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HomeMy WebLinkAboutResolution - 3479 - Contract - Eagle Building & Development - Concrete Work, Chalker Sub-Station - 10_22_1990Resolution # 3479 October 22, 1990 Item #21 HW:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Eagle Building & Development for a concrete work Chalker Sub -station, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: nette uoya, uity ,)ecreta APPROVED S TO CONTENT: C Gene Eads, Purchasing Manager APPROVED AS TO FORM: Ha'rold Willard, Assistant City Attorney 22nd day of October , 1990. B. C. McMI N, MAYOR 3-19 i y $- / 5 T . o%- �J J'ee CITY OF LUBBOCK SPECIFICATIONS FC.'? CONCRETE All 4HAE. K R SUBSTA HOIN v g 3 'V? 9 CITY OF LUBBOCK Lubbock, Texasa4 �� CITY OF LUBBOCK SPECIFICATIONS for TITLE: CONCRETE AT CHALKER SUBSTATION ADDRESS: 7400 UTICA AVENUE BID NUMBER: 10825 PROJECT NUMBER: 2113-551103-9428 CONTRACT PREPARED BY: Purchasing Department -1- (This page left blank intentionally) INDEX PAGE 1. NOTICE TO BIDDERS...........................................................................................3 2. GENERAL INSTRUCTIONS TO BIDDERS ............. 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS..................................................................10 4. PAYMENT BOND ............................ :................................................................. 13 5. PERFORMANCE BOND..........................................................................................16 6. CERTIFICATE OF INSURANCE .............................................. ...19 <- 7. CONTRACT .............. 8. GENERAL CONDITIONS OF THE AGREEMENT ................... 9. CURRENT WAGE DETERMINATIONS................................................................................41 10. SPECIFICATIONS............................................................................................42 11. SPECIAL CONDITIONS.........................................................................................43 �., 12. NOTICE OF ACCEPTANCE......................................................................................45 .0 -2- (This page left blank intentionally) NOTICE TO BIDDERS -3- (This page left blank intentionally) NOTICE TO BIDDERS BID # 10825 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until, .� 4:00 o'clock p.m. on the 18th day of September, 1990, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: CONCRETE AT CHALKER SUBSTATION 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 responsibility of the bidder to insure that his bid is actually in the office of Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City Council will consider the bids on the 13th day of September, 1990, at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should —� be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a pre -bid conference on 11th day of September, 1990, at 10:00 o'clock a.m., Personnel Conference Room #108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK BY: Gene Eads, C.P.M. Purchasing Manager ADVERTISEMENT FOR BIDS BID # 10825 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 4:00 o'clock p.m. on the 18th day of September, 1990, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: CONCRETE AT CHALKER SUBSTATION. 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. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a prebid conference on 11th day of September, 1990, at 10:00 o'clock a.m., Personnel Conference Room 108, Municipal Building, 1625 13th Street. BY: Gene Eads, C.P.M. PURCHASING MANAGER r (This page left blank intentionally) GENERAL INSTRUCTIONS TO BIDDERS -4- (This page left blank intentionally) GENERAL INSTRUCTIONS TO BIDDERS .. 1. SCOPE OF WORK The work to be done under the contract documents shall consist of the following: To construct drives, alley approach, sidewalk and curbing at Lubbock Power and Light's Chalker Substation, 74th & Utica Ave. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the Gen- eral Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (SIXTY) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so sub- mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple- tion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. -5- 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for pro- tecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provi- sion. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against de- fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and. pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished di- rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup- pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi- als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc- tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City re- serves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma- terials to be incorporated into the work without paying the tax at the time of purchase. -6- 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in .� such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under- ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by .-. this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig- nals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re- placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES r- The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast- ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the ,s State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written -7- notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subroga- tion. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be applicable. Construc- tion work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not Less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc- tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. -8- The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, 'ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to in- creases or decreases in the cost of materials, labor or other items required for the project will be re- jected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal.on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis- tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an indi- vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- lowing: .�— (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. M All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. -9- (This page left blank intentionally) r► BID PROPOSAL -10- (This page left blank intentionally) P— PLACE: DATE: PROJECT NO: Proposal ofG—LPi�-� ylf (hereinafter called "Bidder") To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter calted "Owner") Gentlemen: The Bidder in compliance with your invitation for bids for the construction of 6-1c)ykj having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other retated contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated in Exhibit "A". The Bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "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 60 (SIXTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay the owner as Liquidated damages the sum of $50.00 (Fifty dollars) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with Instruction No. 20 of the General Instructions to Bidder. 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 a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S l :Z1 ) or a Proposal Bond in the sum of Dollars (S ) which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond 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. ontractor By. V"a (Seal if Bidder is a Corporation) ATTEST: Secretary EXHIBIT "A" BID PROPOSAL .BID FOR UNIT PRICE CONTRACT ITEM QUANTITY- DESCRIPTION OF ITEM AND TOTAL NO. AND UNIT UNIT PRICE AMOUNT 1. 425 S.Y. Sidewalk Construction 4" thick by 13.5' wide, Class A. 3,000 psi/28 day 5% air en- trained concrete constructed on approved subgrade, includ- ing site clearance and removal of all obstructions, filling and/or cutting, hauling, smoothing and leveling the area between curb and gutter and fence line as directed by the Engineer, complete in place per square yard; Dollars ( 459 ) Cents $ 2. 30 S.Y. Drive Approaches - 6" thick, Class A, 3,000 psi/28 day, 5% air entrainment -concrete constructed on approved sub - grade, including removal of existing obstructions as necessary, complete in place per square yard; Dol 1 ars 00 a ✓7 Cents 3. 1070 L.F. Substation Fence Curbing = 10" thick by 6" wide, Class A, 3000 psi/28 day 5% air entrained concrete constructed on approved subgrade, including site clearance, complete in place per linear foot; Dollars ( 6715 ) Cents $_ 3 F 4. 27 S.Y. 5. 31 L.F. Alley Return - Per City of Lubbock Streets Engineering Standard, Class E, 3,000 psi/7day 5% air entrained concrete constructed on approved subgrade, including site clearance and removal of all obstructions, existing curbs and gutter, filling and/or cutting, hauling, smoothing and leveling area, com- plete in place per square yard; a,o2 S Dollars O Cents $ Curb and Gutter for Alley Return Class A, 3,000 psi/28 day 5% air entrained concrete constructed on approved subgrade, including site clearance and pavement patching if deemed.necessary by the Engineer, complete in place per linear foot; 40 Dollars D49 ) as Cents $ 0/0 12 r-+ 0.- PAYMENT BOND -13- (This page left blank intentionally) STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars (S ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis- trators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 19_, to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con- tract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. -14- IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 19_ Principal By: By: By: (Title) (Title) (Title) Surety *By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des- ignates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: Approved as to form: City of Lubbock By: City Attorney (Title) *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. -15- PERFORMANCE BOND r- -16- (This page left blank intentionally) STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 `r KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra- tors, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the obligee, dated the _ day of 19_, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the ,.. same extent as if copied at Length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per- form the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. ~ IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of , 19_ Surety Principal *By: By. (Title) (Title) By. (Title) .� By: (Title) -17- The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By. Approved as to Form City of Lubbock By: City Attorney (Title) *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by -Laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. -18- CERTIFICATE OF INSURANCE -19- (This page left blank intentionally) A04010,10 CERTIFICATE OF INSURANCE ISS111 A2TE (9MOM/UD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Alan Henry Insurance nVI,,,., P.O. Box 2399 Lubbock, TX 79408-2399 INSURED Fred Koetti ng dba Eagle Building and Development, Inc. Route 7, Box 247E ® Lubbock, TX 79401 COMPANIES AFFORDING COVERAGE COMPANY A LETTER U.S. Fire Ins. Co. COMPANY B LETTER COMPANY `. LETTER COMPANY.D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED -TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ;CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDD/YY) DATE (MMIDD/YY) A GENERAL LIABILITY GENERAL AGGREGATE S 2, WON' OOO X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. - $ 1,000,000 CLAIMS MADE X OCCUR. 5430284784 2-2-90 2-2-9 1 PERSONAL & ADV. INJURY $ 1,000,000 I OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000 1 - - FIRE DAMAGE (Any one fire) $ 50,000 i MED. EXPENSE (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE '^ X ANY AUTO LIMIT $ 500,000 A ALL OWNED AUTOS 1335881529 SCHEDULED AUTOS r.. X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY - - EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER 2-2790 2-2-91 BODILY INJURY (Per person) $ BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ '—!STATUTORY LIMITS EACH ACCIDENT $ DISEASE —POLICY LIMIT $ ' OISEASE—EACH EMPLOYEE $ rw DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS Job; Kingsgate Park Playground Construction Bid #10895 CERTIFICATE HOLDER w CANCELLATION _ .��. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Lubbock MAIL _1p DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE r., Attn: Ron Schuffield --Purchasing P. 0. Box 2000 Lubbock, Texas 79408 1 ACORD 25-S (7190) LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE PACORD CORPORATION 19S (THIS PAGE LEFT BLANK INTENTIONALLY). 4" CONTRACT (This page left blank intentionally) CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 22nd day of October, 1990 , by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to,as OWNER, and Eagle Building & Development, Inc. of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as foL- Lows: BID # 10825 - Concrete at Chalker Substation in the amount of $13,541.000 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, ^, Labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the.date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. a, IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) By: C— .,00 :A� Sec etar Y MAYOR APPROVED AS TO CONTENT: Ea le Building & Develo Went I PPROVED AS TO FORM: CONTRACTOR By: r' TITLE• COMPLETE ADDRESS: ATTEST: RT. 7 Box 247-B. .,• Lubbock, TX 79401 Corporate Secretary -22 (THIS PAGE LEFT BLANK INTENTIONALLY) r GENERAL CONDITIONS OF THE AGREEMENT -23- (This page left blank intentionally) GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con- tract, it shall be understood as referring to the City of Lubbock, Texas. . 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: Eagle Building & Development Inc., who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to JOEL BEESINGER, ASSOCIATE ELECTRICAL ENGINEER, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of .the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, "^ designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory;" or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na- ture, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of.the meaning of the words, terms, or clauses defining the �-- character of the work. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no re- sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated -24- by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract docu- ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu- ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and ' shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE the Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract docu- ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract.docu- ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. on the basis of his on -site observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. -25- 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence- ment of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Con- tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre- sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa- tive at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within r. 