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Resolution - 2023-R0290 - Contract 17357, With Ronnie Zahn Paving, Inc - 06/13/2023
Resolution No. 2023-R0290 Item No. 5.18 June 13, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Public Works Contract No. 17357 for construction of the Mae Simmons Park Parking Lot as per ITB 23-17357-DH, by and between the City of Lubbock and Ronnie Zahn Paving, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 13, 2023 TRAY PA , MAYOR ATTEST: Courtney Paz, 6ty Sec tart' APPROVED AS TO CONTENT: q- !ice Erik Rejino, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Senior Assistant City Attorney ccdocs/RES.Public Works Contract 17357 Mae Simmons Parking lot 6.1.23 Resolution No. 2023-R0290 BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: / .�1 rr . 17 6 PRO 70'r \?, ?M!_3ER: ITB 23-17357-DH, Construction of the Mae Simmons Par' ping Lot Bid of Bidder) (hereinafter called To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, it o:.ipliance with your Invitation to Bid for the construction of the referenced project, having carefully exam_' - od the plans, specifications, instructions to bidders, notice to bidders and all other related contrac: : rents and the site of the intended work, and being familiar with all of the conditions surrounding the constn, ;lion of the intended project including the availability of materials and labor, hereby intends 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 price stated. The bidder binds himself on acceptance of his bid 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. Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially ° L iplete the project within 60 consecutive calendar days with final completion of the project within 75 cone -_.- __ .-•n calendar days as stipulated in the specification and other contract documents. Bidder hereby .further agr =e c ; _ty to Owner as liquidated damages in the sum of $150 for each consecutive calendar day after substan:`_r �_,ipletion and liquidated damages in the sum of $100 for each consecutive calendar day after final eon_:_ son set forth herein above for completion of this project, all as more fully set forth in the General Conditions " e Agreement. Bidder understands and agrees that this bid submittal shall be completed and submitted in -accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a peso) of '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 care fully 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. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all City of Lubbock, TX Public Works ITB 23-17357-DH Construction of the Mae Simmons Park Parking Lot Ronnie Zahn Paving, Inc of Lubbock, TX w Items Base Bid # 1-1 MOBILIZATION # 1-2 S WPPP # 1-3 TREE REMOVAL #1-4 ASPHALT REMOVAL # 1-5 CONCRETE REMOVAL #1-6 24" COL TYPE A CURB AND GUTTER # 1-7 6" CONCRETE VALLEY GUTTER #1-8 6"CONCRETE DRIVEWAY #1-9 2" HMAC COL TYPE C, 6" FLEXBASE, 12" SUBGRADE #1-10 4" CONCRETE SIDEWALK # 1-11 ADA RAMP #1-12 PAVEMENT MARKINGS #1-13 ACCESSIBLE PARKING SIGNAGE #1-14 2" SCH 40 PVC CONDUIT, BURRIED # 1-15 SEEDING, SLOPE STABILIZATON # 1-16 RIP RAP QTY Llnit Extended +/- U/M PI -ice Cost 1 LS $12,500.00 12,500.00 1 LS 6,000.00 6,000.00 1 LS 3,000.00 3,000.00 167 SY 10.00 1,670.00 175 SY 30.00 5,250.00 770 LF 28.00 21,560.00 265 SY 81.00 21,465.00 200 SY 81.00 16,200.00 2762 SY 54.00 149.148.00 105 SY 56.25 5,906.25 2 EA 1,500.00 3,000.00 1 LS 2,352.00 2,352.00 4 EA 300.00 1,200.00 500 LF 15.00 7,500.00 1500 SY 5.00 7,500.00 35 SY 60.00 2,100.00 Total (Items 1-1 through 1-16): 266,351.25 Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within 10 business days after the date of receipt of written notification of acceptance of said bid; 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. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal i; Bidder is a C!:)rporation) ATTEST: J Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: i f�l-e _ram: _ � •--f�,-- � Authorized Signature ,/ � rt.:3 -'—, h y" (Printed or Typed Name) Company Address 41, City, County State Zip Code Telephone: Fax: FEDERAL TAX ID or SOCIAL SECURITY No. EMAIL: Z . h tl C7.t.E- ; , i , CZ r (. Loh' M/WBE oman acAmerican r Native American Firth: tspanic Asian Pacific Other(Specify) American American AM Best Rating Services Merchants Bonding Company (Mutual) BesU "' P AMB #: 000594 NAIC #: 14494 FEIN #: 420410010 Mailing Address P.O. Box 14498 Des Moines, Iowa 50306-3498 United States Web: www.merchantsbonding.com Phone: 515-243-8171 Fax:515-243-3854 View Additional Address Information AM Best Rating Unit: AMB #: 018618 - Merchants Bonding Co (Mutual) Group Assigned to insurance companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations. CF'AM BEAT `EXCELLENT nnocW Strength R-W9 View additional news, reports and products for this company. Based on AM Best's analysis, 000594 - Merchants Bonding Company _(Mutual is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. 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June 01, 2023 Financial Size Category View Definition Financial Size Category: IX ($250 Million to $500 Million) u Denotes Under Review Best's Rating Rating History AM Best has provided ratings & analysis on this company since 1953. Financial Strength Rating Long -Term Issuer Credit Rating Effective Date Rating Effective Date Rating June 01, 2023 A June 01, 2023 a+ May 05, 2022 A May 05, 2022 a April 14, 2021 A April 14, 2021 a April 02. 2020 A April 02, 2020 a March 12, 2019 A March 12, 2019 a Related Financial and Analytical Data The following links provide access to related data records that AM Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB # Company Name Company Description 018618 Merchants Bonding Co (Mutual) Group (G) Represents the AM Best Consolidated financials for the Property/Casualty business of this legal entity. Rating Unit Best's Credit & Financial Reports Best's Credit Report - financial data included in Best's Credit Report reflects the data used in determining �[ 1; the current credit rating(s) for AM Best Rating Unit: AMB #: 018618 - Merchants Bonding Co (Mutual) Group. Best's Credit Report - Archive - reports which were released prior to the current Best's Credit Report. 1� (= Best's Financial Report - financial data included in Best's Financial Report reflects the most current data ® available to AM Best, including updated financial exhibits and additional company information, and is available to subscribers of Best's Insurance Reports. Best's Financial Report - Archive - reports which were released prior to the current Best's Financial Report. 1 View additional news, reports and products for this company. Press Releases Date Title Jun 01, 2023 AM Best Upgrades Issuer Credit Ratings of Merchants Bonding Company—(Mutual)and Merchants National Bonding, Inc. 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About Us I Careers I Contact I Events I Media Relations I Offices I Press Releases I Social Media Cookie Notice I Legal & Licensing I Privacy Notice I Regulatory Information I Site Map Terms of Use Copyright© 2023 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: June 13, 2023 CITY OF LUBBOCK SPECIFICATIONS FOR Construction of the Mae Simmons Park Parking Lot ITB 23-17357-DH CONTRACT: 17357 PROJECT NUMBER: 92704.9240.30000 Plans & Specifications may be obtained from https://ci-lubbock-tx.bonfirehub.com/ -�1r` City of Lubbock CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. S. 9. 10 11 12 13 14 NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK REFERENCE FORM 3-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-4. SAFETY RECORD QUESTIONNAIRE 3-5. SUSPENSION AND DEBARMENT CERTIFICATION 3-6. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL VERIFICATION LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES GENERAL CONDITIONS OF THE AGREEMENT DAVIS BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS 2 Page Intentionally Left Blank NOTICE TO BIDDERS Pate Intentionally Left Blank City of Lubbock TEXAS ITB 23-17357-DH Construction of the Mae Simmons Park Parking Lot 1. NOTICE TO BIDDERS 1.1. Bidders may submit responses electronically by uploading required documents at the City of Lubbock's partner website, Bonfire. This Invitation to Bid is for your convenience in submitting a bid for the specified project. If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of Purchasing and Contract Management: Physical: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 13 14 Avenue K, 9th Floor Lubbock, Texas 79401 Mailing: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME 1.2. Bids will be opened in the office of the Director of Purchasing and Contract Management, Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, and via teleconference as shown below at 3:00 PM on May 30, 2023, 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 above referenced. 1.3. After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. Bids will be opened via teleconference if date/time stamped on or before the deadline stated at the office listed above. The Zoom meeting information is as follows: Website: https:Hzoom.us/j/92806431768?pwd=NIJ5cFEOTis4eWJPb2RNUnl6N1dYQT09 Meeting ID: 928 0643 1768 Passcode: 1314 1.4. It is the sole responsibility of the bidder to ensure that his bid is actually received by the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. 1.5. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.6. Although bids may be submitted electronically, hard copy bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX BIDS. 1.7. Bids may be withdrawn prior to the above scheduled time set for closing. Alteration made before ITB opening must be initialed by bidder guaranteeing authenticity. 1.8. Bids are due at 3:00 PM on May 30, 2023, and the City of Lubbock Council members will consider the bids on June 27, 2023 at the Citizens Tower, 1314 Avenue K, 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 in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED. 1.9 NOTICE TO PROCEED WILL BE ISSUED 30 DAYS FOLLOWING THE AWARD OF THE CONTRACT BY THE LUBBOCK CITY COUNCIL. 1.10. Please allow time to upload required documentation. 24hrs in advance is recommended. 1.11. The estimated budget for this project is $330,000. 1.12. 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 proposal submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the bidder. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. 1.13. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from https:Hci-lubbock-tx.bonfirehub.com/portal/ at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 1.14. It shall be each bidder's sole responsibility to inspect the site of the work and to inform bidder 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. 2. PRE -BID MEETING 2.10. For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held May 23, 2023 at 10:00 a.m., via teleconference. The Zoom in6etingtion is as follows: Website: httbs://zoom.us/i/96941735860?Dwd=dFVOLvs5dis5O0kvaHE5TDJ2Z2ZiUT09 Meeting ID: 969 4173 5860 Passcode: 1314 2.11. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.12. It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3. 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 and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidders attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, 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. 4. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. 5. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT Page Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS 1. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 1.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 1.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Dakota Heath, Buyer I City of Lubbock Purchasing and Contract Management Office 1314 Avenue K, Floor 9 Lubbock, Texas 79401 Fax: 806-775-2164 Email: DHeath@mylubbock.us 2. TIME AND ORDER FOR COMPLETION 2.1 The construction covered by the contract documents shall be substantially completed within 60 Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 2.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure daily prosecution of the work is conducted every business day until the work is completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. GUARANTEES 3.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within TWO years 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). 3.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 3.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 3.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 4.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1-1 through 1-16 plus the sum of any Alternate Bids or Options the City may select. 4.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 4.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 4.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 4.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 4.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. GENERAL INSTRUCTIONS TO BIDDERS (Continued) 5. ADDENDA & MODIFICATIONS 5.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 5.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/ and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. 5.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 5.4 The City does not assume responsibility for the receipt of any addendum sent to bidders 6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 6.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 6.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. 7. BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 8.4 Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below. https:Hlubbocktx.govga.us/WEBAPP/ rs/(S(guiyirflbtihahjnycegwpcs))/SupportHome.aspx 8.5 For more information, please see the City of Lubbock Public Information Act website at: https:Hci.lubbock.tx.us/ppages/public-information-act 9. LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10. UTILIZATION OF LOCAL BUSINESS RESOURCES 10.1 Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 11. CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 11.3 It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock 11.4 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire, Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed. The questionnaire can be found at: https://www.ethics.state.tx.us/forms/conflict/ For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000, Lubbock, Texas, 79457 See Section 176.006, Local Government Code: http://v,Tww.statutes.Iegis.state.tx.us/SOTWDocs/LG/htm/LG. 176.htm. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 12. CONTRACT DOCUMENTS 12.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 12.2 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. 13. CERTIFICATE OF INTERESTED PARTIES 13.1 Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply: 1) Contract requires an action or vote by the City Council (governing body); OR 2) Contract value is $1 Million or greater; OR 3) Contract is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code. This must be done before executing the contract. The disclosure form may be found at https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable). 14. PLANS FOR USE BY BIDDERS 14.1 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 or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 15. PAYMENT 15.1 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 16. AFFIDAVITS OF BILLS PAID 16.1 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. 17. MATERIALS AND WORKMANSHIP 17.1 The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory proj ect. 18. PLANS FOR THE CONTRACTOR 18.1 The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19. PROTECTION OF THE WORK 19.1 The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: 19.1.1 The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. 19.1.2 A sworn statement of the current financial condition of the bidder. 19.1.3 Equipment schedule. 20. TEXAS STATE SALES TAX 20.1 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. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21. PROTECTION OF SUBSURFACE LINES AND STRUCTURES 21.1 It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22. BARRICADES AND SAFETY MEASURES 22.1 The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, 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 replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23. EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 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. 24. CONTRACTOR'S REPRESENTATIVE 24.1 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. 25. INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 26. LABOR AND WORKING HOURS 26.1 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 that 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 Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 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. 26.1.3 Before construction work requiring an inspector is to be performed on Sunday 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 Sunday or holidays will be made by the Owner's Representative. 26.2In 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. 27. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS 27.1 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 shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars ($60) 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. 28. PROVISIONS CONCERNING ESCALATION CLAUSES 28.1 Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29. PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. 29.3 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 30. BOUND COPY OF CONTRACT DOCUMENTS 30.1 Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. 29.2 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. 31. QUALIFICATIONS OF BIDDERS 31.1 The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (c) The quality of performance of previous contracts or services. (d) The safety record of the Contractor and proposed Sub -Contractors 31.2 Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32. PLANS FOR THE CONTRACTOR 32.1 The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 33. ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34. PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($60) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 35. PROTEST 35.1 All protests regarding the ITB process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the ITB process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 35.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. INSURANCE INFORMATION CONTINUED CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (D) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. BID SUBMITTAL FORM Page Intentionally Left Blank BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE:7,:_ . PROJECT NUMBER: ITB 23-17357-DH, Construction of the Mae Simmons Park Parking Lot Bid of Bidder) (hereinafter called To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of the referenced project, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends 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 price stated. The bidder binds himself on acceptance of his bid 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. Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 60 consecutive calendar days with final completion of the project within 75 consecutive calendar days as stipulated in the specification and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages in the sum of $150 for each consecutive calendar day after substantial completion and liquidated damages in the sum of $100 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Bidder understands and agrees that this bid submittal shall be completed and submitted in -accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 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. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within 10 business days after notice of award of the contract to him. City of Lubbock, TX Public Works ITB 23-17357-DH Construction of the Mae Simmons Park Parking Lot Ronnie Zahn Paving, Inc of Lubbock, TX Items Base Bid #1-1 MOBILIZATION #1-2 SWPPP # 1-3 TREE REMOVAL # 1-4 ASPHALT REMOVAL 91-5 CONCRETE REMOVAL 91-6 24" COL TYPE A CURB AND GUTTER 91-7 6" CONCRETE VALLEY GUTTER 91-8 6"CONCRETE DRIVEWAY 91-9 2" HMAC COL TYPE C, 6" FLEXBASE, 12" SUBGRADE 91-10 4" CONCRETE SIDEWALK 91-11 ADA RAMP # 1-12 PAVEMENT MARKINGS 91-13 ACCESSIBLE PARKING SIGNAGE 91-14 2" SCH 40 PVC CONDUIT, BURRIED 91-15 SEEDING, SLOPE STABILIZATON # 1-16 RIP RAP QTY Unit Extended +/- UlmUnit Cost 1 LS $12,500.00 12,500.00 1 LS 6,000.00 6,000.00 1 LS 3,000.00 3,000.00 167 SY 10.00 1,670.00 175 SY 30.00 5,250.00 770 LF 28.00 21,560.00 265 SY 81.00 21,465.00 200 SY 81.00 16,200.00 2762 SY 54.00 149,148.00 105 SY 56.25 5,906.25 2 EA 1,500.00 3,000.00 1 LS 2,352.00 2,352.00 4 EA 300.00 1,200.00 500 LF 15.00 7,500.00 1500 SY 5.00 7,500.00 35 SY 60.00 2,100.00 Total (Items 1-1 through 1-16): 266,351.25 Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within 10 business days after the date of receipt of written notification of acceptance of said bid; 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. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidi-ler is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: 3 Authorized Signatd4 k na _' An (Printed or Typed Name) ,yI '� b'l YI B .f f�i ✓lc.� L! i �S.L'�- G.j—�y,�> Company Address ,L� G, Z-41 4,11 cc1 City, County 7X— State Zip Code Telephone: Fax: FEDERAL TAX ID or SOCIAL SECURITY No. "`- .7". EMAIL:'! M/WBE oman ac erican Native American Firm: Hispanic Asian Pacific Other peci American American MERCHANTS BONDING COMPANY,M MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. 2100 FLEUR DRIVE • DES MOINES, IOWA 50321-1158 , (800) 678-8171 , (515) 243-3854 FAX BID BOND PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS: Bond No. That Zahn Paving, Inc. (hereinafter called the Principal) as Principal, and the Merchants Bonding Company (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to City of Lubbock, TX (hereinafter called the Obligee) in the full and just sum of ( Five Percent of the Greatest Amount Bid 5 %------------------------------------------------------------------------------------------------------------------------------------------ Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 30th day of May 2023 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Mae Simmons Parking Lot according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the Merchants Bonding Company (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: Zahn Paving, Inc. Principal By tie GUN 0333 (2/12) MERCHAN BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Cara D Hancock; Carroll Mayfield; DeeDee Brinker; Jennifer Winters; Tara Symes their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February 2020 �10N4 •LNG Cps* Ay: �,04poR'S%: 2: �Q` 4r�PU(MUTUAL) �'9y * MERCHANTS NATIONAL BONDING, INC. 2003 D;�� : •' 1933 - r By •«***: ••• ••�.**'*' **• •♦ ;**« President STATE OF IOWA �`"""•`'�� * « * *' « COUNTY OF DALLAS ss. On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed -and sealed in behalf of the Companies by authority of their respective Boards of Directors. o RtA4 s� POLLY MASON Commission Number 750576 My Commission Expires �. /0WP January07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 30th day of May 2023 \ltkG Co x 2003 1933 Secretary .v - . =dam ate.° '• t POA0018 (1/20) "••••"•,•, **•„�** City of Lubbock, TX Purchasing and Contract Management Similar Projects and Reference Form Please list three references of current customers who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work. Please do not use the City of Lubbock. i REFERENCE ONE L CompanyName: _Le(L Lewis Inc', Address: Contact Person and Title: Phone: lU�)7g7-Igoo Email: ��f�G�0c flee/( y .CQM Similar Project: LIS rF REFERENCE TWO Year '�_ Company Name: �hlns ( Ile, Address: q7 15 uS-�q Zt)b6ro C , T�x(ZS Contact Person and Title: lad, (Atsib Phone: ?