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Resolution - 2001-R0137 - Contract Agreement - Hulcher Services Of Denton - 04/12/2001
Resolution No. 2001-RO137 April 12, 2001 Item No. 62a RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, subject to the acquisition of easements and right of way agreements that are necessary to begin construction, a Contract for a railroad spur to served the Interport Trade Center, per ITB #015-01/VK, by and between the City of Lubbock and Hulcher Services of Denton, 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 this 12th day of April , 2001. j ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: Victor Kilman Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Dli/Ccdocs/Rai lroadSpur. H u icherServices. res April 10, 2001 CITY OF LUBBOCK SPECIFICATIONS FOR RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER BID #015-01NK EDA PROJECT NO. 08-49-03071 BOND CHECK GEST RATIAiG' f' LICENSE 1 TEXAS DATE / 0/ BYls� CITY O LIJF3BOCK Lubbock s , Texas ma .-a E3 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #1 ITB #015-01/\/K RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER r MAILED TO VENDOR: February 23, 2001 CLOSE DATE: March 8, 2001 @ 3:00 p.m. (CST) The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. General Conditions of the Agreement, Section 27(A.) General Liability Insurance, the following sentence is changed to read: The contractor shall have Comprehensive General Liability Insurance with limits of $5.000,000 Combined Single Limit in the aggregate and $5,000,000 per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard AGG Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Fire Damage (Any one Fire) Property Damage Pressurized Vessel Endorsement Mobile Equipment Endorsement 2. City of Lubbock's overall DBE goal for FY2000 is 9.0% of the Federal financial assistance that we will expend in DOT -assisted contracts. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information with its bid as a condition of responsiveness: • The names and addresses of DBE firms that will participate in the contract; ■ A description of the work that each DBE will perform; ■ The dollar amount of the participation of each DBE firm participation; ■ Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; ■ Written and signed confirmation from the DBE that it is participating in the contract as .provided in the prime contractor's commitment; and ■ If the contract goal is not met, evidence of good faith efforts. Page 1 of 4 3. A graphic file of the alignment of the rail spur (h-align.dxf) and a graphic file containing the topographic survey points for the rail spur (topopnts.dxf) are provided as an email attachment. Hard copies may be obtained by contacting Parkhill, Smith & Cooper at 806-473-2200. 4. The cost of grading in the intersection of the new rail spur and the TxDOT ROW at FM Highway 1294 is included in item number 7 of the Bid Submittal. The limits of this grading is further defined as: • On the southeast (culvert flow line at 3279.52), re -grade approximately 380 -feet to the east at a slope of 1.4%. • On the southwest (ditch flowline at 3280.67), re -grade approximately 280 -feet to the west at a slope of 0.24%. • On the northeast (culvert flowline at 3279.18) re -grade approximately 100 ft to the east (approximate distance to the small drainage structure at a slope of 4.8%). • On the northwest (ditch flowline at 3281.49) re -grade approximately 25 -feet to the west at a slope of 1.94%. """ • All grading in the TxDOT ROW should start at the edge of the existing paved shoulder. From the edge of pavement, the side slope should be a straight grade to the ditch flowline 15 -feet from the edge of pavement. The back slope should transition back to meet existing grade at a 4:1 maximum slope. 5. Remove all reference to the geotextile fabric shown on sheet C12 of the plans, Typical Sections. Geotextile Fabric will only be required at the Concrete and Timber grade crossings. 6. Borrow material can be obtained on site from within the corridor shown on the plans by flattening the ditch back slope shown in the Typical Sections, Sheet C12. The distance of transition from ditch flowline to existing grade must fall within the 100 -foot wide construction corridor shown on the plans and must be steeper than 20:1. 7. Paragraph 02200, 2.1-G, Materials, of the specifications. Delete this paragraph and replace it with the following: "Only suitable material from within the construction corridor shown on the plans shall be used for embankment or fill. Suitable material is defined as material free of rocks or gravel greater than 3.0 -inches in any dimension, debris, waste or vegetation." 8. Paragraph 02200, 2.2-A, Embankment of the specifications. Delete the second, third and fourth sentences from this paragraph and replace it with the following: "The contractor shall obtain material necessary to complete embankment areas from within the construction corridor shown on the plans. The material shall be free of rocks or gravel greater than 3.0 -inches in any dimension, debris, waste or vegetation." 9. Sheet C09 of the plans notes that the contractor is responsible for grading the ditch to maintain the runoff flow pattern regardless of the end rail station, or regardless of which deductive alternates are awarded. At a point 50 -feet south of the bumping post the west ditch should transition and meet the east ditch so that the two ditches become one. This single V -bottom ditch with 3:1 side slopes should continue to the point of termination as described below. • If no deductive alternates are awarded the contractor should terminate the ditch at station 114+06+/-, as shown on the plans. • If deductive alternate A is awarded (track ends at station 89+09.51) the contractor should grade the ditch as shown on the plans to station 95+50 then turn the ditch to the east (to parallel the access road) and extend the ditch to the low-water crossing 125 -feet to the east. • If deductive alternate B is awarded (track ends at station 69+09.51) the contractor should grade the ditch from the southern headwall of the culvert at 0.2% to match existing grade at station 87+00. • If deductive alternate C is awarded (track ends at station 49+09.51) the contractor will not have any additional ditch grading. ,■*. Page 2 of 4 No Text i No separate payment will be made for grading the ditch to drain beyond the end of the rail. 10. No separate payment will be made for embankment, subgrade preparation or ditch grading adjacent to the track. The cost associated with this item should be included in the unit cost of track, per track foot regardless of which deductive alternate is awarded. Earthwork quantities can be calculated from the plans or a digital copy of the horizontal alignment and the original topographic survey ASCII file is included with this addendum. 11. Paragraph 01040, 1.3, Field Engineering. Delete paragraphs A and E and add the following: "The contractor shall bear the cost associated with all field engineering and surveying services." 12. Paragraph 02450, 2.1, B. Ballast. Delete this paragraph and replace it with the following: "All ballast shall be crushed limestone. AREMA size number 5 shall be used in areas where walking adjacent to the track is necessary and size number 4 used elsewhere. The ballast materials shall meet the following testing values: Percent of Material Passing No. 200 Sieve 1.0% ASTM C117 Bulk Specific Gravity 2.60 ASTM C127 Absorption Percent 2.0 ASTM C127 Clay Lumps & Friable Particles 0.5% ASTM C142 Degradation 30% ASTM C535 Soundness (Sodium Sulfate, 5 cycles) 20% ASTM C88 Flat and/or Elongated Pieces 5.0% USACE CRD -C 119." 13. Paragraph 02450, 2.1, C. Ties. Add the following to this paragraph: "New ties shall be used in curves (PC to PT), crossings, and switches (complete set of switch ties) industry grade ties may be used on the remainder of the project." 14. Paragraph 02450, 2.1, D. Rails. Delete the first two sentences of this paragraph and replace them with the following: "Rail shall weigh a minimum of 112 pounds per yard compatible with Burlington Northern/Santa Fe punch spacing. Larger rail will be allowed. Rail shall be new or good relay material. Good relay material is defined as rail having a maximum headwear of 3/16" and a maximum gauge face loss of 3/16". 15. Paragraph 02450, 2.1, E. Switches and Frogs. Add the following to this paragraph: "The industry grade switch shall have floating heel blocks. The turnout shall be good secondhand." 16. Paragraph 02450, 2.1, K. Gage Rods. Delete this paragraph, gauge rods will not be used on this job. 17. Paragraph 02512, 2.1, A. Aggregate. Modify the last sentence of this paragraph to read: "The maximum allowable wet ball mill loss shall be 50. A minimum PI will not be specified. However, if filler in addition to that naturally present in the base course material is necessary for satisfactorily bonding of the material, for changing the soil constants of the material passing the No. 40 mesh sieve, or for correcting the gradation to the limitations of the specified gradation, it shall be uniformly blended with the base course material at the crushing plant or at the mixing plant." 18. Paragraph 01400, 1.4, INSPECTION AND TESTING LABORATORY SERVICES. Delete the entire paragraph and replace with the following: w "1.7 INSPECTION AND TESTING LABORATORY SERVICES A. An independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the Engineer. B. Reports will be submitted by the independent firm to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. C. Cooperate with independent firm; furnish samples of materials, design mix, equipment, +-+ tools, storage, safe access, and assistance by incidental labor as requested. «* Page 3 of 4 No Text � . Notify Engineer and independent firm 48 hours prior to expected time for operations requiring services. a for additional samples and tests 2. Make arrangements with independent firm and pay required for Contractor's use. performing Work to contract D. Testing or inspecting does not relieve contractor from requirements.use of non-conformance to specified requirements shall be E. Re -testing required beca independent firm on instructions by the Engineer. Payment for re - r performed by the same r testing will be paid by the Contractor:' resent no more action testing frequency shall be in such a manor that each test shat rep The comp yards. than 300 square y en track. Revise the las laps notes the frequency of anchor locations In open provided at a minimum rate anchorage per 39 -foot panel shall be p 19. Sheet C16 of the pper panel in curve sections." sentence of this note to read: "Rail ent t ack and 32 anchors p p general prevailing rate of 16 p per panel in tang rate r per anchors p p prevailing articularly called tothee City EDA schedu eeof general p 20. Attention of each bidder is p e rate that must be paid on this of per diem wages, Exhibit A and Exhibit B, an gene prevailing rate of per diem wages included in these o in the City of Lubbock scntract documents. The hedule of ge em wages, whichever is project shall not be less than sp general prevailing rate of p er per diem wages or the S28 EDA schedule of g M greater. All requests for additional information or clarification must be submitted in writing and directed to: Victor Kilman, Purchasing Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)775-2164 Questions may be faxed to : vkilman@mail.ci.lubbock.tx.us or Email. to: THANK YOU, CITY OF LUBBOCK Victor Kilman Purchasing PLEASE RETURN ONE COPY OF THIS ADDENDUM W1TH YOUR BID. Page 4 of 4 No Text City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #2 ITB #015-01 NK RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER MAILED TO, VENDOR: February 28, 2001 OLD CLOSE DATE: March 8, 2001 @ 3:00 p.m. (CST) NEW CLOSE DATE: March 22, 2001 @ 3:00 p.m. (CST) The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Q. Item 18 of Addendum #1 Paragraph 01400, 1.4, Inspection and Testing Laboratory Services. Will the City of Lubbock employ the testing lab? A. Yes Q. Please list major items of equipment that the contractor will be required to supply. A. None Q. Please indicate what type of storage will be required for the testing lab. A. None 2. Q. In reference to the railroad ties referenced in Addendum #1, Item #13 - paragraph 02450, 2.1, c, ties. Shouldn't this read: "New grade HARDWOOD ties shall be used in curves (PC TO PT), crossings and switches (complete set of switch ties). NEW industrial grade HARDWOOD ties may be used on the remainder of the project."