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc- tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and'to see that said material is furnished and said work is done in accordance with the specifications therefore. The Con- tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. -26- 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Con- tractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate- rials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or men shall be discharged from the work and shall not again be employed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that owner shall fur- nish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. -27- 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am- ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre- sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa- tive to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the -- work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un- suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re- build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur- ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in- crease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In -28- case the Owner shall make such changes or alterations as shall make useless any work already done or mate- rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the owner or Owner's Representative to be done by the Contractor to accomplish any change, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa- tive when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com- menced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this para- graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat- ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com- pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre- sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in- sists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi- tration as herein below provided. -29- p.- 25. DISCREPANCIES AND OMISSIONS it is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any re- quest for clarification must be submitted no Later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci- fied, the Contractor shaLL, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipaL Laws and building and construction codes. ALL machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or reguLations. The Contractor, his sureties and insurance carriers shall defend, indem- nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sus- tained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, i.n the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcon- tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro- gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. -30- 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au- thorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have. Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non - owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten- tial loss) naming the City of Lubbock as insured. -31- E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of ($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen- sive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any sub- contractor on the job with Employers Liability of at least $100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named in- sured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) con- tained in the job specifications. No substitute of nor amendment thereto will be accept- able. 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS 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 indebtedness -32- shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten- tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm- less from any loss on account thereof. If the material or process specified or required by owner is an in- fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 31. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in- sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 32. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con- sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $5O.00 (FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the -33- breach of the contract as herein set forth for each and every calendar day that the Contractor Shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com- pletion of the work described herein is reasonable time for the completion of the same, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this .Local- ity. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica- bility and extreme difficulty in fixing.and ascertaining actual damages the Owner would in such event sus- tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. it is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contact, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at ... which the Contractor will start the several parts of the work and estimated dates of completion of the sev- eral parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex- tension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re- ceipt of a written request for an extension of time by the Contractor supported by all requested docu- mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in- cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge -34- shall be made by the Contractor for hindrance or delays from any cause during the progress of any part df the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals of- fered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be Liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 40. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de- fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con- tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. -35- 41. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica- tion for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par- tial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound ma- terials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per- centage due Contractor. 42. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 43. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be- fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this con- tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi- tions (if any) of this contract or required in the specifications made a part of this contract. 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the -36 date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de- fects with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole.or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 47•. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de- cision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar- biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. -37- The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar- biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ- ing and shall not be open to objection on account of the form of proceedings or award. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owners Representative, or if the Contractor fails to comply with the or- ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, --� equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup- plies as said owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been com-pleted by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been com- pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa- per having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. -38- In the event the statement of accounts shows that the cost to complete the work is less than that which' would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin- ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorpo- rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con- tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu- tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur- ther agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special con- ditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. -39- 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au- thority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob- serve Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. -40- (This page left blank intentionally) ra 0 CURRENT WAGE DETERMINATIONS -41- (This page left blank intentionally) Resolution #2502 • January 8, 1987 Agenda Item #18 DGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general 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. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: _ Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared 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 8th day.of January 1987• e. B.C. McMINN, MAYOR • TTE . Ranett -Boyd, City Secretary APPROVED TO ONTENT: APPROVED AS TO FORM: Bi 1 P yne, D rector of Building �DoldG. .Vandiver, First Services Assistant City Attorney r .J EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified Hourlv Rate $11.60 8.35 - 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler �- Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator. Roller Scraper Tractor Truck Driver - Light Heavy Hourlv Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80, 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 j EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is.1 1/2 times base rate. SPECIFICATIONS (This page left blank intentionally) n SPECIFICATIONS 1.0 GENERAL The following requirements shall apply to the construction of drives, alley approach, sidewalk and curbing at Lubbock Power and Light`s Chalker Substation, 74th & Utica Ave. Curbing shall be installed around the entire perimeter chain link fence with a minimum of six (6) inches wide and ten (10) inches high. A continuous sidewalk shall be installed from back of curb on Utica Ave. to substation fence line the entire length of property on Utica Ave., with the exception of two (2) driveways twenty (20) feet wide installed where indicated by attached drawing. An alley approach is to be installed at the Southeast corner of substation site, as shown in drawings, and in accordance to City of Lubbock standards and specifications. Surveying, staking and marking shall be provided by the City of Lubbock Engineering. 2.0 TECHNICAL REQUIREMENTS 2.1 SITE PREPARATION Site clearance shall include the removal, haul, and disposal of all obstruction, including trees, shrubs, concrete slabs and other obstructions not anticipated. Subgrade preparation shall include fill, excavation, disposal of excavated material, watering, rolling, compacting and finishing to the lines and grades as established by Engineering. 2.2 CONCRETE Cement shall conform to "Standard Specifications and Test for Portland Cement", A.S.T.M. Serial Designation C150, Type I and Type III, and shall be an approved brand. 2.3 AGGREGATE Concrete aggregate shall consist of natural, washed and screened sand, washed and screened gravel or clean crushed stone conforming to "Standard Specifications for Concrete Aggregate", A.S.T.M. C-33-39 and Item No. 360 of the Texas State Highway Specifications. 1 2.4 REINFORCING MATERIAL Wire mesh reinforcing shall be 6 x 6 - 10/10 WWM and conform to "Standard Specifications for Welded Steel Fabric for Concrete Reinforcement", A.S.T.M. Designation A-185. Reinforcing steel shall be #4 rebar and conform to A.S.T.M. Designation A-432 and deformed to A.S.T.M. 305 requirements. 2.5 JOINT MATERIAL Bituminous premolded expansion joint material shall conform to Item No. 420.2 (a) of the Texas State Highway Department Specifications. Joint sealing material shall be W.R. Meadows SOF-SEAL. 2.6 MISCELLANEOUS All forming, concrete mixing, and curing shall be in accordance Under "Special Conditions" per the City of Lubbock Engineering Standards. 3.0 CONSTRUCTION All curbing, sidewalk, driveways and alley approach are to be installed per Standard City of Lubbock Engineering Specifications. These specifications are indicated under the "Special Conditions" section of this bid proposal. The "Special Conditions" section shall provide all necessary information on the "Materials for Construction" and "Details of Construction 4.0 BIDDER REQUIREMENTS Bidders shall clearly and completely describe in writing the exceptions and/or additions they require to these specifications and return such a description as a part of their bid. The City of Lubbock reserves the right to accept or reject any alternatives, deviations or exceptions to these specifications. Any such change to these specifications must be in writing and accompany the returned bid. 2 SPECIAL CONDITIONS (This page left blank intentionally) MATERIALS OF CONSTRUCTION 1. GENERAL The following paragraphs give the specifications on the various materials which are to be used in this project. All materials are to be subject to commercial laboratory tests, if required, and such tests, unless otherwise specified, shall be paid for by the Owner. On minor items a certificate from the manufacturer may be required, certifying that the material or eauipment meets the specifications for such material as specified herein. All materials shall be subject to the approval of the Engineer before being used. 2. CONCRETE A. Cement Cement shall conform to "Standard Specifications and Test '"- for Portland Cement, "A.S.T.M." Serial Designation C150, Type I and Type III, and shall be an approved brand. B. Aggregate Description Concrete aggregates shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to "Standard Specification for Concrete Aggregate, "A.S.T.M. Serial Description C-33. and item No. 360 of the Texas State Highway Specifications. Coarse aggregate for Class"C" Concrete Street Paving shall be crushed limestone (Brownwood Type). The aggregate shall be well graded from coarse to fine and shall be free from injurious amount of clay, soft or flaky materials, loam or organic impurities. All aggregate shall be approved by the Engineer before use. Maximum size of aggregate shall be 1-1/2 inches. Aggregate for concrete construction proposed to be used in this project shall have a loss not to exceed 18% when subjected to 5 cycles of the Magnesium Sulfate soundness test A.S.T.M. Designation C-88. Stockpiles The location of all stockpiles of aggregate shall be approved by the Engineer prior to unloading as to zoning requirements, smoothness and compaction of the ground, and traffic conditions. Stockpiles of aggregate to be incorporated into the project shall be protected from dust 0 by drift fences