-7- 773Email: inS L������ Similar Project: t 0 Iola Lts4 k_v-kr jQ4 Year Cl REFERENCE THREE - - CompanyName: ie rS�'i Address: /V-I(0 Ni i�C�S Contact Person and Title: Phone: Email: t` .Kg b�VPt Af. `1r Similar Project: far ;�tbc l��Sy�1S' Year Rcaa' Page Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four (4) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NOV/ If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO_V/ If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: !o D (� ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Signature � ,A Title NON -COLLUSION AFFIDAVIT STATE OF TEXAS LUBBOCK COUNTY a A -a Za � w being first duly sworn, on 46/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said respondent has not directly induced or solicited any firm on the above work or supplies to put in a sham, or any other person or corporation to refrain from a statement of qualifications; and that said firm has not in any manner sought by collusion to secure to self an advantage over any other firm or firms. Firm Name Signature Title Subscribed and sworn to before me this Notary Public «� day of My Commission Expires: NDA DRUMHILLER ublI'_ estate of Texas Comm. Expire "i0-?6 2025 cIIW,,:' ` Notery-ID 410403.4 NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE SUBMISSION Page Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. PROPOSED LIST OF SUB -CONTRACTORS Company Name Location Services Provided 5 �04\g uffAilc 0 -rx _ 2P, (,4,rjJ Minority Owned Yes No 13 ❑ rah ❑ L� El Ll ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH -YOUR RESPONSE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: (PRINT NAME OF OMPANY) Page Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when responses are due. FINAL LIST OF SUB -CONTRACTORS Pate Intentionally Left Blank FINAL LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. v�roAt►��►tn�1/iti �J[[JJ��?/0C( Is\N(Fy3 ❑ r��U1' 2- DaJrYt'CCL�.2S 1Jniilhtt�dl i.0 -Tt1 G �ft`i'ra ❑ 3. 6� � lrzc G 4. J04 Ir L Ack(gI� `G__l'1--5k __�// L..�lbK�C7 , K/ Ub7X aZ `1 Cbrtd (A� y e.CJ.rw ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ SUBMITTED BY: (PRINT NAME OF COMPANY THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN RESPONSES ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO Page Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Ronnie Zahn Paving, Inc. (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 two hundred sixty-six thousand three hundred fifty-one dollars twenty- five cents ($266,351.25) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 13t' day of June, 2023, to ITB 23-17357-DH Construction of the Mae Simmons Park Parking Lot and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, 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 2023. Surety *By (Title) (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank 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. Page Intentionally Left Blank PERFORMANCE BOND Page Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Ronnie Zahn Paving, Inc. (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 two hundred sixty-six thousand three hundred fifty-one dollars twenty- five cents ($266,351.25) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 13t' day of June, 2023, to ITB 23-17357-DH Construction of the Mae Simmons Park Parking Lot and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, 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 , 2023. Surety * By (Title) (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Page Intentionally Left Blank CERTIFICATE OF INSURANCE Page Intentionally Left Blank CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY LJ Commercial General Liability General Aggregate $ LJ Claims Made Products-Comp/Op AGG $ LJ Occurrence Personal & Adv. Injury $ LJ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY LJ Any Auto Combined Single Limit $ LJ All Owned Autos Bodily Injury (Per Person) $ LJ Scheduled Autos Bodily Injury (Per Accident) $ LJ Hired Autos Property Damage $ LJ Non -Owned Autos LJ GARAGE LIABILITY LJ Any Auto Auto Only - Each Accident $ LJ Other than Auto Only: Each Accident $ Aggregate $ LJ BUILDER'S RISK LJ 100% of the Total Contract Price $ LJ INSTALLATIONELOATER $ EXCESS LIABILITY LJ Umbrella Form Each Occurrence $ Aggregate $ LJ Other Than Umbrella Form $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY The Proprietor/ LJ Included Statutory Limits Partners/Executive LJ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) ma Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (D) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (n) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. Page Intentionally Left Blank CONTRACT Page Intentionally Left Blank I Contract 17357 STATE OF TEXAS COUNTY OF LUBBOCK ITHIS AGREEMENT, made and entered into this 13" day of June, 2023 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Ronnie Zahn Paving, 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 CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: ITB 23-17357-DH Construction of the Mae Simmons Park Parking Lot 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. Ronnie Zahn Paving, Inc.'s bid dated May 30, 2023, is incorporated into and made a part of this 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 bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: CITY OF LU B EXAS (OWNER): Ronnie Zahn Paving, Inc. By: Tray Payne, yor By: �Cv,1 �ir� AT EST: PRINTED N E: TITLE: /W i Cou hey Paz, City SecJr COMPLETE ADDRESS: PINED AS TO NTENT: Ronnie Zahn Paving, Inc. 6608 MLK Blvd Lubbock, TX 79404 'in ATTEST: Corporate S ary I lic Works ReDfesentative k)aom e (Printed) D e APPROVED AS TO FORM: M #kM4-xJ — K lli Leisure, Senior Assistant City Attorney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT •.0 Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to wit Ronnie Zahn Paving, Inc. who has agreed tc perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Josh Kristinek, Assistant City Engineer so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Response, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 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. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 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 the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish 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 documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 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 five copies of all Plans and Specifications without expense to Contractor and Contractor 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 or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative 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 (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor 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 obj ect to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's 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 itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to 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 work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, 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 Contractor in writing that any person or persons on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or persons shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and 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 the contract documents 22 23 to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. DEFECTS AND THEIR REMEDIES It is expressly 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 Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for 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, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written 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 commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workers, 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 Workers' 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 matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment 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 compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents 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. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its 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 AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' 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, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. Commercial General Liability Requirements: $1M occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirements). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Commercial General Liability Heavy Equipment Endorsement: Heavy equipment endorsement is required Commercial General Liability Digging Endorsement: NOT APPLICABLE Automobile Liability Requirements: $1M/occurrence is needed Automobile Liability Requirements: $1M/occurrence is needed Professional Liability Requirements: $1M occurrence / $2M aggregate Workers Compensation Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1M min) is required with Workers Compensation. * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non- payment. * Carriers must meet a A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above. Definitions Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the proj ect; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal 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) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete proj ect. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the proj ect; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-4000 (www.tdi.state.t .us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the proj ect; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter 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. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in anyway, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees 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 specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL 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 Notice to Proceed and contract documents, respectively, 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 as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $150 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall fail to meet the time requirements stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work in such order of precedence, and in such manner as shall be most conductive to economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Further, when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project 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. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. 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 intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its 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 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workers, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, 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, provided that the over run or under run of estimated quantities not exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. 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: (i) in the event the total value of the contract is five million dollars or more, 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 the contract documents; or (ii) in the event the total value of the contract is less than five million dollars, 10% or less, of the amount thereof, which percentage shall be retained until final payment, and further, less all previous payments and all further sums may be retained by Owner under the terms of the contract documents ("Retainage"). If Contractor engages a sub -contractor to perform all or part of Contractor's work under the contract, the Contractor shall not withhold a greater percentage of Retainage than the percentage set out in in this section pertaining to the Contractor. Contractor shall likewise require any subcontractor it engages to comply with section 2252.032 of the Texas Government Code. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within fifteen (15) calendar days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. The work will be deemed substantially complete when the work (or a specified portion thereof) has progressed to the point where, in the opinion of the Owner or Owner's Representative, the work (or a specified portion thereof) is sufficiently complete, in accordance with all the contract documents, including the Proposal and all applicable technical specifications, so that the work (or a specified portion thereof) can be utilized for the purposes for which it is intended without unscheduled disruption. Owner may, in its sole discretion, release all or a portion of the Retainage upon Owner's receipt of the certificate of substantial completion for all of the work or a specified portion thereof. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion 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 contract documents and/or any warranty or warranties implied by law or otherwise. Owner may, in its sole discretion, release all or a portion of the Retainage for fully completed and accepted portions of the work. Notwithstanding the foregoing, Owner may withhold the Retainage if there is a bona fide dispute between Owner and Contractor according to section 2252.032(f) of the Texas Government Code. 45. CORRECTION OF WORK M Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. 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 but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of two years from the date of certification of final completion by Owner's Representative. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE 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) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non- compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , 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 the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of persons and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. 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. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 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, if applicable, 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 certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, 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, if applicable, 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, if applicable, subj ect only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar 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, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense 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 or from unusual obstructions or difficulties, naturally occurring, man-made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's 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. 54. 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 Contractor shall remove all such debris and also its 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. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 60. LABOR CODE CHAPTER 214 Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code, shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the person directly retains and compensates for services performed in connection with the contract. (b) In this subsection, "subcontractor" means a person directly retained and compensated by a person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code. A subcontractor shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the subcontractor directly retains and compensates for services performed in connection with the contract for which the subcontractor is retained. (c) A person who fails to properly classify an individual as required by Subsection (a) or (b) shall pay to the commission a penalty equal to $200 for each individual that the person has not properly classified. (d) The commission may not take action to collect a penalty under this section from a person after the third anniversary of the date on which the violation occurred. 61. CERTIFICATE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: http s : //ci.lubb ock. tx.us/departments/purchasing/vendor-information 62. TEXAS GOVERNMENT CODE SECTION 2252.152 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 63. TEXAS GOVERNMENT CODE SECTION 2271.002 Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 64. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 65. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 66. CONFIDENTIALITY The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 67. INDEMNITY The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 68. PROFESSIONAL RESPONSIBILITY All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. 69. TEXAS SENATE BILL 219 SUBCHAPTER B ITEMS B AND C (b) A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications, or other design documents, disclose in writing to the person with whom the contractor enters into a contract the existence of any known defect in the plans, specifications, or other design documents that is discovered by the contractor, or that reasonably should have been discovered by the contractor using diligence, before or during construction. In this subsection, ordinary diligence means the observations of the plans, specifications, or other design documents or the improvement to real property that a contractor would make in the reasonable preparation of a bid or fulfillment of its scope of work under normal circumstances. Ordinary diligence does not require that the contractor engage a person licensed or registered under Title 6, Occupations Code, or any other person with specialized skills. A disclosure under this subsection is made in the contractor's capacity as contractor and not as a licensed professional under Title 6, Occupations Code. (c) A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the consequences of defects that result from the failure to disclose. DAVIS BACON WAGE DETERMINATIONS Page Intentionally Left Blank Page Intentionally Left Blank EXHIBIT A "General Decision Number: TX20230002 01/06/2023 Superseded General Decision Number: TX20220002 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) - (60) . JIf the contract is entered �. linto on or after January 30, 12022, or the contract is lrenewed or extended (e.g., an �. loption is exercised) on or 1 lafter January 30, 2022: 1 If the contract was awarded onl. or between January 1, 2015 andl January 29, 2022, and the contract is not renewed or �. extended on or after January 30, 2022: Executive Order 14026 1 generally applies to the 1 contract. 1 The contractor must pay 1 all covered workers at 1 least $16.20 per hour (or 1 the applicable wage rate 1 listed on this wage 1 determination, if it is 1 higher) for all hours 1 spent performing on the 1 contract in 2023. 1 I Executive Order 13658 1 generally applies to the 1 contract. 1 The contractor must pay alil covered workers at least 1 $12.15 per hour (or the 1 applicable wage rate listed) on this wage determination,) if it is higher) for all hours spent performing on that contract in 2023. I I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 SUTX2011-002 08/02/2011 Rates CEMENT MASON/CONCRETE FINISHER (Paving & Structures) ... $ 13.55 ** ELECTRICIAN ......................$ 20.96 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 12.36 ** Structures ..................$ 13.52 ** I A i0' 0'7 Asphalt Raker ...............$ 12.28 ** Flagger.....................$ 9.30 ** Laborer, Common .............$ 10.30 ** Laborer, Utility ............ $ 11.80 ** Work Zone Barricade Servicer....................$ 10.30 ** POWER EQUIPMENT OPERATOR: Asphalt Distributer ......... $ 14.87 ** Asphalt Paving Machine ...... $ 13.40 ** Fringes Broom and Sweeper ........... $ 11.21 ** Crane, Lattice Boom 80 Tons or Less ................$ 16.82 Crawler Tractor Operator .... $ 13.96 ** Excavator, 50,000 lbs or less ........................$ 13.46 ** Front End Loader Operator, Over 3 CY...................$ 12.77 ** Front End Loader, 3CY or less ........................$ 12.28 ** Loader/Backhoe..............$ 14.18 ** Mechanic ....................$ 20.14 Milling Machine .............$ 15.54 ** Motor Grader, Rough ........ $ 16.15 ** Motor Grader, Fine .......... $ 17.49 Pavement Marking Machine .... $ 16.42 Reclaimer/Pulverizer........$ 12.85 ** Roller, Asphalt .............$ 10.95 ** Roller, Other ...............$ 10.36 ** Scraper .....................$ 10.61 ** Spreader Box ................$ 12.60 ** Servicer .........................$ 13.98 ** Steel Worker (Reinforcing) ....... $ 13.50 ** TRUCK DRIVER Lowboy -Float ................$ 14.46 ** Single Axle .................$ 12.74 ** Single or Tandem Axle Dump..$ 11.33 ** Tandem Axle Tractor with Semi ........................$ 12.49 ** ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" EXHIBIT B & C City of Lubbock Overtime Legal Holiday Prevailing Wage Rates The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. The rate for legal holidays shall be as required by the Fair Labor Standard Pate Intentionally Left Blank SPECIFICATIONS Page Intentionally Left Blank [f1 bboc k MAE SIMMONS PARKING LOT TECHNICAL SPECIFICATIONS MAY 2023 *; t 20LTAN FE�ETE t ## +' 95663 ;' r r�'`�•'•»fir D •;s,,�i \I TONAL 05/10/2023 MAE SU"ONS PARKING LOT TABLE OF CONTENTS DIVISION 1- GENERAL REQUIREMENTS 01010 Summary of Work..................................................................................................................... 4 01020 Measurement and Payment.............................................................................................................4 01027 Application for Payment.................................................................................................................2 01028 Change Order Procedures.......................................................................................................... 3 01039 Coordination and Meetings....................................................................................................... 2 01140 Work Restrictions...................................................................................................................... 3 01310 Progress Schedules.................................................................................................................... 2 01322 Photographic Documentation.................................................................................................... 2 01330 Submittal Procedures................................................................................................................. 6 01356 Storm Water Pollution Prevention Plan ..................................................................................... 4 01400 Quality Requirements................................................................................................................ 5 01555 Barricades, Signs and Traffic Handling....................................................................................1 01576 Waste Material Disposal............................................................................................................ 2 01600 Product Requirements............................................................................................................... 3 01700 Contract Closeout...................................................................................................................... 3 DIVISION 2 — SITE WORK 02050 Removal, Demolition and Salvage............................................................................................ 4 02221 Removing Existing Pavements.................................................................................................. 2 02240 Dewatering................................................................................................................................ 4 02260 Excavation Support and Protection........................................................................................... 3 02300 Earthwork..................................................................................................................................7 DIVISION 3 — CONCRETE 03300 Cast in Place Concrete ......................... 03300 Concrete Box Culverts and Drains ...... REFERENCES City of Lubbock Public Works Engineering Minimum Design Standards and Specifications. 13 .. 4 May 2023 TABLE OF CONTENTS TC - 1 MAE SIMMONS PARKING LOT SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A This section covers the description of the Work to be completed under these Specifications. B. The OWNER is the City of Lubbock. (1) Owner's Representative: Josh Kristinek, P.E., Assistant City Engineer (806) 775-3397 (2) Project Manager: Zoltan Fekete, P.E., Senior Civil Engineer (806) 775-3397 C. Section includes: (1) Definitions (2) Project description (3) Permits and licenses (4) Access to site (5) Contractor's use of the premises (6) Project schedule (7) Security Procedures (8) Coordination requirements (9) Pre -construction meeting (10) Warranty 12- DEFINITIONS A Furnish: To supply products to the project site, including delivering ready for unloading and replacing damaged and rejected products. B. Install: To put products in place in the work ready for the intended use, including unloading, unpacking, handling, storing, assembling, installing, erecting, placing, applying, anchoring, working, finishing, curing, protecting, cleaning, and similar operations. C. Provide: To furnish and install products. D. Indicated: Shown, noted, scheduled, specified, or drawn, somewhere in the contract May 2023 SUMMARY OF WORK 01010 - 3 MAE SIMMONS PARKING LOT documents. 