? The reason for concern is that PINE TIES or RELAY TIES can be considered as INDUSTRIAL GRADE TIES. Item #13- Addendum #1- Are industry grade ties to be new? Are the ties in curves and crossings to be AREMA Grade ties? A. Paragraph 02450, 2.1, C. Ties. Delete the following sentence in Addendum #1: "New ties shall be used in curves (PC to PT), crossings, and switches (complete set of switch ties) industry grade ties may be used on the remainder of the project." Add the following to this paragraph: "New industry grade hardwood ties 7" x 8" (AREMA No. 4) shall be used in curves (PC to PT). New hardwood ties 7" x 9" (AREMA No. 5) shall be used in the crossings and switches (complete set of switch ties). Good secondhand industry grade hardwood ties may be used for the remainder of the project. Length of the cross ties shall be a minimum 8'6" except for the ties in the switches and crossings." 3. Q. Addendum #1, Item #2 states that written and signed conformation from the DBE that is participating in the contract must be provided with the bid. We will be accepting price quotes from all subcontractors until bid time. Negotiation with these subcontractors will not be complete until bid time. It will be impossible for the general contractors to have written conformation that DBE subs will be participating in the contract. The general contractor will be able to show "good faith effort" at the time of the bid. Is proof of good faith effort at bid time adequate for this contract stipulation? .�., Page 1 of 2 A. If the general contractor lists a DBE subcontractor in his bid, the general contractor must submit written evidence with his bid that the DBE subcontractor actually submitted a bid to the general contractor for the work. 4. A BNSF Application for Insurance is attached for your convenience. The bid close date has been extended in order to allow bidders additional time to be placed on BNSF's Industrial Development Track Contractor List. The Close Date is changed From: March 8, 2001 @ 3:00 p.m. (CST) To: March 22, 2001 @ 3:00 p.m. (CST) All requests for additional information or clarification must be submitted in writing and directed to: Victor Kilman, Purchasing Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: vkilman@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Victor Kilman Purchasing PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. Page 2 of 2 The Burlington Northern Santa Fe Railway Company Blanket Railroad Protective Program - Permits Application for Insurance BNSF REQUIRES RAILROAD PROTECTIVE LIABILITY INSURANCE IN THE NAME OF THE BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY FOR LIMITS OF $2MM PER ,A.. OCCURRENCE/$6,000,000 AGGREGATE PER ISO/RIMA POLICY FORM CGO0351093 ENDORSED TO INCLUDE LIMITED SEEPAGE, POLLUTION AND EVACUATION COVERAGE. 1. Contractor Name/ Are you the permittee: YES NO Address Have you applied for a permit YES NO Do you have a contract with BNSF: YES NO If not, who is the contract with: Contractor Contact: (Name) (Phone) 2. Who is your BNSF Contact Person: (Phone) 3. Job Description: Job Location: Transverse: YES NO Longitudinal: YES NO Open Cut: YES NO Length (feet): Underground # of Bores: Overhead or Underground 4. Start Up and Estimated Completion Dates: 5. Contract Cost Total: Contract Cost Within 50 Feet of Track: 6. Permitee's Insurance: ADDITIONALLY A certificate of insurance is required evidencing SIMM per occurrencel$2MM aggregate general liability coverage including contractual liability with the "work within 50 feet of a railroad" exclusion deleted. The certificate should also evidence the addition of The Burlington Northern and Santa Fe Railway Company, P.O. Box 961073, Ft. Worth, Texas 76161-0073 as an additional insured, including 30 days cancellation notice, or as required by contract. 7. Quoted Premium: Quoted By: Date: Quotation is valid for 30 -days only, thereafter we will close our file. In order to bind coverage, a check for the quoted premium made payable to Marsh USA, Inc., attn. Espinola Hopkins, reference account # 101180, the certificate of insurance evidencing the conditions noted above, and this completed form must be sent to: Marsh USA, Inc. 1601 Elm Street, Suite 42100 Dallas, Texas 75201 Attn. Rosa Martinez, Phone 214 -765 -859],e -mail: rosa.m.martinez a,marshme.com Or: Linda Baker, Phone: 214-765-8430, e-mail: linda.h.baker a,marshmc.com Or: Rob Renz, Phone 214-765-8675, e-mail: conrad.renz(a),marshmacom Fax: 214-765-8500 BNSF Insurance Requirements For Permits And Contracts (Note: This section deeds to be amended per current BNSF contract procedures) Permittees and contractors must at their own expense obtain and maintain in force during construction the following insurance: 1. Commercial General Liability Insurance including contractual liability and products completed/operations, against claims arising out of bodily injury, illness and death and from damage to or destruction of property of others, including loss or use thereof, and including liability of Burlington Northern Railroad Company, with minimum limits for bodily injury and property damage of $1,000,000 for each occurrence, with an aggregate of $2,000,000. This policy shall contain a "Waiver of Transfer Rights" or "Waiver of Subrogation" endorsement to waive any right of recovery that the insurance company may have against Burlington Northern Railroad Company because of payments made for bodily injuries and property damage. The Burlington Northern and Santa Fe Railway Company must be named as an additional insured and the "work within 50 feet" exclusion must be deleted. 2. Business Automobile Policy Insurance including owned, non -owned, and hired vehicles with minimum limits for bodily injury and property damage of $1,000,000 per occurrence, on all vehicles that the Permittee or any of its agents or employees may use at any time in connection with the performance of this Agreement. Such policy shall comply with any Personal Injury Protection ("No Fault") requirements in any state in which work is being performed pursuant to this Agreement. 3. Workers' Compensation Insurance or coverage as required under the Workers' Compensation Act of the applicable state. The policy should include occupational disease to required statutory limits, employer's liability of $1,000,000 to include FELA, if appropriate, and an "all states" endorsement. This policy shall contain a "Waiver of Transfer Rights" or "Waiver of Subrogation" endorsement to waive any right of recovery that the insurance company may have against Burlington Northern Railroad Company because of payments made for bodily injuries and property damage. Evidence of insurance (certificate) must be provided prior to commencement of work. BNSF shall not be a named insured on the above policies. 4. Railroad Protective Liability Insurance policy (ISO -RIMA form #CG00351093) issued in the name of Burlington Northern Railroad Company with limits of $2,000,000 for bodily injury and property damage per occurrence and an aggregate of $6,000,000. This policy will provide Limited Seepage and Pollution coverage, remain in force during the construction phase of the project and be provided to Burlington Northern Railroad Company for approval prior to commencement of work. OPTION Burlington Northern Santa Fe Railroad Company has a Blanket Railroad Protective Liability Insurance Policy available for work on railroad property. Coverage is provided during the construction phase of a permit or contract with limits of coverage as stated in 4. above. The contractor or subcontractor must carry a minimum of $1,000,000 .,� per occurrence of general liability insurance to qualify for participation. Ask the BNSF representative about this program. r.� City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING •�* 162513 TH STREET M LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #3 ITB #015-01 /VK RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER MAILED TO VENDOR: March 7, 2001 CLOSE DATE: March 22, 2001 @ 3:00 p.m. (CST) The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Paragraph 02450, 2.1, C. Ties. Revise the following paragraph to read: "New industry grade hardwood ties 7" x 8" (AREMA No. 4) shall be used in curves (PC to PT). New hardwood ties 7" x 9" (AREMA No. 5) shall be used in the crossings and switches (complete set of switch ties). Number One (#1) relay ties 7" x 8" may be used for the remainder of the project. Length of the cross ties shall be a minimum 8'6" except for the ties in the switches and crossings." ' 2. Paragraph 02450, 2.1, D. Rails. Rail shall weigh a minimum of 112 pounds per yard compatible with Burlington Northern/Santa Fe punch spacing. Larger rail will be allowed. Rail shall be new or good relay material. Good relay material is defined as rail having a maximum headwear of 3/16" and a maximum gauge face loss of 3116. Headfree rail will not be allowed on this project. 3. Please find attached revised topographic survey. This survey replaces the one issued with Addendum #1. 4. Q. 1 cannot determine if the "Switch Point Derail" is a Single or Double Switch Point derail. Please clarify. A. Double Switch Point Derail is what we need. 5. Q. Is the City of Lubbock providing the Railroad Protective Liability Insurance policy? A. No, the Contractor is to procure and carry at its sole expense through the life of the contract, insurance protection specified in the General Conditions of the Agreement, Section 27(A -G). Railroad Protective Liability Insurance is specified in Section 27(D). A certificate of insurance specifying each and all coverages shall be submitted to the City prior to contract execution. The insurance certificate furnished shall name the City of Lubbock, Parkhill Smith & Cooper, and Burlington Northern Santa Fe Railway Company as additional insureds. All requests for additional information or clarification must be submitted in writing and directed to: Victor Kilman, Purchasing Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 ?