of any suitable material approved by the Engineer, when sandstorm possibilities exist. Care will be taken to prevent dusty conditions in the stockpile area from any sources. C. Water Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts or other chemicals. D. Concrete Materials Test Pre -Construction Tests The contractor will submit test certificates from an approved commercial laboratory on all aggregates proposed for use on this work. Tests should be made approximately 20 days before beginning the concrete operation. The contractor will submit in advance of construction the design mix and the result of compression tests made by a commercial laboratory. These will be made on each type of concrete mix design proposed for use on this project. Tests shall be made on 6 cylinders for each mix, 3 tested in 3 or 7 days, 3 tested at 7 or 28 days. Additional tests shall be furnished if material source is changed or if concrete used varies from the original design. The Engineer shall approve the mix design after the pre - construction tests have been completed. Construction Tests Tests of the aggregates and the concrete will be made by the Engineer during construction to determine conformity with the specifications. Test cylinders will be made in accordance with the Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field (ASTM Designation C-31). The specimens shall be cured under standard moisture and temperature conditions in accordance with requirements of ASTM C-31. Strength tests shall be made, in general, for each day's run or for each 50 cubic yards of concrete if a day's run greatly exceeds this amount but these tests may be made entirely at the discretion of the Engineer. Strength tests on Class "C" Concrete shall be made for approximately each 30 cubic yards or every third truck on each day's run. The costs of all such testing will be borne by the City but the Contractor shall cooperate in securing and storing samples and shall furnish all materials required for sampling. A strength test shall consist of five standard test cylinders made from a composite sample obtained in accordance with the requirements of ASTM Designation C-172. Two of the cylinders shall be tested at 3 or 7 days and at 7 or 28 days. The fifth cylinder shall be held available for subsequent testing, if determined necessary by the Engineer. The test result shall be the average -of the two 7 or 28 day specimens, except that, if one specimen in the test shows manifest evidence of improper sampling, molding, or testing, it shall be discarded and the remaining two strengths averaged. Should more than one specimen representing a given test show definite defects, due to improper sampling, molding or testing, the entire test shall be discarded. The result of the 7 or 28 day strength tests shall be used as the basis for accepting or rejecting the concrete represented. The results of the 3 or 7 day strength tests will be compared with the 3 or 7 day strength of the preconstruction test cylinders for the type and slump of the concrete being produced. Should the 3 or 7 day strengths indicate a deficiency in the 7 or 28 day strengths, the Engineer may require a temporary change.in proportions to correct such deficiency. Such change shall remain in effect until the 7 or 28 day strength of the material in question is determined, at which time the change shall become permanent or shall be rescinded, depending upon the results of the 7 or 28 day test. The engineer shall record the delivery ticket number for the concrete and the exact location in the work at which each load represented by a strength test is deposited. E. Concrete Desictn Concrete conforming to these specifications may be "Ready Mix". but transporting vehicles shall be operated such as to insure delivery and placement in forms without loss or segregation of ingredients and within one hour of mixing time. Concrete.will be continuously mixed during transit. Mix Design _----All concrete for curb and gutter, valley gutters, fillets and alley stubs, alley slabs, drainage channels, inlet boxes, headwalls, and medians shall be Type I or Type III cement with 5% air entrainment (±1-1/2% tolerance). The concrete mix design shall be based on water -cement ratio, and shall be as follows for the different classes of concrete. Minimum Sacks Max. Gal. Max. Slump Class Cement Per C.Y. Water per ,sack in inches A 5 6.5 4 C 6 6 3 E 5.5 5.5 3 F 6 5.5 2 The concrete mix design for the different classes shall also be such that the compressive and flexural strength for each class shall not be less than the following: Minimum Average for Class anv test 7 day 3 day 7 day beam strenath 28 day A --- 2100 --- 3000 C --- 3000 600 3600 E 2500 3000 --- F 2900 3500 --- --- Any concrete failing to meet these strength requirements or air content shall be removed and replaced. Low Strength Concrete Any class of concrete incorporated in any part of the project which does not meet the strength requirements specified above, shall be considered low strength concrete. Low strength concrete shall be removed and replaced at the expense of the Contractor. The Engineer shall determine the exact limits of any low - strength concrete required to be removed and replaced under the provisions of this paragraph. The methods to be used in removing and replacing, such concrete shall be approved by the Engineer. F. Classification Unless otherwise shown on the plans: Class A concrete shall be used for curb and gutter, drainage channels, medians, inlet boxes, headwalls and sidewalks; Class C concrete shall be used for concrete paving and valley gutters constructed in thoroughfare and collector streets; Class E concrete shall be used for valley gutters on streets other than thoroughfares and collectors and for alley returns, alley paving and reinforced gutter sections; .� Class F concrete is used for railroad sections. G. Mixing All aggregates shall be accurately weighed or measured by volume. The concrete shall be mixed in an approved batch mixer equipped with an accurate water measuring tank, and -� shall be mixed for one and one-half minutes after all material is in the mixer. "Ready Mixed" or "Transit Mixed" concrete may be used. If used it shall conform to P, these specifications and the "Standard Specifications for Ready Mixed Concrete," A.S.T.M. Serial Designation C94-38 and Item No. 502 of the Texas State Highway Specifications. After mixing, the concrete shall be transported to the forms in a manner which will prevent separation or segregation of the aggregates and shall be placed without .. undue delay. It shall be deposited as nearly as practicable in its final position in order to avoid rehandling or flowing of the concrete. No water shall be added to the concrete to facilitate finishing. H. Cur4na Compounds •- Compounds used to form an air tight membrane over fresh concrete surface for curing purposes shall conform to Item 531, Texas State Highway Specifications and "A.S.T.M." Serial Designation C-309. 3. STEEL REINFORCING A. Wire Mesh Wire mesh reinforcing shall conform to "Standard Specifications for Welded Steel Fabric for Concrete Reinforcement" ASTM Designation A-185. Mesh reinforcement shall be of the size shown on the plans. All reinforcement shall be permanently marked with grade identification marks or shall, on delivery, be accompanied by a manufacturer's guarantee of grade and compliance with these specifications. Reinforcement stored on the site shall be protected from accumulations of grease, mud or other foreign matter and from rust producing conditions and shall be free from rust, scale, oil, mud or structural - defects when incorporated into alley slab, or valley gutters. B. Bar Reinforcing Reinforcing steel to be used on this project shall conform to A.S.T.M. Designation A-432 and shall be deformed to A.S.T.M. 305 requirements unless otherwise shown on the plans. 4. JOINT ?MATERIAL A. Expansion Joint Materials Bituminous premolded expansion joint material shall conform to Item No. 420.2 (a) of the Texas State Highway Department S-oecifications. . Expansion joints shall be placed as shown on the plans or as directed by the Engineer. B. Joint Sealing Material Joint sealing material shall be W.R. Meadows sof-seal. 5. FOPMS Forms for curb and gutter and alley paving may be of wood or metal, of a section satisfactory to the Engineer, straight, free of warp, and a depth equal to the depth of the concrete section formed. Forms shall be constructed accurately to the lins and grade as established in the field, shall be adequately braced so that they will not move during the placing of the concrete, and shall remain in place at least twelve (12) hours after placing concrete. Forms shall be oiled with a light oil before each use and forms which are to be re -used shall be cleaned immediately after each use and maintained in good condition. Curb forms shall be such that the face of the curb can be formed by use of a face form held in place by steel templates. Forms used for curb shall meet all of the above specifications, except that face forms on _ curb radii may be omitted if a true section and an accurate flow can be obtained by other methods approved by the Engineer. In no case will a concrete pour be started without the approval of the Engineer. No forms shall be placed until the subgrade is within inch (111) of its finished grade. Forms for alley slabs may be used as a guide for screeding. Where longitudinal construction joints are required, the form shall be so constructed as to provide a 1-1/8 inch "V" shaped -groove in the face. ._, 6. FLEXIBLE BASE (CALICHE) A. Description "Flexible Base (Caliche)" shall consist of a foundation course for surface course or for other base courses, it shall be composed of caliche and stone materials; and shall be constructed as herein specified in one or more courses in conformity with the typical sections shown on plans and to the lines and grades as established by the Engineer. B. Material The material for the base course shall consist of .« argillaceous limestone, calcareous or calcareous clay particles, with or without stone, conglomerate, gravel, sand or other granular materials. The material source shall be approved by the Engineer. All the acceptable material shall be screened, and the oversize shall be crushed and returned to the screened material again in such manner that a uniform product will be produced. Samples -- for testing the material shall be taken prior to the compaction operations. C. Gradation The material will conform to the following gradation requirements ( percent retained on sieves): I — its 7/8.1 �f4 #40 0 8-30 30-50 50-70 70-90 12. BARRICADES AND SIGNS Barricades shall be constructed of clean, sound lumber, shall be of first-class workmanship, and all surfaces above ground shall be painted with an approved brand of white.paint to secure thorough coverage and a uniform white color. In no case shall less than two coats be used. The paint for barricade stripes shall be reflective orange and reflective white. All di-Mension striping, lighting, painting, coloring and placement of barricades shall be in accordance to the details and design as set forth in the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES for Street and Highways, Part VI, issued in May, 1933. _ The Contractor shall maintain each barricade in a neat acceptable condition and furnish replacements when necessary or requested by the Engineer. Each sign shall be displayed only for the specific purpose prescribed for it. Before any detour or temporary route is open to traffic all necessary Regulatory, Warning and Guide signs shall be in place. Signs required by temporary conditions or restrictions shall be removed immediately when those conditions cease to exist or the restrictions are withdrawn. Guide signs directing traffic to and on temporary routes or detours shall be removed when.no longer applicable. TM=crtant'is standardization with respect to design and placement, and uniformity of application is equally important. Identical conditions should always be marked with the same type of sign, irrespective of where those particular. conditions occur. All signs that are to convey their message during hours of darkness shall be reflectorized or illuminated. Signs for daytime use only may be non-reflectorized but a flourescent background material will be used for increased daytime visibility if requested by the Engineer. where there is serious interference from extraneous light sources, and a reflectorized sign is not likely to be effective, an illuminated sign will be used. Construction warning signs shall have a black legend on an orange background and shall conform to the standards as to size, shape and color as outlined in the Texas Manual on TRAFFIC CONTROL DEVICES mentioned above. Barricades, flares, and signs are a necessity in the construction involved in this contract. The provision of these items by the Contractor should be considered in the bid prices submitted, as no separate compensation will be made, unless indicated otherwise in the plans or the proposal. No work will be permitted on any project prior to installation of barricades or other warning devices at the beginning and r- end of the construction area. r- (This page left blank intentionally) Details of Construction 1. Concrete A. Curb and Gutter (Class A -Concrete)_ Descrintion This item shall consist of Portland Cement 30" concrete curb and gutter or 30" separate gutter as shown on the plans or as directed by the engineer, and shall be constructed of Class A concrete. Included in the curb and gutter item is the subgrade preparation and the filling and shaping of the area behind the curb. (1) Curb Openings Separate gutter sections will be placed only across alleys and driveways presently in use or where definitely planned for future property improvements. It shall be the responsibility of the contractor to contact the property -- owner and determine the proper location of driveways before curb and gutter is constructed. All gutters across new or proposed driveways must meet the requirements set forth in the City Sidewalk and Driveway Regulations, Ordinance Number 1466 and amendments thereto and gutters across existing driveways will be required to conform to said regulations if no hardship to the existing property improvements is involved. In any event, all curb and gutter to be poured must have the engineer's approval as to driveway widths and location, in addition to the section, r. and line and grade approval before any pour is started on any curb and gutter unit. (2) Excavation and Subgrading (See Section V-2) Excavation for the curb and gutter shall be made with the excavation of the entire street. The excavation shall be done to the lines and grades set by the engineer and in such a manner as to require a maximum 1/2" (inch) of fill to bring the subgrade to the correct elevation. Subgrade that is undercut 1" (one inch) or more shall be brought to the correct