13 PROJECT DESCRIPTION A Construction of Mae Simmons Parking Lot. B. Major work items are: (1) Installation of approximately 2800 square yards of asphalt pavement, (2) approximately 770 linear feet of curb and gutter, (3) approximately 570 square yards of concrete valley gutters, fillets, and driveways. C. The Contractor shall furnish all labor, equipment, and materials required for the complete construction of the work as shown on the drawings and specified herein. D. All work shall be performed in accordance with the most recent City of Lubbock Engineering Minimum Design Standards and Specifications 14 Work shall also include removal of existing concrete and asphalt pavement, removal of a tree, installation of underground electrical conduit, sidewalk, pavement markings, ADA ramps and other work items. 15 PERMITS AND LICENSES A Contractor shall provide qualifications to the Owner upon request to display evidence of competency and authority to perform required work. B. Contractor shall be responsible for obtaining all required permits. C. Contractor shall submit copies of all permits, licenses, and similar permissions obtained, and receipts for fees paid, to the Owner. 1.6 ACCESS TO SITES A Contractor shall limit access to the site to authorized personnel only. B. Contractor shall adequately barricaded open excavations and construction material and equipment as to prevent unauthorized personnel from accessing. May 2023 SUMMARY OF WORK 01010 - 4 MAE SIMMONS PARKING LOT C. The Owner shall locate and designate all manhole access points open and accessible for the work, and provide rights of access to these points. D. Contractor shall coordinate with the City Solid Waste Services to maintain trash pickup schedules when working with in the alley right of way. 1.7 CONTRACTOR'S USE OF THE PREMISES A The space available to the Contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project, is restricted to the area shown on the site plan of the contract drawings unless the Contractor makes arrangements to use additional space with the Owner. B. The contractor shall ensure that any disturbed area is left in a condition equal to or better condition before finishing construction in the area. 1.8 PROJECT SCHEDULE A. The Work summarized above shall be substantially completed within 60 calendar days from the date of the Notice to Proceed. B. There will be a $300 per day liquidated damages for each day that exceeds the additional 15 day limit for final completion. C. Within five (5) business days after the date of the Substantial Completion Certificate, the Engineer shall issue a Final Punch List of items to be corrected prior to Final Completion. D. Punch list items shall be complete within 10 calendar days from the date of the Final Punch List. There shall be $200 per day liquidated damages assessed for each day that exceeds the 30 day limit. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION 3.1 SECURITY PROCEDURES A Contractor shall limit access to the site to persons involved in the work. R Contractor shall provide secure storage for materials for which the owner has made payments and which are stored on site. C. Contractor shall secure completed work as required to prevent loss or damage. D. Contractor shall secure sites by means of fencing, security guards, or other means to prevent damage, theft, safety hazards, or other problems on the site. May 2023 SUMMARY OF WORK 01010 - 5 MAE SIMMONS PARKING LOT E. The use of security personnel shall be cleared with the Owner. 32 COORDINATION REQUIREMENTS A Contractor shall inform the Owner when coordination of the work is required. R If necessary, inform each party involved, in writing, of procedures required for coordination; include requirements for giving notice, submitting reports, and attending meetings. C. Coordinate shop drawings prepared by separate entities. D. Show installation sequence when necessary for proper installation. 33 PRE -CONSTRUCTION MEETING A A pre -construction meeting will be held at City Hall within ten (10) days of the date ofNotice to Proceed and prior to any construction taking place. 34 WARRANTY A Contractor shall warrant 100% of the project for two (2) years after the date of substantial acceptance of the work. R On the twenty-third (23) month from the date of final acceptance, an Owner's representative will schedule an inspection with the presence of the Contractor to inspect for defects and assessment of the work performed. C. Any work that is considered defective by the Owner's representative will be repaired. D. The Contractor shall remedy any defects in workmanship, and pay for any and all damages of any nature whatsoever resulting in defects at no cost to the Owner. END OF SECTION May 2023 SUMMARY OF WORK 01010 - 6 MAE SIMMONS PARKING LOT SECTION 01020 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.0 SCOPE A The following sections shall be used to define measurements and payments for this project. The unit price bid on each item as stated in the bid proposal shall include furnishing all labor, superintendence, machinery, equipment, and materials except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. Only those items indicated on bid documents and plan sheets will be included for construction and payment. 1.1 MOBILIZATION A The cost for mobilization shall be limited to no more than 5% of the Contract amount for construction items (materials and labor) bid for this project. R Mobilization shall include costs associated with move -in related equipment and labor, bid bond, performance and construction bonds and insurance related for this project. This would include the establishment and removal of offices, plants and facilities, movement of personnel, equipment, and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items. This Item will be measured by the lump sum as the work progresses. C. Payment. Partial payments of the lump sum bid for mobilization will be as follows. The adjusted Contract amount for construction Items as used below is defined as the total Contract amount less the lump sum for mobilization. (1) The project has Five (5) major locations, Avenue D, 74t' Street, 13t' Street, Avenue Q, and Locust Avenue. Once the contractor has fully mobilize and work has been started at each location, 20% of the mobilization lump sum bid will be paid per location. 12 STORM WATER POLLUTION PREVENTION PLAN Payment will be made on a lump sum basis for the Storm Water Pollution Prevention Plan. Partial payment will be made on a pro-rata basis as a percentage of the construction contract duration. The sum of the partial payments made for storm water pollution prevention shall not exceed 90% of the lump sum price bid for storm water pollution prevention prior to the termination of the construction contract. No partial payment will be made for partial storm water pollution prevention measures. Payment shall not be made for this item where the Owner determines a lack of evidence that storm water pollution prevention measures were used, or that the measures installed do not meet the requirements of the plan. No additional payments will be allowed where storm water pollution prevention is required because of work being remedied due to not meeting the requirements of the plans and specifications. The unit price bid shall include furnishing and installing all materials, filing Notice of Intent/Termination forms, inspections, maintenance, silt fences, hay bales, sand bags, diversion swales and any other measure and/or incidentals required for compliance with NPDES Permit. May 2023 MEASUREMENT AND PAYMENT 01020 - 1 MAE SIMMONS PARKING LOT 14 ASPHALT REMOVAL A Measurement will be made of the area, in square yards, of existing pavement structure asphalt actually removed. Existing pavement structure will be considered all layers of material between existing roadway surface and top of existing subgrade. Payment will be made at the unit price bid per square yard of existing asphalt pavement structure removed. The Contractor shall ensure that the Owner has the opportunity to measure the square yards of pavement surface prior to removal. If pavement surface is removed without measurement by the Owner, no payment will be made for that removal. The unit price bid shall include sawing, separating for salvage, legal disposal, labor and equipment, and any incidental asphalt paving repair. 15 CONCRETE REMOVAL A Measurement will be made of the area, in square yards, of existing concrete pavement, valley gutters, foundations, sidewalks, driveways, curb and gutter and other appurtenances actually removed. Existing concrete pavement and valley gutters will be considered all layers of material between existing roadway surface and top of existing subgrade. Payment will be made at the unit price bid per square yard of concrete removed. The contractor shall ensure that the Owner has the opportunity to measure the square yards of concrete prior to removal. If concrete is removed without measurement by the Owner, no payment will be made for that removal. The unit price bid shall include sawing, separating for salvage, legal disposal, labor and equipment, and any incidental concrete repair. B. Removal and relocation of miscellaneous items such as street signs as indicated on the plans shall be considered subsidiary to this item and will not be paid for directly. 1.6 24" COL TYPE A CURB AND GUTTER A Measurement will be made of the linear feet of curb and gutter actually constructed. Curb and gutter will be paid for at the unit price bid per linear foot. The unit price bid shall include furnishing and installing all materials, forming, finishing, jointing, and all incidentals necessary to complete the work. 1.7 6" CONCRETE VALLEY GUTTER AND FILLETS A Measurement will be made of the area, in square yards, of fillets and valley gutters actually constructed. Fillets and valley gutters will be paid for at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, jointing, utility valve adjustments and all incidentals necessary to complete the work. 1.8 6" CONCRETE ALLEY RETURNS AND DRIVEWAYS Measurement will be made of the area, in square yards, of Concrete alley returns and driveways actually constructed. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, jointing, and all incidentals necessary to complete the work. 19 2.5" HMAC COL TYPE C A Measurement will be made of the area, in square yards, of hot mix asphalt pavement actually constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all pavement structure layers including subgrade densification and caliche base according to City of Lubbock standards, tack and prime coats, compaction, testing and all incidentals necessary to complete the work. B. All excavation and embankment needed to construct the roadway improvements to grade will be subsidiary to this item. May 2023 MEASUREMENT AND PAYMENT 01020 - 2 MAE SIMMONS PARKING LOT C. Any unsuitable material shall be removed and replaced by the contractor will be subsidiary to this bid item. 1.11 ADA RAMPS A Measurement will be paid for at the unit bid price per each ADA ramp. ADA ramp consists of the ramp, landing, adjacent flares or side curb, and detectable warning surface as shown on the plans. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, jointing, truncated domes, and all incidentals necessary to complete the work. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION May 2023 MEASUREMENT AND PAYMENT 01020 - 3 MAE SIMMONS PARKING LOT SECTION 01027 APPLICATIONS FOR PAYMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SECTION INCLUDES A Procedures for preparation and submittal of Applications for Payment. 13 RELATED SECTIONS A Agreement: Contract Sum/Price and unit prices. B. General Conditions: Progress Payments and Final Payment. C. Section 01020 — Measurement and Payment. D. Section 01028 - Change Order Procedures: Procedures for changes to the Work. E. Section 01330 - Submittal Procedures. F. Section 01700 - Contract Closeout. 14 FORMAT A EJCDC No. 1910-8-E - Application for Payment including continuation sheets when required, or Owner forms, or Owner -approved form of the Contractor. B. For each item, provide a column for listing: Item Number; Description of work; Scheduled Value, Previous Applications; Work in Place; Authorized Change Orders; Total Completed; Percentage of Completion; Balance to Finish; and Retainage. 15 PREPARATION OF APPLICATIONS A Present required information in typewritten form or computer generated Excel Spreadsheet. B. Execute certification by signature of authorized officer. C. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. D. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item ofWork. E. Prepare Application for Final Payment as specified in Section 01700. 1.6 SUBMITTAL PROCEDURES A Submit two (2) copies of each Application for Payment. B. Submit an updated construction schedule, materials received, and manifest with each Application for Payment. Payment will not be made until an up-to-date schedule is received. C. Payment Period: Monthly, submit application for payment on or about the 1011 day of each month. D. Submit the following along with the application for final payment: May 2023 APPLICATIONS FOR PAYMENTS 01027 - 1 MAE SIMMONS PARKING LOT (1) The documentation for the completed project. (2) Signed affidavit from a Notary Public that all claims on this job have been settled and that all bills owed by the Contractor for the project including materials and labor have been paid. (3) One (1) year Contractor Warranty for work performed, signed and sealed by a Notary Public. 1.7 SUBSTANTIATING DATA A When Engineer requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION May 2023 APPLICATIONS FOR PAYMENTS 01027 - 2 MAE SIMMONS PARKING LOT SECTION 01028 CHANGE ORDER PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A Submittals. B. Documentation of change in Contract Sum/Price and Contract Time. C. Change procedures. D. Stipulated Price change order. E. Unit price change order. F. Time and material change order. G. Execution of change orders. H. Correlation of Contractor submittals. 1.3 RELATED SECTIONS A Section 01027 -Applications for Payment. B. Section 01330 -Submittal Procedures. C. Section 01600 -Product Requirements. D. Section 01700 - Contract Closeout. 1.4 SUBMITTALS A Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. B. Change Order Forms: EJCDC 1910-8-B Change Order, Owner's form, or other form approved by Owner. 1.5 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACTTIME A Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. Provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. May 2023 CHANGE ORDER PROCEDURES 01028 - 1 MAE SIMMONS PARKING LOT 5. Credit for deletions from Contract, similarly documented. 6. If subcontracted, provide subcontractor documentation according to General Contract Conditions and this specification. Show Contractor markup on subcontractor changes. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. Show Contractor markup on subcontractor work. 1.6 CHANGE PROCEDURES A The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time as authorized by the Contract by issuing supplemental instructions by letter. B. The Engineer may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications and a change in Contract Time for executing the change. Contractor will prepare and submit an estimate within 7 days. C. The Contractor may propose a change by submitting a request for change to the Engineer, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. Document any requested substitutions in accordance with Section 01600. 1.7 CONSTRUCTION CHANGE AUTHORIZATION A Engineer may issue a document, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum/Price or Contract Time. C. Promptly execute the change in Work. 1.8 STIPULATED PRICE CHANGE ORDER A Based on Proposal Request and Contractor's maximum price quotation or Contractor's request for a Change Order as approved by Engineer. 1.9 UNIT PRICE CHANGE ORDER A For pre -determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Construction Change Authorization. C. Changes in Contract Sum/Price or Contract Time will be computed as specified for Time and Material Change Order. May 2023 CHANGE ORDER PROCEDURES 01028 - 2 MAE SIMMONS PARKING LOT 1.10 TIME AND MATERIAL CHANGE ORDER A Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B. Engineer will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE ORDERS A Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum/Price. B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub - schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION May 2023 CHANGE ORDER PROCEDURES 01028 - 3 MAE SIMMONS PARKING LOT SECTION 01039 COORDINATION AND MEETINGS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SECTION INCLUDES A Coordination. R Preconstruction meeting. C. Progress meetings. 13 COORDINATION A Coordinate scheduling, submittals, and work of the various Sections of the Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. R Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion. C. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 14 PRECONSTRUCTION MEETING A Engineer will schedule a meeting with the required attendees. R Attendance Required: Owner, Engineer, Contractor and major Subcontractors. C. Agenda: 1. Distribution of executed Contract Documents. 2. Submission of list of Subcontractors, list of products and progress schedule. 3. Designation of personnel representing the parties in Contract and the Engineer. 4. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. 5. Schedules. 6. Scheduling activities of construction testing lab. 7. Use of premises by Owner and Contractor. 8. Owner's requirements. 9. Construction facilities and controls provided by Owner. 10. Survey layout. 11. Security and housekeeping procedures. 12 Procedures for testing. 13. Procedures for maintaining record documents. May 2023 COORDINATION AND MEETINGS 01039 - 1 MAE SIMMONS PARKING LOT 14. Inspection and acceptance of equipment or improvements put into service during construction period. 15. Other items as deemed necessary by Owner orEngineer. D. Engineer will record minutes and distribute copies to participants. 15 PROGRESS MEETINGS A Schedule and administer meetings throughout progress of the Work at maximum bi-weekly intervals. R Engineer will make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. & Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. E. Engineer will record minutes and distribute copies to participants. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION May 2023 COORDINATION AND MEETINGS 01039 - 2 MAE SIMMONS PARKING LOT SECTION 01140 WORK RESTRICTIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SECTION INCLUDES A Use of premises. R Special scheduling requirements. C. Working period. D. Noise restrictions. E. Advance notice. F. Water for construction. 13 USE OF PREMISES A Use of Site: Limit use of premises to work within defined right-of-way and easements shown on the plans. Do not disturb portions of site beyond areas in which the Work is indicated. 1. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to employees and emergency vehicles at all times, except when construction is immediately at that vicinity. Do not use these areas for parking or storage of materials. a. Schedule construction to minimize obstruction of driveways and entrances. 14 SPECIAL SCHEDULING REQUIREMENTS A Have materials, equipment, and personnel required to perform the work at the site prior to the commencement of the work. B. Permission to interrupt any utility service shall be requested in writing a minimum of 14 calendar days prior to the desired date of interruption. C. The work under this contract requires special attention to the scheduling and conduct of the work in connection with existing operations. Identify on the construction schedule each factor which constitutes a potential interruption to operations. 15 WORKING PERIOD A Working Hours - Regular working hours shall be within an 11 hour period between 7:00 a.m. and 6:00 p.m., Monday through Friday, and an eight hour period between 9:00 a.m. and 5:00 p.m. on Saturday. Saturday work shall be restricted to those activities that do not require observation by the Owner. The Owner reserves the right, at the Owner's discretion, to not allow work when it interferes with holiday times and traffic. No work shall be performed on the following holiday periods or days: 1. New Year's Day (observed) 2 Martin Luther King Day (Observed) May 2023 WORK RESTRICTIONS 01140 - 1 MAE SIMMONS PARKING LOT 3. Good Friday (Observed) 4. Memorial Day Holiday (observed) 5. Independence Day Holiday (observed) 6. Labor Day Holiday (observed) 7. Thanksgiving Day Holiday plus the Friday following Thanksgiving Day (Observed). 8. Christmas Eve and Christmas Day (Observed). B. Work Outside Regular Hours - Work outside regular working hours requires Owner's approval. Make application 7 Calendar days prior to such work to allow arrangements to be made by the Owner for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. Based on the justification provided, the Owner may approve work outside regular hours. During periods of darkness, the different parts of the work shall be lighted in a manner approved by the Owner. Lighting shall be such that it does not cause nuisance conditions. C. The drawings contain specific requirements that affect certain areas of the work. 1.6 NOISE RESTRICTIONS A 75 dB limit at face of nearest structure during normal daylight hours. B. 65 dB limit at face of nearest structure during evening and nighttime hours in or near residential areas and for 24-hour working conditions that have received Owner approval. Evening and nighttime hours shall be defined as 6:00 p.m. to 7:00 a.m. C. Contractor shall keep on site OSHA -approved hand portable sound measurement equipment for both the Owner's and the Contractor's use for measuring noise levels. 1.7 ADVANCE NOTICE A Contractor shall provide a minimum of five business days advance written notice of construction to businesses and residences along the construction route. 1. The advance written notice shall be in the form of a single -page flyer to be placed by hand by the Contractor's forces in mailboxes, door handles or handed to applicable individuals at each route building. 2. The text for the advance written notice will be provided by the Owner in written form and electronic form. 3. Reproduction shall be at the Contractor's expense. 4. Distribution shall be at the Contractor's expense. 5. Single -page flyers shall be of a paper or post -card color other than white to direct the recipient's attention to the information. 6. The text shall contain the anticipated beginning date of inconvenience to the recipient and the anticipated duration of that inconvenience. 7. The dates shall encompass the duration of driveway inconveniences and potential noise to the recipients on a single city block (i.e., the dates and durations shall reflect the time that the city block of interest will be affected by non-trafficability). B. Prior to closing any street or thoroughfare for any length of time, the Contractor shall notify the following a minimum of 5 business days in advance: May 2023 WORK RESTRICTIONS 01140 - 2 MAE SIMMONS PARKING LOT 1. All Emergency Services - Fire, Police, EMS 2. City of Lubbock Solid Waste Department 3. Lubbock Independent School District 4. Durham Transportation 5. TxDOT 6. Lubbock Avalanche Journal 7. Press release for local radio and television stations 1.8 WATER FOR CONSTRUCTION A Obtaining water for construction is Contractor's sole responsibility. B. Water is available from the potable water system of the City of Lubbock for construction purposes. The Contractor is responsible for all charges and arrangements for water consumption from the potable water system. The Contractor shall make such arrangements directly with the City of Lubbock Water Utilities Department. The City will not furnish potable water free of charge for the construction work. Contractor is responsible for any required metering and hauling. C. Water from park area lakes shall not be used for construction. D. This section does not preclude Contractor from seeking other water sources for use in construction. Such water sources shall meet the purity requirements for the intended use. Such arrangements for water from other sources are the responsibility of the Contractor. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 WORK AREA LIMITS A Prior to any construction, the Contractor shall mark the areas that need not be disturbed under this contract. Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. The Contractor's personnel shall be knowledgeable of the purpose for marking and/or protecting particular objects. END OF SECTION May 2023 WORK RESTRICTIONS 01140 - 3 MAE SIMMONS PARKING LOT SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SECTION INCLUDES A Format. R Content. C. Revisions to schedules. D. Submittals. E. Distribution. 13 RELATED SECTIONS A Section 01027 -Applications for Payment. R Section 01330 -Submittal Procedures. 14 FORMAT A Sequence of Listings: The chronological order of the start of each item of Work. B. Scale and Spacing: To provide space for notations and revisions. C. Sheet Size: Minimum 8 1/2 x 11 inches. D. Maintain monthly updates to schedule. 15 CONTENT A Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. R Identify each item by specification Section number. C. Provide sub -schedules to define critical portions of the entire Schedule. D. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. E. Provide separate schedule of submittal dates for shop drawings, product data, samples, and dates reviewed submittals will be required from Engineer. 1.6 REVISIONS TO SCHEDULES A Indicate progress of each activity to date of submittal, and projected completion date of each activity. R Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. May 2023 PROGRESS SCHEDULES 01310 - 1 MAE SIMMONS PARKING LOT 1.7 SUBMITTALS A Submit initial Schedules within 10 days after date established in Notice to Proceed. After review, resubmit required revised data within 10 days. R Submit revised Progress Schedules with each Application for Payment. C. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. 1.8 DISTRIBUTION A Distribute copies of reviewed Schedules to Engineer's project file, Subcontractors, suppliers, and other concerned parties. R Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION May 2023 PROGRESS SCHEDULES 01310 - 2 MAE SIMMONS PARKING LOT SECTION 01322 PHOTOGRAPHIC DOCUMENTATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SECTION INCLUDES A This Section includes administrative and procedural requirements for the following: 1. Preconstruction photographs. 2 Periodic construction photographs. 3. Preconstruction videotapes. 4. Periodic construction videotapes. 13 RELATED SECTIONS A Section 01330 -Submittal Procedures for submitting construction photographs. 14 SUBMITTALS A Submit two (2) complete sets of preconstruction photographs or videotape to Engineer. All three sets will be retained by the Owner and the Engineer. 1. Identification: On back of each print, videotape, or CD, provide an applied label or rubber-stamped impression with the following information: a. Name of Project. b. Name and address of photographer. c. Name of Engineer. d. Name of Contractor. e. Date photograph was taken. f. Description of vantage point, indicating location, direction (by compass point), and elevation or story of construction. 2 Digital Images: Submit a complete set of digital image electronic files with each submittal of prints. Identify electronic media with date photographs were taken. Submit images that have the same aspect ratio as the sensor, uncropped. PART 2 - PRODUCTS Not Used May 2023 PHOTOGRAPHIC DOCUMENTATION 01322 - 1 MAE SIMMONS PARKING LOT PART 3 - EXECUTION 3.1 PHOTOGRAPHS, GENERAL A Field Office Prints: Retain one set of prints of preconstruction photographs in the field office at Project site, available at all times for reference. Identify photographs the same as for those submitted to Engineer. 32 CONSTRUCTION PHOTOGRAPHS A Preconstruction Photographs: Before starting construction, take color photographs of Project site and surrounding properties from different vantage points, or as directed by Engineer. 1. Take photographs to show existing conditions adjacent to the property before starting the Work. 2 Take photographs of existing structures either on or adjoining the property to accurately record the physical conditions at the start of construction. B. Periodic Construction Photographs: As needed to document damage either directly related to or inadvertently related to the Contractor's operations, photograph the area in question and provide to Engineer. 33 CONSTRUCTION VIDEOS, GENERAL A Narration: Describe scenes on video by audio narration by microphone while video is recorded. Include description of items being viewed, recent events, and planned activities. Describe vantage point, indicating location, and direction (by compass point). 34 CONSTRUCTION VIDEOS A Preconstruction Video: Before starting construction, record video of Project site and surrounding properties from different vantage points, or as directed by Engineer. 1. Show existing conditions on and adjacent to Project site before starting the Work. 2 Show existing structures either on or adjoining Project site to accurately record the physical conditions at the start of construction. 3. Existing condition videos shall cover the entire project route. 4. Show protection efforts by Contractor. B. Periodic Construction Documentation: As needed to document damage either directly related to or indirectly related to the Contractor's operations, video the area in question and provide to Engineer. END OF SECTION May 2023 PHOTOGRAPHIC DOCUMENTATION 01322 - 2 MAE SIMMONS PARKING LOT SECTION 01330 SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SUMARRY A This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous submittals. 13 DEFINITIONS A Action Submittals: Written and graphic information that requires Owner's or Engineer's responsive action. Submittals may be rejected for not complying with requirements. B. Informational Submittals: Written information that does not require Owner's or Engineer's approval. Submittals may be rejected for not complying with requirements. 14 SUBMITTAL PROCEDURES A Coordination: Coordinate preparation and processing of submittals with performance of construction activities. (1) Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. (2) Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a Owner and Engineer reserve the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. B. Submittals Schedule: Comply with requirements in Section 01310 "Progress Schedules" for list of submittals and time requirements for scheduled performance of related construction activities. C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Owner's or Engineer's receipt of submittal. (1) Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. Owner or Engineer will advise Contractor when a submittal being processed must be delayed for coordination. (2) If more than five submittals are transmitted for review within any five-day period, the time allowed for review will be increased to 21 days. (3) Concurrent Review: Where concurrent review of submittals by Engineer's consultants, Owner, or other parties is required, allow 21 days for initial review of each submittal. (4) If intermediate submittal is necessary, process it in same manner as initial submittal. (5) Allow 15 days for processing each resubmittal. Each resubmittal will count toward the submittal count in any five-day period in paragraph 1.4.C.2 above. May 2023 SUBMITTAL PROCEDURES 01330 - 1 MAE SIMMONS PARKING LOT (6) No extension of the Contract Time will be authorized because of failure to transmit submittals sufficiently in advance of the Work to permit processing. D. Format (1) Submit all submittals digitally using .PDF file extension. Each submittal shall be a single .PDF file including transmittal letter. Multiple files for the same submittal will not be accepted. (2) Submittals in any other format, including .ZIP files, will be rejected. (3) Hard copies will not be accepted. (4) To ensure each page is legible, .PDF pages of drawings shall be the same size/scale as a hard copy. Where applicable, scale symbols should be provided to indicate scale. Illegible submittals will be rejected. E. Identification: Place a permanent label or title block on each submittal for identification. (1) Indicate name of firm or entity that prepared each submittal on label or title block. (2) Provide a space approximately 4 x 8 inches on label or beside title block to record Contractor's review and approval markings and action taken by Owner or Engineer. (3) Include the following information on label for processing and recording action taken: a. Project name. b. Date. c. Name and address of Owner. d Name and address of Contractor. e. Name and address of subcontractor. f Name and address of supplier. g. Name of manufacturer, if different than supplier. h. Unique identifier, including revision number. i Number and title of appropriate Specification Section. j. Drawing number and detail references, as appropriate. k Other necessary identification. F. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract Documents on submittals. G. Additional Copies: Submit five copies to Owner or Engineer. Submit additional copies if required by Contractor for his work. Unless additional copies are required for final submittal, and unless Owner or Engineer observes noncompliance with provisions of the Contract Documents, initial submittal may serve as final submittal if approved by Owner or Engineer. H. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a consecutively numbered transmittal form. Owner and/or Engineer will discard submittals received from sources other than Contractor. (1) On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Owner or Engineer on previous submittals, and deviations from requirements of the Contract Documents, May 2023 SUBMITTAL PROCEDURES 01330 - 2 MAE SIMMONS PARKING LOT including minor variations and limitations. Include the same label information as the related submittal. (2) Include Contractor's certification stating that information submitted complies with requirements of the Contract Documents. (3) Transmittal Form: Use Contractor's business transmittal form. Provide locations on form for the following information: a Project name. b. Date. c. Submittal number. d Destination (To:). e. Source (From:). f Names of subcontractor, manufacturer, and supplier. g. Category and type of submittal. h Submittal purpose and description. i Submittal and transmittal distribution record. j. Remarks. k Signature of transmitter. L Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. J. Use for Construction: Use only final submittals with mark indicating action taken by Owner or Engineer in connection with construction. PART 2 - PRODUCTS 21 ACTION SUBMITTALS A General: Prepare and submit Action Submittals required by individual Specification Sections. (1) Number of Copies: Submit five copies of each submittal, unless otherwise indicated. The five copies will be retained by the Owner or Engineer. Any additional copies that the Contractor may need for his operations will be in addition to the five copies required. R Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. (1) If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings. (2) Mark each copy of each submittal to show which products and options are applicable. (3) Include the following information, as applicable: a. Manufacturer's product specifications. b. Manufacturer's installation instructions. c. Standard color charts. May 2023 SUBMITTAL PROCEDURES 01330 - 3 MAE SIMMONS PARKING LOT d. Manufacturer's catalog cuts. e. Printed performance curves. f. Compliance with recognized testing agency standards. g. Application of testing agency labels and seals. h. Notation of coordination requirements. C. Shop Drawings: Prepare Project -specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. (1) Preparation: Include the following information, as applicable: a. Dimensions. b. Identification of products. c. Fabrication and installation drawings. d. Schedules. e. Design calculations. f. Compliance with specified standards. g. Notation of coordination requirements. h. Notation of dimensions established by field measurement. (2) Sheet Size: Submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 11 x 17 inches. (3) Number of Copies: Submit five copies of each shop drawing submittal. Owner and Engineer will retain all five copies. 22 INFORMATIONAL SUBMITTALS A Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. Include the following, as applicable: (1) Preparation of substrates. (2) Required substrate tolerances. (3) Sequence of installation or erection. (4) Required installation tolerances. (5) Required adjustments. (6) Recommendations for cleaning and protection. B. Manufacturer's Field Reports: Prepare written information documenting factory -authorized service representative's tests and inspections. Include the following, as applicable: (1) Name, address, and telephone number of factory -authorized service representative making report. (2) Statement on condition of substrates and their acceptability for installation of product. (3) Statement that products at Project site comply with requirements. May 2023 SUBMITTAL PROCEDURES 01330 - 4 MAE SIMMONS PARKING LOT (4) Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. (5) Results of operational and other tests and a statement of whether observed performance complies with requirements. (6) Statement whether conditions, products, and installation will affect warranty. () Other required items indicated in individual Specification Sections. C. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. D. Construction Videotapes: Comply with requirements in Section 01322 - Photographic Documentation. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Owner or Engineer. R Approval Stamp: Stamp each submittal with a uniform approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 32 OWNER'S AND ENGINEER'S ACTION A General: Owner or Engineer will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Owner or Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. Owner or Engineer will provide an action review sheet and will mark appropriately to indicate action to be taken, as follows: (1) No exception taken. (2) Make corrections noted. (3) Revise and resubmit. (4) Rejected. (5) The submittal review by the Engineer indicates that the Engineer checked for: a General conformance with the design concept of the project and general compliance with the information given in the contract documents. Any action shown is subject to the requirements of the plans and specifications. Contractor is responsible for confirming and correlating all quantities and dimensions; selecting fabrication processes and techniques of construction; and performing his work in a satisfactory manner. C. Informational Submittals: Owner or Engineer will review each submittal and will not return it, or will reject and return it if it does not comply with requirements. D. Submittals not required by the Contract Documents will not be reviewed and may be discarded. May 2023 SUBMITTAL PROCEDURES 01330 - 5 MAE SIMMONS PARKING LOT END OF SECTION May 2023 SUBMITTAL PROCEDURES 01330 - 6 MAE SIMMONS PARKING LOT SECTION 01356 STORM WATER POLLUTION PREVENTION PLAN (SWP3) PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 GENERAL A The Contractor shall implement the Storm Water Pollution Prevention measures specified in the Storm Water Pollution Prevention Plan (SWP3) in a manner which will meet the requirements of the Texas Pollution Discharge Elimination System (TPDES) General Permit No. TXR150000. The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, failure to adequately implement and adjust the storm water pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or any other fines or penalties assessed by TCEQ or EPA for failure to comply with any part of the permit requirements. The Contractor shall submit a Notice of Intent and a Notice of Termination independently of the Owner. R The document provided in the plans is to serve as a skeleton for the Storm Water Pollution Prevention Plan and is provided only as a convenience to the Contractor. It is the Contractor's responsibility to ensure that his Storm Water Pollution Prevention Plan is in full compliance with the TPDES permit. The Contractor shall modify the document as necessary to show implementation plans, dates of construction activities, best management practices, inspection reports, and any other information pertinent to the plan or otherwise required to ensure that the plan remains in compliance with permit. C. Fines levied against the Owner by the TCEQ for the Contractor's failure to comply with and maintain the SWP3 shall be paid by the Contractor. D. Storm water must be adequately routed during construction operations in the same general direction as currently occurs. 1.3 EROSION AND SEDIMENT CONTROLS A General 1. Structural measures shall be implemented to divert flows from exposed soils, temporarily store flows, or otherwise limit run-off and the discharge of pollutants from exposed areas of the site. Structural practices shall be implemented as specified in the SWP3 and in a timely manner during the construction process to minimize erosion and sediment run-off. R Stabilized Ingress/Egress 1. Stabilized access to and from the construction site shall be installed as soon as practical and in accordance with the SWP3. May 2023 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 1 MAE SIMMONS PARKING LOT 2 In all cases, Contractor shall ensure that any soil tracked off -site is cleaned from existing roads, alleys, and any adjacent properties as soon as possible. The Contractor or other responsible party shall check for any pollutants (mud, silt, sand, cement, construction materials, etc.) tracked or washed off -site and perform necessary clean- ;n measures at the end of each work day. G Silt Fences/Diversion Berms 1. The Contractor shall provide silt fences and/or diversion berms as a temporary structural practice to minimize erosion and sediment runoff. Silt fences and/or diversion berms shall be properly installed to effectively retain sediment immediately after completing each phase of work where erosion would occur in the form of sheet and rill erosion (e.g. clearing and grubbing, excavation, embankment, and grading). D. Sand/Gravel Bags 1. The Contractor may provide sand/gravel bags as a temporary structural practice to minimize erosion and sediment runoff. Bags shall be properly placed to effectively retain sediment immediately after completing each phase of work (e.g., clearing and grubbing, excavation, embankment, and grading) in each independent runoff area (e.g., after clearing and grubbing in an area between a ridge and drain, bags shall be placed as work progresses, bags shall be removed/replaced/relocated as needed for work to progress in the drainage area). Sand/gravel bags must remain in good condition, or they shall be replaced. E. Site Stabilization 1. Contractor shall disturb the least amount of site area as possible. 2. Stabilization measures may include, but are not limited to, any of the following measures: a. Temporary or permanent seeding or sodding. b. Mulching. C. Geotextiles. d. Vegetative buffer strips. e. Paving. 3. Stabilization measures shall be implemented in accordance with the SWP3. PART 2 - PRODUCTS 2.1 COMPONENTS FOR SILT FENCES A. Filter Fabric 1. The geotextile shall comply with the requirements of ASTM D 4439, and shall consist of polymeric filaments which are formed into a stable network such that filaments retain their relative positions. The filament shall consist of a long -chain synthetic polymer composed of at least 85 percent by weight of ester, propylene, or amide, and shall contain stabilizers and/or inhibitors added to the base plastic to make the filaments resistant to deterioration due to ultraviolet and heat exposure. Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to May 2023 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 2 MAE SIMMONS PARKING LOT WN provide a minimum of six months of expected usable construction life at a temperature range of 0 to 120 degrees F. The filter fabric shall meet the following requirements: FILTER FABRIC FOR SILT FENCE PHYSICAL PROPERTY TEST PROCEDURE REQUIREMENT Grab Tensile ASTM D 4632 100 lbs. min. Elongation ASTM D 4632 30% max. Trapezoid Tear ASTM D 4533 55 lbs. min. Permittivity ASTM D 4491 0.2 sec-1 AOS (U.S. Std. Sieve) ASTM D 4751 20-100 B. Silt Fence Stakes and Posts 1. The Contractor may use either wooden stakes or steel posts for fence construction. Wooden stakes utilized for silt fence construction shall have a minimum cross section of 2 inches by 2 inches when hardwood is used and 2 inches by 4 inches when pine is used, and shall have a minimum length of 4 feet. Steel posts (standard "U" or "T" section) utilized for silt fence construction shall have a minimum weight of 1.33 pounds per linear foot and a minimum length of 4 feet. C. Identification Storage and Handling 1. Filter fabric shall be identified, stored and handled in accordance with ASTM D 4873. COMPOUNDS FOR STRAW BALES A. Straw Bales 1. The straw in the bales shall be stalks from oats, wheat, rye, barley, rice or from grasses such as Byhalia, Bermuda, etc., furnished in air dry condition. The bales shall have a standard cross section of 14 inches by 18 inches. All bales shall be either wire -bound or string -tied. The Contractor may use either wooden stakes or 3/8" rebar to secure the straw bales to the ground. Wooden stakes utilized for this purpose shall have a minimum dimensions of 2 inches x 2 inches in cross section and shall have a minimum length of 3 feet. Rebar utilized for securing straw bales shall have a minimum diameter of 3/8" and a minimum length of 3 feet. PART 3 - EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN A. The Storm Water Pollution Prevention Plan (SWP3) will be provided by the Contractor. Contractor must keep a copy of the SWP3 on site at all times. May 2023 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 3 MAE SIMMONS PARKING LOT B. A completed Notice of Intent (NOI) form must be submitted a minimum of 48 hours prior to start of construction. No work will be permitted until NOI is filed. C. Contractor shall maintain SWP3 in accordance with the TPDES permit to ensure that the SWP3 reflects current project conditions and remains in compliance with the TPDES permit. D. A completed Notice of Termination (NOT) form must be submitted prior to finalization of this contract. E. The Contractor shall furnish Owner with copy of NOI and NOT. END OF SECTION May 2023 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 4 MAE SIMMONS PARKING LOT SECTION 01400 QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SUMMARY A This Section includes administrative and procedural requirements for quality assurance and quality control. B. Construction materials testing services are required by the Contractor in order for the Engineer to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with the Contract Document requirements. (1) Specific quality -control requirements for individual construction activities are specified in the sections that specify those activities. Requirements in those Sections may also cover production of standard products. (2) Specified tests, inspections, and related actions do not limit Contractor's quality control procedures that facilitate compliance with the Contract Document requirements. 13 DEFINITIONS A Construction Materials Testing (CMT): CMT includes collecting of samples, performing well- defined test procedures, and reporting of such data. The Contractor will provide CMT for this project. (1) Quality -Control Services: Tests, inspections, procedures, and related actions performed by the Contractor during and after execution of the Work with results provided to the Engineer to evaluate that completed construction complies with requirements. Services do not include contract enforcement activities performed by Engineer. B. Construction Materials Engineering (CME): The assessment of a construction material for quality, appropriateness and acceptability is considered an engineering activity. The Contractor will not provide CME services for this project. CME services will be performed by the Engineer. (1) Quality -Assurance Services: Activities, actions and procedures performed by the Contractor before and during execution of the Work. Engineer will determine if the results of the Contractor's activities, actions and procedures are acceptable in guarding against defects and deficiencies and in ensuring that proposed construction complies with requirements. 