~~ or Email to: vkilman@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Victor Kilman, Purchasing Manager PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. r* City of Lubbock ADDENDUM 94 PURCHASING DEPARTMENT ITB #015-01 NK ROOM L04, MUNICIPAL RAILROAD SPUR TO SERVE THE BUILDING INTERPORT TRADE CENTER 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: March 7, 2001 CLOSE DATE: March 22, 2001 @ 3:00 p.m. (CST) The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Addendum #1, Item 12, Paragraph 02450, 2.1, B. Ballast. Q. Will crushed caliche substitute for crushed limestone assuming the caliche can meet the specifications as listed for this item ? A. No, caliche will not substitute for crushed limestone for approved ballast material. All requests for additional information or clarification must be submitted in writing and directed to: Victor Kilman, Purchasing Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: vkilman@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Victor Kilman, Purchasing Manager PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TI STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 hftp://purchasing.ci.lubbock.tx.us ADDENDUM #5 ITB #015-01 /VK RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER MAILED TO VENDOR: March 19, 2001 CLOSE DATE: March 22, 2001 @ 3:00 p.m. (CST) The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Q. In regard to Addendum #3 that allows for Number One (#1) relay ties 7" X 8" to be used except in Crossings and turnouts, would new, fully endplated, AREA Grade 6" X 8" X 8 1/2' hardwood ties be acceptable? They are nearly the same price as #1 relay ties and would be superior. A. We can use the 6" x 8" ties you described if we decrease the spacing 19.5" on centers instead of 21.5" centers. All requests for additional information or clarification must be submitted in writing and directed to: Victor Kilman, Purchasing Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: vkilman@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Victor Kilman, Purchasing Manager PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. r" No Text CITY OF LUBBOCK SPECIFICATIONS FOR RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER LUBBOCK INTERNATIONAL AIRPORT BID #015-01 /VK EDA PROJECT NO. 08-49-03071 r r .W" No Text CITY OF LUBBOCK INVITATION TO BID FOR TITLE: RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER ADDRESS: LUBBOCK, TEXAS BID NUMBER: 015-01NK ACCOUNT NUMBER: 6511.293.9603.9103 EDA PROJECT NUMBER: 08-49-03071 CONTRACT PREPARED BY: PURCHASING DEPARTMENT No Text INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - UNIT PRICE BID CONTRACT EXHIBIT A -BASE BID -ALTERNATE BIDS 4. LIST OF SUBCONTRACTORS 5. INSURANCE REQUIREMENT AFFIDAVIT 6. PAYMENT BOND ., 7. PERFORMANCE BOND 8. CERTIFICATE OF INSURANCE 9. CONTRACT 10. GENERAL CONDITIONS OF THE AGREEMENT r-, 11. CURRENT WAGE DETERMINATIONS 12. SUPPLEMENTARY CONDITIONS 13. EXHIBIT B - EDA SUPPLEMENTAL GENERAL CONDITIONS .�., 14. SPECIFICATIONS r _ NOTICE TO BIDDERS roll r-- NOTICE TO BIDDERS BID #015-011VK Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 8th day of March, 2001, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project with a budget amount of $1,050,000: "RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 o'clock p.m. on the 8th day of March, 2001, and the City of Lubbock City Council will consider the bids on the 22nd day of March, 2001, at the Municipal Building, 1625 13th Street, 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 $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. 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 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 and execute all necessary bonds within fifteen (15) days after notice of award of the contract to him. The bid bonds of all bidders shall be retained until after the award of contract is made. The bid bond of the successful bidder shall be retained until the contract is fully executed by all parties, the receipt of all necessary insurance certificates, and the posting of performance and payment bonds. The failure of the bidder to accept an award and file acceptable insurance certificates and required bonds within 15 days after notice of award shall be just cause for cancellation of the award and forfeiture of the bid bond to the City of Lubbock as liquidated damages. Award may then be made to the next lowest responsive and responsible bidder. -+ It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non- mandatory pre-bid conference on the 20th day of February, 2001 at 10:00 o'clock a.m., in Lubbock International Airport Blue Room, 2nd Floor, 5401 N. MLK Blvd., Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13th Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $60.00 non-refundable charge per set. Plans and specifications may be obtained through Parkhill, Smith & Cooper, Inc., 4222 85th Street, Lubbock, Texas 79423, (806) 473-2200. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. - CONTINUED NEXT PAGE - Bidder's attention is called to the fact that there is a Base Bid and Alternate Bids in the bid document. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage -^ scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775-2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. CST, the 8th day of March, 2001 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #015-011VK, RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. 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. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. �+ 2 PRE-BID MEETING 2.1 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 at 10:00 a.m., February 20, 2001 in Lubbock International Airport Blue Room, 2nd Floor, 5401 N. MLK Blvd., Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 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 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 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 Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the A^ Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. 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 Department no later than ten (10) days before the bid closing date. 3.3 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 r supplied by the City of Lubbock Purchasing Department 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. r" i 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 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. 4.2 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. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager 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 Manager 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 ten (10) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 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. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 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. 6.2 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. 6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES. PERMITS TAXES 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. 8 CONFLICT OF INTEREST 8.1 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 in regard to this bid. 8.2 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. ., 2 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 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. 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge. The contract documents may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 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 Manager 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 Office no later than ten (10) calendar days before the bid closing date. A review of such notifications will be made. r•+ 11.2 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 TEN (10) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: VICTOR KILMAN, PURCHASING MANAGER City of Lubbock 162513 th Street Lubbock, Texas 79401 �.., Fax: (806) 775-2164 Email: VKilman@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 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. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 14 AFFIDAVITS OF BILLS PAID The City of Lubbock, prior to final acceptance of this project, requires 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. 15 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the '^ 3 Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. .-, 16 GUARANTEES 16.1 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 ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 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. 16.3 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. A., 16.4 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. 17 PLANS FOR THE CONTRACTOR The Contractor will be furnished ten (10) sets of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 18 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. (d) A letter, on Contractor and Subcontractor insurer's letterheads, stating the Workmen's Compensation Insurance Experience Rating for Contractor and Subcontractor. (e) If, after award of contract, the Contractor adds or substitutes subcontractors, then an insurer's letter stating the Workmen's Compensation Insurance Rating shall be provided to the City for each added or r- substituted subcontractor. ** 4 r■, 19 TEXAS STATE SALES TAX 19.1 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. 19.2 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. 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. 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, and the private utility owner, as applicable, at Contractor's expense. 21 BARRICADES AND SAFETY MEASURES 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. 22 EXPLOSIVES 22.1 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. r' 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 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. 23 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 24 INSURANCE 24.1 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 Burlington Northern Santa Fe Railway Company and written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All policies shall contain an ,., agreement on the part of the insurer waiving the right to subrogation against the city and Burlington Northern Santa Fe Railway Company. 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 5 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. 