elevation by scarifying, wetting, disking, blading, rolling and compacting to 95% Standard Proctor Density (A.S.T.M. D-698) with pneumatic rolling to correct elevation prior to setting forms. Before completion of curb and gutter, all traffic signs and street name markers found in the way of paving will immediately be relocated behind the proposed curb and gutter by the Contractor. M (3) Setting Forms Forms for concrete and gutter shall be set to the lines and grades established by the engineer after the subgrade has been prepared. The forms shall be held together and in place in such a manner that they will not move during the placing and working of the concrete. The forms shall be 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 no more than forty (40) feet between the intersections. Forty feet intervals may be waived if curb and gutter machine is used. Expansion joints shall be of the material hereinbefore specified. Construction joints formed by removable metal plates (templates) accurately shaped to the cross-section of the curb and gutter shall be located at the mid=point of each section between expansion joints or as directed by the engineer. Contraction joints shall be placed at ten foot intervals. All joints shall be* perpendicular to the surface of the concrete and to the axis of the section. (5) Finishing A ten (10.) foot metal "straight -edge" shall be used to strike the flow line to grade, continuously along the flow line of the Gutter_ four (4) foot spirit level to assure the continuous grade down the flow -line the length of the gutter. Curb and gutter shall be finished uniformly by wood trowelling to an accurate cross-section. Extra water will. not be added for finishing. The final finish will be accomplished with a brush, the last stroke being one from the back of curb to the lip of gutter. Both sides of all joints, the lip of gutter, and,the back edge of the curb �- shall be finished with a 1/4" radius edging tool before the final brushing. Curves at the top and bottom of the section shall present a uniform appearance without "waves" in the face of the curb or "pockets" in the gutter. Concrete shall not be poured during sand storms. Concrete shall be protected to maintain temperature of not less than �^ 50 degrees F. for five days after placement. If aggregate and water are heated, they shall not be heated above 90 degrees F. Concrete shall not be placed when the ambient temperature is less than 40 degrees F. It shall be the responsibility of the Contractor to anticipate as nearly as possible changes in weather conditions which would affect the placement and protection of the concrete, and be prepared to protect freshly placed concrete when sudden changes in the weather make such protection necessary. (6) Removing Forms Special care is required of the Contractor in his removing of pins and of forms. Pins shall be pulled from the ground to free forms. If hammering is found to be necessary, a Tight, one (1) pound hammer shall be used. The contractor shall not place forms or pins on newly finished concrete. Loading and unloading of forms from a truck shall be executed by two workmen. It is the duty of the Contractor to remove any warped forms found in any section of forms, before it is poured. When forms are pointed out as defective, those forms shall then be removed from the job site and not returned until they have been inspected by the Engineer. (7) Machine Laid Curb and Gutter Class A concrete shall be used for machine laid curb and gutter. The slump of the concrete shall be as directed by the Engineer. Reinforcing steel, if required, shall conform to Section 3 under Materials of Construction. The curb and gutter shall be laid by an extrusion machine ._..__._..approved by the Engineer. Immediately prior to placing the curb and gutter, the previously approved foundation shall be thoroughly cleaned. The line for top of curb shall be maintained from a guideline set by the Contractor from survey marks established by the Engineer. Curb outline shall strictly conform to the details shown on the plans. The approved mix shall be fed into the machine in such a manner and at such consistency that the finished curb`will present a well compacted mass with a surface free from voids and honeycombs and true to established shape, line, and grade. Additional surface finishing shall be performed immediately after extrusion. Extra water will not be added for finishing. Unless otherwise specified by the Engineer, joints shall be constructed as follows: Expansion joints shall be located at each end radius at intersections and alley returns and at the beginning of the pour, and dummy grooved joints shall be spaced at 10 foot intervals between the expansion joints. (8) Curing All concrete work shall be covered with heavy water -proof type paper to prevent loss of moisture and to prevent direct sunlight from striking the concrete, as soon as it has set sufficiently enough to prevent marking. In lieu of this method of curing, the curb and gutter may be cured by applying a liquid membrane coating to all exposed surfaces, provided such material and method is first approved by the Engineer. (9) Filling Behind Curb After the forms are removed and the concrete has cured, the contractor shall fill the area behind the curb with top soil. The area between the sidewalk and the curb or property line and curb, if no sidewalk exists, shall be leveled and sloped toward the curb in a manner satisfactory to the property owner and/or Engineer. Fill should be done prior to dumping caliche. (10) Replacement of Damaged Curb and Gutter or Gutter No patching of any nature shall be allowed in repairing any damage to curb and gutter which occurs during the construction process of paving improvements in any unit (1) Subgrade Preparation (See Section V-2) (2) Reinforcing Steel - See Section 3 under Materials of Construction. (3) Placing Care shall be taken to hold the steel in the center of the slab, high chairs or precast concrete blocks shall be located at three (3) foot centers. Lapping distance shall be 40 diameters, and the lap shall be tied at three points with wire if steel bars are used. D. Reinforced Alley Pavinc; Slab and Alley Returns (Class E Concrete) Descrintion This item shall consist of reinforced concrete paving of •-� variable thickness (5" to 7-1/211) constructed in the center 10 feet of alleys and shall be constructed of Class E concrete. All alley paving and alley returns shall be constructed in accordance to the Alley Paving Details. (1) Forming Forms for alley slab shall be placed where necessary to form the outside edge of slab (where slab is not bordered by concrete curb and gutter or other permanent improvements such as building, docks, etc.)and where necessary to form construction and expansion joints (See "Alley Paving Details" on plans). on all edges, joints, etc. to be formed, the forms shall extend the entire depth of concrete. (2) Subgrade Pretparation (See Section V-2) (3) Reinforcing ,... Care shall be taken to securely hold the welded wire mesh 3" above the bottom of the slab by use of high chairs or pre -cast concrete blocks. Concrete shall not be poured during sandstorms. Concrete shall be protected to maintain temperature of not less than 50 degrees F. for five (5) days after placement. If aggregate and water are heated, they shall not be heated above 90 degrees F. Concrete shall not placed when the ambient temperature is less than 40 degrees F. It shall be the responsibility of the Contractor to anticipate as nearly as possible changes in weather conditions which prior to the acceptance of said unit. Where darnage occurs, the section of curb and gutter or gutter containing the damaged portion shall be removed to the nearest joints and shall be replaced with new construction, prior to surfacing of that section of street. Concrete surface finish marred by vandals, rain or sand during setting time shall be immediately repaired with an approved epoxy material; all abused concrete surface, along with structural damage and defective flow line found at time of surfacing shall be handled as described in sentence 2 above. B. Rei�nfgroe�_CQnonetg_24"_Sggaratz_Guttor_<cla`S_3�lonsg�+A) Dea&.rietign This item shall consist of Portland cement 24" separate gutter constructed in accordance with the typical curb and gutter sections included in these soecifications and at locations as shown on the plans or as directed !�y the Engineer. ( 1 ) Subgrade_Prpoarat ion_!Sei_�e.t (2) Reinroreing_Stee1 _-_Sae__Sysct _on 3_!ylnde_ri1atgr_131n_4f Construction (3) Placing Care shall be taken to tie the (3) three hori=ontal # 3 bars to the (3) three vertical # 3 bar pins at a point 3" above the bottom. C. Reinforced_Concrete_Vallgv__Guttgra_(Cla�=_Q_3n�_Cla��_E Q4nens�g) Qaaoniation This item shall be constructed of class C concrete for thoroughfare or collector street valley gutters and Class E concrete for residential street valley cutters and consists of the construction of an eight (3) inch concrete slab on' thoroughfare or collector streets or a (6) inch concr?te slab on residential streets reinforcer) with tI—dumber 3 hars on one and one—half (1-1/2) foot sparing for 5 foot widN valley gutters.(Cross bars shall be #3 harp 4 1/2 feet long) or tjith 6"x6" 5 gau-le hire mesh. Fillet arpa, shall be reinforced as shown on th- olans and constructed to +.hF lines and grade, as shown on the plan, and as by the Engineer. netails of construction are the same as curb and getter ljhc�re they car, I-o a<^--•' '' could effect the placement and protection of the concrete, and to be prepared to protect freshly placed concrete when .sudden changes in the weather make such protection necessary... (4) Finishin Concrete shall be deposited so as to conform roughly.to the ,- finished cross-section. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. Extra water will not be added for finishing. The shape and flow line of the alley paving slab may be established by the use of two (211) inch by four (411) inch wood screeds, or other approved removable devices,.. accurately staked to line and grade. If such devices are used they shall be in place before the final finishing of the subgrade and the subgrade shall be finished so that the concrete slab will be of the proper depth. The concrete shall be "struck off" to the true section and finished smooth by floating and troweling. The final finish shall be provided by brushing to provide a nonskid surface for traffic. Particular care shall be taken in the final troweling and finishing so that the finished slab .presents a smooth straight surface without waves in the edge and. without pockets in the flow line. (5) Curing and Protection All concrete work shall be covered with burlap or other suitable material as soon as it has set sufficiently to prevent marking and kept wet continuously for at least (4) days. Care shall be taken to prevent mechanical injury to concrete work during this period and until the work is accepted. Any work damaged prior to acceptance shall be repaired by the Contractor at his own expense and to the satisfaction of the City.Engineer. The City Sanitation Department shall be notified of all alley return and alley paving construction and if possible, the length of time said return and/or alley shall be closed to traffic. The Contractor shall properly flare and barricade alley returns and alleys during the period of construction and as long afterward as the Engineer may require for curing and achieving strength. Before opening alley returns to traffic, the contractor shall properly fill and level by hand, (no maintainer shall be used until full strength of concrete is achieved), the adjacent approaches from the street and alley. In all cases, no h - alley or alley return shall be opened to traffic without the approval of the City Engineer. (2) Reinforcing Steel Bars to be Used) Reinforcing steel to be used to A.S.T.M. Designation A-432 A.S.T.M. A-305 requirements. (3) Placing on this project shall conform and shall be deformed to Care shall be taken to hold the (1/211) bars above the bottom of the foundation slab and above the railroad ties as shown on the plans. In the top slab the vertical and horizontal bars shall be securely tied with wire. G. Reinforcing Concrete Drainage Slabs (Class A Concrete) This item shall consist of a concrete slab (511) thick and containing wire mesh reinforcing which shall conform to "Standard Specification for Welded Steel Wire Fabric For Concrete Reinforcement" ASTM Designation A-185. A transverse dummy groove contraction joint, as described in illustration 2-A-101, will be required every (13) feet. (1) Subgrade Prenaration (See Section V-2) H. Concrete Pavement - Class C concrete Description This item shall consist of a pavement of Portland cement concrete, with reinforcement as shown on plans, constructed as herein specified on the prepared subgrade and one inch of sand cushion or other base course in conformity with the thickness and typical cross sections shown on plans and to the lines and grades established by the Engineer. Concrete shall be considered of satisfactory quality provided it is made (a) of materials accepted for the job, (b) in the proportions established by the Engineer and (c) Mixed, placed, finished and cured in accordance with the requirements herein specified. Materials (1) Cement The cement shall be Type I or Type III approved brand of Portland cement. If the use of high early strength cement is not specified, and the Contractor desires to use it, he shall obtain written permission of the Engineer and shall " `----- -..__ -assume all additional costs incurred by the use of such cement. Type I and Type III cement shall conform to the V.- requirements of ASTM Designation: C150. When Type III cement is used, the average strength at the age of 7 days shall be higher than that attained at 3 days. Either the tensile or the compression tests may used for either type cement. In addition to the requirements of ASTM Designation C150, the specific surface area of Type I cement shall not exceed 2,000 square centimeters per gram as measured by the Wagner Turbidmeter in accordance.with Test Method Tex-310-D. (2) Admixtures Unless otherwise provided in the plans or special provisions, approved types of admixtures to minimize segregation, to improve workability, or to reduce the amount of mixing water may be used in the rate of dosage specified by the Engineer. Admixtures shall not be used to replace cement. Admixtures shall comply with all the requirements and be measured and dispensed in accordance with T.H.D. Item 437, "Concrete Admixtures". (3) Coarse Aggregate. Coarse aggregate shall consist of durable particles of crushed limestone (Brownwood Type) of reasonably uniform quality throughout, free from injurious amounts of salt, alkali, vegetable matter or other objectionable material, either free or as an adherent coating on the aggregate. It shall not contain more than 0.25 percent by weight of clay lumps, nor more than 1.0 percent by weight of shale nor more than 5.0 percent by weight of laminated and./or friable particles when tested in accordance with Test Method Tex- 413-A. Coarse aggregate shall have a wear of not more than 45 percent when tested according to Test Method Tex-410-A and when tested by standard laboratory methods shall meet the following grading requirements: Retained on 1-3/4" sieve ......... ............. 