14 SUBMITTALS A Qualification Data: For individuals employed by Contractor who will perform testing as required by the various specification Sections, submit at least 30 days prior to being used on the project the capabilities and experience of such individuals and the types of tests that the individual is qualified to perform. For outside testing agency employed by Contractor, submit at least 30 days prior to being used on the project the name, address and manager of such testing agency and the types of tests that the agency is qualified to perform. Such testing agency shall be acceptable to Owner prior to being used on the project. May 2023 QUALITY REQUIREMENTS 01400 - 1 MAE SIMMONS PARKING LOT B. Reports: Prepare and submit written reports within 14 days following the date of the test that include the following: (1) Date of issue. (2) Project title and number. (3) Name, address and telephone number of testing agency. If individual employed by Contractor, use Contractor's name, address and telephone number. (4) Dates and locations of samples and tests. (5) Names of individuals making tests. (6) Description of the work and test method. O Identification of material, product and specification Section. (8) Complete test data. (9) Test results. (10) Ambient conditions at time of sample taking and testing. (11) Provide a statement indicating if the test passed or failed according to the specified Contract Document requirements and the applicable specification Section. (12) Name and signature of individual performing the test if employee of Contractor, or name and signature of testing agency responsible person. C. Professional Engineer Qualifications: Where a Professional Engineer is required in the specification Sections, this means a Professional Engineer who is legally qualified to practice in the jurisdiction where the project is located and who is experienced in providing engineering services of the kind indicated. D. Testing Agency or Contractor Employee Qualifications: An agency or Contractor Employee with the experience and capability to conduct testing indicated, according to reference standards, and that has the capability and experience in the types of tests to be performed. E. Preconstruction Testing: Testing agency shall perform preconstruction testing with specified requirements for performance and test methods. The Contractor shall not perform preconstruction testing except through a third -party testing agency. F. Testing Agency Responsibilities: Submit written report containing the results of each test to Contractor. State in each report whether tested work passes or fails the specified Contract Document requirements and the applicable specification section. 15 QUALITY CONTROL A Owner Responsibilities: Where quality -control services are indicated as Owner's or Engineer's responsibility, such services may be performed by Owner's own forces or by a qualified testing agency to perform these services. (1) Owner or Engineer will furnish Contractor with names, addresses and telephone numbers of testing agencies engaged by Owner. (2) Owner may elect to have own forces, or a third -party testing agency, observe and report on competency of Contractor's personnel performing quality control testing, inspect and report on Contractor's quality control testing equipment and the calibration of that equipment, and inspect and report on Contractor's procedures for quality assurance of construction materials tests and test reports. May 2023 QUALITY REQUIREMENTS 01400 - 2 MAE SIMMONS PARKING LOT (3) Results from tests performed by Owners forces or third party testing agency remain the property of the Owner. The third party agency personnel are obligated to report results of such tests only to the Owner or Engineer, not the Contractor. The Owner or Engineer shall inform the Contractor of such results at their discretion. (4) The Owner shall notify the Contractor of reported deficiencies revealed by the above inspections and observations. The Contractor shall correct such deficiencies. Should such deficiencies remain uncorrected, then the amount of the work represented by the deficiencies will be deemed as not conforming to the requirements of the contract documents and the specifications. B. Contractor Responsibilities: Provide quality control services required in the various specification Sections. (1) Where third -party testing agency is engaged by Contractor, notify testing agency sufficiently in advance of the time and date when work that requires testing will be performed. (2) Contractor shall not engage the same testing agencies as the Owner, unless the Owner agrees in writing to such engagement. (3) Where testing is indicated as Contractor's responsibility, submit written reports in duplicate of each testing service, whether performed by Contractor's personnel or Contractor -engaged testing agency. Such reports shall include failing tests and retests. (4) Testing requested by Contractor and not required by Contract Documents are Contractor's responsibility. (5) Cooperate with Owner and Engineer for Owner's testing of work. Once the Owner or Engineer has given prior notification to the Contractor that confirmation testing by the Owner is to be performed, the Contractor shall provide or leave in place trench shields, ladders, elevators, lifts, or other equipment or temporary construction related to safety, access, and ingress -egress such that the Owner's testing representative can have safe accessibility to the specific site to be tested. Failure to provide these items when confirmation testing is scheduled shall be considered prima facie evidence that the work does not meet specifications and the Owner has the option of withholding payment for the work quantity that the test would represent. (6) Where Contractor's personnel are performing tests, provide individuals with appropriate equipment to perform the tests in accordance with the test method requirements. Provide alternate equipment where the specified test method cannot be applied, and where alternative test methods and equipment must be employed to provide the necessary quality control. C. Retesting: Regardless of whether original tests were Contractor's responsibility, provide quality -control services, including retesting, for construction that revised or replaced work that failed to comply with requirements established by the Contract Documents. D. Testing Agency Responsibilities: Cooperate with Engineer and Contractor in performance of duties. Provide qualified personnel and necessary equipment to perform required tests and inspections. (1) Notify Engineer and Contractor promptly of irregularities or deficiencies observed in the work during performance of its services. (2) Prepare a test report and state in each report whether tested and inspected work passes or fails the specified requirements. May 2023 QUALITY REQUIREMENTS 01400 - 3 MAE SIMMONS PARKING LOT (3) Submit a written report, in triplicate, of each test. (4) Do not release, revoke, alter, or increase requirements of the Contract Documents or approve or accept any portion of the Work. (5) Do not perform any duties of Contractor. E. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality -control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: (1) Access to the Work. (2) Incidental labor and facilities necessary to facilitate tests and inspections. (3) Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. (4) Facilities for storage and field -curing of test samples. (5) Additional associated services required of Contractor for testing access are listed in the specification Sections. (6) Delivery of samples to testing agencies. O Preliminary design mix proposed for use for material mixes that require control by testing agency. (8) Security and protection for samples and for testing and inspecting equipment at Project site. F. Coordination: Coordinate sequence of activities to accommodate required quality assurance and quality control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. (1) Schedule times for tests, inspections, obtaining samples, and similar activities. (2) Notify Owner's Representative at least 1 day prior to when testing of any kind is to be performed. G. Schedule of Tests and Inspections: Prepare a preliminary schedule of tests, inspections, and similar quality -control services required by the Contract Documents. Submit schedule within 30 days of date established for Notice to Proceed. (1) Distribution: Distribute schedule to Owner, Engineer, testing agencies, and each party involved in performance of portions of the Work where tests and inspections are required. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. May 2023 QUALITY REQUIREMENTS 01400 - 4 MAE SIMMONS PARKING LOT (1) Provide materials and comply with installation requirements specified in other Sections of these Specifications. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. R Protect construction exposed by or for quality -control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality -control services. END OF SECTION May 2023 QUALITY REQUIREMENTS 01400 - 5 MAE SIMMONS PARKING LOT SECTION 01555 BARRICADES, SIGNS AND TRAFFIC HANDLING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 DESCRIPTION A This Item shall govern for providing, installing, moving, replacing, maintaining, cleaning and removing upon completion of work, all barricades, portable barriers, signs, portable changeable message signs, cones, lights and other such type devices and of handling traffic as indicated on the plans or as directed by the Engineer or Owner. PART 2 - PRODUCTS 21 BARRICADES, SIGNS AND DEVICES A All barricades, signs and other types of devices listed above shall conform to details shown on the plans or those indicated in the Texas Manual on Uniform Traffic Control Devices (TMUTCD). All traffic control devices shall be crashworthy according to the guidelines set forth in the National Cooperative Highway Research Program (NCHRP) Report 350. PART 3 - EXECUTION 3.1 GENERAL A The Contractor shall propose his own Traffic Control Plan (TCP) as necessary for phased construction. B. This plan must be approved in writing by the Engineer or Owner in order to be used. O Prior to beginning work, the Contractor shall designate, in writing, a competent person who will be responsible and available on this project site or in the immediate are to insure compliance with the TCP. D. A barricade permit from the Traffic Engineering Department will be required. 32 MAINTENANCE A All retroreflective traffic control devices such as barricades, vertical panels, signs, etc., shall be maintained by cleaning, replacing or a combination thereof such that during darkness and rain the retroreflective characteristics shall equal or exceed the retroreflective characteristics of traffic industry standard reflective panels. END OF SECTION May 2023 BARRICADES, SIGNS AND TRAFFIC HANDLING 01555 - 1 MAE SIMMONS PARKING LOT SECTION 01576 WASTE MATERIAL DISPOSAL PART 1 - GENERAL 1.1 SUMMARY A Section Includes: (1) Submittals (2) Salvageable Material (3) Excess Material 12 SUBMITTALS A Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. B. Submit a copy of written permission from property owner, along with a description of property, prior to disposal of excess material adjacent to the Project. C. Submit a written and signed release from property owner upon completion of disposal work. D. Both written permission and signed release shall include hold -harmless clauses namingthe City of Lubbock, Texas as the entities to be held harmless in any subsequent legal proceeding. E. Both property permissions and signed releases shall be attested to by a notary public. PART2-PRODUCTS Not used PART 3 - EXECUTION 1.1 SALVAGEABLE MATERIAL A Asphalt Pavement and Asphalt Stabilized Base shall conform to requirements ofSection 02221 — Removing Existing Pavements. B. Coordinate the delivery of salvageable material to a specified location with the Owner. 12 EXCESS MATERIAL A Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of the Contractor and shall be removed from the job site and legally disposed of at a proper facility such as the West Texas Region Disposal Facility (WTRDF). B. Excess material may be disposed at the WTRDF at no additional cost to the Owner. (1) There will be a tipping fee per ton for construction debris and for excess uncontaminated soil. (2) There will also be a fee per load for every truck that is not covered properly when coming to the landfill. May 2023 WASTE MATERIAL DISPOSAL 01576 - 1 MAE SIMMONS PARKING LOT (3) For a complete list of fees associated with the WTRDF, please go to the City's website at http://solidwaste.ci.lubbock.tx.us/disposal/fees.aspx. (4) All tipping fees shall be considered to be included in the Contractor's bid prices. C. Excess soil maybe deposited on private property adjacent to the Project if approved by the Owner and when written permission is obtained from the property owner. D. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION May 2023 WASTE MATERIAL DISPOSAL 01576 - 2 MAE SIMMONS PARKING LOT SECTION 01600 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SECTION INCLUDES A Products. B. Transportation and handling. C. Storage and protection. D. Product options. E. Substitutions. 13 RELATED SECTIONS A Information to Bidders: Product options and substitution procedures. B. Section 01400 -Quality Requirements. 14 PRODUCTS A Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 15 PRODUCT DELIVERY, STORAGE AND HANDLING A Delivery 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2 Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction process. May 2023 PRODUCT REQUIREMENTS 01600 - 1 MAE SIMMONS PARKING LOT B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2 For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off -site storage and protection when site does not permit on -site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent mixing with foreign matter. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. 7. Arrange storage of products to permit access for inspection in a local warehouse. Periodically inspect to assure products are undamaged and are maintained under specified conditions. & Materials, products and equipment may be stored off site in a bonded and insured local warehouse approved by the Engineer and Owner. Pay all costs incurred for off -site storage facilities. Products properly stored in off -site storage facilities may be included in progress pay requests with written approval of the Owner. C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.6 PRODUCT OPTIONS A Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer notnamed. 1.7 SUBSTITUTIONS A For bidding purposes as provided in "Information to Bidders". B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A request constitutes a representation that the Bidder: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2 Will provide the same warranty for the Substitution as for the specified product. May 2023 PRODUCT REQUIREMENTS 01600 - 2 MAE SIMMONS PARKING LOT 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. 4 Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse Owner for review or redesign services associated with re -approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit four copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. 3. The Engineer will notify Contractor, in writing, of decision to acceptor reject request. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION May 2023 PRODUCT REQUIREMENTS 01600 - 3 MAE SIMMONS PARKING LOT SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SECTION INCLUDES A Closeout procedures. R Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. 13 RELATED SECTIONS A Section 01500 —Temporary Facilities and Controls. 14 CLOSEOUT PROCEDURES A Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. R Should the Engineer consider the work incomplete or defective: 1. The Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and submit a second written certification that the work is complete. 3. The Engineer will re -inspect the work. C. Provide submittals to Engineer that are required by governing or other authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 15 FINAL CLEANING A Execute final cleaning prior to final inspection. R Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. D. Repair, patch and touch-up marred surfaces to match adjacent finishes. 1.6 ADJUSTING A Adjust operating Products and equipment to ensure smooth and unhindered operation. May 2023 CONTRACT CLOSEOUT 01700 - 1 MAE SIMMONS PARKING LOT 1.7 PROJECT RECORD DOCUMENTS A Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Details not on original Contract Drawings. 4. Changes made by addenda and modification. F. Submit documents to Engineer as line segment installation is completed and with claim for final Application for Payment. 1.8 WARRANTIES A Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, andmanufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. F. Provide Affidavit of Bills Paid as required by General Contract Conditions and Owner. 19 SPARE PARTS AND MAINTENANCE MATERIALS A Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to project site and place in locations as directed; obtain receipt prior to final payment. May 2023 CONTRACT CLOSEOUT 01700 - 2 MAE SIMMONS PARKING LOT PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION May 2023 CONTRACT CLOSEOUT 01700 - 3 MAE SIMMONS PARKING LOT SECTION 02050 REMOVAL, DEMOLITION AND SALVAGE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SECTION INCLUDES A Disconnecting and capping of identified utilities. 13 RELATED SECTIONS A Section 01039 -Coordination and Meetings R Section 01600 —Product Requirements. C. Section 01700 -Contract Closeout: Project record documents. 14 JOINT INSPECTION A Prior to demolition, a joint inspection by the Owner, Engineer and Contractor will be made to determine condition of existing structures adjacent to items being demolished. Adjacent structures damaged by demolition operations must be restored satisfactorily at no expense to the Owner. 15 PROJECT RECORD DOCUMENTS A Submit under provisions of Section 01700 —Contract Closeout. B. Accurately record actual locations of capped utilities and subsurface obstructions. 1.6 QUALIFICATIONS A Experience in performing the Work of this Section. 1.7 DISPOSITION OF MATERIALS AND EQUIPMENT A Ownership of Material and Equipment (1) Certain materials and equipment may be designated for reuse or salvage and will remain the Owner's property. If the designated items are damaged during demolition, handling or storage, the items must be restored satisfactorily at no expense to the Owner. (2) Materials and equipment not designated for reuse or salvage become the Contractor's property. R Disposal. All materials and equipment not designated for reuse or salvage shall be disposed of by the Contractor at no expense to the Owner. C. Reuse. Other items may be designated for reuse as directed by the Owner's Representative. 1.8 REGULATORY REQUIREMENTS A Conform to applicable code for demolition of structures, safety of adjacent structures, dust control, runoff control and disposal. B. Obtain required permits from authorities. May 2023 REMOVAL, DEMOLITION AND SALVAGE 02050 - 1 MAE SIMMONS PARKING LOT C. Notify affected utility companies before starting work and comply with their requirements. D. Do not close or obstruct roadways, sidewalks or hydrants withoutpermits. E. Conform to applicable regulatory procedures when discovering hazardous or contaminated materials. 19 SCHEDULING A Schedule work under the provisions of Section 01039 —Coordination andMeetings. R Schedule Work to coincide with new construction. C. Describe demolition removal procedures and schedule. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 PREPARATION A Provide, erect, and maintain temporary barriers and security devices. B. Protect existing landscaping materials, appurtenances and structures which are not to be demolished. C. Prevent movement or settlement of adjacent structures. Provide bracing and shoring. D. Mark location of utilities. 32 PROTECTION OF PERSONS AND PROPERTY A The Contractor is responsible for providing protection of persons and property, including safe working conditions throughout work progress. B. Minimize the spread of dust and flying particles. Execute demolition in a manner to prevent damage from falling debris or other sources to Owner's property or adjacent property. C. Do not interfere with use of adjacent structures; maintain free and safe access at all times. Guard against movement or settlement of adjacent structures. The Contractor is responsible for safety and integrity of adjacent structures and, consequently, is liable for any movement or settlement and any resulting injuries or damage. Provide proper bracing and shoring necessary for support. If safety of adjacent buildings appears to be endangered, cease operations. Do not resume demolition until proper protective measures have been taken. 33 DEMOLITION REQUIREMENTS A Conduct demolition to minimize interference with adjacent structures. B. Cease operations immediately if adjacent structures appear to be in danger. Notify Engineer. Do not resume operations until directed. C. Conduct operations with minimum interference to public or private accesses. Maintain protected egress and access at all times. May 2023 REMOVAL, DEMOLITION AND SALVAGE 02050 - 2 MAE SIMMONS PARKING LOT D. Obtain written permission from adjacent property owners when demolition equipment will traverse, infringe upon or limit access to theirproperty. E. Sprinkle Work with water to minimize dust. Provide hoses and water connections for this purpose. 34 BLASTING A Blasting is not permitted on this project. 35 FIRES A Fires are not permitted on this project. 3.6 UTILITY SERVICES A Disconnecting Seal abandoned storm or sanitary sewers with concrete or by another approved method. B. Interruption When temporary interruption of utility service to an occupied building is required by the work, properly coordinate the outage to prevent untimely or damaging interruptions. 3.7 DEMOLITION A Disconnect, remove and cap designated utilities within demolition areas. B. Remove foundation walls and footings to a minimum of four feet below finished grade 10 feet beyond area of new construction. C. Remove concrete slabs on grade. D. Remove materials to be re -installed or retained in manner to prevent damage. Store and protect in accordance with requirements of Section 01600 — Product Requirements. E. Rough grade and compact areas affected by demolition to maintain site grades and contours. F. Remove demolished materials from site. G. Do not burn or bury materials on site. Leave site in clean condition. H. Remove all temporary work. 3.8 GENERAL WORK ITEMS A Contractor may use equipment and materials necessary to properly complete the demolition. Operational procedures are at the Contractor's option but must not interfere with the execution of other work. Materials or equipment designated for reuse or salvage shall be carefully removed, transported and stored in approved storage areas. B. Structures. Remove structures entirely, including footings, contents, attachments and improvements. Carefully remove and lower structural steel. C. Removing and Replacing Concrete. Use these procedures where existing concrete must be removed to facilitate operations but will be replaced subsequently. (1) Make initial cut with a concrete saw exercising care to avoid cutting reinforcement. (2) After removing concrete, cut cross bars at center of breakout and bend back. May 2023 REMOVAL, DEMOLITION AND SALVAGE 02050 - 3 MAE SIMMONS PARKING LOT (3) Before replacing concrete, bend bars back to the original position and provide a splice bar for each cut bar. Splice bars must be the size of cut bars and of a length to lap each cut end a minimum of 20 diameters of the bar, unless restricted by the job conditions. (4) Immediately before placing new concrete, thoroughly clean old concrete and apply a heavy coat of bonding agent. (5) Replace concrete as specified in Division 3 - Concrete. D. Backfill (1) Backfill holes or other hazardous openings resulting from demolition with an approved material to the density of adjacent soil as specified in the section describing Earthwork. (2) Backfilling with rubbish or burying on the site is notpermitted. E. Cleaning. Keep the work areas free of accumulated debris. Materials and equipment that are not for reuse of salvage must be removed from the site daily, unless otherwise approved. 39 MECHANICAL WORK ITEMS A Remove existing mechanical work items to the extent necessary to accommodate new work. 3.10 ELECTRICAL WORK ITEMS A Unless otherwise noted, remove all electrical materials and equipment from areas indicated for demolition and from site. B. Remove existing conduit to the extent necessary to accommodate new work or to a minimum of 5 feet beyond area indicated for demolition, whichever is greater. C. Remove all wiring from abandoned conduit. D. Seal abandoned conduits. E. Existing electrical services and controls to items being removed must be disconnected. 