24.2 The insurance certificates furnished shall name the City of Lubbock (the City), Parkhill, Smith & Cooper, Inc. (the Engineer), and Burlington North Santa Fe Railway Company (the Railroad Company) as additional insureds. 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. 25 LABOR AND WORKING HOURS 25.1 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 Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 25.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 25.1.2 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. 25.1.3 A longer workweek is authorized under Section 01140 - Work Restrictions of the specifications. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the ^^ weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project r- under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees 17„ according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. .A" 27 28 29 PROVISIONS CONCERNING ESCALATION CLAUSES 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. PREPARATION FOR BID 28.1 The bidder shall submit his bid in duplicate on forms furnished by the City or electronically reproduced by the bidder. Forms electronically reproduced by the bidder must be identical in every respect to the forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price 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 price written in words and the price written in figures, the price written in words shall govern. Bidder's bid submittal must be in duplicate and must include the following: ■ Bid Submittal Form Including "Exhibit N' ■ List of Subcontractors ■ City of Lubbock Insurance Requirement Affidavit ■ Bid Bond ■ DBE Requirements (See Section 32.3 Below) 28.2 If 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. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner (The City does not accept bids by fax. the envelope in the following manner.): 28.3.1 Bidder's name 28.3.2 Bid for Railroad Spur To Serve The Interport Trade Center. 28.4 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. 28.5 Pursuant to Texas Local Government Code 252.043(a), 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. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders (b) General Instructions to Bidders (c) Bid Submittal Form and "Exhibit A' (d) Statutory Payment and Performance Bonds (e) Contract (f) General Conditions of the Agreement (g) Special Provisions ., 7 GO (h) Technical Specifications (i) Insurance Certificates (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 30 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock and the Railroad 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 and the Railroad about the bidder's qualifications. The City of Lubbock and the Railroad 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 and the Railroad all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock and the Railroad 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. (d) The quality of performance of previous contracts or services. (e) Worker's Compensation Experience Rating. 31 BID AWARD 31.1 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. 31.2 The City reserves the right to accept the Total Base Bid and Alternate Bids in any order or combination that serves its best interests. The low bid shall be determined on the price combination of the Total Base Bid and any accepted Alternate Bids. 31.3 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. 31.3 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. 31.4 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. 31.5 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. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR AMR 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. .�+ 31.7 The successful bidder must satisfy the City and the Railroad Company as to the bidder's ability to perform the work and meet all contractual obligations set forth in the contract to be executed. O No Text m 32 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 32.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, PRO, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 32.2 A DBE is defined as a small business concern which is at least 51 % owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 32.3 Good Faith Efforts (Information to be submitted) City of Lubbock treats bidders' compliance with good faith efforts requirements as a matter of responsiveness. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information with its bid as a condition of responsiveness: 1. The names and addresses of DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform; 3. The dollar amount of the participation of each DBE firm participation; 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. 32.4 Demonstration of good faith efforts The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Attachment 7 of the Airport's DBE plan, http://purchasing.ci.lubbock.tx.us/vendor.htm . The following personnel are responsible for determining whether a bidder who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: Persons assigned to evaluate bids or proposals as specified on the City's "Request to Solicit Competitive Bids or Proposals — Procurement Document Submittal Form." We will ensure that all information is complete and accurate and adequately documents and bidder's good faith efforts before we commit to the performance of the contract by the bidder. 32.5 Administrative reconsideration Within 10 days of being informed by City of Lubbock that it is not responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidders should make this request in writing to the following reconsideration official: Victor Kilman, Purchasing Department, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. The reconsideration official will not have played any role in the original determination that the bidder did not make/document sufficient good faith efforts. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. We will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation. 32.6 Good Faith Efforts when a DBE is replaced on a contract City of Lubbock will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The City will require the prime contractor to notify the DBE Liaison Officer am M (DBELO) immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. " In this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. 32.7 Counting DBE Participation The City will count DBE participation toward overall goals as provided in 49 CFR 26.55. 32.8 Certification * The DBELO will use the certification standards of Subpart D of part 26 and the certification procedures of Subpart E of part 26 to determine the eligibility of firms to participate as DBEs in DOT -assisted contracts. In addition, the Department of Aviation has approval from Citibus, the City's transit authority and the Affirmative Action and Contract Compliance Division of the City of Houston, Texas to assist in applying certification standards. To be certified as a DBE, a firm must meet all certification eligibility standards. The City will make their certification decisions based on the facts as a whole. 32.9 Process The City's certification application form and documentation requirements are found in Attachment 5 of the Airport's DBE Plan. For information about the certification process or to apply for certification, firms should contact: Mark Earle, Director of Aviation, Lubbock International Airport, Rt. 3 Box 389, Lubbock, Texas 79403, 806!775- 3126, mearle(a)mail.ci.lubbock.tx.us. In the event the City proposes to remove a DBE's certification, the City will follow procedures consistent with 26.87. Attachment 6 to the Airport's DBE Plan sets forth these procedures in detail. To ensure separation of functions in a decertification, the City has determined that the Purchasing Manager will serve as the decision maker in decertification proceedings. The City has established an administrative "firewall" to ensure that the Purchasing Manager will not have participated in any way in the decertification proceeding against the firm (including the decision to initiate such a proceeding). If the City denies a firm's application or decertifies it, the firm may not reapply until 12 months have passed from our action. 32.10 Certification Appeals Any firm or complainant may appeal the City's decision in a certification matter to DOT. Such appeals may be sent to: Department of Transportation Office of Civil Rights Certification Appeals Branch, 400 7th St., SW, Room 2104, Washington, DC 20590. The City will promptly implement any DOT certification appeal decision affecting the eligibility of DBEs for all DOT -assisted contracting (e.g., certify a firm if DOT has determined that our denial of its application was erroneous). 32.11 "Recertifications" The City will review the eligibility of DBEs that the City might have certified under former part 23, to make sure that they meet the standards of Subpart D of part 26. The City will complete this review within four years beginning October, 1999. In order to comply with requirements of re -certification each currently certified DBE the airport works with as well as any new applicant for certification will be required to submit a Statement of Personal Net Worth as shown in Exhibit 9 of the Airport's DBE plan. For firms that the City has certified or reviewed and found eligible under part 26, the City will review their eligibility every five years following the date of their certification. These reviews will include the following components: 1. The City of Lubbock will require that the firm complete a new DBE Certification Form. 2. The City of Lubbock may use on-site visits where necessary to make proper determinations. !"" 10 P" 3. The City of Lubbock will use any discretion to certify a firm on reliance of the decisions made by DOT or another recipient, to make an independent certification decision based on additional documentation provided by another recipient or to require the applicant to proceed through our application procedure without regard to the action of the other recipient 4. City of Lubbock reserves the right to determine recertification procedures on a case-by-case basis. 32.12 "No Change" Affidavits and Notices of Change The City will require all certified DBEs to inform the DBELO, in a written affidavit, of any change in its circumstances affecting its ability to meet size, disadvantaged status, ownership or control criteria of 49 CFR part 26 or of any material changes in the information provided with the DBE's application for certification. The City will also require all owners of all DBEs the City has certified to submit, on the anniversary date of their certification, a "no change" affidavit meeting the requirements of 26.830). The text of this affidavit is the following: I swear (or affirm) that there have been no changes in the circumstances of [name of DBE firm] affecting its ability to meet the size, disadvantaged status, ownership, or control requirements of 49 CFR part 26. There have been no material changes in the information provided with [name of DBE]'s application for certification, except for any changes about which you have provided written notice to the City of Lubbock under 26.83(1). [Name of firm] meets Small Business Administration (SBA) criteria for being a small business concern and its average annual gross receipts (as defined by SBA rules) over the firm's previous three fiscal years do not exceed $16.6 million. The City will require DBEs to submit with this affidavit documentation of the firm's size and gross receipts. The City will notify all currently certified DBE firms of these obligations by newsletter or direct mail beginning October, 2000. This notification will inform DBEs that to submit the "no change" affidavit, their owners must swear or affirm that they meet all regulatory requirements of part 26, including personal net worth. Likewise, if a firm's owner knows or should know that he or she, or the firm, fails to meet a part 26 eligibility requirement, the obligation to submit a notice of change applies. 