0% Retained on 1-1/2" sieve................0 to 5 Retained on 3/4" sieve.................30 to 65% Retained on 3/8" sieve... ............70 to 9016 Retained on No. 4 sieve...............95 to 100% Loss by Decantation Test Method Tex-406-A ...1.0% Maximum All aggregate shall be handled and stored in such a manner as to prevent size segregation and contamination by foreign substances. When segregation is apparent, the aggregate shall be remixed. At the time of its use, the aggregate shall be free from frozen material. Aggregate.that contains more than 0.5 percent free moisture by weight shall be stockpiled for at least 24 hours prior to use. Adequate storage facilities shall be provided for all approved materials. The intermixing of nonapproved materials with approved materials either in stockpiles or in bins will riot be permitted. Aggregates from different sources shall be stored in different stockpiles unless otherwise approved by the Engineer. Aggregates shall be stockpiled in such a manner to prevent segregation, and maintained as nearly as possible in a uniform condition of moisture. Each aggregate stockpile shall be reworked with suitable equipment as required by the Engineer to remix the material to provide uniformity of the stockpile.' (4) Fine Aggregate. Fine aggregate shall consist of sand or a combination of sands, and shall be composed of clean, hard, durable,uncoated grains. Unless otherwise shown on plans, the acid insoluble residue of the fine aggregate shall be not less than 28 percent by weight when tested in accordance with Test Method Tex-612-J. (5) Fine Aggregate Exclusive of Mineral Filler Fine aggregate shall be free from injurious amounts of salt, alkali or vegetable matter. It shall not contain more than 0.5 percent by weight of clay lumps. When subjected to the color test for organic impurities, Test Method Tex-408- A, the fine aggregate shall not show a color darker than the standard. Unless specified otherwise, fine aggregate shall meet the following grading requirements: Retained on 3/8" sieve.....................0% Retained on No.4 sieve................0 to 5% Retained on No. 8 sieve..............0 to 20% Retained on No. 16 sieve ............ 15 to 30% Retained on No. 30 sieve ............ 35 to 75% Retained on No. 50 sieve ............ 70 to 90% Retained on No. 100 sieve .......... 90 to 100% Retained on No. 200 sieve .......... 97 to 100% Fine aggregate will be subjected to the Sand Equivalent Test (Test Method Tex-203-F). The sand equivalent value shall not be less than 80, or less than the value shown on the plans, whichever is greater. (6) Mineral Filler Mineral filler shall consist of clean stone dust, crushed sand, crushed shell or other approved inert material. When tested in accordance with Test Method Tex-401-A, it shall meet the following requirements: Retained on No. 30 sieve........................0% Retained on No. 200 sieve.................0 to 35% At the time of its use the mineral filler shall be free from frozen material, and aggregate containing foreign ' material will be rejected. ( 7 ) Miring_ Water Water for use in concrete and for curing shall be free from oil acids, organic matter or other deleterious substances and shall not contain more than 1,000 parts per million of chlorides as CL. nor more than 1,000 parts per million of sulfates as SO4. Water from municipal supplies approved by the State Health Department will not require testing, but water from other sources will be sampled and tested before use. Test procedure shall be in accordance with AASHO Designation: T 26. (8) Steel Dowel Bars Steel bar dowels, if used in accordance with provisions of project plans, shall be of the size and type indicated on Plans and shall be open-hearth, basic oxygen or electric- Purnace steel conforming to the mechanical properties specified for grade 60 in ASTM Designation:A 615 end of dowel bars shall be smooth and free of shearing purrs. {9i Steel Reinforcement Unless otherwise shown on the plans, steel reinforcing bars as required including the tie bars shall be open-hearth, basic oxygen or electric -furnace new billet steel of Grade 50 or Grade 40 for concrete reinforcement. Bars that require bending shall be Grade 40 conforming to requirements of ASTM Designation: High yield reinforcing steel shall be either (1) open- hearth, basic oxygen or electric -furnace new billet steel conforming to the requirements of ASTM 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). Where 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 oxygen processes. The prefabricated wire mats shall conform to the requirements of ASTM Designation: A 497. Fats that have been bent or wires dislocated or parted luring shipping or project handling shall be realigned to ',iithin one-half inch of the original horizontal plane of the mat. Mats with any portion of the wires out of vertical alignment more than one-half inch after realignment and/or wires dislocated or mutilated so that, in the opinion of the Engineer, they do not represent the original mat, shall be rejected. The mats may be clamped or wired so that the mats will retain the horizontal and vertical alignment as specified by the plans or as approved by the Engineer. beformed wire may be used for tie bars and load transfer bars that require bending. V�hen fabricated steel bar or rod mats are specified, the +hats shall meet the requirements of ASTM Designation: A 184. (101 Mechanical vibratory Equipment All concrete placed for pavement shall be consolidated by approved mechanical vibrators designed to vibrate the concrete internally. The internal type will be used for full -depth placement. Vibratory members shall ex -:and across the pavement practically to, but shall noz come :n contact with the side forms. Mechanically operwued vibra_ors shall be operated in such a manner as to not-nterfere with the transverse or longitudinal joints. Separate vibratory units shall be operated at sLffficiently close intervals to provide uniform vibration and - consolidation to the.entire width of th e paveme:-=. The frequency in air of the internal spud type vibra_ory units shall be not less than 8,000 cycles per minute and not less than 5,000 cycles per minute for tube types and ::he method of operation shall be as directed by the Engineer. The Contractor shall have a satisfactory tachometer available for checking the vibratory elements. The pavement vibrators shall not be used to level or spread the concrete but shall be used only for purposes of consolidation. The vibrators will not be operated where the surface of the concrete, as spread, is below the elevation of the finished surface of the pavement, except -or the first lift of concrete where the double strike cff method of placement is employed, and the vibrators shall not be operated for more than 15 seconds while the mac4ne upon which they are installed is standing still. Approved hand manipulated mechanical vibrators shall be furnished in the number required for provision c= proper consolidation of the concrete along forms, at jc-nts and in areas not covered by mechanically controlled vibrators. These vibrators shall be sufficiently rigid to insure control of the operation position of the vibrating head. Complete and satisfactory consolidation of the concrete pavement is a most important requirement of this specification. Cores taken shall be carefully examined for voids, honeycombing or other evidence of incomplete consolidation. If such evidence is present, charges in -the consolidation procedures and/or equipment will be made to insure satisfactory consolidation. (11) Finishing Machine- Finishing. All concrete pa-lf•ment shall be finished mechanically with approved power-dri'len machines, except as herein provided. Hand -finishing will be permitted on the transition from a crowned section to a superelevated section without crown or curves, and on straight line superelevation sections less than 300 feet in length. Hand - finishing will also be permitted on that portion of a widened pavement outside the nor^al pavement width, on sections where the pavement width is not uniform, or required monolithic widths are greater than that of available finishing machines. Machine -finishing of pavement shall include the use of power -driven spreaders, power -driven vibrators, power - driven transverse strike -off, and screed, or such alternate equipment as may be substituted.and approved by.the Engineer. All concrete shall be consolidated by a mechanical vibrator. As soon as the concrete has been spread between the forms, the approved mechanical vibrator shall be operated to consolidate the concrete and remove all voids. Hand -manipulated vibrators shall be used for areas.not covered by the mechanical vibratory unit. The transverse finishing machine shall first be operated to compact and finish the pavement to the required section and grade, without surface voids. The machine shall be operated over each area as many times and at such intervals as directed. At least two trips will be required and the last trip over a given area shall be a continuous run of not less than 40 feet. After completion of finishing with the transverse finishing machine a transverse drag float may be used. The consistency of the concrete as placed should allow the completion of all finishing operations without the addition of water to the surface. When field conditions are such that additional moisture is needed for the final concrete surface finishing operation, the required water shall be applied to the surface by fog spray only and shall be held to a minimum. After finishing is complete and the concrete still workable, the surface shall be tested for trueness with an approved 10-foot steel straightedge. The straightedge shall be operated from the side of the pavement, placed parallel to the pavement centerline and passed across the slab to reveal any high spots or depression. The straightedge shall be advanced along the pavement in successive stages of not more than one-half its length. Practically perfect contact of the straightedge with the surface will be required, and the pavement shall be leveled to this condition, in order to insure conformity with the surface test required below, after the pavement has fully hardened. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal ---- float over the area. The surface test with the straightedge shall then be repeated. For one -lane pavement placement and uniform widening, the equipment for machine -finishing of concrete pavement shall be as directed by the Engineer but shall not exceed the requirements of these specifications. After completion of the straightedge operation, as soon as construction operations permit, texture shall be applied with 1/8-inch wide metal tines with clear spacing between the tines being not less than 1/4 inch nor more than 1/2 �^ inch. If approved by the Engineer, other equipment and methods may be used, provided that a surface texture meeting the specified requirements is obtained. The texture shall be applied transversely. It is the intent that the average texture depth resulting from the number of tests directed by the Engineer be not less than 0.060 inch with a minimum texture depth of 0.050 inch for any one test when tested in accordance with Test Method Tex-436-A. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. (12) Proportioning of Concrete Concrete shall be composed of Portland cement, fine aggregate, coarse aggregate, mineral filler and/or admixture if used and water, mixed in proportions as approved by the Engineer in the mix design as submitted by a commercial laboratory and in the manner set forth in this specification. On the basis of job and laboratory investigations of the proposed materials, the Engineer will fix the proportions by weight of water, coarse aggregate, fine aggregate, cement, admixture and mineral filler where required, in order to produce concrete of the specified strength and workability. (13) Concrete Strength The concrete mix will be designed with the intention of producing a minimum average flexural strength (Modulus of rupture) of 600 pounds per square inch and compressive strength of 3000 psi at 7 days and/or a 28 day compressive strength of 3,600 pounds per square inch. The coarse aggregate factor (dry, loose volume of coarse aggregate per unit volume of concrete) shall not exceed 0.85. Unless �-- otherwise shown on plans the concrete shall contain not less than six sacks of cement per cubic yard of concrete. The water -cement ratio (net gallons of water per sack of 94 pound cement) shall not exceed 6.0 gallon/sack. Concrete specimens shall be prepared, cured and tested as outlined in THD Bulletin C-11. strength will be selected by the Engineer. The Contractor may at any time present in writing a suggested mix design and the Engineer will make the tests necessary to determine its acceptability under these specification requirements. For mixing the concrete to be used in making the preliminary test specimens, the Contractor shall furnish and operate the mixer approved for use on this project. A minimum one cubic yard batch shall be mixed or a batch of sufficient size to afford proper mixing, whichever is the greater. In lieu of the above mixer and procedure, the Contractor may furnish a portable mixer of sufficient rated capacity to mix a minimum three -sack batch; in which case, the batch mixed for the preliminary test shall not be less than the rated capacity of the mixer furnished. No additional compensation will be allowed for equipment, materials or labor involved in making preliminary test specimens. After the mix proportions and water -cement ratio required to produce concrete of the specified strength have been determined, placing of the concrete may be started. Type I cement shall have a specified surface area within a range of 1,600 to 1,900 square centimeters per gram. A change in the specific surface of the cement of more than 100 square centimeters per gram may require a new mix design. (16) Subarade and Forms Preparation of subgrade. Rolling and sprinkling shall be performed when and to the extent directed, and the roadbed shall be completed to or above the plane of the typical sections shown on the plans. and the lines and grades established by the Engineer. Drainage of the roadbed shall be maintained at all times. Sealed or treated-subgrade cut in the preparation of the subgrade or setting of pavement forms shall be resealed or the subgrade restored to the original conditions