3.11 SCHEDULES A No salvage material or equipment shall be reused on the project unless specifically provided for in the Specifications or so noted on the drawings. END OF SECTION May 2023 REMOVAL, DEMOLITION AND SALVAGE 02050 - 4 MAE SIMMONS PARKING LOT SECTION 02221 REMOVING EXISTING PAVEMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 12 SECTION INCLUDES A This section of the specifications covers the removal of existing pavements. Included, but not limited to the following are: concrete paving, asphaltic paving, concrete curb and/or gutter, concrete sidewalks, and miscellaneous items. 13 RELATED SECTIONS A Section 01576 —Waste Material Disposal. R Section 02300 — Earthwork. C. Section 02317 — Excavation and Backfill for Structures. D. Section 03300 — Cast -in -Place Concrete. E. City of Lubbock Public Works Engineering — Minimum Design Standards and Specifications. 14 REGULATORY REQUIREMENTS A Conform to applicable codes for disposal of debris. Refer to Section 01576 —Waste Material Disposal. R Coordinate removal work with utility companies. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 PREPARATION A Obtain advance approval from Engineer for dimensions and limits of removal work. R Identify all utilities below grade. Stake and flag locations. C. Prior to removal of any concrete curb and gutter, Contractor shall survey the section of curb and gutter to determine existing grades and elevations. Submit survey field notes to the Engineer prior to removal of curb and gutter. All curb and gutter to be replaced will be installed to the original grades and elevations unless otherwise shown on the drawings or as approved by the Owner and Engineer. May 2023 REMOVING EXISTING PAVEMENTS 02221 - 1 MAE SIMMONS PARKING LOT 32 PROTECTION A Protect the following from damage or displacement: (1) Adjacent public and private property. (2) Trees, plants, and other landscape features designated to remain. (3) Utilities not designated to be removed. (4) Pavement and utility structures not designated to be removed. (5) Benchmarks, monuments, and existing structures not designated to be removed. 33 REMOVALS A Remove pavements and structures by methods that will not damage underground utilities. Do not use a drop hammer near existing underground utilities. B. Minimize amount of earth loaded during removal operations. C. Where existing pavement is to remain, make straight saw cuts in existing pavement to provide clean breaks prior to removal. Do not break concrete pavement or base with drop hammer unless concrete or base has been saw cut to a minimum depth of 2 inches. D. Where street and driveway saw cut locations coincide or fall within 3 feet of existing construction or expansion joints, break out to existing joint. E. Remove sidewalks and curbs to nearest existing dummy, expansion, or construction joint. F. Any existing concrete which is damaged or destroyed beyond the neat lines so established shall be replaced at the Contractor's expense. G. Remaining concrete shall be mortared to protect the reinforcing steel and provide a neat clean appearance. H. Where reinforcement is encountered in the removed portions of structures to be modified, a minimum of 1-foot of steel length shall be cleaned of all old concrete and left in place to tie into the new construction where applicable. 34 BACKFILL A Backfill of removal zones shall be in accordance with requirements of Section 02300 — Earthwork or Section 02317 — Excavation and Backfill for Structures as applicable to the specific portion of the work. 35 DISPOSAL A Remove from the site debris resulting from work under this section in accordance with requirements of Section 01576 — Waste Material Disposal. END OF SECTION May 2023 REMOVING EXISTING PAVEMENTS 02221 - 2 MAE SIMMONS PARKING LOT SECTION 02240 DEWATERING PART 1 - GENERAL 1.1 SUMMARY A This Section includes construction dewatering procedures and requirements. (1) A geotechnical survey has not been performed at the site. (2) This Section shall be applicable only if ground water begins to enter the trench. (3) Any required dewatering for this project shall be considered subsidiary to pipeline and manhole installation and no separate compensations will be paid. B. Section Includes: (1) Submittals (2) Performance Requirements (3) Quality Assurance (4) Project Conditions (5) Preparation (6) Installation (7) Observation Wells 12 SUBMITTALS A Shop Drawings for Information: (1) For dewatering system, show arrangements, locations, and details of wells and well points; locations of headers and discharge lines; and means of discharge and disposal of water. (2) Include layouts of piezometers and flow -measuring devices for monitoring performance of dewatering system. (3) Include written report outlining control procedures to be adopted if dewatering problems arise. (4) Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by dewatering operations. (5) Record drawings at Project closeout identifying and locating capped utilities and other subsurface structural, electrical, or mechanical conditions performed during dewatering. (6) Note locations and capping depth of wells and well points. R Field Test Reports: (1) Before starting excavation, submit test results and computations demonstrating that dewatering system is capable of meeting performance requirements. May 2023 DEWATERING 02240-1 MAE SIMMONS PARKING LOT 13 PERFORMANCE REQUIREMENTS A Design, furnish, install, test, operate, monitor, and maintain dewatering system of sufficient scope, size, and capacity to control ground water flow into excavations and permit construction to proceed on dry, stable ground. R Maintain dewatering operations to ensure erosion control, stability of excavations and constructed slopes, that excavation does not flood, and that damage to subgrades and permanent structures is prevented. C. Prevent surface water from entering excavations by grading, dikes, and other means approved by the Engineer. D. Remove dewater system if no longer needed. 14 QUALITY ASSURANCE A Comply with water disposal requirements of authorities having jurisdiction. 15 PROJECT CONDITIONS A Existing Utilities: (1) Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. R Project Site Information: (1) A geotechnical report has not been prepared for the Project area. (2) The Contractor, at own expense, may make test borings and conduct other exploratory operations necessary for dewatering. (3) Survey adjacent structures and improvements, employing a qualified professional engineer or land surveyor, establishing exact elevations at fixed points to act as benchmarks. (4) Clearly identify benchmarks and record existing elevations. (5) During dewatering, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations for comparison with original elevations. (6) Promptly notify the Engineer if changes in elevations occur or if cracks, sags, or other damage is evident in adjacent construction. PART2-PRODUCTS Not used PART 3 - EXECUTION 3.1 PREPARATION A Protect structures, utilities, sidewalks, pavements, and other facilities from damage causedby settlement, lateral movement, undermining, washout, and other hazards created by dewatering operations. R Prevent surface water and subsurface or ground water from entering excavations, ponding on prepared subgrades, and from flooding site and surrounding area. C. Protect subgrades and foundation soils from softening and damage by rain orwater accumulation. May 2023 DEWATERING 02240-2 MAE SIMMONS PARKING LOT D. Install dewatering system to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. E. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. (1) Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. 32 INSTALLATION A Install dewatering system utilizing wells, well points, or similar methods complete with pump equipment, standby power and pumps, filter material gradation, valves, appurtenances, water disposal, and surface -water controls. B. Before excavating below ground water level, place system into operation to lower water to specified levels. C. Operate system continuously until drains, sewers, and structures have been constructed and fill materials have been placed, or until dewatering is no longer required. D. Provide an adequate system to lower and control ground water to permit excavation, construction of structures, and placement of fill materials on dry subgrades. E. Install sufficient dewatering equipment to drain water -bearing strata above and below bottom of foundations, drains, sewers, and other excavations. F. Do not permit open -sump pumping that leads to loss of fines, soil piping, subgrade softening, and slope stability. G. Reduce hydrostatic head in water -bearing strata below subgrade elevations of foundations, drains, sewers, and other excavations. H. Maintain piezometric water level a minimum of sixty (60) inches below surface of excavation. L Dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. J. Dispose of water in a manner that avoids inconvenience to others. K Provide sumps, sedimentation tanks, and other flow -control devices as required by authorities having jurisdiction. L. Provide standby equipment on -site, installed and available for immediate operation, to maintain dewatering on continuous basis if any part of system becomes inadequate or fails. M. If dewatering requirements are not satisfied due to inadequacy or failure of dewatering system, restore damaged structures and foundation soils at no additional expense to Owner. N. Remove dewatering system from Project Site on completion of dewatering. O. Plug or fill well holes with sand or cut off and cap wells a minimum of thirty-six (36) inches below overlying construction. P. Promptly repair damages to adjacent facilities caused by dewatering operations. 33 OBSERVATION WELLS A Provide, take measurements, and maintain at least the minimum number of observation wells or piezometers indicated and additional observation wells as may be required by authorities having jurisdiction. May 2023 DEWATERING 02240-3 MAE SIMMONS PARKING LOT B. Observe and record daily elevation of ground water and piezometric water levels in observation wells. C. Repair or replace, within twenty-four (24) hours, observation wells that become inactive, damaged, or destroyed. D. Suspend construction activities in areas where observation wells are not functioning properly until reliable observations can be made. E. Add or remove water from observation well risers to demonstrate that observation wells are functioning properly. F. Fill observation wells, remove piezometers, and fill holes when dewatering is completed. END OF SECTION May 2023 DEWATERING 02240-4 MAE SIMMONS PARKING LOT SECTION 02260 EXCAVATION SUPPORT AND PROTECTION PART 1 - GENERAL 1.1 SUMMARY A This Section includes temporary excavation support and protection systems. R Section Includes: (1) Submittals (2) Performance Requirements (3) Project Conditions (4) Materials (5) Preparation (6) Sheet Piling (7) Trench Boxes (8) Trenching Procedures 12 SUBMITTALS A Shop Drawings for Information: (1) Prepared by or under the supervision of a qualified Professional Engineer for excavation support and protection systems. (2) Include Shop Drawings signed and sealed by a Texas Licensed Professional Engineer responsible for their preparation. R Qualification data for installer and Professional Engineer. C. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by the absence of, the installation of, or the performance of excavation support and protection systems. 13 PERFORMANCE REQUIREMENTS A Design, furnish, install, monitor, and maintain excavation support and protection system capable of supporting excavation sidewalls and of resisting soil and hydrostatic pressure and superimposed and construction loads. R Provide professional engineering services needed to assume engineering responsibility, including preparation of Shop Drawings and a comprehensive engineering analysis by a qualified Professional Engineer. C. Prevent surface water from entering excavations by grading, dikes, or other means approved by the Engineer. D. Install excavation support and protection systems without damaging existing buildings, pavements, and other improvements adjacent to excavation. 14 PROJECT CONDITIONS May 2023 EXCAVATION SUPPORT AND PROTECTION 02260-1 MAE SIMMONS PARKING LOT A Existing Utilities: (1) Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. R Project Site Information: (1) Survey adjacent structures and improvements, employing a qualified professional engineer or land surveyor, establishing exact elevations at fixed points to act as benchmarks. (2) Clearly identify benchmarks and record existing elevations. (3) During installation of excavation support and protection systems, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations and positions for comparison with original elevations and positions. (4) Promptly notify the Engineer if changes in elevations or positions occur, or if cracks, sags, or other damage is evident in adjacent construction. PART2-PRODUCTS 21 MATERIALS A. Provide materials that are either new or in serviceable condition. B. Structural Steel: ASTM A36/A 36M, ASTM A690/A 690 M, ASTM A 992/ A 992M. C. Steel Sheet Piling: ASTM A 328/A 328M, ASTM A 572/ A 572M, or ASTM A690/A 690M; with continuous interlocks. PART 3 - EXECUTION 3.1 PREPARATION A Project structures, utilities, sidewalks, pavements, and other facilities from damage causedby settlement, lateral movement, undermining, washout, and other hazards that could develop during excavation support and protection systems operations. B. Shore, support, and protect utilities encountered. C. Install excavation support and protection systems to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. D. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. (1) Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. E. Locate excavation support and protection systems clear of permanent construction so that forming and finishing of concrete surfaces is not impeded. F. Monitor excavation support and protection systems daily during excavation progress and for as long as excavation remains open. G. Promptly correct bulges, breakage, or other evidence of movement to ensure that excavation support and protection systems remain stable. H. Promptly repair damages to adjacent facilities caused by installing excavation support and protection systems. May 2023 EXCAVATION SUPPORT AND PROTECTION 02260-2 MAE SIMMONS PARKING LOT 32 SHEET PILING A Before starting excavation, install one-piece sheet piling lengths and tightly interlock to form a continuous barrier. B. Limit vertical offset of adjacent sheet piling to sixty (60) inches. C. Accurately align exposed faces of sheet piling to vary not more than two (2) inches from a horizontal line and not more than 1:120 out of vertical alignment. D. Cut tops of sheet piling to uniform elevation at top of excavation. 33 TRENCH BOXES A Provide Engineer approved trench boxes sufficient for depth and width of open -cut trench. B. All exposed trench shall be protected. 34 TRENCHING PROCEDURES A Provide shoring systems in accordance with the Contractor's submitted design to adequately resist earth pressures. B. Proceed with work in an orderly fashion. C. Install trench bracing systems as soon as possible after opening trenches. D. Do not allow workers in trench prior to installing trench bracing systems. E. Backfill trenches as soon as possible after completion of work. F. Stockpile excavated materials at three (3) feet away from edge of trench. G. Maintain barricades and signage as required by State and Local codes to protect open excavations. H. Do not allow surface water to enter excavations. L Properly grade areas adjacent to trench excavations to control surface drainage away from excavations. J. If cut back method is allowed by Owner and is employed, maintain a clear distance of three (3) feet from edge of cut to avoid allowing loose material to enter trench. K Cut back method may not be used where there is insufficient work area to employ it. L. Do not operate heavy equipment except for trench digging or pipe laying equipment within twenty (20) feet of edge of excavation. M. Haul trucks, if needed, may operate closer than twenty (20) feet to trench edge provided the Contractor deems it safe to do so. 35 REMOVAL AND REPAIRS A Remove excavation support and protection systems when construction has progressed sufficiently to support excavation and bear soil and hydrostatic pressures. B. Remove in stages to avoid disturbing underlying soils or damaging structures, pavements, facilities, and utilities. END OF SECTION May 2023 EXCAVATION SUPPORT AND PROTECTION 02260-3 MAE SIMMONS PARKING LOT SECTION 02300 EARTHWORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section 12 SECTION INCLUDES A. This section of the specifications refers to general excavation of various materials at storm sewer inlets, storm sewer outlets, channel grading, subgrade preparation related to paving, flexible base, topsoil placement, and other miscellaneous grading items. For trenching -specific earthwork and excavations at least five feet deep, refer to Section 02317 — Excavation and Backfill for Utilities. 13 RELATED SECTIONS A. Section 01400 — Quality Requirements. B. Section 02317 — Excavation and Backfill for Utilities. C. Section 03300 - Cast -in -Place Concrete. D. City of Lubbock Public Works Engineering — Minimum Design Standards and Specifications. 14 REFERENCES AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM C 136 (2001) Sieve Analysis of Fine and Coarse Aggregates ASTM D 422 (1963; R 2002) Particle -Size Analysis of Soils ASTM D 698 (2000a) Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft — lb/ft3). ASTM D 1140 (2000) Amount of Material in Soils Finer than the No. 200 (75- micrometer) Sieve ASTM D 1556 (2000) Density and Unit Weight of Soil in Place by the Sand -Cone Method ASTM D 1557 (2002) Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft — lbf/ft3) ASTM D1586 (1999) Penetration Test and Split -Barrel Sampling of Soils ASTM D 2487 (2000) Classification of Soils for Engineering Purposes (Unified Soil Classification System) ASTM D 2922 (2001) Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth) May 2023 EARTHWORK 02300 - 1 MAE SIMMONS PARKING LOT ASTM D 3017 (2001) Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) ASTM D 4318 (2000) Liquid Limit, Plastic Limit, and Plasticity Index of Soils 15 DEFINITIONS A. Backfill: Soil materials used to fill an excavation. B. Base Course: Layer placed between the subbase course and asphalt paving. C. Borrow: Satisfactory soil imported from off -site for use as fill or backfill. D. Excavation: Removal of material encountered above subgrade elevations. 1. Additional Excavation: Excavation below subgrade elevations as directed by Engineer. Additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. 2 Bulk Excavation: Excavations more than 20 feet in width and pits more than 30 feet in either length or width, and not associated with trenching for pipe installation. 3. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated dimensions without direction by Engineer. Unauthorized excavation, as well as remedial work directed by Engineer, shall be without additional compensation. E. Fill: Soil materials used to raise existing grades. F. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. G. Subbase Course: Layer placed between the subgrade and base course for asphalt paving, or layer placed between the subgrade and a concrete pavement or walk. H. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil materials. I. Utilities: Include on -site underground pipes, conduits, ducts, and cables. J. Suitable Material: Suitable soil materials are those meeting specification requirements. Unsuitable soils meeting specification requirements for suitable soils after treatment with lime or cement are considered suitable, unless otherwise indicated. K. Unsatisfactory Materials: Materials which do not comply with the requirements for satisfactory materials are unsatisfactory. Unsatisfactory materials also include man-made fills; trash; refuse; backfills from previous construction; and material classified as satisfactory which contains root and other organic matter or frozen material. The Engineer shall be notified of any contaminated materials. L. Cohesionless and Cohesive Materials: Cohesionless materials include materials classified in ASTM D 2487 as GW, GP, SW, and SP. Cohesive materials include materials classified as GC, SC, ML, CL, MH, and CH. Materials classified as GM and SM will be identified as cohesionless only when the fines are nonplastic. Testing required for classifying materials shall be in accordance with ASTM D 4318, ASTM C 136, ASTM D 422, and ASTM D 1140. May 2023 EARTHWORK 02300 - 2 MAE SIMMONS PARKING LOT M. Degree of Compaction: Degree of compaction required is expressed as a percentage of the maximum density obtained by the test procedure presented in ASTM D 698 or ASTM D 1557 as designated in the Contract Documents abbreviated as a percent of laboratory maximum density. Procedure A, B or C shall be applied as applicable along with corrections according to ASTM D 4718. For free draining soils, use maximum reference density according to ASTM D 4253. N. Topsoil: Material suitable for topsoils obtained from offsite areas or the top 3 feet of excavated material shall be defined as clean and uncontaminated soils capable of sustaining plant life. 1.6 SUBMITTALS A. Material Reports 1. Classification according to ASTM D 2487 for each site of borrow soil material. 2 Laboratory compaction curve according to ASTM D 698 for each on -site or borrow soil material. 1.7 QUALITY ASSURANCE A. Refer to Section 01400 —Quality Requirements. PART 2 - PRODUCTS 21 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. Refer to Section 02318 — Borrow. B. Satisfactory Soils: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM, or a combination of these group symbols; free of rock or gravel larger than 3 inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. Satisfactory soils should have a liquid limit of 45 maximum and a plasticity index of 15 maximum. C. Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT, or a combination of these group symbols. 1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction. D. Backfill and Fill: Satisfactory soil materials. E. Subbase: Satisfactory soils. F. Flexible Base: 1. The material for flexible base shall consist of crushed caliche (limestone, calcareous clay particles, conglomerate, gravel, or other approved granular materials) produced from oversized quarried aggregate, sized by crushing and produced from a naturally occurring single source except that blending of clean crushed concrete will be allowed. Blended material must meet requirements for flexible base as defined in this and other sections. The material source shall be subject to approval by the Engineer. If material characteristics within the approved source change, the material shall be subject to retesting and re- approval prior to continued use. The Contractor shall not change material sources without approval by the Engineer. May 2023 EARTHWORK 02300 - 3 MAE SIMMONS PARKING LOT 2 Refer to City of Lubbock Public Works Engineering Minimum Design Standards and Specifications, 8.08.02 Flexible Base (Caliche). G. Subgrade: 1. Subgrade material for concrete or asphalt construction shall consist of suitable native soil or off site soil, free from vegetation or other objectionable matter. All unstable or objectionable material shall be removed from the subgrade and replaced with approved material. 2 Refer to City of Lubbock Public Works Engineering Minimum Design Standards and Specifications, 8.08.01 Subgrade. 22 ACCESSORIES A. Warning Tape: Acid- and alkali -resistant polyethylene film warning tape manufactured for marking and identifying underground utilities uncovered during prosecution of the work, 6 inches wide and 4 mils thick, continuously inscribed with a description of the utility; colored as follows: 1. Red: Electric. 2 Yellow: Gas and oil. 3. Orange: Telephone and other communications. 4. Blue: Water systems. 5. Green: Sewer systems. B. Warning tape to be placed within 3 feet of ground surface. PART 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. B. Protect subgrades and foundation soils against freezing temperatures or frost. C. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil -bearing water runoff or airborne dust to adjacent properties and walkways. 