32.13 Bidders List The City of Lubbock will create a bidders list, consisting of information about all DBE and non -DBE firms that bid or quote on DOT -assisted contracts. The purpose of this requirement is to allow use of the bidders list approach to calculating overall goals. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms. The City will collect this information in the following ways: a notice in all solicitations and direct request to firms quoting on subcontracts to report information directly to the DBELO. The City of Lubbock will work closely with all prime bidders in order to collect necessary information of all firms who quote to them on contracts. 32.14 Monitoring Payments to DBEs The City will require prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Lubbock or DOT. This reporting requirement also extends to any certified DBE subcontractor. The City will keep a running tally of actual payments to DBE firms for work committed to them at the time of contract award. The City will perform interim audits of contract payments to DBEs. The audit will review payments to DBE �. subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. 32.15 Reporting to DOT "* The City will report DBE participation to DOT annually on Form 4630, as modified for use by FAA recipients. "M 11 0 33 Confidentiality The City will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. The City of Lubbock will maintain efforts to be consistent with the law as set forth in: the Freedom of Information Act under USC: Title 5. The relevant text is found in § 552(b)(2) and (4). The City of Lubbock will interpret these parts as policy to refuse the release of and access to, any information deemed to be related solely to the internal personnel rules and practices of an agency; or as trade secrets and commercial or financial information obtained from a person and privileged or confidential. Further, in compliance with USC: Title 18 § 1905 concerning the disclosure of confidential information: The City of Lubbock will not publish, divulge, disclose or make known in any manner or to any extent not authorized by law any information coming to us in the course of employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with the City of Lubbock, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law. Notwithstanding any contrary provisions of state or local law, we will not release personal financial information submitted in response to the personal net worth requirement to a third party (other than DOT) without the written consent of the submitter. 34 Non Discrimination Clause The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. #�. 35 Prompt Pavment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from City of Lubbock. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Lubbock. This clause applies to both DBE and non -DBE subcontractors. The City of Lubbock will require that all contractors comply with the Texas Government Code 2251.022. Chapter 2251 of the Texas Government Code generally defines past due dates and provides for payments for goods and services to vendors, general contractors, and subcontractors. Failure to comply with the provisions of Texas Government Code Chapter 2251 include the right to charge interest on overdue accounts and right to collect attorney's fees in the event of formal administrative or judicial action to collect an invoice payment or interest due. A copy of Texas Government Code 2251.022 is attached as Attachment 8 in the Airport's Disadvantaged Business Enterprise Plan. 36 Monitorinq and Enforcement Mechanisms The City will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. The City also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. The City of Lubbock WILL REQUIRE CERTIFICATION that work contracted with a DBE is actually performed by the DBE. We may follow up this certification by conducting on-site evaluations to monitor the performance obligated in the contract. In the event of non-compliance with the DBE regulation by any participant in our procurement activities, the City of Lubbock shall be entitled to pursue any and all remedies allowed by the laws of the State of Texas and the Federal Government. Such remedies may include, but not necessarily be limited to, the following: •- 12 a. Civil action, in a court appropriate jurisdiction, for breach of the contract. Such damages may be set forth in the contract as predetermined damages, consequential damages arising out of the breach .., and/or specific performance. b. Criminal prosecution may result from the commission of fraud or other criminal activity on the part of a party to the contract. In the event that a crime is perceived to have occurred, the city may refer the ;..a, case to the appropriate law enforcement or prosecutorial authority for further action. In such event the city anticipates cooperating with such agency in the investigation and prosecution of a criminal case. 13 r- BID SUBMITTAL UNIT PRICE BID CONTRACT h DATE: MQ R C a? �- C) C� PROJECTNUMBER: #015-01NK -RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER Bid of _+ h �- R- -' i^Ui C_z" G (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in -compliance with your Invitation to Bid for the construction of a RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER 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 in Exhibit "A". 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 in Exhibit "A" of this bid. - Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within ONE HUNDRED TWENTY (120) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $1,000 (ONE THOUSAND DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees. that this bid submittal shall be completed and submitted in accordance with - instruction number 28 of the General Instructions to Bidders. - Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to .., commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable PW without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all v - necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum off j071', A 5' Dollars ($' ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid iiS accepted by the Owner and the undersigned fails to execute the necessary contract documents, . insurance -certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST -BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID-01PENING: _ (Sea{ if Bid of is a Coiporation) A T TEST:yam// // 1 l�2 f 11n1_1___ Secretary mom Bidder acknowledges receipt of the following .addenda: Addenda No. l Date 3 by/01 Addenda No. 2 Date 3 e9oe Addenda No. - 3 Date 3 tiVoi Addenda No. Y Date 3 I M&I MJWB�1E Firm: PIA E Date: -3 -.2,:. -0 ( Authorized Signature (Printed or Typed Name) 1401611141V e_eev� Company 61l zu� Address , City, County :?6j State ZID Code .Telephone: ?,61-o055 Fax: '?LtO - "EXHIBIT A„ BID SUBMITTAL BID NO. 015 -OINK BASE BID - RAILROAD Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. 1 LS Mobilization/Demobilization including insurance, performance bond and move-in/move-out related costs, EDA project sign, preparation of NOI and SWPPP, --_• complete, per lump sum: %Tweiii-g4 TWO ThoySgnd SeJer) kil r. red &i Ato 1=6 aA Dollars and Cents ($ ) $� �'� 0 0 The total amount for Item 1 consists of: MATERIALS $ _ .-®' LABOR $ 12 , 13 ';P = 6 0 2. 1 LS Construct turnout pad for #11 turnout, complete, per .., lump sum: rwo V ot4 S q,)d Dollars and Cents ($ ) $ 91,000. no ,..,, The total amount for Item 2 consists of- MATERIALS fMATERIALS $ 12- o 0, 0 0 LABOR $ S00. 00 3. 12,200 TF Railroad track, including embankment, subgrade preparation, ditch grading, subballast, ballast, rails cp (115#),and ties, complete, i place, per track foot: / �. �✓" 61) .111711611 c��vE >`��� ��� Nih e+ y s ,N 6n/ f f 144 F S A V D 56V�ni INNIM C-10 Dollars and Cents ($ ) $ I y '�IJ % 00 The total amount for Item 3 consists of: MATERIALS $2? 4 3 `q g* 9O LABOR$ 3S�r%I�Q ,IG 01269197 "EXHIBIT A" BID SUBMITTAL 3 02/01 9 Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. 4. 2 EA No. 9 railroad track turnouts, including embankment, subgrade preparation, ditch grading, subballast, ballast, rails, switchgears, appurtenances and ties, complete, in place, per each: 0//t7 -y ,INE Tl�oas4Ao Dollars and Cents ($ ) $ 59 ©D O . Q The total amount for Item 4 consists of: MATERIALS $ 3l , 5 0 U LABOR $ 7 4 o o 5. 1 EA Switch point derail and signs, complete installation, per each: fp '5I X 7 )VI) USiJV Q `lV E #UtYD9C-p Dollars and Cents ($ )s 6)500,00 The total amount for Item 5 consists of MATERIALS $ 4 F O 0, 0 4 LABOR$ 1760, CLQ 6. 1 LS Concrete grade crossing at old US Highway 87 including rail (115#) signage, marking, pavement repair, and miscellaneous ditch grading in the BNSF and old US Highway 87 right-of-way, complete, per lump sum: '%WeA/r y FI V C- Tlk tl. '4M) Fl VE 1111 `1)IZ ED Dollars and Cents ($ ) $ �2- S; 50 0 "o 0 The total amount for Item 6 consists of: MATERIALS $ is � 6 0 , U O LABOR $ Z 0 . O 0 01269197 "EXHIBIT A" BID SUBMITTAL 4 02/01 9. 2 EA Timber grade crossing for turnrow through TAMU property south of FM Highway 1294 including 24 -inch 16 -gauge, Aluminized Steel, Type 2 culverts with reinforced concrete headwalls (3:1), caliche approach and signage, complete, per each: S E U EAJ 7-%9014- ,AAAb >111VE AWDPEEDDollars and Cents ($ ) s--79 9 o L-) , O 0 The total amount for Item 9 consists of: MATERIALS $ 5; Y Cep 0, 0 0 LABOR $ C? 4 0 , on v e 01269197 "EXHIBIT A" BID SUBMITTAL 5 P -A, 02/01 Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. 7. 1 LS Concrete grade crossing at FM Highway 1294 including rail (115#) signage, marking, pavement repair, 4' x 2' RCB drainage structure, reinforced concrete headwalls (6:1) and all miscellaneous ditch grading in the FM 1294 Highway right-of-way, complete, per lump +�*+ sum: F�2r T l � T#Vtjl /4a C) � E& - h U/yoptc— D 7'4 r /Z T Dollars and Cents ($ ) +. The total amount for Item 7 consists of MATERIALS $ .3.Q. !o :; Q , 0 0 LABOR $ (T fJ D , C� 6 8. 