as directed by the Engineer. See Section V-2. The subgrade shall be maintained in a smooth, compacted condition in conformity with the required section and established grade until the pavement is placed and shall be kept thoroughly wetted down sufficiently in advance of placing any pavement to insure its being in a firm and moist condition for at least 2 inches below the prepared (14) Workability of Concrete Concrete shall be uniformly plastic, cohesive and workable. Workable concrete is defined as concrete which can be placed without honeycomb and without voids in the surface. -- of the pavement. Workability shall be obtained without producing a condition such that free water appears on the surface of the slab when being finished as specified. Where water appears on the surface of the concrete after finishing and this condition cannot be corrected by reasonable adjustment in the batch design, the bleeding will be immediately corrected by one of the following measures or a combination of two or more of the following listed measures: (a) Redesign of the batch (b) Addition of mineral filler to fine aggregate r^' (c) Increase of cement content In the event that the measures taken do not eliminate the bleeding immediately, concrete placement operations will be suspended, as directed by the Engineer, and will remain suspended, until such time as additional trial mixes demonstrate that a non -bleeding batch design has been achieved. Failing to achieve a satisfactory laboratory batch design the Contractor will be required to use different materials and to submit samples thereof for additional trial mixes and pilot beams as specified in THD Bulletin C-11. The mix will be designed with the intention of producing concrete which will have a slump of 1-1/2 inches when tested in accordance with THD Bulletin C-11. The slump shall not be less than 1 inch nor more than 3 inches. (15) Mix Design �., Prior to the beginning of the concrete placement, and thereafter before any change in source or characteristics of any of the ingredients except mineral filler, sufficient compression tests using various quantities of cement and - aggregates proposed for use shall be supplied the Engineer for consideration. Mixes will be designed and made in sufficient number to represent a wide range of water -cement ratios. These mixes shall comply with the requirements herein prescribed for From these preliminary tests the water -cement ratio required to produce concrete of the specified surface. Sufficient subgrade shall always be prepared in advance to insure satisfactory prosecution of the work. No equipment or hauling shall be permitted on the prepared subgrade, except by special permission of the Engineer, which will be granted only in exceptional cases and only where suitable protection in the form of two-ply timber mats or other approved material is provided. (17) Placing and Removing Forms The subgrade under the forms shall be firm and cut true to grade so that each form section when placed will be firmly in contact for its whole length and base width, and exactly at the established grade. Forms shall be staked with at least three pins for each 10-foot section. A pin shall be placed at each side of every joint. Form sections shall be tightly joined and keyed to prevent relative displacement. Forms shall be cleaned and oiled each time they are used. Forms shall be set for a sufficient distance in advance of the point where concrete is being placed to permit a finished and approved subgrade length of not less than 300 feet ahead of the mixing. Conformity of the grade and alignment of forms shall be checked immediately prior to placing concrete, and all necessary corrections made by the Contractor. Where any forms have been disturbed or any subgrade becomes unstable, the forms shall be reset and rechecked. In exceptional cases, the Engineer may require stakes driven to the grade of the bottom of the forms. Sufficient stability of the forms to support the equipment operated thereon and to withstand its vibration without springing or settlement shall be required. If forms settle and/or deflect over 1/8 inch under finishing operations, paving operations shall be stopped and the forms shall be reset to line and grade. Forms shall remain in place for not less than 12 hours after the concrete has been placed. They shall be carefully removed in such a manner that little or no damage will be done to the edge of the pavement. Any damage resulting from this operation shall be immediately repaired. After the forms have been removed, the ends of all joints shall be cleaned, and any honeycombed areas pointed up with approved mortar. Immediately after pointing is completed, the form trench, if used, shall be filled with earth from the shoulders in such a manner as to shed water from rainfall or curing away from the edge of the pavement. On completion of the required curing, the subgrade or shoulders adjacent to the pavement shall be graded in a condition to maintain `� drainage. Allowable grade revisions shall in no way affect the governing finishing and surface requirements of the completed pavement. All grade revisions shall be established by the Engineer. No additional payment over the contract unit price will be made for any pavement of a thickness exceeding that required on the plans as.a result of adjustment.of the forms. I. Concrete Mixing and Placing �. (1) Mixing The aggregates, mineral filler if required, cement.and water shall be measured separately, introduced into the mixer, and mixed for a period of not less than 50 seconds nor more than 90 seconds, measured from the time the last aggregate enters the drum to the time discharge of the concrete begins. The required water shall be introduced into the mixing drum during the first 15 seconds of mixing. The entire contents of the drum shall be discharged before any materials of the succeeding batch are introduced. The Engineer may increase the minimum mixing time to that necessary to produce thoroughly mixed concrete based on inspection or appropriate uniformity tests. The mixing time may be varied at any time necessary to produce acceptable .., concrete. If Ready -Mix concrete is used, the concrete shall be discharged into the specified hauling equipment and "^. delivered to the road site. If truck agitators are used, the concrete shall be continuously agitated at not less than one nor more than six rpm as directed by the Engineer. The initial batch of concrete mixed after each time the mixer is washed out shall be enriched by additional mortar. The additional mortar shall be one sack of cement and three parts of sand. (2) Placing Any concrete not placed as herein prescribed within 30 minutes after mixing shall be rejected and disposed of as -� directed except as provided otherwise herein. Except by specific written authorization of the Engineer, concrete shall not be placed when the temperature is below 40F, the temperature being taken in the shade and away from r artificial heat. When such permission is granted, the Contractor shall furnish an approved enclosure, such as canvas -covered framework, to enclose and protect all pavement so placed, and shall maintain the temperature of the air surrounding the concrete at not less than 50 F for not less than 5 days. When concrete is being placed in cold weather, other than under the conditions stated above, the Contractor shall have available a sufficient supply of an approved covering material to immediately protect concrete if the air temperature falls to 32 F, or below, before concrete has been placed 4 hours. Such protection shall remain in place during the period the temperature continues below 32. F or for a period of not more than 5 days. Neither salt nor other chemical admixtures shall be added to the concrete to prevent freezing. The Contractor shall be responsible for the quality and strength of concrete under cold weather conditions and any concrete damage by freezing shall be removed and replaced at his expense. .Concrete shall not be placed before sunrise and shall not be placed later than will permit the finishing of the pavement during sufficient natural light. Concrete shall be placed only on approved subgrade or sub base, and unless otherwise indicated on plans, the full width of the pavement shall be constructed monolithically. The concrete shall be deposited on the subgrade or sub -base in such manner as to require as little rehandling as possible. Where hand spreading is necessary, concrete shall be distributed to the required depth by use of. shovels. The use of rakes will not be permitted. Workmen will not be permitted to walk in the concrete with any earth or foreign material on their boots or shoes. The placing of.concrete shall be rapid and continuous. Concrete shall be distributed to such depth that when consolidated and finished, the slab thickness required by plans will be obtained at all points and the surface shall not, at any point, be below the established grade. Special care shall be exercised in placing and spading concrete against forms and at all joints to prevent the forming of honeycombs and voids. If in the opinion of the Engineer, the temperature, wind and/or humidity conditions are such that the quality of the concrete will not be adversely affected, the specified placing time may be extended to a maximum of 45 minutes. (3) Reinforcing Steel All reinforcing steel, including steel wire fabric reinforcement, tie bars, and dowel bars shall be accurately, placed and secured in position in accordance with details shown on plans. Reinforcing bars shall be securely wired together at alternate intersections, following a pattern approved by the Engineer,.and at all splices, and shall be securely wired to each dowel intersected. When wire fabric is used, it shall be securely wired together at all splices and to each dowel intersected. Tie bars shall be installed in the required position by the method and device shown on plans or by approved method and device equivalent thereto. Tightly adhered scale or rust which resists removal by vigorous wire brushing need not be removed except that excessive loss of section to the reinforcement due to rust shall be cause for rejection. Excessive loss of section shall be defined as loss of section to the extent that tl:e •-� reinforcement will no longer meet the physical requirements for the size and grade of steel specified. Where plans require an assembly of parts at pavement joints, the assembly shall be completed, placed at required location and elevation, and all parts rigidly secured in required position by the method and devices shown on plans. Dowel bars shall be accurately installed in joint assemblies in accordance with plans, each parallel to the pavement surface and to the center line of the pavement, and shall be rigidly secured in required position by such means (as shown on plans) that will prevent their displacement during placing and finishing of the concrete. (4) Joints When the placing of concrete is stopped, a bulkhead of -- sufficient cross sectional area to prevent deflection, accurately notched to receive the load transmission devices or dowels if required, and shaped accurately to the cross section of the pavement shall be provided and installed as a back-up for the joint filler and rigidly secured in required position to permit accurate finishing of the concrete up to the joint. After concrete has been finished to the joint, formation of the joint seal space and finishing of the joint shall be executed. The back-up bulkhead shall remain in place until immediately prior to the time when concrete placing is resumed, when it shall be carefully removed in such manner that no element of the -- V-22 joint assembly will be disturbed. The exposed portion of the joint assembly shall be free of adherent concrete, dirt or other material at the time placing of concrete is resumed. If necessary for proper installation of joint sealer, excessive spalling of the joint groove shall be repaired to the satisfaction of the Engineer in the manner which he prescribes. Careful workmanship shall be exercised in the construction of all joints to insure that the concrete sections are completely separated by an open joint or by the joint materials and to insure that the joints will be true to the outline indicated. (5) Weakened Plane Joints Weakened plane joints shall consist of transverse contraction joints and longitudinal joints and shall be sawed as specified on the plans or as directed by the Engineer. When the joints are sawed, the saw shall be power driven, shall be manufactured especially for the purpose of sawing concrete, and shall be capable of performing the work. Saw blades shall be designed to make a clean smooth cut having a width and depth of cut as detailed on the plans. Tracks adequately anchored, chalk, string line or other approved methods shall be used to provide true alignment of the joints. The concrete saw shall be maintained in good operating condition and the Contractor shall keep a stand-by power saw on the project at all times when concrete operations are under way. If membrane curing is used, the portion of the seal which has been disturbed by sawing operations shall be restored by the Contractor by spraying the area with additional curing seal. (6) Contraction Joints Transverse contraction joints shall be formed or sawed joints perpendicular to the centerline and surface of the pavement. Where sawed joints are used, contraction joints at approximately 10 to 15-foot intervals shall.be sawed as soon as sawing can be accomplished without damage to the pavement and before 12 hours after the concrete has been placed, the exact time to be approved by the Engineer. The remaining contraction joints shall be sawed in a unifor:a ate — pattern as directed by the Engineer, and they shall be completed before uncontrolled cracking of the pavement takes place. All joints shall be completed before permitting traffic to use the pavement.. (7) Longitudinal Joints Longitudinal joints shall be sawed within two days after construction of the pavement. Sawing shall not cause damage to the pavement and the grooves shall be cut with a minimum of spalling. No traffic (including construction traffic) shall be permitted on the pavement until the longitudinal .