protect the Owner against defects and deficiencies in the work of the Contractor., The authorized representatives and agents of the Owner and the Department of Housing and Urban Development shall be permit- ted to inspect all work, materials, payrolls, records of person- nel, invoices of materials and ot,h,__er,r.el,eyant_.data_and.records. 14. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these Contract Documents or the completion of the work contemplated by these Contract Documents. Whenever necessary, the Contractor shall suspend his work in order to permit the Owner.'s Representative to comply with this require- ment, but -such suspension will be as brief as practical and the Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines.and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Con- tractor, and in case of careless destruction or removal by him, his subcontractors or their employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at the Contrac- tor's expense. 15. AUTHORITY AND DUTY OF OWNER'S REPRESEN'TATIVE Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure 'the proper execution of the Contract. In order to prevent delays and disputes and 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 ques- tions 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 estimates and findings of the Owner's Represen- tative shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract, and to .any rights of the Contractor to receive any money -under the Contract; provided, however, that should the Owner's represen- tative 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 objec- ticn to the decision or direction so rendered, and by such action may reserve the night to submit the question'so raised to arbitration, as hereinafter provided.. It is the intent of this Agreement that there shall be no delay in the execution of the work. Therefore, written decisions or directions of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted through 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. 11- 5 - 16. SUPERINTENDENCE AND INSPECTIONS It is agreed by the Contractor that the Owner's Represen- tative shall be and is hereby authorized to appoint from time to time Such subordinate engineers, supervisors or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work performed or being performed under this Aoreement, and to see that said materials are fur- nished and the work is done in accordance with the specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instruc- tions 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 inspec- tor, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 17. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, al' satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any of his agents or employees, or any other persons performing any of the work. 18. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality,and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to ` and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the.execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 19. CHARACTER OF WORKERS To do the work required by this Contract, the Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required by the said Con- tract, and he further agrees that whenever the Owner's Represen- tative shall inform him in writing that any worker or workers doing the work are, in his opinion, incompetent, unfaithful or disorderly, such worker or workers shall be discharged from the work and shall not again be employed to do the work without written consent of the Owner's Representative. 20. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary for the prosecution and com- pletion of this Contract where it is not otherwise specifically provided that the Owner shall furnish same, and it is also understood that the Owner shall not be held responsible for the care,' preservation, conservation or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times.be_m_ain tained in a manner satisfactory to the Owner's Representative. The Owner will provide such right-of-way and working easements as are indicated on the construction plans for the project. Any additional working space than that indicated on the project plans shall be obtained by the Contractor at no cost to the Owner. If the Contractor deems it necessary to obtain additional space for storage of materials or for any other reason, the. Contractor shall protect and hold the Owner harmless from any and all claims resulting from the use of, encroachments upon or damage to such property. Further, before final payment, the Contractor shall furnish the Owner with a written statement from each landowner whose property was used, indicating that the property was restored to a condition satisfactory to such landowner. 21 SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractcr in such manner and at such points as shall be approved by the Owner's Represen- II - 7 - tative. The -Contractor shall strictly enforce the use of such facilities. 22. 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 observations or tests 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 observations and tests. 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 or Owner's Representative has previously accepted the work through oversight or otherwise. Tf any work should be covered without approval or consent of the Owner, it must, if requested by the Owner or Owner's Represen- tative, be uncovered for for examination at the Contractor's expense.In the event that any.part of the work is being fabricated or manufactured at a location where it is not con- venient 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 maybe required by law or the Contract Documents. If any work which is required to be inspected, tested or approved, is covered up without written approval or consent of the Owner or Owner's Reprsentative, 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 anv 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 or Owner's Representative or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the Contract Documents. 23. DEFECTS AND THEIR REMEDIES It is agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and Contract Documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, 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 the Contractor's expense. 24. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for -the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this Contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this Contract; otherwise, such additional work shall be, paid for as provided under Extra 'Fork. 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 orig- inally planned. 25. EXTRA WORK The term "extra work" as used in this Contract shall be .understood to mean and include all work that may required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or Contract Documents and not covered by the Contractor's proposal, except as provided under Changes and Alterations herein. II 9 - It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work _order signed by the Owner's Representative, subject, however, to the right of the Contractor to require written co„nfirmation of sucµh„ extra work„ order by the Owner.. It is also agreed that the compensation to b„e paid to the Contractor for performing said extra work shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15"V') percent. In the event said extra work be performed and paid for under .Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen_, such as foremen, timekeepers, mechanics and labor- ers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or _directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and _records_ of these ,acc_ou.nts shal_1 be, -made_ available t_o the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon or specified, the prices for the use of,,machinery and equipment shall be determined by using 100%, of the latest Schedule of.Equipment and Ownership Expenses adopted by the Associated. General Contractors of America. Where, practical, zhe terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to the 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 main- tained primarily on account of such extra work, then the cost to maintain and operate the same shall be. ncluded-in the "actua_1111 field cost." No clairR for extra work of any kind will be allowed unless ordered in writing by the Owner's Representative. In case any orders or -instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make a written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making a written request for a written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as herein below provided. 26.: DISCREPANCIES AND OMISSIONS 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 be done for the price quoted by the Contractor and that such price shall include all appur- tenances necessary to complete the work in accordance with the intent of these Contract Documents, as interpreted by the Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications or Contract Documents, he should notify the Owner's Representative and obtain a clari- fication 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 bids. 27. RIGHT OF OWNER TO MODIFY METHODS 'AND EQWTF MENT If, at. any time, the methods or equipment used by the Con- tractor are found to be inadequate to secure the quality of work with the rate of progress required under this Contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. . If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. N 28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES -AND -THE PUBLIC The Contractor shall take out and procure a policy or policies of worker's_Compensation Insurance with an insurance. company licensed to transact business in the State of Texas, which policy or policies shall comply with the worker's Compen- sation 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 appli- cable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carrie„rs shall,def_end, 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 execution and supervision _of said C_ontract_,and theproject which is the subject matter of this Contract, on account of the failure of the 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 orany of its officers, agents or employees, including attorney's fees. The safety precautions taken shall be _the_ sole_responsi- bility of the Contractor, in his sole discretion as an Indepen- dent Contractor. 