32 STRIPPING OF TOPSOIL A. Topsoil will be separately excavated, stored, and used for surface finish in preparation for seeding, sodding, or other planting, only where topsoil is definitely superior for grass and plant growth as compared with the remainder of the excavated material. In general, this shall be considered as the top 6 inches of excavated material. Surface soil that is heavy clay, predominantly sandy, or is lean in grass -and plant -growth qualities, will not be saved. The hauling, spreading, smoothing, and maintenance of the topsoil in preparation for the seeding and planting operations are generally considered under a separate section, and therefore are not considered in this specification. May 2023 EARTHWORK 02300 - 4 MAE SIMMONS PARKING LOT 33 FROZEN MATERIAL A. Soils shall not be placed on a foundation which contains frozen material, or which has been subjected to freeze -thaw action. This prohibition encompasses all foundation types, including the natural ground, all prepared subgrades (whether in an excavation or on an embankment) and all layers of previously placed and compacted earth fill which become the foundations for successive layers of earth fill. All material that freezes or has been subjected to freeze -thaw action during the construction work, or during periods of temporary shutdowns, such as, but not limited to, nights, holidays, weekends, winter shutdowns, or earthwork operations, shall be removed to a depth that is acceptable to the Engineer and replaced with new material. Alternatively, the material will be thawed, dried, reworked, and recompacted to the specified criteria before additional material is placed. The Engineer will determine when placement of fill or backfill shall cease due to cold weather. The Engineer may elect to use average daily air temperatures, and/or physical observation of the soils for his determination. Embankment material shall not contain frozen clumps of soil, snow, or ice. 34 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks, pavements and similar paths to indicated cross sections, elevations, and grades. 35 SUBGRADE PREPARATION A. Refer to City of Lubbock Public Works Engineering Minimum Design Standards and Specifications, 8.08.01 Subgrade. 3.6 UNSUITABLE MATERIAL A. If unsuitable material is encountered during subgrade preparation regardless of how it is discovered, the Contractor shall take corrective action as directed by the Engineer. If removal and replacement of the material is required or if drying is required deeper than 6 inches below subgrade it will be considered over excavation and paid for separately. Contractor shall back fill any over excavation with suitable material and compact to 95% of Modified Proctor Density at a moisture content within 2% of optimum in accordance to ASTM D698. 3.7 FLEXIBLE BASE CONSTRUCTION A. Areas behind curbs shall be backfilled and leveled with approved topsoil prior to placing base material. B. Refer to City of Lubbock Public Works Engineering Minimum Design Standards and Specifications, 8.08.02 Flexible Base (Caliche). 3.8 STORAGE OF SOIL MATERIALS A. Stockpile satisfactory excavated soil materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover or spray with dust suppressant to prevent windblown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of trees. 39 UTILITY TRENCH BACKFILL A. Refer to Section 02317 — Excavation and Backfill for Utilities. May 2023 EARTHWORK 02300 - 5 MAE SIMMONS PARKING LOT 3.10 FILL A. Preparation: Remove vegetation, 6" of topsoil, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface before placing fills. B. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material. C. Place and compact fill material to required elevations as directed in Paragraph 3.12 using satisfactory soil material. 3.11 MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before compaction to within 2 percent of optimum moisture content. 1. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.12 COMPACTION OF FILLS A. Place fill materials in layers not more than 6 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand -operated tampers. B. Each layer of backfill or fill material should be compacted to a minimum of 95% of Modified Proctor Density at a moisture content within 2% of optimum. C. Use only hand -operated tamping equipment or place flowable backfill to achieve a minimum cover of 12 inches over pipes, conduits, and ducts. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. Do not use vibratory equipment unless approved by the Owner and until 5 feet of cover over pipes, conduits and ducts is obtained. Use of vibratory equipment within 10 feet measured from the top of finished surface or adjacent to existing structures will only be permitted if approved by the Owner on a case -by - case basis. 3.13 TESTING A. Testing Agency: Contractor shall perform construction materials testing in conformance with Section 01400 — Quality Requirements. Contractor shall be responsible for paying for failing tests conducted by Owner. Such failing tests shall include pro-rata technician time charges, pro- rata mileage expense and other pro -rated agency charges. B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earthwork only after Engineer has verified that test results for previously completed work comply with requirements. May 2023 EARTHWORK 02300 - 6 MAE SIMMONS PARKING LOT C. Testing agency will test compaction of soils in place according to ASTM D 1556 and ASTM D 2922, as applicable. Tests will be performed at the following locations and frequencies: Paved Areas: At subgrade and at each compacted fill layer, at least one test for every 5000 sq. ft. or less of paved area, but in no case fewer than three tests. 2. Trench Backfill: Refer to Section 02317 — Excavation and Backfill for Structures. D. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified compaction is obtained. Contractor shall be responsible for paying for failing tests conducted by Owner. Such failing tests shall include pro-rata technician time charges, pro-rata mileage expense and other pro -rated agency charges. 3.14 GRADING A. General: Uniformly grade areas to a smooth surface free from irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances. B. Site Grading: Finish subgrades to required elevations within the following tolerances: 1. Lawn or Unpaved Areas: Plus or minus 1 inch. 2. Walks: Plus or minus 1 inch. Pavements: Plus or minus 3/8 inch. 3.15 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash, debris and excess weeds. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Engineer; reshape and re -compact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.16 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property according to Section 01576 — Waste Material Disposal. END OF SECTION May 2023 EARTHWORK 02300 - 7 MAE SIMMONS PARKING LOT SECTION 03300 CAST -IN -PLACE CONCRETE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General Requirements apply to work of this section. 1.2 SECTION INCLUDES A This Section includes, but is not limited to cast -in place concrete, including formwork, reinforcing, mix design, placement procedures, curing, and finishes. B. Cast -in -place concrete includes but is not limited to the following: (1) Concrete Rip -rap. (2) Sign anchors. (3) ADA ramps. (4) Illumination pole foundations. (5) Inlets, headwalls, wingwalls, and aprons. (6) Utility encasements. (7) Cast -in -place manhole bases and manhole riser supports at pipe tee locations. C. Concrete for pavement, sidewalk, curb and gutter, driveways, and alleys shall meet the City of Lubbock Public Works Engineering MinimumDesign Standards and Specifications. 1.3 SUBMITTALS A General: Submit the following according to Conditions of the Contract and Division 1 Specification Sections. B. Product data for proprietary materials and items, including reinforcement and forming accessories, admixtures, patching compounds, joint systems, curing compounds, and others if requested by Engineer. C. Design Mixes: For each concrete mix. D. Shop drawings for reinforcement detailing fabricating, bending, and placing concrete reinforcement. Comply with ACI 315 "Manual of Standard Practice for Detailing Reinforced Concrete Structures" showing bar schedules, stirrup spacing, bent bar diagrams, materials, steel grades, and arrangement of concrete reinforcement and methods of support. Include special reinforcing required for openings through concrete structures. E. Laboratory test reports for concrete materials and mix design test. F. Formwork shop drawings: Prepared by or under supervision of a qualified Professional Engineer detailing fabrication, assembly, and support of formwork. Design and Engineering of formwork are Contractor's responsibility. G. Shoring and Reshoring: Indicated proposed schedule and sequence of stripping formwork, shoring removal and installing and removing reshoring. May 2023 CAST -IN -PLACE CONCRETE 03300 - 1 MAE SIMMONS PARKING LOT 1.4 QUALITY ASSURANCE A Codes and Standards: Comply with provisions of the following codes, specifications, and standards, except where more stringent requirements are shown orspecified: (1) American Concrete Institute (ACI) 301, "Specifications for Structural Concrete for Buildings." (2) ACI 318, "Building Code Requirements for Reinforced Concrete." (3) Concrete Reinforcing Steel Institute (CRSI) "Manual of StandardPractice." (4) American Concrete Institute (ACI) 305R, "Hot Weather Concreting." (5) American Concrete Institute (ACI) 306R, "Cold Weather Concreting." (6) American Concrete Institute (ACI) 306.1, "Standard Specification for Cold Weather Concreting." (7) American Concrete Institute (ACI) 350R, "Environmental Engineering Concrete Structures." (8) American Concrete Institute (ACI) 117, "Specifications for Tolerances for Concrete Construction and Materials." B. Concrete Testing Service: Engage a testing agency acceptable to Owner to perform material evaluation tests and to design concrete mixes. Agency shall be qualified according to ASTM C 1077 and ASTM E 329 to conduct the testing indicated. (1) Personnel conducting field test shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-I or an equivalent certification program. C. Materials and installed Work may require testing and retesting at any time during progress of Work. Tests, including retesting of rejected materials for installed Work, shall be done at Contractor's expense. D. Installer Qualifications: An experienced installer who has completed concrete work similar in material, design, and extent to that indicated for this project and whose work has resulted in construction with a record of successful in-service performance. E. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94, "Requirements for Production Facilities and Equipment." (1) Manufacturer must be certified according to the National Ready Mixed Concrete Association Certification of Ready Mixed Concrete Production Facilities. PART 2 - PRODUCTS 2.1 FORM MATERIALS A Refer to city of Lubbock Public Works Engineering Minimum Design Standards and Specifications. 2.2 REINFORCING MATERIALS A Refer to city of Lubbock Public Works Engineering Minimum Design Standards and Specifications. May 2023 CAST -IN -PLACE CONCRETE 03300 - 2 MAE SIMMONS PARKING LOT 2.3 CONCRETE MATERIALS A Refer to city of Lubbock Public Works Engineering Minimum Design Standards and Specifications. 2.4 CURING COMPOUND A Liquid -type membrane -forming curing compound with white pigment complying with ASTM C 309, Type 2, Class A. Moisture loss not more than 1.0 pounds per square yard when applied at 200 sq. ft./gal. 2.5 RELATED MATERIALS A Dovetail Anchor Slots: Hot -dip galvanized sheet steel, not less than 0.0336 inch thick with bent tab anchors. Fill slot with temporary filler or cover face opening to prevent intrusion of concrete or debris. B. Sand Cushion: Clean, manufactured or natural sand with plasticity index of 8 or less. C. Bonding Agent: Polyvinyl acetate or acrylic base. D. Epoxy Adhesive: ASTM C 881, two -component material suitable for use on dry or damp surfaces. Provide material type, grade, and class to suit Project requirements. 2.6 PROPORTIONING AND DESIGNING MIXES A Prepare design mixes for each type and strength of concrete by either laboratory trial batch or field experience methods as specified in ACI 301. For the trial batch method, use an independent testing agency acceptable to Engineer for preparing and reporting proposed mix designs. (1) Do not use the same testing agency as Owner for field quality control testing. B. Submit written reports to Engineer of each proposed mix for each class of concrete at least 15 days prior to start of Work. Do not begin concrete production until proposed mix designs have been reviewed by Engineer. Do not submit mix designs for other projects or that are over 60 days of age. Do not submit concrete cylinder strength reports from other projects that are older than 45 days, or that are not of the proposed mix design. C. Standard design mix to be used unless noted otherwise, provide normal weight concrete with the following properties: (1) Refer to city of Lubbock Public Works Engineering Minimum Design Standards and Specifications. D. Water related structures mix design: Provide normal weight concrete with the following properties: (1) 4500 psi, 28-day compressive strength. (2) Type I cement (3) Fly Ash: 30% of total cementitious weight. (4) Minimum slump: 6 inches (5) Maximum slump: 8 inches (6) Maximum water cementitious material ratio:.40 May 2023 CAST -IN -PLACE CONCRETE 03300 - 3 MAE SIMMONS PARKING LOT (7) Add air -entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of 5 to 7 percent, unless otherwise indicated. (8) Water proofing admixture. (9) Floor hardener admixture. E. Adjustment to Concrete Mixes: Mix design adjustments maybe requested by Contractor when characteristics of materials, job conditions, weather, test results, or other circumstances warrant, as accepted by Engineer. Laboratory test data for revised mix design and strength results must be submitted to and accepted by Engineer before using in Work. 2.7 ADMIXTURES A Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in concrete, as required, for placement and workability. B. Use accelerating admixture in concrete slabs placed at ambient temperatures below 50 deg F. C. Use admixtures for water reduction and set accelerating or retarding in strict compliance with manufacturer's directions. D. Use water -reducing admixture in pumped concrete, concrete required to be water tight, and concrete with a water cementitious materials ratio below 0.50. E. Limit water-soluble, chloride ion content in hardened concrete to 0.15 percent by weight of cement. 2.8 CONCRETE MIXING A Ready -Mixed Concrete: Comply with requirements of ASTM C 94, and as specified. (1) When air temperature is between 85 deg F and 90 deg F, reduce mixing and delivery time from 1-1/2 hours to 75 minutes, and when air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes. 2.9 FLOWABLE FILL Flowable fill shall consist of a concrete mixture of pea gravel and sand with a cement content of 2 sacks per cubic yard. Flowable fill shall be used for backfill in all utility ditches within the right of way, and other areas as specified. PART 3 - EXECUTION 3.1 GENERAL A Coordinate the installation of joint materials, vapor retarder, and other related materials with placement of forms and reinforcing steel. Before concrete placement operations begin, the substrate shall be fully prepared. Contractor shall be responsible for verifying that all work which will be embedded is complete and necessary inspections have been performed. Pour stops or bulkheads shall be in place and reinforcement shall be secured in proper location. 3.2 FORMS A General: Design, erect, support, brace, and maintain formwork to support vertical, lateral, static, and dynamic loads that might be applied until concrete structure can support such loads. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation, and position. Maintain formwork construction tolerances and surface irregularities complying with the following ACI 347 limits: May 2023 CAST -IN -PLACE CONCRETE 03300 - 4 MAE SIMMONS PARKING LOT (1) Provide Class A tolerances for concrete surfaces exposed to view. (2) Provide Class C tolerances for other concrete surfaces. B. Construct forms to sizes, shapes, lines, and dimensions shown and to obtain accurate alignment, location, grades, level, and plumb work in finished structures. Provide for openings, offsets, sinkages, keyways, recesses, moldings, rustications, reglets, chamfers, blocking, screeds, bulkheads, anchorages and inserts, and other features required in the Work. Use selected materials to obtain required finishes. Solidly butt j oints and provide backup at j oints to prevent cement paste from leaking. O Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces where slope is too steep to place concrete with bottom forms only. Kerf wood inserts for forming keyways, reglets, recesses, and the like for easy removal. D. Provide temporary openings for clean -outs and inspections where interior area of formwork is inaccessible before and during concrete placement. Securely brace temporary openings and set tightly to forms to prevent losing concrete mortar. Locate temporary openings in forms at inconspicuous locations. E Chamfer exposed corners and edges as indicated, using wood, metal, PVC, or rubber chamfer strips fabricated to produce uniform smooth lines and tight edge joints. E Provisions for Other Trades: Provide openings in concrete formwork to accommodate work of other trades. Determine size and location of openings, recesses, and chases from trades providing such items. Accurately place and securely support items built into forms. G: Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, or other debris just before placing concrete. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. 3.3 PLACING REINFORCEMENT A General: Comply with Concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars," for details and methods of reinforcement placement and supports and as specified. (1) Avoiding cutting or puncturing vapor retarder during reinforcement placement and concreting operations. Repair damages before placing concrete. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials that reduce or destroy bond with concrete. C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcing by metal chairs, runners, bolsters, spacers, and hangers, as approved by Engineer. D. Place reinforcement to maintain minimum coverages as indicated for concrete protection. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete placement operations. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. May 2023 CAST -IN -PLACE CONCRETE 03300 - 5 MAE SIMMONS PARKING LOT E Install welded wire fabric in lengths as long as practicable. Lap adjoining pieces at least one full mesh and lace splices with wire. Offset laps of adjoining widths to prevent continuous laps in either direction. E Do not weld reinforcing bars unless specifically shown. Where shown on the plans, comply with AWS D1.4. Bars to be welded shall conform to ASTMA706. 3.4 JOINTS A A. Sawed Joints (1) The Contractor shall provide sawing equipment adequate in number of units and power to complete the sawing to the required dimensions. The Contractor shall provide at least one standby saw in good working order and a supply of saw blades atthe site of the work at all times during sawing operations. (2) Joints shall be cut as shown on the plan. The circular cutter shall be capable of cutting a groove in a straight line and shall produce a slot of at least 1/8-inch wide and to the depth shown on the plans. When shown on the plans or required by the specifications, the top portion of the slot or groove shall be widened by means of a second shallower cut. (3) Sawing of the joints shall commence as soon as the concrete has hardened sufficiently to support the saws (no longer than 6 hours after surface finishing) and permit cutting without chipping, spalling, or tearing (per ACI 330R). (4) Sawing shall be carried on both during the day and night as required to meet minimum time constraints. The joints shall be sawed at the required spacing consecutively in sequence of the concrete placement, unless otherwise approved by the Engineer. B. Curb and gutter (Class A concrete) shall be constructed with an expansion joint at the tangent point of each return at intersections and at intervals not more than 40 feet between the intersections. (1) Construction joints formed by removable metal templates accurately shaped to the cross- section of the curb and gutter shall be located at the midpoint of each section between expansion joints, or as directed by the Engineer. (2) Tooled contraction joints cut at least one quarter the concrete depth shall be placed at 10 foot intervals. G Construction Joints: Locate and install construction joints so they do not impair strength or appearance of the structure, as acceptable to Engineer. D. Place construction joints perpendicular to main reinforcement. Continue reinforcement across construction joints except as indicated otherwise. Do not continue reinforcement through sides of strip placements. E Use bonding agent on existing concrete surfaces that will be joined with fresh concrete. F. Waterstops: Provide waterstops in construction joints as indicated. Install waterstops to form continuous diaphragm in each joint. Support and protect exposed waterstops during progress of work. Field fabricate joints in waterstops according to manufacturer's printed instructions. G. Isolation Joints in Slabs -on -Grade: Construct isolation joints in slabs -on -grade at points of contact between slabs -on -grade and vertical surfaces, such as column pedestals, foundation walls, grade beams, and other locations, as indicated. May 2023 CAST -IN -PLACE CONCRETE 03300 - 6 MAE SIMMONS PARKING LOT H Contraction (Control) Joints in Slabs -on -Grade: Construct contraction joints inslabs-on-grade to form panels of patterns as shown. 3.5 INSTALLING EMBEDDED ITEMS A General: Set and build into formwork anchorage devices and other embedded items required for other work that is attached to or supported by cast -in -place concrete. Use setting drawings, diagrams, instructions, and directions provided by suppliers of items to be attached. R Install dovetail anchor slots in concrete structures as indicated ondrawings. C Forms for Slabs: Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and contours in finished surfaces. Provide and secure units to support screed strips using strike -off templates or compacting -type screeds. D. Ends of storm sewer pipe to be embedded in cast -in -place walls shall be in place prior to setting formwork and reinforcement, floor slab inclusive. 3.6 PREPARING FORM SURFACES A General: Coat contact surfaces of forms with an approved, nonresidual, low-VOC, form - coating compound before placing reinforcement. R Do not allow excess form -coating material to accumulate in forms or come into contact with in -place concrete surfaces against which fresh concrete will be placed. Apply according to manufacturer's instructions. (1) Coat steel forms with a nonstaining, rust -preventative material. Rust -stained steel formwork is not acceptable. 3.7 CONCRETE PLACEMENT A Inspection: Before placing concrete, inspect and complete formwork installation, reinforcing steel, and items to be embedded or cast in. Notify other trades to permit installation of their work. R General: Comply with ACI 304, "Guide for Measuring, Mixing, Transporting, and Placing Concrete," and as specified. C. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened sufficiently to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete to avoid segregation at its final location. D. Placing Concrete in Forms: Deposit concrete in forms in horizontal layers no deeper than 24 inches and in a manner to avoid inclined construction joints. Where placement consists of several layers, place each layer while preceding layer is still plastic to avoid cold joints. (1) Consolidate placed concrete by mechanical vibrating equipment supplemented by hand - spading, rodding, or tamping. Use equipment and procedures for consolidation of concrete complying with ACI 309. May 2023 CAST -IN -PLACE CONCRETE 03300 - 7 MAE SIMMONS PARKING LOT (2) Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the machine. Place vibrators to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix to segregate. E Placing Concrete Slabs: Deposit and consolidate concrete slabs in a continuous operation, within limits of construction joints, until completing placement of a panel or section. (1) Consolidate concrete during placement operations so that concrete is thoroughly worked around reinforcement, other embedded items and into corners. (2) Bring slab surfaces to correct level with a straightedge and strike off. Use bull floats or darbies to smooth surface free of humps or hollows. Do not disturb slab surfaces prior to beginning finishing operations. (3) Maintain reinforcing in proper position on chairs during concrete placement. F. Cold -Weather Placement: Comply with provisions of ACI 306 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. G. When air temperature has fallen to or is expected to fall below 40 deg F, uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F and not more than 80 deg F at point of placement. (1) Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. (2) Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise accepted in mix designs. H Hot -Weather Placement: When hot weather conditions exist that would impair quality and strength of concrete, place concrete complying with ACI 305R and as specified. (1) Cool ingredients before mixing to maintain concrete temperature at time of placement to below 90 deg F. Mixing water may be chilled or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. (2) Cover reinforcing steel with water -soaked burlap if it becomes too hot, so that steel temperature will not exceed the ambient air temperature immediately before embedding in concrete. (3) Fog spray forms, reinforcing steel, and subgrade just before placing concrete. Keep subgrade moisture uniform without puddles or dry areas. (4) Use water -reducing retarding admixture when required by high temperatures, low humidity, or other adverse placing conditions, as acceptable toEngineer. L Water maybe added to the concrete at the project site, subject to the following conditions: (1) Truck tickets indicate maximum amount of water that can be added without exceeding the maximum specified water/cement ratio. (2) Water is added in a manner to control volume added. May 2023 CAST -IN -PLACE CONCRETE 03300 - 8 MAE SIMMONS PARKING LOT (3) Concrete is properly re -mixed after addition of water. (4) Inspector is notified, if concrete placement requires inspection. (5) Site added water should be done prior to taking concrete samples for testing. (6) Do not add water to concrete after adding high range water -reducing admixtures to mix. 3.8 FINISHING FORMED SURFACES A Rough -Formed Finish: Provide a rough -formed finish on formed concrete surfaces not exposed to view in the finished Work or concealed by other construction. This is the concrete surface having texture imparted by form -facing material used, with tie holes and defective areas repaired and patched, and fins and other projections exceeding 1/4 inch in height rubbed down or chipped off. R Smooth -Formed Finish: Provide a smooth -formed finish on formed concrete surfaces exposed to view or to be covered with a coating material applied directly to concrete, or a covering material applied directly to concrete, such as waterproofing, dampproofing, veneer plaster, painting, or another similar system. This is an as -cast concrete surface obtained with selected form -facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch defective areas with fins and other projections completely removed and smoothed. C. Smooth -Rubbed Finish: Provide smooth -rubbed finish on scheduled concrete surfaces that have received smooth -formed finish treatment not later than 1 day after form removal. (1) Moisten concrete surfaces and rub with carborundum brick or another abrasive until producing a uniform color and texture. Do not apply cement grout other than that created by the rubbing process. D. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike -off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces unless otherwise indicated. 3.9 MONOLITHIC SLAB FINISHES A Float Finish: Apply float finish to monolithic slab surfaces to receive trowel finish and other finishes as specified; slab surfaces to be covered with membrane or elastic waterproofing, membrane or elastic roofing, or sand -bed terrazzo; and where indicated. (1) After screeding, consolidating, and leveling concrete slabs, do not work surface until ready for floating. Begin floating, using float blades or float shoes only, when surface water has disappeared, or when concrete has stiffened sufficiently to permit operation of power - driven floats, or both. Consolidate surface with power -driven floats or by hand -floating if area is small or inaccessible to power units. Finish surfaces to tolerances of F(F) 18 (floor flatness) and F(L) 15 (floor levelness) measured according to ASTM E 1155 . Cut down high spots and fill low spots. Uniformly slope surfaces to drains. Immediately after leveling, refloat surface to a uniform, smooth, granular texture. (2) Remove any efflorescence as soon as feasible after its appearance. If the efflorescence hardens, then remove with a mild detergent or a mild acid cleaner. May 2023 CAST -IN -PLACE CONCRETE 03300 - 9 MAE SIMMONS PARKING LOT B. Trowel Finish: Apply a trowel finish to monolithic slab surfaces exposed to view and slab surfaces to be covered with resilient flooring, carpet, ceramic or quarry tile, paint, or another thin film -finish coating system. (1) After floating, begin first trowel -finish operation using a power -driven trowel. Begin final troweling when surface produces a ringing sound as trowel is moved over surface. Consolidate concrete surface by final hand -troweling operation, free of trowel marks, uniform in texture and appearance, and finish surfaces to tolerances of F(F) 20 (floor flatness) and F(L) 17 (floor levelness) measured according to ASTM E 1155. Grind smooth any surface defects that would telegraph through applied floor covering system. C Nonslip Broom Finish: Apply a nonslip broom finish to exterior concrete platforms, steps, and ramps, and elsewhere as indicated. (1) Immediately after float finishing, slightly roughen concrete surface by brooming with fiber - bristle broom perpendicular to main traffic route. Coordinate required final finish with Engineer before application. 3.10 MISCELLANEOUS CONCRETE ITEMS A Filling In: Fill in holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place, and cure concrete as specified to blend with in -place construction. Provide other miscellaneous concrete filling shown or required to complete Work. 3.11 CONCRETE CURING AND PROTECTION A General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. In hot, dry, and windy weather protect concrete from rapid moisture loss before and during finishing operations with an evaporation -control material. Apply according to manufacturer's instructions after screeding and bull floating, but before power floating and troweling. R Start initial curing as soon as free water has disappeared from concrete surface after placing and finishing. C. Curing Methods: Cure concrete by curing compound, and moisture -retaining cover curing. D. Apply curing compound on exposed interior slabs and on exterior slabs, walks, and curbs as follows: (1) Apply curing compound to concrete slabs as soon as final finishing operations are complete (within 1 hours and after surface water sheen has disappeared). Apply uniformly in continuous operation by power spray. Recoat areas subjected to rainfall within 3 hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.12 REMOVING FORMS A General: Formwork not supporting weight of concrete, such as sides of beams, walls, columns, and similar parts of the work, may be removed after cumulatively curing at not less than 50 deg F for 24 hours after placing concrete, provided concrete is sufficiently hard to not be damaged by form -removal operations, and provided curing and protection operations are maintained. May 2021 CAST -IN -PLACE CONCRETE 03300 - 10 MAE SIMMONS PARKING LOT 3.13 REUSING FORMS A Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form -facing material will not be acceptable for exposed surfaces. Apply new form -coating compound as specified for new formwork. R When forms are extended for successive concrete placement, thoroughly clean surfaces, remove fins and laitance, and tighten forms to close joints. Align and secure joint to avoid offsets. Do not use patched forms for exposed concrete surfaces except as acceptable to Engineer. 3.14 CONCRETE SURFACE REPAIRS A Patching Defective Areas: Repair and patch defective areas with cement mortar immediately after removing forms, when acceptable to Engineer. R Mix dry -pack mortar, consisting of one part portland cement to 2-1/2 parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling and placing. (1) Cut out honeycombs, rock pockets, voids over 1/4 inch in any dimension, and holes left by tie rods and bolts down to solid concrete but in no case to a depth less than 1 inch. Make edges of cuts perpendicular to the concrete surface. Thoroughly clean, dampen with water, and brush -coat the area to be patched with bonding agent. Place patching mortar before bonding agent has dried. (2) For surfaces exposed to view, blend white portland cement and standard portland cement so that, when dry, patching mortar will match surrounding color. Provide test areas at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike -off slightly higher than surrounding surface. C Repairing Formed Surfaces: Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction of Engineer. Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. Flush out form tie holes and fill with dry -pack mortar or precast cement cone plugs secured in place with bonding agent. (1) Repair concealed formed surfaces, where possible, containing defects that affect the concrete's durability. If defects cannot be repaired, remove and replace the concrete. D. Repairing Unformed Surfaces: Test unformed surfaces, such as monolithic slabs, for smoothness and verify surface tolerances specified for each surface and finish. Correct low and high areas as specified. Test unformed surfaces sloped to drain for trueness of slope and smoothness by using a template having the required slope. (1) Repair finished unformed surfaces containing defects that affect the concrete's durability. Surface defects include crazing and cracks in excess of 0.01 inch wide or that penetrate to the reinforcement or completely through nonreinforced sections regardless of width, spalling, popouts, honeycombs, rock pockets, and other objectionable conditions. (2) Correct high areas in unformed surfaces by grinding after concrete has cured at least 14 days. (3) Correct low areas in unformed surfaces during or immediately after completing surface finishing operations by cutting out low areas and replacing with patching mortar. Finish May 2021 CAST -IN -PLACE CONCRETE 03300 - 11 MAE SIMMONS PARKING LOT repaired areas to blend into adjacent concrete. Proprietary underlayment compounds may be used when acceptable to Engineer. (4) Repair defective areas, except random cracks and single holes not exceeding 1 inch in diameter, by cutting out and replacing with fresh concrete. Remove defective areas with clean, square cuts and expose reinforcing steel with at least 3/4 inch clearance all around. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Mix patching concrete of same materials to provide concrete of same type or class as original concrete. Place, compact, and finish to blend with adjacent finished concrete. Cure in same manner as adjacent concrete. E Repair isolated random cracks and single holes 1 inch or less in diameter by dry -pack method. Groove top of cracks and cut out holes to sound concrete and clean of dust, dirt, and loose particles. Dampen cleaned concrete surfaces and apply bonding compound. Place dry -pack before bonding agent has dried. Compact dry -pack mixture in place and finish to match adjacent concrete. Keep patched area continuously moist for at least 72 hours. If random cracks and single holes indicate weeping and leakage under adjacent hydrostatic head, seal with Avanti International Scotch Seal 5600 urethane, water -activated grout prior to dry packing. E Perform structural repairs with prior approval of Engineer for method and procedure, using specified epoxy adhesive and mortar. G Repair methods not specified above maybe used, subject to acceptance of Engineer. 3.15 HYDRAULIC LEAKAGE REPAIR A Joints, embedments and penetrations that exhibit leakage or weeping when under adjacent hydrostatic pressure shall be sealed with Avanti International Scotch Seal 5600 water -activated urethane grout. Procedures and surface finish over urethane grout shall be as approved by the Engineer. 3.16 QUALITY CONTROL TESTING DURING CONSTRUCTION A Sampling and testing for quality control during concrete placement shall be performed in accordance with the City of Lubbock Public Works Engineering Minimum Design Standards and Specifications. (1) Strength level of concrete will be considered satisfactory if averages of sets of three consecutive strength test results equal or exceed specified compressive strength and no individual strength test result falls below specified compressive strength by more than 500 psi. R Test results will be reported in writing to Engineer, ready -mix producer, and Contractor within 24 hours after tests. Reports of compressive strength tests shall contain the Project identification name and number, date of concrete placement, name of concrete testing service, concrete type and class, location of concrete batch in structure, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength, and type of break for both 7-day tests and 28-day tests. C. Additional Tests: The Contractor will make additional tests of in -place concrete when test results indicate specified concrete strengths and other characteristics have not been attained in the structure, as directed by Engineer. The Owner may require the Contractor to conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed. May 2021 CAST -IN -PLACE CONCRETE 03300 - 12 MAE SIMMONS PARKING LOT D. Questionable Concrete (1) Concrete shall be considered "Questionable Concrete" where any of the following test evaluations occur: a. Individual test strength is below specified strength; or b. Samples of concrete for acceptance test cylinders are not representative of concrete in -place in the structure; or C. Insufficient or inadequate concrete curing; or d. Insufficient number of acceptance test cylinders for day's concreting were made for testing. (2) Except where core tests will impair the strength of the structure, core test as directed by the Owner shall be made at no cost to the Owner to resolve Questionable Concrete. If core tests fail to demonstrate the test strength required by the contract documents or structural analysis does not confirm the adequacy of the structure, the Owner may, at his discretion, reject the work or require load tests or additional construction. Should structural analysis confirm the adequacy of the structure, the Owner may, at his discretion, accept the concrete with credit for the full value of the concrete delivered to the site in accordance with the General Conditions. (3) The Contractor shall pay all costs incurred in providing the additional testing or analysis to resolve the acceptability of Questionable Concrete. (4) Core Tests a. Three representative cores shall be taken from each member or area of concrete for each test considered questionable. Location of cores shall be as directed by the Owner to least impair the strength of the structure. Damaged cores shall be replaced. b. Cores shall be obtained and tested in accordance with ASTM C42 except that if concrete in the structure will be dry under service conditions the cores shall be air dried (temperature 60 degrees F. to 80 degrees F., and relative humidity less than 60%) for 7 days before test and shall be tested dry. If the concrete in the structure will be more than superficially wet under service conditions, the cores shall be immersed in water for at least 48 hours and testedwet. C. Questionable concrete will be considered structurally acceptable if the average of the cores is equal to or greater than 90% of the specified strength and no single core is greater than 500 psi below specified strength. END OF SECTION May 2021 CONCRETE BOX CULVERTS AND DRAINS 00462 - 13 MAE SIMMONS PARKING LOT SECTIONS 00462 CONCRETE BOX CULVERTS AND DRAINS 1. DESCRIPTION Furnish, construct, and install concrete box culverts and drains. 2. MATERIALS 2.1. General. Provide cast -in -place or precast, formed or machine -made, box culverts, and drains. Use Class S concrete for top slabs of cast -in -place concrete culverts for culverts with overlay, a 1- to 2-course surface treatment or a top slab that is the final riding surface unless otherwise shown on the plans. Use Class C concrete for the rest of the culvert and for all other cast -in -place boxes. Culverts with fill do not require Class S concrete. Furnish material for machine -made precast boxes in accordance with DMS-7310, "Reinforced Concrete Pipe and Machine -Made Precast Concrete Box Culvert Fabrication and Plant Qualification." 2.2. Fabrication. 2.2.1. Machine -Made Precast. Machine -made precast box culvert fabrication plants must be approved in accordance with DMS-7310, "Reinforced Concrete Pipe and Machine -Made Precast Concrete Box Culvert Fabrication and Plant Qualification." The Department's MPL shows approved machine -made precast box culvert plants. Fabricate machine -made precast boxes in accordance with DMS-7310, "Reinforced Concrete Pipe and Machine -Made Precast Concrete Box Culvert Fabrication and Plant Qualification." 2.3. Testing. 2.3.1. Cast -in -Place. Provide test specimens. 2.3.2. Formed Precast. Make, cure, and test compressive test specimens. 2.3.3. Machine -Made Precast. Make, cure, and test compressive test specimens. 2.3.4. Testing Equipment. The producer must furnish all equipment required for testing concrete for boxes produced in a precasting plant. 2.4. Lifting Holes. Provide no more than 4 lifting holes in each section for precast boxes. Lifting holes may be cast, cut into fresh concrete after form removal, or drilled. Provide lifting holes large enough for adequate lifting devices based on the size and weight of the box section. Use lifting holes no larger than 3 in. in diameter. Cut no more than 5 in. in any direction of reinforcement per layer for lifting holes. 2.5. Marking. Mark precast boxes with the following: ❑ Name or trademark of fabricator and plant location; ❑ ASTM designation; ❑ Date of manufacture; ❑ Box size; May 2021 CONCRETE BOX CULVERTS AND DRAINS 00462 - 14 MAE SIMMONS PARKING LOT ❑ Minimum and maximum fill heights; ❑ Designated fabricator's approval stamp; ❑ Boxes to be used for jacking and boring (when applicable); ❑ Designation "SR" for boxes meeting sulfate -resistant concrete plan requirements (when applicable); and ❑ Match -marks for proper installation. Mark 1 end of each box section, for boxes without lifting holes, on the inside and outside walls to indicate the top or bottom as it will be installed. Indent markings into the box section or paint them on each box with waterproof paint. 2.6. Tolerances. Ensure precast sections meet the permissible variations listed in ASTM C1577 and that the sides of a section at each end do not vary from being perpendicular to the top and bottom by more than 1/2 in. when measured diagonally between opposite interior corners. Ensure wall and slab thicknesses are not less than shown on the plans except for occasional deficiencies not greater than 3/16 in. or 5%, whichever is greater. If proper jointing is not affected, thicknesses in excess of plan requirements are acceptable. Deviations from the above tolerances will be acceptable if the sections can be fitted at the plant or j obsite and the joint opening at any point does not exceed 1 in. Use match -marks for proper installation on sections that have been accepted in this manner. 2.6.1. Boxes for Jacking Operations. Use boxes for jacking operations meeting the following additional requirements: ❑ The box ends must be square such that no point deviates more than 3/8 in. from a plane placed on the end of the box that is perpendicular to the box sides, and ❑ The slab and wall thicknesses must not be less than specified on the plans and must not exceed the specified thickness by more than 1/2 in. 2.7. Defects and Repair. Fine cracks on the surface of the member that do not extend to the plane of the nearest reinforcement are acceptable unless the cracks are numerous and extensive. Repair cracks that extend into the plane of the reinforcing steel in an approved manner. Excessive damage, honeycomb, or cracking will be subject to structural review. The Engineer may accept boxes with repairs that are sound, properly finished, and cured in conformance with pertinent specifications. Discontinue further production of precast sections when fine cracks on the surface indicate poor curing practices until corrections are made and proper curing is provided. Repair machine -made precast boxes. 2.8. Storage and Shipment. Store precast sections on a level surface. Do not place any load on the sections until design strength is reached and curing is complete. Shipment of sections is permissible when the design strength and curing requirements have been met. Store and ship machine -made precast boxes. May 2021 CONCRETE BOX CULVERTS AND DRAINS 00462 - 15 MAE SIMMONS PARKING LOT 3. CONSTRUCTION 3.1. Excavation, Shaping, Bedding, and Backfill. Excavate, shape, bed, and backfill except where jacking, boring, or tunneling methods are shown on the plans or permitted. Jack, bore, or tunnel. Immediate backfilling is permitted for all box structures where joints consist of materials other than mortar. Take precautions in placing and compacting the backfill to avoid any movement of the boxes or damage to the joints. Remove and replace boxes damaged by the Contractor at no expense to the Department. 3.2. Placement of Boxes. Place the box sections in conformance with the plans or as directed when precast boxes are used to form multiple barrel structures. Place material to be used between barrels as shown on the plans or as directed. Start the laying of boxes on the bedding at the outlet end and proceed toward the inlet end with the abutting sections properly matched unless otherwise authorized. Fit, match, and lay the boxes to form a smooth, uniform conduit true to the established lines and grades. Lower the box sections into the trench, for trench installations, without damaging the box or disturbing the bedding and the sides of the trench. Carefully clean the ends of the box before it is placed. Prevent the earth or bedding material from entering the box as it is laid. Remove and re -lay, without extra compensation, boxes that are not in alignment or show excessive settlement after laying. 3.3. Jointing. Box joints for rubber gasketed material may be substituted for tongue and groove joints, provided they meet the requirements of ASTM C1677 for design of the joints and permissible variations in dimensions. 3.4. Connections and Stub Ends. Make connections of boxes to existing boxes, pipes, drains, or drain appurtenances as shown on the plans. Mortar or concrete the bottom of existing structures if necessary to eliminate any drainage pockets created by the connections. Connect boxes to any required headwalls, wingwalls, safety end treatments or riprap, or other structures as shown on the plans or as directed. Repair any damage to the existing structure resulting from making the connections. Finish stub ends for connections to future work not shown on the plans by installing watertight plugs into the free end of the box. Fill lifting holes with mortar or concrete and cure for precast boxes. Precast concrete or mortar plugs may be used. 3.5. Extending. Break back and extend existing culverts. 4. MEASUREMENT This Item will be measured by the foot. Measurement will be made between the ends of the culvert or drain along the flow line, not including safety end treatments. Measurement of spurs, branches, or new connection box section will be made from the intersection of the flow line with the outside surface of the structure into which it connects. Where inlets, headwalls, wingwalls, catch basins, manholes, junction chambers, or other structures are included in lines of culverts or drains, the length of box section tying into the structure wall will be included for measurement, but no other portion of the structure length or width will be included. The measured length of multiple barrel structures will be the sum of the lengths of the barrels. This is a plans quantity measurement Item. May 2021 CONCRETE BOX CULVERTS AND DRAINS 00462 - 16 MAE SIMMONS PARKING LOT PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Concrete Box Culvert" of the size specified. This price is full compensation for constructing, furnishing, and transporting sections; preparation and shaping of the bed; backfill material between box sections; jointing of sections; jointing material; cutting of sections on skew or slope; connections to new or existing structures; breaking back, removing and disposing of portions of the existing structure and replacing portions of the existing structure as required to make connections; concrete and reinforcing steel; and equipment, labor, materials, tools, and incidentals. END OF SECTION May 2021 CONCRETE BOX CULVERTS AND DRAINS 00462 - 17