1 LS Timber Grade Crossing for turnrow through TAMU property south of FM Highway 1294 including caliche approach and signage, complete, per lump sum: F(JUP THOU E41VD E16,141/7 14T U/1AEbDollars and Cents ($ ) $ q '? U 0 , 6) e) The total amount for Item 8 consists of: MATERIALS $ Q t;, t'1 P) ' LABOR $ 1600, 0 O 9. 2 EA Timber grade crossing for turnrow through TAMU property south of FM Highway 1294 including 24 -inch 16 -gauge, Aluminized Steel, Type 2 culverts with reinforced concrete headwalls (3:1), caliche approach and signage, complete, per each: S E U EAJ 7-%9014- ,AAAb >111VE AWDPEEDDollars and Cents ($ ) s--79 9 o L-) , O 0 The total amount for Item 9 consists of: MATERIALS $ 5; Y Cep 0, 0 0 LABOR $ C? 4 0 , on v e 01269197 "EXHIBIT A" BID SUBMITTAL 5 P -A, 02/01 Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. 10. 1 LS Timber grade crossing for airport access road including 24 -inch, 16-guage, Aluminized Steel, Type 2 culverts with reinforced concrete headwalls (3:1), pavement repair and signage, complete, per lump sum: SEU EA/ Tkoj4jub /v/A/E Au/18Dollars and Cents The total amount for Item 10 consists of: MATERIALS $ 5, c? 6 0, 6 d LABOR$ ¢G40,60 1 LS Drainage structure at station 38+50, consisting of 3 -36 - inch, 12-guage, Aluminized Steel, Type 2 culverts, reinforced concrete headwalls (slope varies) and all associated ditch grading in the 50 -foot drainage easement to the playa lake, complete, per lump sum: • » FouK T e—E-7A/ THouS,41vla Dollars and Cents ($ ) $ NJ 0 o 0 DCI The total amount for Item 11 consists of: MATERIALS $ _ 9� le) 0, oO LABOR $ 12. 1 LS Drainage structure between parallel tracks including concrete drop inlet structure and grate, 12-guage, Aluminized Steel, Type 2 culvert and reinforced concrete headwall (3:1), complete, per lump sum: EQUA TO6UShJVb Dollars and Cents ($ ) $ 0 (, 0 , 6 The total amount for Item 12 consists of: MATERIALS $ /. Ga C? U . 0 0 LABOR $ 7-, Y-001 00 01269197 "EXHIBIT A" BID SUBMITTAL 6 02/01 Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. 13. 1 LS Remove and dispose of existing trees in the railroad right-of-way adjacent to old US Highway 87, complete, per lump sum: OA/E %l 1} U OI D 77(,�U IZ& NLE L) Dollars and Cents ($ ) $ j Zy Cj . U o The total amount for Item 13 consists of.- MATERIALS f:MATERIALS $ `ZU () , (i 0 LABOR $ 1,600,00 14. 1 EA Railroad car terminal bumping post assembly, complete, in place, per each: r -rWO 79W - .&VQ FtISE f7�C✓d OR—E-1) Dollars and Cents ($ ) $ `?� S U 0, 0 C5 The total amount for Item 14 consists of: MATERIALS $ LABOR $ 2? J 15. 1 LS Fencing improvements, including 20 -foot cantilever gate, chain link fencing, signage, 24 -inch, 16-guage, Aluminized Steel, Type 2 culverts with reinforced concrete headwalls (3:1) with bar across headwall eliminating crawl through access to airport, complete, per lump sum: 51.x' /Jou ,4A/D Fvug, HUNDZEb Dollars and Cents ($ ) $ .0o The total amount for Item 15 consists of: MATERIALS $ 3 8 0, U 0 • LABOR $ 34 l IP -0 , 6 ) 01269197 "EXHIBIT A" BID SUBMITTAL 7 rot 02/01 Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. 16. 19.0 Acres Soil preparation and seeding, complete, per acre: TW6AITY RJR YS AND 50'N FaU2 Dollars and Cents ($ ) $ 2, (3 �+ • OCA The total amount for Item 16 consists of: MATERIALS $ 2, 70 0, 0 0 LABOR $ /Q., 364, U 0 17. 1 LS Hydromulching side slopes and surfaces of excessive grade, complete, per lump sum: Fo uk '%1fyE,4ND &-lo r PLI/VNZE0 Dollars and Cents ($ ) $ 06;, O 0 The total amount for Item 17 consists of: MATERIALS $ a -n' 11 o LABOR $ — 1) . C, 0 18 1 LS Miscellaneous track signage, complete, per lump sum: _ .., ON c– 7Wo fuse`' `� Two lM/YOk-Ed Dollars and Cents ($ ) The total amount for Item 18 consists of: MATERIALS $ 4 0 0 LABOR $ / O V, 00 01269197 "EXHIBIT A" BID SUBMITTAL 02/01 N Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. TOTAL BASE BID (Items 1 through 18, Inclusive) $1iq/3, 595,06 ,06 Breakdown of Materials and Labor Incorporated into the Project, Total Materials to be incorporated into the project, $ ?77L 75 -V, SVo 9 e r-, Total Labor, superintendence, equipment, supplies, etc., as necessary to construct the project, $ Ta TOTAL BASE BID, (should agree with Total Bid above) $__j, J !41Y� 01269197 "EXHIBIT A" BID SUBMITTAL 9 02/01 DEDUCTIVE ALTERNATE A - DELETE RAILROAD TRACK Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. Al -1. -2,000 TF Al -2. -1 Railroad track, including embankment, subgrade preparation, ditch grading, subballast, ballast, rails (115#), and ties, complete, in place, per track foot (sho ld match unit cost of item #3): ry' R P 3 y- d e ffuMic)2E p /V11VET&I J--vq& Tht0gjC ,vb T//%1 -E -L ffy.,VDitEp z�-7/GIfTL4 _ Dollars and Cents ($_19 ', 310 5 0 0 ) $ � q� . 3 8 01 C? CC S The total amount for Item Al -1 consists of- MATERIALS fMATERIALS $ // 6 , (, �, & 0 LABOR 15 ,P , d p LS Timber grade crossing for airport access road including 24 -inch, 16-guage, Aluminized Steel, Type 2 culverts with reinforced concrete headwalls (3:1), pavement repair and signage, complete, per lump sum (should match the lump sum cost of item #10): SCUEA1 WOUSINr) N11VC- Aq/1°Z)XZ4Dollars and Cents ($ �, 200,00 ) $ '74-19 0 0, y e The total amount for Item Al -2 consists of- MATERIALS fMATERIALS It Z, 7 ZL LABOR $ 3 l Cv U , C) O Al -3. -3.6 Acres Soil preparation and seeding, complete, per acre (should match the unit cost of item #16): 10 (� �IlI2� Ti�y(iSA�iA�� E/Gf/T�/I Dollars r and s!X T �4 Cents ($ �,; d l t (o a ) $3.8 6 % �v ,..�, The total amount for Item Al -3 consists of: MATERIALS $�� 2 Y 0, LABOR q 01269197 "EXHIBIT A" BID SUBMITTAL 10 02/01 Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. TOTAL DEDUCTIVE ALTERNATE 1 (Items Al -1 through Al -3, Inclusive) Breakdown of Materials and Labor Incorporated into the Project, Total Materials to be incorporated into the project, $ 1Z 3. 6 Total Labor, superintendence, equipment, supplies, etc., as necessary to construct the project, $ f2 q32 , 6q SUBTOTAL DEDUCTIVE ALTERNATE A, (should agree with Total Deductive Alternate above) TOTAL BASE BID + DEDUCTIVE ALTERNATE A $ Imo, 5-C? _3y qC 01269197 "EXHIBIT A" BID SUBMITTAL 02/01 11 No Text ate.. DEDUCTIVE ALTERNATE 2 - DELETE RAILROAD TRACK Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. 131-1. -2,000 TF Railroad track, including embankment, subgrade preparation, ditch grading, subballast, ballast, rails (115#) and ties, complete, inlace, er track foot (should math it cost of item #3): U T///7.E6 /} "yowl 'g -/CST' Dollars and Cents ($ l R �� �'�L%, 00 ) $ J911,, 396. 00 The total amount for Item B1-1 consists of MATERIALS $ 1 l (a 4 (0 2-,?, 0 0 LABOR $ 7'7 10 '/ �.., U O B1-2. -3.6 Acres Soil preparation and seeding, complete, per acre (should match the unit cost of item #16):105 ) 6V6 7VItc— Tf}e�uS w!) F% C i -r AunaLrz)Dollars and 5 i.X T t{ Cents ($ 3 ; !� / , G ) $ The total amount for Item B 1-2 consists of: MATERIALS $_ ; 2' LABOR $ TOTAL DEDUCTIVE ALTERNATE 2 (Items B 1-1 through B 1-2, Inclusive) Breakdown of Materials and Labor Incorporated into the Proj ect, Total Materials to be incorporated into the project, Total Labor, superintendence, equipment, supplies, etc., as necessary to construct the project, SUBTOTAL DEDUCTIVE ALTERNATE B, (should agree with Total Deductive Alternate B above) TOTAL BASE BID + DEDUCTIVE ALTERNATE A & B 01269197 "EXHIBIT A" BID SUBMITTAL 02/01 $ 27)�� $ /c/p, /X/. ( G 12 ALTERNATE 3 - DELETE RAILROAD TRACK Item Approx. Unit Description of Item and Unit Price Total Amount No. Quant. C1 -l. -2,000 TF Railroad track, including embankment, subgrade preparation, ditch grading, subballast, ballast, rails (115#) and ties, complete, in place, per track foot (should match unit cost of item #3).q'7, %C] 7W/2Eie Pun/DA-C- D E164 -fly Dollars and Cents ($ %'f q-, ;- e 0 , 0 G ) $ _� g � 3 (Y 6.6 O The total amount for Item Cl -1 consists of: MATERIALS $ I l 2-?, o c-) LABOR $ 97 7 S a v o Cl -2. -1 LS Timber Grade Crossing for turnrow through TAMU property south of FM Highway 1294 including caliche approach and signage, complete, per lump sum (should match the unit cost of item #8): f a u 2 TYoyS%,1* E 16-H T d i 1�'VD Dollars •-, and Cents ($ ) $ � �' �7 0, 6 U The total amount for Item C 1-2 consists of: MATERIALS $ 3, a oy, o o LABOR $ i,,& Q 60 Cl -3. -1 EA Timber grade crossing for turnrow through TAMU property south of FM Highway 1294 including 24 -inch 16 -gauge, Aluminized Steel, Type 2 culverts with reinforced concrete headwalls (3:1), caliche approach and signage, complete, per each (should match the unit cost of item #9): `JEVCAI TdoyWp 41iy6 OUIVDAZD Dollars -"^ and Cents ($ ) $ "70 6 U , b o The total amount for Item C1-3 consists of: MATERIALS $ y LABOR $ .1., 0 fL 0 , o f5 r 01269197 "EXHIBIT A" BID SUBMITTAL 13 •, 02/01 roll Total Amount Item Approx. Unit Description of Item and Unit Price No. Quant. Cl -4. 1 LS Fencing improvements, including 20 -foot cantilever gate, chain link fencing, signage, 24 -inch, 16-guage, Aluminized Steel, Type 2 culverts with reinforced concrete headwalls (3:1) with bar across headwall eliminating crawl through access to airport, complete, per lump sum (should match the lump sum cost of item #15): SW T#000NI) FOun— HUIVraAE D Dollars and Cents ($ ) $ Ion Cfh 0 0 0 The total amount for Item C 1-4 consists of: MATERIALS $ -3,.)-6'0 , 0 O LABOR $ 33 /a-0, c 0 C1-5. -3.6 Acres Soil preparation and seeding, complete, per acre (should -* match the unit cost of item #16): i 0 SLS Dollars and Cents ($ ) $ 3, 'Po 1, b The total amount for Item C1-5 consists of: MATERIALS $,�' LABOR $ /" 9L C3 . TOTAL DEDUCTIVE ALTERNATE 3 (Items C1-1 through Cl -5, Inclusive) $ o2 0,2f /, 6 0 •-•• Breakdown of Materials and Labor Incorporated into the Project, Total Materials to be incorporated into the project, $ Total Labor, superintendence, equipment, supplies, etc., as necessary to construct the project, $ , UU 3-,-� .(0/-/ SUBTOTAL DEDUCTIVE ALTERNATE C, (should agree with Total Deductive Alternate C above) $ g O TOTAL BASE BID + DEDUCTIVE ALTERNATE A, B&C $179210 ,c;).0 01269197 "EXHIBIT A" BID SUBMITTAL 14 • 02/O1 r; fi LIST OF SUBCONTRACTORS Minority Owned 15 Yes No I. r �a�1^ICcr�E'S L.i�llmt+C'�t ❑ 2. L a n of S ccc p f —5 o f L u b L (,0 4�- ❑ ul-� 3. .LJ 2 c 2 cci o c) p Tr u c K n D [� "^ 4. ❑ ❑ 5. ❑ ❑ K 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ ^'^ g. D D 10. ❑ ❑ 15 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal •—. I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, ,..,, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. Contractor (Signature) Contractor (Print) + C CONTRACTOR'S FIRM NAME: t ��c �dc Se ccri c.�s (Print or Type ) CONTRACTOR'S FIRM ADDRESS:�- Name of Agent/Broker: Address of Agent/Broker: � ,.,., City/State/Zip:ZS Agent/Broker Telephone Number: ( Soo R, G61- 75o Date: NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #015-01NK -RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER 16 ACORU- CERTIFICA ..ODUCER Gale Smith + Company "10 Winners Circle . O. Box 2248 Brentwood, TN 37024-2248 DATE (MM/DD/YY) F INSURANCE. 