- joint is cut.. (8) Joint Sealers After the joints in the hardened concrete have been repaired (if necessary) and cleaned to the satisfaction of the Engineer, the joints will be filled with the W.R. Meadows sof-seal. After the sealant is installed.it.will effectively seal the joints against water, dirt and stones throughout repeated cycles of expansion and contraction.. (9) Asnhalt Board Premolded materials, wherever used, shall be anchored to the concrete on one side of the joint by means of copper wire or nails not lighter than No. 12 B&S gage. Such anchorage shall be sufficient to overcome the tendency.of the material to fall out of the joint. (10) Spreading and Finishing All concrete pavement shall be consolidated by a mechanical vibrator. As soon as the concrete has been spread between the forms, the approved mechanical vibrator shall be operated to consolidate the concrete and remove all voids. Hand manipulated vibrators shall be used for areas not covered by the mechanical vibratory unit. After finishing is completed and the concrete still workable, the surface shall be tested for trueness with an approved 10-foot steel straightedge. The straightedge shall be operated from the side of the pavement, placed parallel to the pavement centering and passed across the slab to reveal any high spots or depressions. The straightedge shall be advanced along the pavement in successive stages of not more than one-half its length. Practically perfect contact of the straightedge with the surface will be required, and the pavement shall be leveled to this �- condition, in order to insure conformity with the surface test required after the pavement has fully hardened. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal float over the area. The surface test with the straightedge shall then be repeated. Extra water will not be added for finishing. After completion of the straightedge operation, the first pass of the burlap drag shall be made as soon as construction operations permit and before the water sheen has disappeared from the surface. This shall be followed by as many passes as required to produce the desired texture depth. There shall be no unnecessary delays between passes. The drag shall be wet during use and maintained clean and free from encrusted mortar. It is the intent that the average texture depth resulting from the number of tests directed by the Engineer be not less than 0.025 inches with a minimum texture depth of 0.020 inches for any one test. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. The Contractor shall have available at all times hand brooms with stiff bristles for the purpose of providing textures when the pavement surface is in such a condition that the burlap drag or other methods being employed will not provide the desired texture. After completion of dragging and about the time the concrete becomes hard; the edge of the slab and -joints shall be carefully finished as directed by the Engineer, and the pavement shall be left smooth and true to line.. (11) Protection of Pavement and Opening to Traffic The Contractor shall erect and maintain the barricades required by plans and such other standard and approved devices as will exclude public traffic and traffic of his employees and agents from the newly placed pavement for the periods of time and at locations hereinafter prescribed by the Engineer. Portions of the roadway, or crossings of the roadbed required to be maintained open for use by traffic, shall not be obstructed by the above required barricades. The pavement shall be closed to all traffic, including vehicles of the Contractor, until the concrete is at least 7 days old. This period of closure to all traffic may be extended if, in the opinion of the Engineer, weather or other conditions make it advisable to provide an extension - -of the time of protection. At the end of the 7 day period and as long thereafter as ordered by the Engineer, and if so desired by the Contractor, the pavement may be opened for use by vehicles of the Contractor provided the gross weight (vehicle plus load) of such vehicles does not exceed 14,000 pounds. Such opening, however shall in no manner relieve the Contractor from his responsibilities for the work. On those sections of the pavement thus opened to traffic, all joints shall first be sealed, the pavement cleaned and earth placed against the pavement edges before permitting vehicles thereon. After the concrete in any section is 14 days old, or as long thereafter as ordered by the Engineer, such section of pavement may be opened to all traffic as required by plans or when so directed by the Engineer. On those sections of the pavement thus opened to traffic, all joints shall first be sealed, the pavement cleaned, earth placed against the pavement edges and all other work performed as required for ,.. the safety of traffic. When High Early Strength Concrete, resulting from the use of Type III cement as required by plans or special provisions, is used, the pavement may be opened to all traffic after the concrete is 7 days old, or as long thereafter as ordered by the Engineer, subject to the same °^ provisions governing the opening after 14 days as above prescribed. ,. Where the Contractor desires to move any equipment not licensed for operating on public streets, on or across any pavement opened to traffic, he shall protect the pavement from all damage by means of two-ply timber mats of 2 inch stock or runways of heavier material laid on a layer of earth, all as approved by the Engineer. The Engineer may require the opening of pavement to traffic prior to the minimum time specified above under conditions of emergency which in his opinion require such action in the interest of the public. In no case shall the Engineer order opening of the pavement to traffic within less than 72 hours after the last concrete in the section is placed. The Contractor shall remove all obstructing materials, place earth against the pavement edges and perform other work involved in providing for the safety of traffic as required by the Engineer in ordering emergency opening. Orders for emergency opening of the pavement to traffic will be issued by the Engineer in writing. 2. Earth Work A. Subarade Preparation for curb and clutter, streets, paving (asphalt and concrete) allev returns alley pavir.a, valley gutters, and earth work. Description - Sub -grade preparation shall include the removal, haul and disposal of all obstructions, including existing curbs, gutters, paving materials, base materials, concrete slabs and other obstructions shown on the plans or as designated by the Engineer and all scarifying, pulverizing, wetting, disking, blading and rolling with compactors to a depth of at least 6" on residential streets and to a depth of 12" on major thoroughfares and collector streets. Compactors will be used from the bottom to the finished sub -grade elevation to compact the subgrade to 95% Standard Proctor Density (A.S.T.M. D-698) in conformity to the line, grade and sections as shown on the plans or as established by the Engineer. After the obstructions have been removed, or in conjunction with such removal, the street bed and/or alley return foundation and/or sidewalk foundation shall be excavated and shaped in conformity with the typical section and to the line and grades as shown on the plans or as established by the Engineer. All unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved material. The excavation shall be done in such a manner as to require a minimum of fill to bring the subgrade to the correct elevation. When the subgrade is too low as initially excavated, the Contractor shall place additional soil or caliche in layers not exceeding four (411) inches and compact each layer by moistening and rolling. (1) Scraper Work The utilization of a scraper for excavation and shaping of subgrade and base is permitted with exceptions which are determined by depths of utility lines. Unless otherwise specified by the Engineer, the scraper shall not exceed 2i cubic yards capacity as rated loaded flush by'the manufacturer. (2) Compaction The subgrade will be wetted and rolled to secure 95% -y ----- Standard Proctor Density. Before placement of the base and/or curb and gutter and/or concrete valley gutter anal/or alley return slab and/or sidewalk, the subgrade will be checked by test rolling six (6) times 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 teat 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 thickness will not be less than six (611) or nine (911). Crown section shall begin to decrease 60 feet back of end of radius for residential streets. Wider street dips will be blue topped as shown on the detail sheet. (4) Prosecution of the Work The Contractor may proceed with subgrade preparation on any schedule he may select except that, unless hindered by factors beyond his control, not more than seven (7) calendar days shall elapse between the time subgrade preparation is begun and the spreading and compacting of r- the caliche base has started. Measures shall be taken by the contractor not to leave driveways impassable during the night hours. (5) Excess Materials Materials excavated in excess of that needed in fill and '^ backfill behind curb shall be wasted by the Contractor. Care shall be taken by the Contractor to use only topsoil in the backfill behind the curbs. The Contractor may dispose of the surplus excavated material in any manner not objectionable to the public, and it is his responsibility to locate a suitable site for dumping the waste excavation. In any event, the Contractor shall not dispose of the surplus materials in any of the lake areas either outside or within the city limits. Location of disposal sites near any lake area must be approved by the Engineer. (6) Subarade for Alley Paving The preparation of the subgrade for concrete alley paving shall be done in the same manner as other subgrade excavation which requires scarifying, wetting, disking, blading, rolling, and compacting. The Contractor will be required to excavate around existing improvements such as gas meter, water meters, poles, etc. Each of these obstructions shall be the responsibility of the Contractor. Trees that conflict with the improvements shall be removed by the Contractor upon approval of the Engineer. The Contractor shall shape the subgrade to the cross-section shown on the plans and to the lines and grades established by the Engineer. After the forms are set and before the reinforcing is placed, the Contractor shall finally shape the subgrade so that there will be a minimum thickness of concrete of five inches (51') at the centerline and seven and one-half inches (7-1/211) at the outside edges. All areas where fill material is required shall be compacted. The subgrade shall be wetted and rolled to secure 900 Proctor Density in the upper six inches (6") making a firm foundation for the alley paving. The Contractor will be required to shape the portion of the alley outside of the limits of the concrete slab so that all drainage in the alley will be to the invert of the concrete slab. Excess excavated materials shall be hauled to any approved location. B. Embankment Description Prior to placing any embankment, all "Preparing Right -Of - Way" and/or "Clearing and Grubbing" operations shall have been completed on the excavation sources and areas over which the embankment is to be placed. Stump holes or other small excavations in the limits of the embankment shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed loosened ground, or surface roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods and where indicated on plans or required by the Engineer, the ground surface thus prepared shall be compacted by sprinkling and rolling. Where embankments are to be placed adjacent to or over existing roadbeds, the roadbeds slopes shall be plowed or scarified to a depth of not less than six (611)' inches and the embankment built up in successive layers, as hereinafter specified, to the level of the old roadbed before its height is increased. Then, if directed, the top of the roadbed shall be scarified and recompacted with the V-29 next layer of the new embankment. The total depth of the scarified and added material shall not exceed the permissible depth of layer. Trees, stumps, roots, vegetation, or other unsuitable materials shall not be placed in embankment. Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the roadbed and unless otherwise specified each layer shall be so constructed as to provide a uniform slope of 1/411 inch per foot from the center line of the roadbed to the outside. Embankments shall be constructed to the grade established by the Engineer and completed embankments shall correspond to the general shape of the typical sections shown on -the -- plans and each section of the embankment shall correspond to the detailed section or slopes established by the Engineer. After completion of the roadway, it shall be continuously maintained to its finished section and grade until the project is accepted. Except as otherwise specified, earth embankments shall be constructed in successive layers for the full width of the individual roadway cross section and in such lengths as are best suited to the sprinkling and compaction methods �. utilized. Layers of embankment may be formed by utilizing equipment which will spread the material as it is dumped, or they may r" be formed by being spread by blading or other acceptable methods from piles or windrows dumped from excavating or hauling equipment in such amounts that material is evenly ,- distributed. Minor quantities of rock encountered in constructing earth embankment shall be incorporated in the specified embankment layers, or may be placed in accordance with the requirements for the construction of rock embankments in the deeper fills within the limits of haul shown on the plans, provided such placement of rock is not immediately adjacent to structures. Also, rock may be placed in the portions of embankments outside the limits of the completed ^, roadbed width where the size of the rock prohibits their incorporation in the normal embankment layers. Each layer of embankment shall be uniform as to material, density and moisture content before beginning compaction. where layers of unlike material- ��•�- -- material shall be so mixed as to prevent abrupt changes in the soil. No material placed in the embankment by dumping in a pile or windrow shall be incorporated in a layer in that position, but all such piles or windrows shall be moved by blading or similar methods. Clods or lumps of material shall be broken and the embankment material mixed by blading, disking, or similar methods to the end that a uniform material or uniform density is secured in each layer. Water required for sprinkling to bring the material to the moisture content necessary for maximum compaction shall be evenly applied and it shall be the responsibility of the Contractor to secure a uniform moisture content throughout the layer by such methods as may be necessary. In order to facilitate uniform wetting of the embankment material, the Contractor shall water at the material source if the sequence and methods used are such as not to cause an undue waste of water. Such procedure shall be subject to the approval of the Engineer. (1) Comoaction The compaction method shall require that each layer shall be compacted to the required density by any method, type, and size of equipment which will give the required compaction. The depth of layers, prior to compaction, shall depend upon the type of sprinkling and compaction equipment used. Prior to and in conjunction with the rolling operation, each layer shall be brought to the moisture content necessary to obtain the required density and shall be kept leveled with suitable equipment to insure uniform compaction over the entire layer. For each layer of earth embankment and select material, it is the intent of this specification to provide the density as required herein, unless otherwise shown on the plans. The required compaction shall be 95% Standard Proctor Density A.S.T.M. D-698. After each section of earth embankment or select material is complete, tests as necessary will be made by the Engineer. If the material fails to meet the density specified, the course shall be reworked as necessary to obtain the specified compaction, and the compaction method may be altered on subsequent work to obtain specified density. Such procedure shall be determined by, and subject to, the approval of the Engineer. At any time, the Engineer may order proof rolling to test the uniformity of compaction of the embankment subgrade. All irregularities, depressions., weak or soft spots which develop shall be corrected immediately by the Contractor. I Should the subgrade, due to any reason or cause, lose required stability, density, or finish before the pavement °^ structure is placed, it shall be recompacted and refinished at the sole expense of the Contractor. Excessive loss of moisture in the subgrade shall be prevented by sprinkling, ,., sealing, or covering with a subsequent layer of granular material. Excessive loss of moisture shall be construed to exist when the subgrade soil moisture content is more than 4 percent below the optimum for compaction to Standard Proctor Density. (Also see Section V, Item 2 [A] Compaction.) .