'Inclusion of 'this section in the Agreement, as well as any notice which may be given by the Owner or the Owner's Representative_concerning omissions under this section as the work progresses, are intended as reminders to the Contractor of his duty, and shall not be construed _as_any assumption of duty to supervise safety precautions taken by either the Contractor or any of his subcontractors. 29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS The insurance required under this section shall provide adequate protection for the Cont ra.ctor-end_his_,_subco,ntaractors , respectively, against damage claims which may arise from opera- tions under this Contract, whether such operations _be by the insured__or_by anyone directly or indirectly employed by him and, also, against any of the special hazards which may be encountered in the performance _of this Contrac-t., as enumerated in the Supple- mental General Conditions. The Contractor shall procure and carry, at his sole cost and expense throughout the life of this Contract, insurance protec- .II _ 1 2 - tion as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the Contractor or a subcon- tractor, or separate policies shall be provided covering the operation of each subcontractor. (A) Worker's Compensation and Employer's Liability Insurance. As required by State statute covering all employees on a work whether employed by the Contractor or any subcontrac- tor on the job. (B) Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as an additional insured and the amount of such policy shall be as follows $- 500.000 for bodily injuries, including accidental death, to any one person, but limited to $ 500,000 per occurrence, and $ 100.000 for property damage. The Contractor shall obtain a Contractor's Protective (Contingent) Liability Insurance policy and the amount of said policy shall be as follows: In an amount not less than $ 3001000 for bodily injuries, including accidental death, to any one person, but not less than $ 500.000 .per occurrence and in the amount of not less than $ 3001000 for property damage. In addition to the insurance required above, the Department of Housing and Urban Development requires that all contracts in excess of $100,000.00 provide Builders Risk Insurance (Fire and Extended coverage). Until the project is completed and accepted by the Owner, said Owner or Contractor (at the Owner's option, as indicated in the Supplemental General Conditions, Form HUD-4238-NI) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor and -subcontractors, as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifica- tions, the project covered by the Contract, and the Con- tractor and his Surety shall be obligated to full perfor- mance of the Contractor's undertaking. (C) AutomobileInsurance The Contractor shall procure automobile insurance providing coverage as follows: In an amount not less that $ 250.000 for injuries, including accidental death, to any one person, but not less than $ 500,000 per occurrence, and in the amount of not less than $ 100,000 for property damage. (D) Proof of Coverage Before work on this Contract is commenced, each Contractor and subcontractor s-all submit to the Owner for approval three (3) certificates of insurance covering each insurance policy carried and offered as evidence of compli- ance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance. applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certi- ficate. (4) The expiration date of the policy and the limit or - -limits of liability thereunder on the date borne by such certificate. (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the Contract. (6) A provision that the policy may be cancelled only by mailing written notice to the named insured at the address shown in the policy, stating when, not less than ten (10) days 'thereafter, cancellation of such policy shall be effective, with a copy to the Owner of said letter of intent. (7) A provision that written notice shall be given to the Owner ten (10) days prior to any change in or cancel- lation of the policies shown on the certificate. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this Contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebt- edness shall remain unpaid, withhold from the unpaid portion of this Contract, a sum equal to the amount of such unpaid indebt- edness, or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these Contract Documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and seve.Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND, ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations which in any manner affect the Contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances and regulations, whether by the Contractor or his employees.. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owner's Representative in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising there- from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. 33. TIME FOP COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion of the work, as specified in the Contract, are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract -shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner that the time for the completion of the work described herein is a reasonable time for the comple- tion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in the locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor, does hereby agree, as a part of the consideration for the awarding of this Contract, to pay to the Owner the amount specified in the Information for Bidders, not as a penalty, but as liquidated damages for such breach of Contract, as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the. Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain, and said amount shall be permanently retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence for each and every portion of this Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where, under the Contract additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contrac- tor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in comple- tion of the work is due: (a) To any preference, priority or allocation order duly issued by the Government. (b) To any unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restric- tions, strikes, freight embargoes or severeweather; and (c) To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections (a) or (b) of this Section. Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of the Owner's decision in the matter. y 34. TIME AND'ORDER OF COMPLETION It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order or precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a a whole and in part, in accor- dance 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 ►,pork done, either by contract or by his own force, the Owner's Represen- tative may direct the time and manner of construction work done under this Contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Represe.ntative,-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, End estimated dates o.f completion of the several parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic.range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of Section 33 hereinabove set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contrac- tors employed by the Owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may applying writing for an extension of time, submitting therewith.all written justification a may be required by the Owner's Representative for such an extension. The Owner's Representative within ten_(10) days after receipt of a written request for an extension of time by the Contractor, supported by all requested documentation, shall then submit such written request to the City Council of the City of Lubbock for its consideration. Should the Contractor disaoree with the action of the City Council, such disagreement shall be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing this Agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hin- drances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this Contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event such expense, as in the judgment of the Owner's Representative is caused by such stoppage, shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this Contract is let on a unit price basis, then Owner and Contractor agree that this Contract, including the specifications, 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 approximations and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is. understood and agreed that the actual amount of work to be done and the materials to be furnished under this Contract may differ somewhat from these estimates, and that where the basis for payment under this Contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 36. PROTECTION OF ADDOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way en- countered and which may injured or damaged by any process of construction to be undertaken under this Agreement, and he shall be liable for any and all claims for such injury Ior 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'eny claim of any kind arising out of the existence or character of the work. 39. PRICE FOR WORK In consideration of furnishing all necessary labor, equip- ment and material and the completion of all work by the Contrac- tor, and on the delivery of all materials embraced in this Contract in _full conformity with the specifications and stipu- lations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this Contract, and the Contractor hereby agrees to receive,such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this Agreement, the attached specifications, plans, Contract Documents and requirements of Owner's Representative. 40. CONSTRUCTION SCHEDULE & PERIODIC ESTIMATES Mmediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in a form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Docu- ments and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon.' The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a.basis for additions to or deductions from 'the Contract price. 