12/06/00 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES `MOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE SURED Hulcher Services, Inc. First Financial Resources, Inc. P.O. BOX 271 Denton, TX 76202 j COMPANY AContinental Casualty Company COMPANY BGreat American Insurance Company COMPANY CAmerican Casualty Company, COMPANY DSt. Paul Fire & Marine Insurance OVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. D TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMlDDNY) DATE (MM/D�JYY) GENERAL LIABILITY- GL 1 9 4 2 612 4 5 01/01/01 101/01/02 ' GENERAL AGGREGATE s2, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG s2,000, 000 CLAIMS MADE X OCCUR Per Project PERSONAL & ADV INJURY $1 , 00 0, 00 0 OWNER'S & CONTRACTOR'S PROT Aggregate EACH OCCURRENCE $1 , 000, 000 FIRE DAMAGE (Any one fire) $5 0 , O O O MED EXP (Any one person) s5, 000 A AUTOMOBILE LIABILITY GAR19 4 2 612 6 2 01/01/01 01/01/02 COMBINED SINGLE LIMIT $1, 000'"000 XANY AUTO ------- - ---- - - - -----1 ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) I --: -- ----- ---- --- i X HIRED AUTOS BODILY INJURY (Per accident) $ X NON -OWNED AUTOS X Phys. Damage _ -_ PROPERTY DAMAGE $ Incl any unit GARAGE LIABILITYGAR194261293 .01/01/01 1 01 01 O 2 AUTO ONLY -EA ACCIDENT $1.000,000 X ANY AUTO OTHER THAN AUTO ONLY: _ -- ---- EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITY TSU218 4 0 3 8 0 1/ 0 1/ 0 1! 0 1/ 0 1/ 0 2 EACH OCCURRENCE $S , O O O_,_ O O O_ X UMBRELLA FORM AGGREGATE_-.------ - $S 0 0-0-,-0 0 0 OTHER THAN UMBRELLA FORM - $ C AND WC 19 12 6 7 2 3 0 01/ 01 / 01 01/01/02 . X STATUTORY LIMITS WORKERS COMPENSATION EMPLOYERS' LIABILITY EACH ACCIDENT -$1 , 0 0.0 , 0.10 0 THE PROPRIETOR/ X INCL DISEASE -POLICY LIMIT $1,-000., 0 0.0 PARTNERS/EXECUTIVE DISEASE -EACH EMPLOYEE $1 000, 000 r*�! OFFICERS ARE: EXCL D OTHER Contractors CK03203727 , 01/01/01,01/01/02 Blanket Limit excess Equipment incl :of $35,000,000 per Real/Personal schedule on file with carrier. City of Lztbbock puncanSINc DBRARTMENT ROOM Lod, MUNICIPAL MTILD124 1625 ]) 2 8TRFFT LUBBOCK, TEXAS 79401 PH: (8061775.2167 FA:{: (806)775-2164 http:J;purchaeing.ci.lubbock.tr..ua ADDENDUM #1 (TB #015-0 INK RAILROAD SPUR. TO SERVE THE INTERPORT TRADIE CENTER MAILED TO VENDOR., February 23, 2001 CLOSE DATE: March 8, 2001 A 3:00 }),rn. (CS r) The following items take precedence over specifications for the above named Invitation to Bid (ITB). .�. Where any item called for in the ITS documents is supplemented here, tho original requirements, not affected by this addendum, shall remain in effect, 1. Gonoral Conditions of the Agreement, Section 27(/x.) General Liability Insurance, ttie foiiowing sentence Is changed to read: Th© contractor shad have Comprehensive General Liability Insurance with limits of Combined Single Umit in the aggregate and Jj5JQ00,000 per occurrence to include: rM+ Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completod Operations Hazard AGG ^" Contractual Liability Independent Contractors Coverage Personal Injury ., Advertising Injury Fire Damage (Any one Fire) Property Damage Pressurized Vessel Endorsement Mobile Equipment Endorsement 2. City of Lubbock's overall DBE goal for FY2000 is 9.0% of the Federal financial assistance that wo will expend in DOT -assisted Contracts. Each solicitation for which a contract goal has boon aMablishod ^* will require the bidderslofferors to submit the following information with ;ts bid as a condition of responsiveness: X The names and addresses of DBE firms that will participato in the contract; ,..�„ ■ A description of the work that each DBE will perform; • Tho dollar amount of the participation of each DBE firm participation; • Written and signed documentation of commitment to use a DBE subcontractor whose pariicipotion it submits to meet a contract goal; • Written and signed confirmation from the DBE that it is particlpating in the contract as provided in the prime contractor's commitment; and ■ If the contract goal is not met, evidence of good faith efforts, .- 3. A graphic file of the alignment of the rail spur (h-alignJ4,and a graphic Pile containing the topographic survey points for the rail spur (topopnts,00 are provided as an email attochmont, Hard copies may be obtained by contacting Parkhill, Smith & Cooper at 806-4-73-2200, Page t of 4 60/U Id ON XUA Wrl M p0 NOW In-qfl-W'U W 4. The cost of grading In the intersection of the new rail spur and the TxDOT NOW at FM Highway 1204 is included in item number 7 of the Bid Submittal. Tho limits of this grading is fuilhor dofined as: • On the southeast (culvert flow line at 3279.62), re -grade approximatoly 380 -foot to the mast ot t'a slope of 1.4%. • On the southwest (ditch flowiine at 3280,67), re-grado upproximvloly 260 feet to the west of a slope of 0.24%. • On the northeast (culvert floviline at 3279.18) re -grade approximately 100 it to the cast (approximate distance to the small drainage structure at a slope of 4.8%). • On th© northwest (ditch flowtine at 3281.49) re -grade opproximotcly 25• -root to tho wost oto slopo + All grading in the TxDOT ROW should stert at the edge of the exlsting Paved shoulder, From the, ""` edge of pavement, the side slope should be a straight grade to the ditch flowline 15 -feet from the odgo of pavemont. Tho back slope should transition back. to moot oxisting grade at a 4:1 maximum slope, 5. Removo all reference to the geotextile fabdo shown on sheet C12 of the plans, Typicoi Sections, Cectextile Fabric wilt only be required at the Concrete and Timber grade crossings, S. Borrow material can be obtained on site from within the corridor shown on the plans by flattening the ditch back slope shown in the Typical Sections, Sheet C12. The distance of transition from ditch flowline to existing grade must fall within the 100 -foot wide cohstruc:tion corridor shown on Stec plans and must be steeper than 20:1. 7. Paragraph 02200, 2.1-G, Materials, of the specifications. Dolote this paragraph and replace it with the following: "Only suitable material from within talo construction, corridor shown on the plans eu-,U tap used for embankment or fit[. Suitable material is defined as material free of rocks or gravel greater than 3.0 -inches in any dimensions debris, waste or vegoiation." 6. Paragraph 02200, 2.2-A, mbankment ol'the specifications. Delete the second, third and fourth " A sentences from this paracgraph and replace it with the following: "The contractor. sh obtain material neccssaryto complete ornbonkmont areas from within the construction cormshown on the plans. Tho material shall be frog of rocks or gravel groator thran 3.04inches in any dimension, debris, waste or vegrta([on." 9. Sheet C09 of the plans notes that the contractor is responsible for grading the ditch to maintain the runoff flow pattern regardless of the end rail station, or regardless of which deductive oltcmatcs are awarded. At a point 50 -feet south of the bumping post the west ditch should transition and meet the east ditch so that the two ditches become one. This single V -bottom ditch with 3:1 side slopes should continue to the point of termination as dcscnbc d below. • if no deductive alternates are awarded the contractor should terminate the ditch at station 114+06+1-, as shown on the plans. + if deductive alternate A is awarded (track ends at station 139+09.51) the contractor should Prada the ditch as shown on the plans to station 96+50 then turn the ditch to the east (to parallel to access road) and extend the ditch to the low-water crossing 125 -feet to the cast. If deductive alternate B is awarded (track ends at station 69+09,51) the contractor should gmdo the ditch from the southern headwall of the culvert at 0.2% to match existing grado of statlon 87+00. If deductive alternate C is awarded (track ends at station 49 i 09.51) the contrrjotor will riot have any additional ditch grading. No separate payment will be made for grading the ditch to drain boyond the end of tic rail. h.» 10. No separate payment will be made for embankment, subgrade preparation or ditch cdroding o,,3jnoont to the track. The cost associated with this iters, should be included in the unit cost of track, per track rye Page 2 or 4 60!£0 'd 'ON KVd Wd ZS: H NOW TC -90 -Wk , foot regardless of which deductive alternate is awarded, Earthwork quarditie; can bo caiculoIM from the plans or a digital copy of the horizontal alignmont and tho orlyd. Inas topoyraPhlc survey ASCU rite is included with this addendum, 11. Paragraph 01i)+f0, 1.3, Field Engineering. Delete paragraphs A and E and add the following: "Tha contractor shalt bear the Coat associatcd with all field engineering and surveying sarviocs " 12. Paragraph 02460, 2.1, 13, Ballast. Dclota this paragraph and replace it with the following; "All ballast shall be crushed limestone, AREMA size number 6 shall be used in arcas where walking adjacent to the track is necessary and size number 4 used elsewhere. The ballast materials shall rnoct the following tasting values: Percent of Material Passing No, 200 Sicvo 110% ASTM 0117 Bulk Specific Gravity 2,60 ASTM 0127 Absorption Percent 2,0 ASTM 0127 Clay Lumps & Friable Particles 0.5% ASTM 0142 Degradation 30% ASTM 0535 Soundness (Sodium Suifato, 5 cycles) 201% ASTM C88 Flat and/or Elongated Pieces 5.0% USACE 0110•C 11S," �.. 13, Paragraph 02450, 2,1, C, Tins. Add the following to this paragraph; "New ties shall be used in curves (PC to PT), crossings, and switches (complete set of switch ties) industry grado (los may ba used on the remainder of the project," 14, Paragraph 02480, 2.1, D. Rails. delete the first two sentences of this paragraph and replace them wiff) the following: "Rail shall weigh a minimum of 112 pounds per yard compatible with Burliaxaton Northern/Santa Fe punch spacing. Larger rail will be allowed. Rail shall be new or good relay material. Good relay material is defined as rail having a maximum headwear of 3f16' and a maximum ga;.sge face loss of 3/16". 1s, Paragraph 02450, 2.1, E, Switches and Frons. Add the folloWng to this paragraph: "The industry grade switch shall have floating heel blocks. The turnout shall be good socondhand " 16, Paragraph 02450, 2.1, K. Gaae Bods, Delete this paragraph, gauge rods Wil not be used on this job. -17, Paragraph 02512, 2.1, A. arc ate, Modify the last sentanco of this paragraph to read: "The maximum allowable wet ball mill loss shall be 50. A minimum Pi will not bo spcciflcd, Nowover, if filler in addition to thot naturally present in the base Course r'rloteriol i5 noc(*,;nry for sotisfoclorily .. bonding of the material, for changing the soil constants of the material passing the Mo_ 40 mesh sieve, or for correcting the gradation to the limitations of the specified gradation, it shall be uniformly blended with the base course material at the crushing plant or at the mixing plant." 