� At Culverts Embankments adjacent to culverts which cannot be compacted by use of the blading and rolling equipment used in compacting the adjoining sections of embankment shall be compacted in the manner prescribed below. The following requirements shall apply to the backfilling of pipe culverts in addition to the pertinent portions of the general requirements given in the preceding section. After the bedding has been prepared and the pipe installed as required by the pertinent specifications, selected materials from excavation or borrow shall be placed along both sides of the pipe equally, in uniform layers not to exceed six inches (6t') in depth (loose measurement), wetted and thoroughly compacted so that on each side of the pipe there shall be a berm of thoroughly compacted materials at least as wide as the external diameter of the pipe, except insofar as undisturbed material obtrudes into this area. The method and degree of compaction shall be same as specified above. Filling and/or backfilling shall be continued in this manner to the elevation of the top of the pipe. Special care shall be taken to secure thorough compaction of the material placed under the haunches of the pipe. All fill or backfill below the top of the pipe shall be compacted mechanically in the same manner and to the density prescribed above, regardless of whether or not such material is placed within the limits of the embankment or' roadbed.In the case of embankments, the remainder of the fill above the top of pipe shall be placed in accordance with the provisions for placing roadway embankment as ..- prescribed in the pertinent specification included in the contrast. No construction traffic will be permitted to cross any pipe culvert until the specified minimum depth of fill above the pipe has been placed and consolidated in accordance with these provisions. 3. Base Course The base course shall consist of a minimum of six (611) or nine (911) inches of .compacted approved caliche, black base or combination of caliche and black base material shaped in accordance with the typical cross -sections provided in the plans and to the grades established by the Engineer. A. Haulinct and Placing Approved base material shall be hauled in vehicles of uniform capacity to the site and dumped evenly so that an adequate quantity of material will be placed to provide a minimum of six (611) inches of compacted base material on all units except major thoroughfares streets. On these streets the Contractor will construct nine (911) inches of compacted base material. B. Processing Processing of caliche base shall be accomplished in mulitiple lifts of three (311) inches in compacted depth. Each lift or layer shall be thoroughly moistened and rolled as it is cut from the windrow. After all of the material is cut from the windrow to the sides, it shall be cut back to the center in lifts of three (311) inches and thoroughly moistened and rolled again. Succeeding layers shall then be placed similarly until the caliche base course is completed and 95% Proctor Density has been attained. All nine (911) inch compacted caliche base shall be accomplished in three (311) inch lifts. The caliche course shall then be sprinkled as required and rolled with compactors as directed until a uniform compaction of 95% of "Standard Proctor Density" is secured. Throughout this entire operation, the shape of the course shall be maintained by blading; and the surface upon completion shall be smooth and in conformity with the typical sections shown on plans and to the established lines and grade. Processing of asphaltic base shall be as directed by the Engineer and similar to that described under Hot Mix Asphaltic Concrete Surface. Lift thickness will be indicated by the Engineer or as shown on the paving plans: - Electronic screed controls will be required for placing black base on grade. The density required will be determined by the Engineer after material to be used has been approved. All areas and "nests" of segregated coarse or fine material shall be corrected or removed and replaced with well graded material as directed by the Engineer. Each ..,._—_. ----.layer of black base will be test rolled six (6) times with a 35 ton roller and approved by the Engineer before succeeding layers are placed. A delay in construction of the next succeeding layer of black base.caused by rain, snow, etc. will require re -rolling and approval prior to construction of the next layer.. The utilization of the traffic to compact and bind the base is an essential part of the construction, and whenever possible the base course shall be opened to traffic,, and. the Contractor shall direct and distribute the traffic -- uniformly over the entire width of the base course. During the period of at least seven (7) days that traffic is being directed over the base, the caliche base shall be satisfactorily maintained by the use of water trucks, blades, drags and such other equipment as is required. The base course shall be so maintained until the wearing surface is placed thereon. The surface shall not be placed on base course that exceeds optimum moisture by two (20) per cent. .-- C. Finishincr Description The compacted base shall be finished and shaped immediately preceding the application of the surface treatment. All. loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller. All irregularities, depression or weak spots which develop during compaction shall be corrected by scarifying the areas affected, adding or removing material as required, reshaping and recompacting by sprinkling and rolling. (1) Weak Spots in Base The finished base shall be checked by a minimum of six (6) test rollings with a 35 ton roller. Any weak spots found shall be remedied before the surface is applied. The weak spots may be remedied by reprocessing the area in which the weak spot is found in which case the base will be allowed to cure for 72 hours before the surface is applied. If the Contractor chooses, he may repair the weak spot by removing the material involved and replacing it with type "C" hot mix or asphalt stabilized base. In this case the surface may be applied as soon as the hot mix patch has been compacted and cooled to ambient temperature. (2) Allowable Deviation in Finish Immediately prior to olacinct of surfacing the base shall be checked and anv deviation in excess of three -eights (3/8) inch from the established grade or true cross section shall be corrected as provided for defects. Longitudinally a straightedge 10 feet long shall be used to detect any deviation which shall be corrected as defects. 4. HOT MIX ASPHALTIC CONCRETE SURFACE A. Description This item shall consist of 1-2" compacted T.H:D. Type "D" hot mix asphaltic concrete surface,. using approved crushed stone aggregate, constructed over a compacted base. The base shall be primed and a tack coat applied as required. (1) General (Test Method Tex-207-F) It is the intent of this specification that the material be placed and compacted to a density of 95 to 100 percent of that density developed in the laboratory test method of molding stability specimens with a m;nimum compacted thickness of one and ore -half inches (1-2"). Suff.ic.ient density tests will be made in order t.o determine that the compaction procedure used by the Contractor is adequate and proper to accomplish the intent:�as stated above. If the mixture produced does not have the specified qualities, the design will be adjusted as required by the engineer to produce a mixture having the specified qualities. The pavement shall be constructed on the previously completed -and approved subgrade, base,existing pavement, bituminous surface or in the case of a bridge, on the prepared floor slab, as herein specifiec and in accordance with the details shown on the plans. Temperature Requirements A. November 1 until April 1 1. The asphaltic mixture shall not be placed when the air temparature is below 55 degrees F and falling. 2. The asphaltic mixture may be placed when the air tem- perature is above 50 degrees F and rising. B. April 1 until November 1 1. The asphaltic mixture shall not be placed when the air temperature is below 50 degrees F and falling. The asphaltic mixture may be placed when the air tem- per1:ure is above 45 degrees F and rising. r., The air temperature shall be taken in the shade away from artificial heat or as reported by the National Weather service on their hourly report (Telephone No. 762-0141).. The Engineer may use his discretion to require a cover over the asphaltic mixture when being hauled from the plant to the job site. If the temperature of a load of asphaltic concrete measured while passing through the lay -down machine is 25 degrees F less than the mixing temperature, the load may be rejected by the Engineer and payment will not be made for the rejected material. (2) Prenaration of Base and Areas Bordering The compacted base upon which the hot mix asphaltic concrete surface is to be placed shall be prepared and cleaned, as required by the Engineer, before the prime coat is applied. (3) Prime Coat The prime coat shall consist of an application of .25 gallons per square yard of MC asphalt. (4) Tack Coat Before the asphaltic mixture is laid, the surface upon which the tack coat is to be placed shall be cleaned thoroughly to the satisfaction of the engineer. The surface shall be given a uniform application of tack coat using asphaltic materials of this specification. This tack coat shall be applied, as directed by the engineer, with approved sprayer. Where the mixture will adhere to the surface on which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Engineer.. All contact surfaces of curbs and structures and all joints shall be painted with a thin uniform coat of the asphaltic material meeting the requirements for tack coat. The tack coat shall be rolled with a pneumatic tire roller as directed by the Engineer. (5) Transnortinq Asphaltic Concrete The asphaltic mixture, prepared as specified above shall be hauled to the work site in tight vehicles previously cleaned of all foreign material. The dispatching of the vehicles shall be arranged so that all material delivered may be placed, and all rolling shall be completed during day -light hours. The inside of the truck body may be V-36 (This page left blank intentionally) TO: NOTICE OF ACCEPTANCE The City of Lubbock, having considered the proposals submitted and opened on the _day of 1919,_for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 198_ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, cer- tificates of insurance, and all other documents specified and required to be executed and furnished under the con- tract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be re- tained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative -44- (This page left blank intentionally) 3 2 A I IS I c I o PLAN VIEW SCALE: 1' - 30'- 0" EXISTING FENCE 11 - 0 " 2' 0" 6 • 1 I PROPERTY LINE-y} CONT CURB # 4 REBAR EJ CONT. GENERAL NOTES I- VERIFY ALL DIMENSIONS IN FIELD BEFORE CONSTRUCTION 2,ALL CONCRETE TO BE PER ATTACHED MATERIAL SPECS. 3. EXPANSION JOINTS TO BE SPACED AT 36' O.C. MAX 4. CONTROL JOINTS TO BE SPACED 4'-0" 0 C 5REFER TO SPECIFICATIONS FOR ANY FURTHER INFORMATION E I F S„" 1� 1 DUMMY CONTRACTION JOINT 4N�`. ,; � ::• ••0,.•:,^jam• 8X6.10/IOWWM DETAIL I'lABB NTS 2•-6", 216 10• 0" 2'6" 2' 6" I = O I . 1 PROPERTY LINE H u N 1 PROPERTY LINE 'p N DUMMY CONTRACTION JOINT SEE DETAIL "A" •. ' = I/2"BITUMINOUS PREMOLDED p E.J. ITYP.) ~ u w m REMOVE EXISTING CURB B GUTTER NOTE: CURB S GUTTER, FILLETS 6 SLAB TO BE POURED TOGETHER. PLAN II A 11 NTS PROPERTY LINE G X6 - 10/10 wwm I I lt4 REBAR 2" FROM SIDE WALK IN CENTER SECTION # I OF SLAB. ' PROPFRTY LINE I 1 6 D" S 0" ._ - 2 CURB BEYOND � #A RE BAR 12"O.C. E. W SECTION #2 NTS IZONE ILTR I DESCRIPTION I DATE (APPROVED I �-- E.J. CO NT. L 4"SLAB •/ 6X 6-10/10 WWM DR DATE LUBBOCK POWER D.HUDGEONS 4-IT-90 AND LIGHT SECTION 4*:3 APPD TITLE J. BEESINGER CONCRETE APPROACHES 81 SIDEWALK HTS RELEASE 7400 U� TIC A AVE. SCALE ]SIZE DWG. NO AS NOTED SHEET I OF i A B C D E F 3 N I Q 14 F9 0 IV 3 2 E.J. CONT. PLAN VIEW staLE: I" 30'- o" SECTION EXISTING FENCE --' Ii'- 0- t I PROPERTY LINE� 4"SLAB w/6X6-10/IOWWM SECTION # 3 NTS 6" CONT. CURB REBAR E.J. CONT. FltAl GENERAL NOTES I. VERIFY ALL DIMENSIONS IN FIELD BEFORE CONSTRUCTION 2.ALL CONCRETE TO BE PER ATTACHED MATERIAL SPECS. 3, EXPANSION JOINTS TO BE SPACED AT 36' D.C. MAX. 4. CONTROL JOINTS TO BE SPACED 4=0" 0 C S, REFER TO SPECtFI CATIONS FOR ANY FURTHER INFORMATION 3 /4" �47q �� I DUMMY CONTRACTION JOINT • 1 'i 2»6", 10'- O" , 2=6 2'-a. 6X6- 10/IOWWM DETAIL "A" NTS PROPERTY LINE W PROPERTY LINE � N N DUMMY CONTRACTION JOINT • ~, lb - SEE DETAIL "A" •, ~+�a. — = 1/2"81TUMINOUS PRE MOLDED o_ E.J.(TYP.) ~ REMOVE EXISTING CURB fl GUTTER U W N NOTE: CURB B GUTTER, FILLETS fl SLAB TO BE POURED TOGETHER. PLAN �I A �I NTS PROPERTY LINE 6 - 0 S'- 0" 6X6- 10/10 WWM # I NTS SECTION 42 NT$ E WALK IN CENTER OF SL A B. --•—PROPERTY LINE I � CURB BEYOND ZONE LTR DESCRIPTION DATE APPROVED DR DATE LUBBOCK POWER D. Hli0GE0NS 4- 17- 90 l AND LIGHT APPD TITLE J. BEESING E R CONCRETE APPROACHESa SIDEWALK RELEASE 7400 U .rI C Q1 AVE. 13 2 SCALE AS NOTED SIZE I DWG. NO