41. PAYMENTS TO CONTRACTOR Not later than the 15th day of each calendar month, the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Con- tract, but to insure the proper performance of this Contract, the Owner shall retain five percent (50) of the amount of each estimate until final completion and acceptance of all work covered by this Contract: Provided, that the Contractor shall submit his estimate not later than the first day of the month; Provided, further, that the Owner at any time -after fifty percent 500%of the work has been completed, if it finds that satis- factory progress is being made, may make any of the remaining progress payments in full; Provided, further, that on completion and acceptance of each separate building, public work or other II 20 - division of the Contract, on which the price is stated sepa- rately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made, or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all the terms of the Contract. Owner's Right To Withhold Certain Amounts and Make Applica- tion Thereof: The Contractor agrees that he wi11 indemnify and save the Owner harmless from all claims growing -out the lawful demands of subcontractors, laborers, workmen, mechanics, mate- rialmen and furnishers of machinery and parts thereof, equip- ment, power tools and all supplies,'including commissary, incurred in the furtherance of the performance of the Contract. The Contractor shall, at the Owner's request, furnish satis- factory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Con- tractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either directly pay unpaid bills of which the Owner has written notice or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfac- tory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligationsupon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payments made in good faith. No 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. 42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUSCONTRACTORS The'Contractor and each subcontractor shall prepare their payrolls on forms satisfactory to and in accordance with in structions to.be furnished,b_y the Local Public Agency or Public Body. The Contractor_ shall submit weekly to the Local Public Agency or.Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal.Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years there- after. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classifica- tion, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the .Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federcl Regulations, that the wages of any laborer or i 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 or Subcontractor shall maintain records which show that the commit- ment to provide such benefits is enforceable, that the plan or program is financially responsible and that the -plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the .actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make their employment records with respect to persons employed by them upon the work covered by this. Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or Public Body and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor_ during working hours on the job. x 43. MINIMUM WAGES (See Exhibit B: I,n excess of $29000) All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made_ mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States_Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is included in Exhibit B) regardless of any contractual relationship which may be alleged to exist II - 22 - between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds or programs, but covering the particular weekly period, are deemed to be con- structively made or incurred during such weekly period. 44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMI_NATIO.N.DECISIONS Any class of laborers or mechanics which is not listed in the wage determination decisions and which is to be employed under the Contract will be classified or reclassified conform- ably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the _event the interested parties cannot agree on the proper classification or reclassifi- cation of a particular class of laborers and mechanics to be used, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 46. SPECIFIC COVERAGE_„0f,JC1 RT I1 TYPES ,OF._��'ORK BY ,EMPLOYEES The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by II - 23 - r the employees of the Contractor or of any subcontractor, and the y manufacturing or -furnishing of materials, articles, supplies or equipment.on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the'forego-ing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 47. UNDER -PAYMENTS -OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor orsubcontractorupon the work covered by this Contract,'the Local Public Agency or Public Body, in addition to such other rights as may be afforded it under this Contract, shall withhold from the Contractor, out of any payments due the Contractor, so ,much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due, or on their behalf to plans, funds or programs for any type of fringe benefit prescribed in the applicable determination. 48. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably antici- pated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decisions of the Secretary of Labor which are a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for meeting the obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submit- ted to the Local Public Agency or Public'Body'With the first payroll filed by the Contractor subsequent to receipt of the findings. 49. FRINGE BENEFITS NOT EXPRESSED HAS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, 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 wage rate, and the Contractor is II - 24 - obligated to.pay the cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by tte recommendation of the Local Public Agency or Public Body, shall be _referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. 50. OVERTIME COMPENSATION.REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 STAT. 357-360: TITLE 40 U.S.C., SECTIONS 327-332 (a) Overtime requirements. No Contractor or subcontractor contracting for any part. of the Contract work which__may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or I mechanic in any work week in which they are employed on such work to work i`n excess of 8 hours in,any calendar day or in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half, times their basic rate of pay for all hours worked in excess,of 8 hours in any calendar day or in excess of 40 hours in such work week, as the case may be. (b) Violation: Liability for unpaid wages and liquidated damages. In the event of any violation of the clause, set fo_r,th in paragraph (a) of this Section, the Contractor and any subcon- tractor responsible therefor shall be liable to_any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanicemployed in violation of the clause set forth in paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of 8 hours or in excess of the standard -work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) Withholding for liquidated damages. The Local _Public Agency or Public Body shall withhold or cause to be withheld-fr-om any moneys payable on account of work performed by the Contractor or any subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such_ Contractor or _s.ubcontractor_for_liquidated damages, as provided in the clause set forth in paragraph (b) of this Section. (d) Subcontracts. The Contractor shall insertiin a.ny subcontracts the clauses set forth in paragraphs (a), (b) and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn'be made. z1 - 25 - 51. EMPLOYMENT OF APPRENTICES/TRAINEES. (a) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprentice- ship program registered with the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his 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 in any craft classification shall not be areater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate who is not a trainee as defined in paragraph (b) of this Section or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The Contractor or subcontractor will be required to furnish to the contracting officer, or a representative of the Wage -Hour Division of the U. S. Department of Labor, written evidence of the registration of his program and apprentices, as well as the appropriate ratios and wage rates (expressed in percentages of the journeymen hourly .rates), for the area of construction prior to using any appren- tice on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) Trainees. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower Administration, Bureau of Appren- ticeship and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. 'Every trainee must be paid at not less than the rate specified in the approved program for his level of progress: Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The Contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the.U. S. Department of Labor written evidence of the certification of his program, the registration of II- 26 - the trainees.and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws.approval of a training program, the Contractor will no longer be permitted to utilize trainees„ at___less ,._than_the_ appli- cable predetermined rate for the work performed until an accept- able program is approved. (c) Equal Employment_ Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be, employed on the work covered by this Contract. 53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" The Contractor shall comply with the applicable regulations (See Exhibit A, attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of_June 13, 1934 (48 St at. 948, 62 St at. 862, 63 St at. 108, 72 St at. 967; 62 Stat.'740: Title_18 U.S.C., Section 674 and Title 40, U.S.C., Section 276c) and any amendments or modifications thereof, and shall cause appropriate provisions to be inserted.in.subcont,rects.. to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission -.of affil-._ davits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances and exemptions from the requirements thereof. 54. COMPLAINTS. PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer -or mechanic to,_whom—therywage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated_ against by the Contractor or any subcontractor because such,employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about.to testify in any proceeding under or relating to the labor standards applicable to his employer under this ,Contract. 55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes. pertaining to wage rates or to clas- sifications of laborers,,and_,mechanies, employed upon the work covered by this Contract shall be promptly reported by the II - 27 - Contractor, in writing, to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. p . 56. QUESTIONS CONCERNING'CERTAIN'',FEDERAL STATUTES AND REGULATIONS _. It All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti - Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts or (e) the labor standards pro- visions of any other pertinent Federal statute, shall be re- ferred, through the Local Public Agency or Public Body and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation, which shall be authorita- tive and may be relied upon for the purposes of this Contract. 57. 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 Ownershall 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 Representa- tive shall issue to the Owner and Contractor his certificates of '. completion, and thereupon it shall be the duty of the Owner within ten (10) days to issue a certificate of acceptance of the work to the Contractor. 58. FINAL PAYMENT Upon the issuance of the certificates of completion, the Owner's Representative shall proceed to make final measurement andprepare 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 said Agreement; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance, nor the final payment, nor any provisions in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty -which may be required in the special conditions (if any) II- 28 - of this Contract or in.the specifications made a part of this Contract. 59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR 14ORK The Contractor shall promptly remove from the Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the Contract, whether actually incorporated in the work or not, and the Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the Contract. The Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If the Contractor does not remove and replace any such condemned 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. 60. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this Contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work result- ing therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 61. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or _nullify the whole or part of any certi- ficate 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. evidenc:evi.n,dic,ating possible filing of such claims, C. failure of the Contractor to make payments promptly to subcontractors, or for materials or labor, or d. damage to the Owner or another contractor, then the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of the_above,grounds. II - 29 62. DELAYED PAYMENT Should the Owner fail to make payment to the Contractor when Payment is due any sum or should the Owner's Representative fail to issue any certificate or statement as required in this Contract, then the Owner shall.pay to the Contractor, in addition to the sums shown as due by such statement or certificate, interest thereon at the rate of zero A per annum, unless other- wise specified, from the date due, as provided under partial payments and final payments heretofore set forth in this Con- tract, until such sums are fully paid, which shall fully liqui- date any injury, to the Contractor growing out of such delay in payment. 63. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all .questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, orders or instructions to which the Contractor desires to take exception. The Owner's Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's 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 the Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the Contract Documents. 64. ARBITRATION All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third arbiter within ten (10) days, he shall be chosen by the District Judge, 72nd 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 sha'11 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, II-30- 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 the Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL B.T. A CON-- DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are autho- rized to award the party whose contention is sustained such sums as.they deem proper for the time, expense and _trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix_thei_r own compensation, unless otherwise provided by agreement, and shall assess the costs a.n,d charges of the arbitration upon either or both parties. The award of the arbiters must be made in. writing and shall not be open to objection on account of the, _form__of_proceedings or award. 65. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or, lre.fusle I. to resume work within ten (10) days after writt-en 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., 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_t„he, work; any machinery, equipment, tools, materials or_ supplies then on the job, but the same, together with any materials and equipment under the Contract f,or_ work, may be held for use on the .work _by the Owner or the Surety of the Contractor or another contra_ct,o_r. in „_completion of the work; and the Contractor shall not rec.e Xq_any rental or credit therefore_ (except when use in connection with Extra Work, where credit shall be allowed as provided for under Section 25 of this Contract); it being understood that the use of. such equipment and materials will ultimate.,ly reduce the cost to complete the .work and be reflected in the final settl,em_ent.. In case the _Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten II 31 - (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, mate- rials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. 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 (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County where the work is located, may let the Contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new Contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this Contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in Section 57 hereinabove set forth, shall be issued. A • complete itemized statement of the Contract accounts, certified to by the Owner's Representative as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereon the Contractor or his Surety or the Owner, as the case may be, shall pay the balance due, as reflected by said statement, within sixty days after the date of certificate of completion. 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 II - 32 - Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery,. equipment, tools, materials or supplies left on the site of the work shall be turned over to th_e._ C_on.ra_rt©r , a,nd/or his Surety. y Should the cost to complete the work exceed the Contract price, and the Contractor.and/or his Surety fail to pay the amount due the Owner within the time -designated hereinabove, and these rema ns__.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 andhis Surety at the respective addresses designated in this Contract, provided, however, that actual written notice given in any ! manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor _and,his,,Su,re.ty, 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 to the proper owners any machinery, equipment, tools, materials or supplies which remain on th,e jobsite and belong to persons other than the Contractor or..,h„is. Surety. 66. ABANDONMENT BY OWNER In case the Owner .shall fail to comply with the terms of this Contract, and should fail or r_efuse1_1to_1comply with said terms within _ten ,(10) days after written notification by the Contractor, then the Contractor m.ay suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equip- ment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of th,e_total.,,amount_ earned by the Contractor., which estimate shall include _thevva_l.ue_-Wµof all work actually completed by said Contractor at the prices stated. in the attached pro- posal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at. the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost_.of_ any provi- sions made by the Contractor to carry the whole work to comple- tion,` and which cannot be _utilized. The Owner's Representative shall then make a final statement of the balance due the Contrac- tor 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 notifi,cat.,ion by the Contractor the II - 33 - balance shown by said final statement as due the Contractor under the terms of this Agreement. 67. LOSSES FROM NATURAL CAUSES _ Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circum- stances and the prosecution, of the same, or from unusual obstruc- tions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 66. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor, with full, complete and exclusive power and authority to direct, supervise and control his own employees and to determine the method for performance of the work covered by this Contract. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during its performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or affect the status of the Contractor as an independent contractor with respect to the Owner or the Owner's Representative, the Contrac- tor's own employees, or any other person, firm or corporation. 69. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding and surplus materials, and shall leave the work broom clean or its equivalent. The work shall be left in good order and condition. In case of dispute, the Owner may remove the debris and charge the cost to the Contractor. 70. CONTRACTOR'S -RIGHT TO TERMINATE The Contractor shall have the right to terminate the Contract at any time when circumstances beyond the Contractor's control occur, thru no fault of the Contractor which prohibit the completion of the Agreement as contemplated by the parties at the time of execution. Should the Contractor choose to terminate this Agreement, he shall accrue no rights to full payment hereunder and shall receive only a pro rats payment for work actually performed, the amount of such payment to be assessed by the Owner. Should the Contractor choose not to terminate, even though cause exists under this provision, liquidated damages as set forth herein shall in no way be affected. xI - 34 - 71. RIGHT OF THE OWNER TO TERMINATE CONTRACT In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of the Owner's intention, and unless within ten_(10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall,_upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract:. Provided, however, that if the Surety does not commence performance the within t_en_(_10) days from the date of the mailing to such Surety of notice of termina- tion, the Owner may take over the work and prosecute the same at the expense of the Contractor, and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the.Owner_.may take possession of and utilize in completing the work such materials, appliance and plant as may be on the site of the 'work and necessary therefor. 72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be ground for debarment, as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. A__breach.of ,Sec,tion 45 and the Federal Labor.Standa_rds_.P.rovisi_ons may be grounds for termination of -.the Contract, and for debarment as provided in 29 CFR 5.6. 73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS No member of or Delegate to Congress or Resident Commis- sioner shall be admitted to any share or part of_this.Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 74. OTHER PROHIBITED INTERESTS No official of, the Owner 1h,o ,i_s,,.__Ialu,th,orlized „in such capacity and on behalf of the Owner to negotiate, make, accept �or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with zI- 3 5 - - - - .. i - >f as SEA An . .. MY e 9 VT low MAP .. ; 4 . , WAS ICA Sly t �, . K YWHY , s `I t tit tit .01m HOW MAS .. IM�"f WAR t pill f VT i LOU 1 z I -it VT, - Y is 10. {PIT" .: PAT 7 _ TOM :,,�' tooy ? l 1 A q' 1 0- { Y= I Jul AAV�i, p ik t to an of xy Rum; nak Wh Eli VAN 10 A PUT .`.LF.K[-N. YdFi'td.tAl:5i9.ttllip lCt:1:IXC+ti4iT riitA1:Y�:1At17( '►%d `%3;e t71'4, 3'<ti,.SfYGi`At9':3"li3 _[dil8 .tt-. .a- t. +�a.aait ... e.• Pth�i .i't t .b ..... P i, ..a• t't!:: tn:'a' .-: '� ,. ' is • � t lt6• .!t .,, ud .,:k, - :. :. ': ,. ,, , o. '. . ' . : .. ,: . '. 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IN! x NAT - -, ---i, ;::.. -. - .. ..,. - - ..:�: .,�i •".• _ ... •work will iginee r. c 0 PM hL TIONm if T oweo from November lst through Janua'ry 2 unless approved by the o,n covereed' xby the contract documents shall be fully completed within lays from the date specified in the Notice to. Proceed issued_by the ;k to the `successful bidder. The contractor will need special permission to be p weekends or'legal holidays and shall do no work.on fore daylig'ht`or later than one hour after sundown. General Instructions to Bidders.) ermittea.to worK on any contract item be - (See exception in No Text �1. UNDERGROUND UTILITIES f � - . DGV:da PF,;n! I►TTm Prepared by -Legal 2/16/84 WHEREAS, the City Council has heretofore established the oeneral prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 51592; and WHEREAS, such wage rates were established by Resolution No. 719' enacted February 12, 1981; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; N GW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: " THAT the general prevailing rate of per diem wages for public works.. • contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: 11 9 Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such waoe rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this day of , 1984. ATTEST: Evelyn Gaffge, City Secretary -Treasurer APPRD ED AS TO CONTENT: Rita Harmon, Assistant City Manager for Management Services ALAN HENRY, MAYOR APPROVED AS TO -FORM: Donald G. Vandiver, Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Pate Acoustical Ceiling Installer $11.50 Air Conditioner Installer.' 8.75 Air Conditioner Installer -Helper 5.00 Bricklayer 9.00 Bricklayer Helper 4.75 Carpenter ._ 9.50 - Carpenter -Helper 5.00 Cement Finisher - 8.00 Drywall Hanger 9-.5D Electrician 10.00 Electrician -Helper 5'.00 Equipment Operator - Heavy 7.00 Lioht - 5.00- Floor Installer 8.00 Glazier 7.50 Insulator 9.50 Insulator -Helper 5.00 Iron Worker 7.25 Laborer, General 4.75 r Motor Mixer 6.00 Painter 7.75 Plumber 9.Z5 Plumber=Helper 6.00 Roofer 7.00 Roofer -Helper 4.75 . Sheet metal Worker 8.75 Sheet metal Worker -Helper 5.50 Welder - Certified 8.00 EXHIBIT 8 City of Lubbock Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Form Setter Form Setter -Helper Laborer, General_ Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS: Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Light Equipment Motor Grade Operator Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $ 5.00 4.25 6.50 4.75 10.00 5.50 - 4.50 4.25 4.75 5.50 5.00 ` 6.Oo 5.25 6.00 5.25 7.00 5.00 6.00 5.00 5.50 5.50 4.75 -5.25 City of Lubbock Electric Construction Trades Prevailing Wage Pates Craft Power Line Foreman Lineman Journeyman Lineman Apprentice Series Groundman Series EXHIBIT C Hourly Pate $10.00 9.50 6.00 6.50 City of Lubbock Prevailing Wage Rates 1. Dvertime Rate - EXHIBIT D The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. 2. Weekend and Holiday Rate - EXHIBIT E The rate for weekend and holiday is 1 1/2 times base rate. -5- EXHIBIT D & E No Text ?. w - 1 w ri W•u CID (it',A, U ( 1 rt H H. W 0 ,11 f"+ : r (A O O. N w ul (9 ,il O O. W 4) 41.: u C) (a O 41',L) r 1 W U A N W: U t: aJr +J : U) N W . 'U f3 uJ r 1 O'. H (o Ui 4� GA ul Q, w u) rl r i :1 (J. `t U 'W 3J u 0 Q) W ' O C; ,��. rd tU ul : uY i - rl ul ; ^ U , ►•1 ul JJ N P. ;t O J ul 'U 3 i,)J. W b F +1 N .. 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H m ri O C ti G I• • m .I brl G' d, H �l to m P. 1-r 1'. 1' rY ;J .7• r� p. m rl ro r I 'J ro 1'• t: i (b h'• rt r r` nt. m m + h ' 1 t I-' Il, l f N I,. O +i tT rt I.A. m ro H m ti I.m :J n t0 : O Rq N arr J Cr' ti ;1 k,. {n i C. %n P. rY rT m by o ;`<. I-' m Ca. . p. p n H I .i N M. 3 ;m rI to .:: .. rn . m • - y ,. ( , , . _: P" r t' : •' : .. 4,. tll'�",� . I �...''% . r I., .1 . I I I �� .1 ; � I �. I . 11 I . i I she results of the 3 :or 7 ca} strength tests :µill be ccp2red kith the 3 or 7 nay s.tranoth_ of the preconstrsction test cylinders .for : the t}°pe at6 siumly -.of t,e concrete bei ig produced. Should the 3 or 7 day strengths - indicate a deficiencyin the 7 or 28 day strengths, the Engineer .;:a - require a temporary change in proportions to correct such deficiency. Such cha-ge s_ha11 remain -in e Iect urtil `the 7 or 28 day strength of the material in cuestion is determined, at Mich time ttie change shall becone pe^anent or shall,be rescinded, n depending upon the results of the 7 or 28 day test. . The" engineer sha? l iecora L e eelivery ticket rrurnber for the concrete and the exact location iri the work ath?ch each load represented _... b.y a strength :test is, ,depos.ited. . E. Concrete Des-ign : . : Concrete conforming to these specificati ons may be "Ready` ?fix" but transporting vehicles shall .be operated such as to insure delivery and placement in fogs without loss or. segregation of ingredients , and within one hour of Tying time. .Continuous mix- ing auzing transit will be insisted upon. *Six Design All concrete for curb arr. gutter, vslle} gutters, fillets and alley stubs, alley slabs, , drainage channels-i - boxes, head- walls, and medians shall be Type I or -ype III .cement with5% •- air entrainment tolerance) . Th' e concretemix design shall be baled on stater-ce^ezt ratio; znd shall be as follows. for ahe .. diiferent typed o.f concrete. a * inlmum Sacks Gal Max . Slump. ...::.:.. . Class cement per C .Y ., ,later per Sack ..._. in Inches A 55 C. 6 6 3 , E 5.5 5.5 3 F 6 5.5 2 Tne concrete design for .tr►e different types shall also be : such that the cog.pressive and .flexural strength for :each.: class ^ - shall not be _less ;,than the following : Nli nimum Average for _... Class am test` / day 3 day cav bed strength 28 dsS 000 C r UUv _ ECC 36CC E' 2503 2900 3500 -- ---- , n equre?c- ri c- rea cte . `77rcJCVcG CCt2ishall E a iG red•? accG._ No Text V• •t) .0 n At o I h E1 nt N) r. s; m '.i N O i m c) rr t t t:f' ' n) tt1 H tt" t F t.;, to O ;1 t n O q O n (it n) r ;.t' P. 0 n F'• m N 1-4 rt ri 'ft m to , t • O m 10 t t. iu r 1 ' .-, , in. 1 m .:'.7E.) 1-' 1 " m :. m , I-' N t r' 1 +') tD ro` r m .; rt p 0) tt. H V' to 0 . �' N '.f N : N N (-1 t. i f_t; lul n. 1=1 tij .' td } ; ► i . ,rh Td. - (1i rf n : O t-I, 00 N H . n r ... n m t') r). (n• m t+, 1 : .` t7 n O N to 'N' ' 'n, m 1h O O P. N rt M ?:° F 1 fV .: .m ME G Oz;ttt O r N .m. m 0 r) ro n, to to . r 1 ...I�, tJ ro (� tJ rt rD Mr, m rf .:(n s• m �' :N •tJ m : n rt O m` p) F )•.` El N � n [.: . to N LZ•. OQ n to nn Or rr :�' '+ h n rt T R. O E! sro :I-' rt � P. rt ` t f n :J O 1 p? " I*1 H 1 h �� ': fJ.. P. f t -tD n), to tit r 1 t t r 11: ro. + o J.,. � m ..N �1 . 1 rt o ;a.:r a o o n •..:- .,, ` r-I to ' d �: � (n ;tf _ f�.. o m ct. r t m i� a o fi ti t r1 r, ,:I tn. J t rt n.:N r•I; F�• to 'cJ 1�. r) :1 m w d 1 m F-J m N sV" m J G H to m rn m ' m ti. A. O to .O d • O : 1' O (o El �,, H n N ' f m P. p) Q to m rt-o 0 m' H m 0 f' n ft, . .rt..:ln tr N r't n 1� G G R) m m N tT n> p) p ".1' fD 1� 1 h +-h.;J m: rt m:: m rt I'• `rn t-' .n. m ,tl n+ N , H b0 tn' to . N 1�, G. N ,. W . W cr to : U J o >ro . to to .'J EJ ++) m t 01 p <; T.t :C� rt rt V' o m " to 0 : rt• n ps rt (U 'J 1� `J ►�., _ �d l_f. t.Ji: u , rt m QO .. H ' n ='rt m 0 :Y m p 0- 1-' ti r t 1 I rJ _' m ' t 11. o m tn: 0 n n. n 1 • :rf +i a p o � t :' } r 'm • - J . N 1' (n IN' (Q 7 ' o 0 rt I-). O c! H o• Fs• in in h' to n 1 � to Dr' G tr : rt 0 t-1 rt n N N m "r r CY to ,J N to ;a' 'J to rt f h �' ti tom ; t . h? rt :� n- n. H 00 .1-4 m to .n I -A ) . : 'm to :J : n �'. i; 0�, �htrr O N t1Q k1 m rt r! rt. J m m rt ,. (n Cl r) m..'n •• O N -N =tD tl° i'"1 n G N N - to .�. o N m,•`tn :, O a, n) 1'.m q' rt =m ' G rt rt r-t : rt rt t�i of f� : tt 1 (D '7' H , ft. O n) , O in ,•' V,.rt P. t ro n -i.. �'1-'Sn .1 d �'. ^':O rt m m `. ' to .J -v p1.. :4. N � ::1,N D m:" J f-f:rr r1 '[J nn t:r,; q Y r11 P. ►�. °:m m ` p. rt ro �� m H H n? rr. m rt , O rt i in ) i r t t,; :: ,J n fJ t-h. rt a' OQ ; : � ap t +i , , t , 1, t,. p1 O �, m J o P.. h..p rt, N . o, to i r: 11 ro 'x m- in o N m' �' j-. d n. rt. N N y N Ht H d :T: rr J, m v' V c, n N f? m rf; N 'cJ f1 o rt i-','to x! m •ti rt n, m ": Lr. r- tr' n v' m:,s' 0.•F1 m; N , .. m `f't; t f 0 r1 r.: to' E1 :J n N ;i tr'! N 1•-J p . i O kJ ;` � m 'i rt Y .� N [ N i m h 0.. fi-1 m H . m I-'• n d 1-� 'C/:.'F it. to N Cl, m n ? rn n rt R, N V,. �' n. n F' rr . rt MD n.. m ,.1'• I' :1-r .n tY rr a ': .J m m N to W �' d I h .t h:.N o m fD ro . f ,1I to [J IIP 0) ;-1' M. n) N.� ti t-'�F' to,, P n, � s.:. N to O: H O. N + + �; N t J ti .N cr n U , U O7.j rt O m 1-' 1 ' r1 t-t to i':' , m tl to +-1 rt n, ,. •., : n u) ; rt Fa <<: c m : ti r.. t7",N `; 1 t, w _` r• 1-� m P. n► �. N m m J of t. • I.•. V• rt n) I - N f'; .r) + 1, O 1.1 H c: 'u' rti m ; ti O ro rt t 1, .1/I Nh m rt t'f t� m. 'd. v M n Y. O N. J tJ o. o rt tp F'• + n n?+_ 1-' to N a' o m, rn t, tm,; n N In I r' o M i -' 'J' QQ ': m m to 7 ' t], H 0 .'.1' -J m J. m;c: n n m. Fh H .N ri' a;'d ,ia t .'v n. r f trf Q N n rt rt )._, rif in ,a r 1 N m N ri 0 o ) m , hlt br m ; m.!•O! rt n J m nt . d *� n) to D t' :T r t m :1' tr• tJ iJ t! N:.t-' :1 m p, rs.r.t . T m to m 0 < rt :1-h tT .ro. ► h E! rt. n, m ; ro : 0 0 m P. 7tt to rt M `I t ' t�• rt N rI - r; n + i r.) :J rt m o to P. n) r f n' N f tl H d ►., r t rt t, u, p r, t V' f�. p 0 :tn t' :m m t 14, r1 ,-i N N. rt O rt:. rt n V OQ to m tn m '.m rt c`) N.'1, i fn rt tr' tJ: J W V' t t F f. s' t s t r) ;, t to 1 I-' in, n, t-h `J' m: N n; F-' m m N 1 ID i. i o ;J 1 Sro m H i_, ct p) "Re: m r rn rt t 1 J i:O Jam• m N. N C N H "A' rt rt > N rt N• trt t. o (-� n) .H r► 0 m ' r, N n. t c .:; o ,_,. r, I tc (n n m f-' m H <d a 1 on m ra, t� m (n p o t,` t.,. n. to r: ct on 1 m N: ro 1�, rr; Ct' P. p) O t)' f i m m `� n n. ;r r m m . ' t n = . In nt a m', ti t to t ' tr' s; 0 :; t r t n n N m rn a. 'n ; . -o N 60 , D) : iD (Dtr7 ro to tt-f . N <lu 0 rt to t-j :1 h 'H ' m ►, m t-'• I -A m rn .t1 r: 1%) 0 'm ti rt:p r r : n t1' rr v rr`_r_1 rn r), •• rt, n, v +1 ms V' +i W 1� -: El (n m ra n n>' m :N tis R rt rt O Fh An rt �• t li stn r) to m U N V' ,m to n.'Lf J'. 0 :.r n, in m 11' O .:1 ..tom• ".ty ai n.,o o '. , ro .. cJ r1 1+, p t H ) �:G n m 0 n to to t h F-h d eN N tom. ;i i 1 n n H I J�; o : n) m m ':Y N rtt .H (n 0 an H o : i N 'd :. N <I� ' rt i j .. o . 1 ' ;0 :H 11 E.) +� 0) rt p. O rt n. W m rt I--' M.:rt n : 0 m tr' ,1 rT to .rt n) rt. N 1-1, O m m o n, ,., m t: t� N 1 <t-+ ,t- ,°. O n n •- to :rt. :o N tJ .N• J n• m m trn ; t r., to rt n) 01 I-' �' m Y: t' n, t f N :J Ej n t. ;t- o c; ; E! n. r, f-1 o n rn th ,' N 1'•'N .G'.� .• t-' ns m Ei o o t`' m m -o tJ N:G t) :N :N 1-h ,.,. cJ O n.:9 rl I • d rt to : rt fD Fh H • J i:J to rh N 06.+i •n rt N n. 1- h 1'I rb H. ,{ n }'-.m n) t-' m f t;, ; N r1 O rt+ h O 0: o I.,. n m n) m to n ':f in :J. r_t: n t..; O 'd Tt ' p' .n ih{ (�pp - , to :. pt GT;; O ',El N Ei `- tD :' ` .. ti a011 +'H t �t m ,. O M :O rt '.J •t rl cY:t-h I,�im N iD ) rf ' J N, :. U FJ , t i' ;'�', n ;f, to ti N• L,. n (n to n,. tr, m N nr 1�. to N a `' to m ; rt " RQ to p., I-i.: J ,....tfi 1 s' rt; rt n.;. d ►� :. n !rt o t; rt tJ.°n) c +1 ,-'• I., m n) (D 7 m J t, i O ��. rt 1-1 Oo rt - n t t t1. 1_, m ,.h q N G }-•• 7a to N I-, a• 1-' �,. In m n .0 m rr I-, to , t H i CJ • ►�, t,. _ to to :J 0 t No Text ELT?I?`5__�F:_Z',`Q�`.�rtRLCI(��'�,.. ,.....,..�. (3) Settin� Forms _ .. . Forms for concrete curb 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 node during the placing and working of the concrete. The forms shall be cleaned and oiled prior to pouring concrete. Face forms and construction joints (removable metal plates) shall be set to hold the concrete for the curb in place until it is to be finished. Forms. for radii shall be set in the same manner as the straight - forms -except that no face form will be required if a true section is obtained by other methods. The.radii forms shall be set in such a manner that the•curve will be true. (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 not more than forty'(40) feet between the intersections. Forty feet intervals may be waived if curb and gutter machine is used. E.-pansion joints shall be of the material hereinbefore specified. " Construction joints formed by removablemetal 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 i joints or as directed by the Engineer. Contraction,joints shall be•placed at ten foot' intervals. A11 joints shall be perpendicular to the_surface.of the concrete and to the .axis of the section. (5).. Finishing ... n ten . (10) foot metal ."strai �:,t-edge" s:,all be used to strike the {' l � 1n,e of the out ter low l�ne to grade, continuo•,:�1ti• along the _`iaG This operation shall be fello� ec z.it, a our foot spirit le�rel (-) to assure the .continuous grace corn the flow -line the length of the gutter. `,-.L No Text The approved mix shall be red into the machine in such a manner and at such consistency that the finished curb will present a well compacted mass with a surface free from voids and honeycombs and' true to established shape, line and grade. ° Additional surface finishing shall be performed imediately after extrusion. Unless otheniise specified by the Engineer, joints Shall be constructed as follows: Expansion joints shall be located at each end of radius at intersections and alley returns and at the beginning of the pour, and d-mmy grooved joints shall be spaced at 10 foot interVals..between the expansion joints. - (8) Curin ' All concrete work shall be.covere,d with heavy water -proof type paper.to prevent loss of moisture and -to prevent direct sunlight ' from striking the concrete, as soon as 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. 5 (9) Filling Behind Curb.„ After the forms....are removed and the concrete has cured, the contractor shell 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'"satisf2ctory to the property owner and/or Engineer. 1111`'should "be""done prior to dumping caliche. (10) Replacement of Damaged Curb gnd Gutter or Gutter _ -o� _. No patching off any nature shall be allowed in repairing any damage to curb and gutter or gutter which occurs during the construction process of paving improvements In any unit prior to the acceptance of said unit. ,'here .age occurs, the section .of curb and gutter or.gutter containing the damaged portion shall be remove to the .: ..v� ...... nearest joints and sha11 5e replaced with new construction, prior -• to surfacing of that section of street., Concrete surface `finish marred bit. vandals, rain or sand during setting tine shall be iwTecrate1Y repaired with an approved epoxy rateriGl, all abused cc-�crcte surface, alcng with structural ..... damage and defective ?ow line found at tine of surr2c-ng shall be handled as described in sentence 2 above. �'_4 B . Reinforced Concrete 30" _.Separate Gutter (Class E Concrete) De sc ri pt: io n This item shall consist of Portland cement 30" 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 Page V-24) (2) Reinforcing. Steel - ,See- Section 3 under.. Ilateria1s of Construction.. (3) Placing 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 Valle Gutters (Class C., and E _Concrete) Des cription This item shall b'e constructed of Class C concrete for thorough- fare 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` six (6) inc.h' concrete slab o-n residential streets. reinforced with 4 - Number 3 bars. on two (2) foot centers, .(Cross bars shall be #3 bars 4i feet long) or with 6" x 6" 6 gauge wire mesh.. Fillet areas shall be reinforced as shown on the plans and constructed,, to the 'lines and grades as shown on N the plans and as designated by the Engineer- .Details of construc- tion are the same as for curb and gutter where they can be directly applied. :.. (1) Subgrade Preparation (See_ -Page V-24) (2) Reinforcing Steel - See Section 3 under Materials of Construction. (3) Placing _ ... _ ....... Care shall be taken toehold. the steel 2" above the bottom, 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. V-5 1 D. x ReirfOrcedFAlley Paving Slab and cl.ley 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. (l) Forming Forms 'for alley slab shall be' placed where necessary to form the outside edge of slab (whereslab is not bordered by concrete curb and gutter or other permanent improvements such as buildings, 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 de th of concrete. _ _ .. _ .._.__ ......... ........... ...._.... (2) Subgrade Preparation (See., Page (3) Reinforcing Care shall be taken to securely hold the welded wire mesh 3" above the bottom of the�sl2b by use of high chairs or pre -cast concrete 5 blocks Concrete shall not be poured during sandstorms. Concrete shall ` be protected to maintain temperatLres 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 9.0 d.egrees 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 wiich.would,effect the placement and protection of the concrete, and to be prepared to protect.f-reshly placed concrete when sudden . : changes in the weather make such protection necessary (4) Finishing Concrete shall qe deposited so as to conform roughly to the finished cress -section. Sufficient concrete shall be placed to allow for s :rinkage and extra material for finishing. C- 6 The shape and flow line of the alley paving slab may be Established s by the use of two (2") 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_citho.ut_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 four_(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 pw.ln expense"``acid to the satisfaction of the City Engineer. The Citj Sanitation Department shall b,e .no�ifed, of ,all, _alley return and,alley paving -construction, and if possible, the length • of time said .returns , and/or alleys _ shall be closed to__traffic., The.Cont'ractor shall properly .flare and barricade alley returns, and alleys during the period of construction and as long after- ward 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 achieved), the adjacent approaches from the street and alley. In all cases, no alley or alley return shall -be opened to traffic without the approval of the City Engineer. (6) Removing Forms Special care is required of the contractor in his removing of pins and moving of forms. Pins shall be, pulled from the ground to free forms. If ha=ering is found to be *necessary a light, y one (1) pound -ha ner"`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 work- men. It is the -duty of the contractor to remove any warped forms rou-►d in any section of forms, before it is ?cured. j-Tnen forms are po- nted out as eefective, those forms sx-all then be removedfrcm the job site and not returned until theti have been inspected b�- the engineer: (7) Re lacement,:of Dama ed Concrete orconc�rete Surface. • • Only patching of very minor nature will be allowed in alley paving. Any substantial damage occurring to the alley paving prior to the acceptance of the unit in which the damage occurs will be remedied by removal and replacement of the _entire_section or'sections of alley paving that has been damaged. Any slab removed to a joint other than a doweled expansion joint will be replaced using joint section B-B in the Special Detail Sheets of these specifications.. Extreme care shall be taken by the contractor during "Setting -Up" period to prevent vandals,.sand or rain from marring the surface finish to avoid being handled as described in sentence 2, above. E. Reinforced Concrete Median,; curb (Class A Concrete) • This item shall consist of reinforced'concrete slab-(6") inches. thick and may be placed on asphalt surface on caliche base or on asphalt surface.on concrete base. Median slab shall - be doweled as shown on he plans. Details of concrete placement, finishing, and curing shall be used where applicable. (1) Subgrade Preparation (Se e_P-age V-24).. F. Reinforced Concrete Railroad Crossing (Class F Concrete,) Description This' Item `shall' consist of the construction of Class F reinforced concrete as shown on Concrete Railroad Crossing Details. -(File #2-B-92 [21). (1) Subgrade Preparation (See Page- (2) Reinforcing Steel Bars to be bsed „,•_,:� 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. Y (3) Placing Care -shall be en to hold the (1/2")"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 shall be securely tied with dire. G. Reinforced Concrete Drainaze Slebs (Class A Concrete) __. This item slh- all consist of a concrete slab (5") thick and containing ^, F wire mesh reinforcing which s all conform to "Standard Specicatioris for Welded Steel ,'ire. Fabric for Concrete Rei-forcement" ASTM Designation A-185 `,-S - • A transverse dummy groove contraction joint, as described in x. illustration 2-A7101, will be required every (13) feet. (1) Subgrade Preparation (See_ ,Page V-24) _ t H. _... Concrete Pavement -Class 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 establixhed 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 an cured in accordance with the requirements of this . specifications and meets the requirements herein specified. (1) Materials....... .... (2) 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, y . and the Contractor desires to use it, he shall obtain written permission of the Engineer and shall assume all additional costs incurred by the use of such.cement. Type I and Type III cement shall conform to the .requirements of ASTM, Designation: C150. When 6 Type II'I cement is used, the average strength at the age of 7 days shall be higher' than that attained at 3 days. Either the tensile .or the compressive tests may be used for either type cement. In �. addition to the requirements of ASTM Designation.150, the specific. surface area of.Type I cement shall not exceed 2,000 square centi- meters per gram as measured by the Wagner Turbidmeter in accordance with Test Method Tex-310-D. (3) Admixtures _...... __,. _ w,m. ....... Unless otherwise provided in the plans or special provisions, approved types of admixtures to minimuze 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 . _ r"-' T .H.D. I tem. 4 37 ... ,-Conc � re te Admixtures". V-9 No Text (5) Fine Aggregate Fine aggregate shall consist of sand or a combination of sands, And shall be composed of clean, hard, durable, uncoated grains. Unless otherwise shown on plans, the acid insoluble residue of _ ` the fine aggregate shall be not less than 28 percent by weight when the tested in accordance with Test Method Tex-612-J. (6) 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. 4,TYen subjected to the color test for organic impurities, Test Method Tex-408-A, the fine aggregate shall not show a color darker than the standard,. Unless specified otherwise, fine aggregate shall meet the following grading requirements: Retained on 3/8" sieve ... . . . . . . . . 0% Retained on No. 4 sieve •.• .. ,...,.... -0 to 5% Retained on No. 8 sieve . 0 to 20% - Retained on No. 16 sieve . . 15 to 30% Y. 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 kill be subjected to the Sand•"Equivalent}Test (Test Method Tex-203-F). The sand equivalent value shall not . be less than 80, or less than the value shown on the plans, .� whichever is greater. (7) .... Mineral Filler _. Mineral filler shall consist of clean stone dust, crushed sand, crushed shell or, other approved inert material.,,-Vhen tested in �., acco'rdance.c:ith 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 aterial, and aggregate containing foreign material will be rejected. ($} Mixing Water Water for use in concrete and for curing shall be free from oil, acids, organic natter or other„deleterious substances and shall not contain more.than 1,000 parts per million of chlorides as C1. 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.:. Tests procedure shall be.in accordance with AASHO Designation: T 26. (9) Steel bowel Bars_..._, . Steel bar dowels, if used in accordance with provisions of _project plans, shall be of the sie and type indicated on plans and shall be open-hearth, basic oxygen-•oT- electric -furnace steel conforming to the mechanical properties specified for grade 60 in ASTM Designation: A615. The free end of dowel bz.rs,..shall be smooth and free of shearing burrs. (10) Steel Reinforcement .,,. �,..w..:..:.,,,,•. ,...... ..... _ u. •.,.. ..._. .H::a..,,. _ ...�,.._ ..IT .: ,_ u_r . 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 Designation: A-615. High yield reinforcing steel shall be either (•I) open-hearth, basic oxygen or' electric- furnace new billet steel conforming to -the , requirements of ASTPi Designation: A-615 Grade 60 or (2) rail steel bars for concrete reinforcement, conforming to the requirements of ASTM Designation: A-616 Grade 60. (Bars produced by piling .,method will not be..accepted. - t;'here prefabricated wire mats are specified or permitted, the wire shall be cold worked steel wire conforming to the requirements of ASTM Designation: A 496, except that steel shall be made by open- hearth, electric -furnace, or basic o.�.-ygen'°proc&es•ses" The prefab- _ .. . _ ricated wire mats shall conform to the requirements of ASTri Desig- nation A 407. *:ats that nave been bent or v4r.es dislocated or parted during shJ-ping or project handling shall be realigned to within cne-half :inch of the original horizontal plane of the sat. ?fatswith and portion, of the wires out of=erticGl align~.went more than one -•half inch after realignment ane/or wires dislocated or - .:.ultilated so that, in the opinion of the engineer, they do not represent the criciral mat, shall be rejectec. The mats may ce clamaoed or ,Tired so that the mats will retain the horizontal and vertical alig=lEnt as spec_�ied by the plans cr as approved by the Engineer. Deformed wire may be used for tie bars and load transfer bars that squire bending. t+'hen fabricated steel bar or rod mats are specified, the mats shall meet the requirements of ASTM.Designation: A-184. (11) Mechanical Vibratory Equipment All concrete laced for p pavement shall be . consolidated by approved mechanical vibrators and designed to vibrate the concrete internally. yP The internt e will be used no al r full -depth placement. vibratory members shall extend across the pavement practically to, but shall not come in contact with the side forms Mechanically -operated vibrators shall.be operated in such 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.o,f. he pavement. Thefrequency in air of the internal spud type vibratory units shall be not less than 8,000-cycles per minute and not less than 5,000 cycles per minute for tube types and the ifietho.d of operation shall be as directed by the'Engineer. The Contractor shail ,have,,a satisfactory tachometer available for checking the vibratory elements. Tie"pavement vibrators „sn,zll *got be used .,to level or spread the concrete but..,shall be.used only -for purposes t�'f consolidation. The vibrators will not be operated where the surface of the concrete, o as spread, is below the elevation of the 'finished, surface of the 111111* m pavement, except for the.first lift.of concrete where the double strike off 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 manipulatedmechanicalvibrators 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 mechaiiicah* 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 ,. r . shill be carefull3� ex amined .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 sats,lactory consolidation. - (12) Finishing Equipment Vhere hand finishing is permitted under this specification, the Contractor shall provide a strife template a~.a tamaing template both of 4 b;� 10 inch lu,:ber or equivalent metal section and at least 2 feet longer than the width of the pave:-.ent. Both templates shall conform to the crown,°sectic:: of the pavement, and the tamp, if of wood, shall have a steel face not less than 3/8 inch in thickness. The COFltractor shall also �r0� ide a lOIicltL•dlnal float Of appr0�`ed desi€n and not less than 1-: feetL. le:.gth in .. No Text No Text No Text No Text I. Concrete, nixing and Placing • *fixing The. aggregates, mineral.. filler if required, cement and water. shall be measured separately,'introduced into the mixer, and mixed fora 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 beings. -The required water shall be introduced into the mixing drum during the first 15 seconds of mixing. The entire contents of the drr�n shall t' discharged `before.. any materials of the succeeding . batch are introduced. The Engineer may increase"the.minimum mixing time.fo that necessary to produce thoroughly mixed, concrete based on ' inspection or appropriate uniformity tests. The Mixing time may be varied at any time as necessary to produce acceptable "._._... concrete. ... If. Ready -Mix concrete is' -used, the concrete shall be discharged into. the specified hauling equipment and -del-ivered 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 o,f 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 I • 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 specific written • authorization of ' the-;ngineer,"'concrete shall not be placed when . the temperature is below 40 F, the temperature being taken in the shade and away from artifical heat. `. Vhen'such permission is granted, the Contractor shall furnish an.. approved enclosure, such as canvas -covered framework, to enclose and protect all pavenent so 11 placed, I. and shall maintain the temperature of the air L.surrounding the concrete at not less than 50 .F for not less than 5 d-ay.s. t-1 en concrete is being placed in cold weather; other than under the conditions stated above, the �.7. .. \-.:8 No Text No Text of performing• the work. Saw blades' shall be designed to make a clean smooth cut having a k*dth and depth of cut as detailed y on'the plans. Tracks adequately anchored, chalk, string line or other approved methods shall be used to provide true .alignment of the joints. The concrete saw shall be maintained in good �. operating condition and the Contractor shall keep -.a .stand-by power saw on the project at all times'when concrete operations are under way, If membrane 'curing is used, the. portion of the seal ..which has been disturbed by sawing operations shall be restored by the Contractor by spraying the areas with additional curing seal;: (6) Contraction Joints Transverse contraction joints., shall be formed or sawed joints perpendicular to the centerline and surface of the pavement. Where sawed joints are used, contraction joints at approximately 15-foot intervals shall be sawed as soon.as sawing can be accomplished without damage to the pavement' and before_24 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 pattern as directed by the Engineer, and they shall be completed before uncontrolled cracking of the pavement takes place. All joints shall be completed before permitting '`traffic to use the pavement. (7) 7,.onbitudinal Joints 'to'ongitudinal ' jfoints shall" be sawed when required by the plans from two'to seven days after construction of the pavement. Sawing shall not cause damage to the pavement and the groove shall be ' cut with a"minimum of spilling: No traffic (including construction traffic) shall be permitted on the pavement until ,the longitudinal joint is cut. (8) Joint Sealers After the joints in the. hardened concrete, have been repaired (if necessary) and cleaned to the satisfaction of th'e Engineer. The ,.. - j oints will be the filled with, the W. R. lead`ows sof-seal. After the sealant is installed it will,effectively s . eal . the joints against water, dirt and stones throughout repeated cycles of expansion and contraction. _ (o) 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 �o'. 2 $ &"5`€age.: Such anchorage shall be sufficient 'to overcome the tendency of the material to fall out of the joint. V-21 No Text No Text No Text S (2} Compaction (See Section V, Item 2 A ) The sub grade will be wetted and roller to secure. 95% Standard _. . Proctor Density. 'Before placement of the base and/or curb and gutter and/or concrete valley gutter and/or alley return slab and/sidewalk, the subgrade will be checked bor y test robing six .; mes or more if. required by -the Engineer with a self-propelled roller weighing not less than 35 tons. Any soft of unstable spots found by.test rolling will be corrected by removing the. soft or unstable material and replacing it with suitable soil compacted to 95% Proctor Density. The areas so corrected. shall be test rolled as specified above. (3) Intersection , Special care shall be exercised in grading street intersections where. dips are located so that the cross profiles present a smooth riding surface' and so that the compacted 'base th cl ness _. will not be less than six (6") or nine (9"). Crown section shall begin to decrease 60�1eet back of end of radius for residential streets. For wider streets dips will be blue topped as shown on the detail sheet. (4) Prosecution of the k 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 s.ubgrade preparation is begun and the spreading and compacting of the caliche base. Nersures shall '... be taken by the contractor not to leave .driveways impassable during the night hours. (5) Excess Materials..., _..:........___ M ..._.._ _........_".. _ .,,.... . ;" Materials excavated in excessof, that needed in fill` and backfill behind curb and shall,.be wasted by the contractor... Care shall be taken by the contractor to use only topsoil in the backfill behind the curbs. The.cont.ractor may dispose of the surplus excavated material in. any manner not objectionableto the public, - and it is his responsibility to located a suitable site for dumping the waste r excavati.on._ 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,:... V-25 . No Text No Text No Text No Text No Text The utilizzation of the traffic to compact and bind the base is an essential part of the construcaio*, and wherever. possible V !the base course shall be opened to traffic, and the contractor shall directand distribute the.`traffic uniformly over the entire width of the base course During the pextod o.,f at feast seven (7) days that traffic. is being directedover the base the caliche. „� :. base shall be satisfactorily maintained by the use of water trucks, . blades, drags and such other equipment as.:__is,require d. The base course:;shallybe so maintained until the wearing surface is placed thereon. The surface .shall not be placed on base course that exceeds optimum moisture by two 2% two per cent. C. Finishing Description The compacted base shall be finished and shaped immediately preceding the application_pf the surface treatment"; A11.'loose or ' `->G unconsolidated material shall be removed the sur ace moistened .and ,. ate. - =- and rolled with steel wheel roger"�irregularitles, depres- _a sion or weak spots which develop during compaction"sha11: be corrected by scarifying the areas affected, adding or removing material as,,,re.gi:ired, reshaping and recompacting by sprinkling .. and rolling: (1) Weak ._Spots in Base or, .,SubSrade The finished base shall be checked by a minimum of six (6) test rollings ti'a th a 35 ton roller. ..Any weak spots found shall be remedied before tthe 'surface is applied. _.._The weak may be „spots remedied._ by reprocessing the area in which tkiE weak spot` is found in which case the base will be allowed to cure for 72 hours before, ► the surface -is applied. If the contractorchooses,�he may repair the weak spot by removing the material involved and replacing it w*it i type "C" not :mix _or zs:;phalt .stabil.i,zed base, ,. In,_ this case 'he � Y surfacemay be applied as -soon as the hot mix .,.;patch has been compacted and cooled,to„ c ent tenpeY'a e. ('2) Allowable Deviation in Finish _:._ .4.. Ir:�ed.iatel�° prior. to _nlzcing of surfacing, the base shall be _ checked an any deviation Tn —excess S.L. three -dig is i3]8)'inc from tne,eatabl�sne gra e or true cros ton sna� e corrected as pro-ide oove for-ee�ects,"� ongitueinally a :_ ., ,._. straight_ ecge 1 .:Lye ?ong sh be usea o detect any- "deviation.. . whic shall be corrected as cefects V=32 No Text No Text No Text No Text No Text No Text SUM ly ,yl� VI I J I rlu�.G .�V uMll ILCV 1111.V b/Ic .0 \. a%tl c i n Li u l l nn I c u L, I I I I uIII L. price hall be furl compensation for loading, hauling, unloading, blading .. wetting and rolling and shaping; compacting; removing and disposing material, and all man pulati-ns, labor•, tools and equipment necessary to complete the work as'req`uired by the E-ng neer;_ .v_._.�,...... SLAB D - C- B- A- a ♦ 1 1♦ NOTE: 0.5 invert in channels of 6x6 10/10 welded wire mesh 3,5'a 6 widths. centered in 4" thick slob. - NOTE: Alternate for wire mesh may be L6 b. per GY. of �FORTA FIBRE"or equivolent. Scale I"= 21 STANDARD PARK 4" R.C. DRAINAGE SLAB. STANDARD PARK S AKA 4"R.C. Sirt�� A = Goo 6 = 2 00 ] O� s STRUCTURE a- 4"R.C. Slab IJ 40- slope 10 10 Not. Gr. ,ter- �,� � � 1� � Risers (sprinklers) Scole: I��= Id Horz. I"= 3 Vert. STANDARD PARK 40' WIDE BLADED CHANNEL 10 `zke I -I orb . („- Zo" • Ver+ical I CROSS-SECTION OF TYPICAL PARK CUT SECTION De'f'ai I I�efY1 3- 30� •'a 15� 6x6 10/10 welded wire 1 1 ., _ mesh, cerriered in slab. I � SEE MsET`A' I �� Exist* ciwnf w — \ ' _ I Aieo A = 278 si . / 4 I Areo B=390si ' i PC) ° 12" Curb section ZTMCKENEIDB' CONCRETE EDGES 1 i MAT C#i ELEV. MO S SEE tMSET`8' — 24.0 Si M 47 R.C. Slab - _ — 22.0 2.5' - 6:6 10/10 welded t• wire mesh. ' _ — 20.0 y CENTERLINE SECTION 1 - 16.0 4•' INSET "B" ';;:' - LAKE ELEV. .a. o• INSET 8 6" D RAINAG E' SLAB DETAIL PARK EROSION STRUCTURE Deter i 1 item - 4 0 2 -3 reba ,r - 4, Z- #3 bcir5 l48''RCF Ljnit '26.2 scale 1 = so STANDARD PARK H STRUCTURE DRAINAGE SLAB DETAIL DLal j ifel3'1 4A- } TYPE A R '. . . - � Dorn CuD Setfior _ e 1 - t 1 I i'-O� � I�-E•� I - I S Il/IE I � • 2TYPt 3 e � - R 1I/2' Born Curb Section - • , S It/Ib � i� - b 5/16�� NOTE: CONTRACTOR -1,St.T USE EITHER OF THE ABOVE SECTIONS c 11 /1s' •. TYPE G o � � •�' � �C. c 1��I,tE c t - c _ _ I i/16� f I — 1- it 5/ 16" _ _I REINFORCED GJTT EFL SECTION w';LL EE CON517RUCTED WITH THREE NO. B '• EAP,S RUNFhING HE ENTIRE LENGTH' Dr THE DFJVEw;.Y SECTION AND THE THREE HORILO?*7 -.L WILL c'E SUPF-1D-- "D W] T F 7 RH ND. f; DOv*'EL cGRS 12 INCHES IN LENGTt-' ..ND CJ� 5. FC: T CE=�T�=S. LOCATIONS. -c REQUESTED ET THE CITY ENGINEERS. Datai ) - ilern S 3-r5-g� IZ- SLEEllr= VII 1 apt-es�er �yPe 40 �c 3� oa 3 compression Pressure �'o;nt a •P VC, -5ah 40 . PP u�li�y N OT L- f i l( o n each yid e do not �-un e9u)'Fmem7i' over pjDe • h �1 ec, Ieads e C . co�f�Of wiring 'O enclose in slsElVe for Pro tcact)'pn YVATER LIME SLEEVE AND REPLACEMENT- E/more Pk, ur�lfs ��- 2 ,�, 6 Detail item 7- Do: e. , DO: - r1 D_ P-)E tEr Less _.:am S" bar c pt_C F- C;:'.;T 1:C=10 CG S'= UC__0'�'--_ 1E2ke7lE6-p1cne 'u y its to con s--ol cracking ' �Ep t'� D r grOOVE i 5 1/4 pa'ving thickness T7an.vezrse J ts� 12-1%2 ° to 15 it. fCr per �g ,r less tha_:: t:-:ick. it no case s'.^.Guld the Ieng.th exceeC .tdth _. re _:.an �..;. :.G:i�=tuC�ncl J t,5 Vill be dared in center of gat-_ g lanes that have a greater than the max, S-�acimlc. for traa-s- Verse ts. Deuels required, across. _ast tArEE tra=sverse C•,—T, ,. is back f --cm ECG c-- Cohczete D2 .;C7- I'\S%=?5= J :s T e_s cc.strucrioa o_ ia-,es . k be QO-£_EC _Cr pati" =C. less then °'' %.iliC!{ tramsverse c0 5t- -uctiC is k"_i i De doweled Use t'_ckened edge its, _m, lieu of dov.els, arcun6 curves. USEC at _ __ tErSECCn t_5 O, pa event » s:rL)ctu_eS J . s Fill be installer to Su77OunG cr separate f7c= the paVEZE't, structures that prc-Ect ti''TOugn, Into er against the paveme-t its may be cmirted When CcricrEtE it plaCed Curing -;:a= weather Amm Ea;. s i cn J t at CCnStruCtlGn Jt SriCuiG be StcllEc i..ien te=)- Erature 15 CCnsider'ab�t' 0._i_TErent troy precious days. pour - use smooth dowels .