18. Paragraph 01400, 1A, INSPECTION AND TESTING LASORATORY SERVICES Delete the entire paragraph and replace with the following: "1.7 INSPECTION AND TESTING tA130RATORY SERVICES A, An independent firm will perform irispeottorls, Josie, rind other services $ps~t;ilicd in individual specification Sections and as required bythe Engineer. S. Reports will be submitted by the independent firm to the Engineer, in tilpiiGate, indicatin? observations and results of tests and indicating compliorco or non•cornpliaf)^e wilts Contract Documents, C. Cooperate with independent firm; furnish sample$ Of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested, ., 1. Notify Eng{neer and independent firm 48 hours prior to expected time for operations requiring services. Page 3 of 4 60/to 'd 'ON XVd Wd 990 NOW 10 -90 -EVP 2. Make arrangements with Independent firm and p�;y for additional samples kind toots required for C:Dntractor's use, C. Testing or Inspecting does not reliovo controctrr from porforming Work to .contract requirements. �. Re -testing required because of non-conformance to spccifiod requircrncnta ,half he performed by the same independent firm on instructions by the Engineer. Payment. for re- testing will be paid by the Contractor:' The compaction testing frequency shalt be in such a manor that each test shall represent no mora tion 300 square yards. 19. Sheet C96 of the plans notes the frequency of anohor locorion.3 in open track, Roviao (ho lost sentence of this note to read: "Flail anchorage per 39 -toot panel shall be Drgvided at a minimurn rate of 16 per anchors per panel in tangent track and 32 anchors per panel in curve sections." 20. Attention of each bidder is particularly called to the Cily of Lubbock schedule or general prevailing rinto of per diem wages, Exhibit A and Exhibit B, and the 528 EDA schedule of general prevailing rale 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 City of Lubbock schodulo of gen.ral provoiling rata of pot diem wages or the 528 EDA schedule of general prevailing rate of per diem wages, whichever is greater. All requests for additional information or clarification must be submitted in writing and directed to: Cluestions may be faxed to: or Email to. 60/50 'd Victor Kidman, Purchasing Manager City of Lubbock P.Q. Box 2800 Lubbock, Texa3 70157 (806)775-2164 vkilm a nCamail.6.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Victor Kilman Purchasing PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR SID, 'ON XU Page 4 of 4 Wd 65:£0 NOW 10-90-1,1W City of'Lubbock PURMASMS DEPARTMENT ItooM Lod, wmiciflRL "'T'D'" 15'25 13t STRMT LLMDOCTC, TMM,9 ??401 PH: (806)773-2167 PAX: (886)773-7.7.54 htip : //purckaei:�g. ci. luk:bgtk ,� x. urs ig ADDENDUM #2 iTB 4015-01/VK RAILROAD SPUR TO $ERVE THrt iNTERPORT TRADE CENTER MAILED TO VENDOR: February 28, 2001 OLD CLOSE nA.TE: March S, 2001 @ 3.04 p.m. (CST) NEW CLOSE DATE- March 22, 2001 @ 3:00 p,m. (CST) Tho following items take precedence over specifications for the above named Invitation to Sid (ITB). Where any item called for in the ITB documents is supplemontod hero, the original requirements, not affected by this addendum, *hail remain in effect, I. Q. item 18 of Addendum #x1 Paragraph 01400, 1.4, inspmtlon and Testing Laboratory Services. Will the City of Lubbock employ the tasting tab? A, Yes Q, Please list major items of equipment that the contractor will be required to supply. A. None Q. Please indicate what type of storage will be required for the test€ng tab. A. None 2. Q. to reference to the railroad ties referenced in Addendum #1, Item M 3 - paragraph 02450, 2.1, c, ties. Shouldn't this read: "Newt grade HARDWOOD tics shall be used in curves (PC TO PT), crossings and switches (complete set of switch ties). NEW industria€ grade HARDWOOD ties maybe used on the remainder of the project,"? The reason for concern is that PINE TIEs or RELAY TIPS can be considered as INDUSTRIAL GLADE TIES. Item #13- Addendum #i- Are industry grade tics to be new? Are the ties in Curves and Crossings to be AREMA Grade test A. Paragraph 02450, 2,1, C, Ties. Delete the following sentence in Addendum 61: "New ties 0,11100 used in curves (PC to PT), crossings, and switches (complete set of switch ties) industry grade ties mey be used on the remainder of the project." Add the following to this paragraph— "New Industry grade hardwood tics 7" x 8" (AREMA No. 4) shall be used to curves (PC to PT). Now hardwood lies 7"x 9" (AREMA No. 5) shall be used in the crossings and switches (complete set of switch ties). Good secondhand industry grade hardwood ties may be users for the rernaindur of the project. Length of the cross tics shall be a minimum 66" except for the ties in the switches and crossings." 3. Q, Addendum #1, Item #2 states that written and signed conformation from the DBE that is participating in the contract must be provided with the bid. We will be accepting price quotes from �A subcontractors until bid time, Nogotiotion with these subcontractors will not be complete until bid tinie. It will be impossible for the general contractors to have written conformation that DBE subs vAll be participating In the contract. The -general controolor will be aUe: to show "good faits) error!" of the, time of the bid. Is prooF of good faith effort at bid time adequate for this contract stipulation? A. if the general contractor lists a DBE subcontractor In his bid, the general contractor must submit written evidence with his bld that tho DBE submniractor actually submlttod a bid to the goncrai contractor for the work. Page 1 of-,, 60190 'd 'Ott xv� Nd 690 NON IC-90—WW Lw W 4, A BNSF Application for Insurance is attached for your cgnvenionce, The bid close date has been extended in order to allow bidders additional time to bo placed on 13NSF's Industrial DavefopmGnt Track Contractor List, The Close Data Jr. changed Frorn: March 8, 2001 @ 3:00 p.m. (CST) To: March 22, 2001 @ 3:00 P.m. (CST) All requests for additional information or clarifiention trust bo subrrmittcd in writing and directed to: Questions maybe faxed to or Email to: Victor Kilman, Purchasing Managor City of Ltjbboc.k P,O, Box 2000 Lubbock, Texas 7,9457 (806)775,2164 vkilrnen@rnuii,ci,lubbock.tx,us THANK YOU, CITY OF LUBBOCK Victor Kilman Purchasing PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR 1910. Page 2 of a 60/i0 'd 'Ohl M Nd 00 : tO NOIR I0 -90 -WW P* f00*'1 BNSF Insurance Requirements For 1" er mii.s And Coni ra.cts (Nvte; T'lras sc`dOn a,euts Xo be tcltrended per crrr,(.ytt 13NS7' , corrlrrrr. t proa^c tlrel^es) PerrtaIttees and contractors must at their own expense obtain and 111aintaiq in farce (Itlying corstrciction the following insurance; i. Comittercial Gencral,Liability Insurance incitrdictg contractual liability gild products complete(ilaperatiot)s, aoain5t claims raising out of bodily injury, ili11e4s and death and from dumagc to or deStructietl ofprollcr'ty ofraticcrs, inc1U(Iinl loss or use thereof , acid including liability of Burlington laortllcrri Itars, in Cann . loss with minimum limits for bodily injury and pr°operty dainaga of $1,Q00,QQ0 for each occurrence, will, an aggr'cgate of $2,0D0,000. I9ris policy shtlil contr.in a Waiver of Transfer Rights" or "'Waiver of Subrogation" cndtar�" .11, C to Suasive any right. ofrecovcry Haat the iilsurarice company 11aay hirvc against 13tlrlingtvtt Northern Railroad Comp�alybeeause ofpii'm errt made for bodily injuries laid property c>=amage. The Burlington Northern and Saxon Fe 11ailway Coitrpsny thus, be &trncd as an additional insured and t11e "Work within 50 feet" excl',asiolt 111ust be deleted, 2. Business Automobile Policy bisurarnce iAiCItrding owned, iron -owned, and 11iicd °~^ vehicles with miniML1111 limits for bodily injury and, 7roperty damage of $1,000,000 per Occurrence, on all vehicles 111i1t tilt or el crmittec or any vf'it5 <lgt'rrtsemployees may use at any time i11 connection With the performance ortilis Agreement, Such policy shrill eorl)ply witl, any persoraitl injui v f'rc►tecl lost ('`Ntr rR Fault") requirements in any stair in wllich werk is being performed ptrrsuelnt to this Agre=ent, 3. Workers, Compensation Insurance or coverrbe as mquired ltttdgr tllc VJ rlrars, Compensation Act ortile applicable state. 'l"he policy should irlcllIdc* occui)ltionai disease to required statutory lin)its, enlplOycr's liability of $1,Q40 0{}Q to inclirdc FEl-A, i€appropriat.e, and as "ail states" endoi•sculont. This policy shall Contain a "Waiver o Transfer Riolts" or "Waiver ol'Subrogation" Cndotsoi teat to W�lIvt any rigllt Of recovery that the insuranGc company inaay have itbainst T3ttrlina�tait Northern Railroad Comp,, because of paytnerlts 1111(10 for bodily injuries and property damage. Evidence of insurance (certificate) must be provider, pricer to cOMMencoment of lvorlc.. 13NSI' shall not be a 11med insured on the above policies, -a+ 4. Railroad Protective Liability Insurance policy(ISO-RIMA rural #C000351093) Issued in trio narne of Burlin ton Nortllcna Railroad Company with "[Hits OP$2,000,000 for bodily injury and Proparty damage pc -,r Qecrri•rence and an aggregate of $6,000,000. This policy will provide Limiml Seepage aticl Pollution coverage, remain in farce during tlr , cQrlstrtrc.tion plllse of tile project aildbe provided to Burlington N01111cm Railrocld Company for apl)roval prior t.o commencement of work, Burlington Northern Santa Fe Railroad Coinpanyhas a Blanket Ralli-mad i'i-otcetivc+ Liability insurance Policy avoilablc for work oil railroad properly. COve1•agc is ^* provided during the construction phase of 1 pennit cr contract with limits of coveraf, as stated in 4. above. The contractor or subcontractor must cany a m4 lnitim. of $1,000,o0o per occurrence of general liability insurance to quntify for participation. Ask the 13N�SF rcpresentative about this program. 60/60 'd 'Ohl Xvd Rd 10:M NOW I0-50-HVW e r* The Burlington Northern Santa lime Railway Company Blanket Railroad Protective Program - Perinits Application for Insurance m 60/80 'd ON xv3 Nd 00 : tO NOW 10 -50 -ski RNSF REQUIRES RAILROAD PROTECHVE LIABILITY INSURANCE IN TIE NAME 01171111! BURLINGTONNORTHEkU SANTA Fri RAN,WAY COMPANY FOR LIMITS qlr $2.MM PHA OCCURRENCE36,000,000 AGGREGATE PER ISO/111MA POLICY FORM C000351093 ENDORSED TO INCLUDE LIM1THI) $14,FTAGE, POLLUTION AND EVACUA'C IO N C;OV13itACil?, 1. Contractor Norrie/ !ti l e you the pernuttee: YHS NO Address IIave you applictl for a permit YES NO T DO you huvo a contract witai 13NSF: YES NO If not, who is the contract with: Contractor Contact: 2. Who is your BNSF Contact Person: 3. Job ilcscnptlon: Job Loontion: Transverse: YES NO Longitudinal; YYS NO + Open Cut: YES NO L unLth (feet): Underground tE of Sores- Ovedacad or Underground, 4. Start Up and Estimated Com lotion Daics: 5. Contract Cost Total: C:o>y ma Cost Within 50 Feet of Track:— °""' 6. Pertnitcc's insurance: ADDITIONALLY A certificate of insurance is regtrirctl evidencing $1r11A,1 per occurrencel$2MM aggregate general liabifily e("erage urcludlj {q t%miractual liaiiiiily 1plilr lire Agwork Within 50 feet of a raffroad" exclusion deleted. The cord, 7cafe should also e4denct, [lie addidors of The Burlingion Northern and dawn Fe Railway Company, 1:0< Box 961673, P4 Wepth, Texas 76161-0073 as an additional insured, including 34 days cancellation notice, or as rewired by contract. 7. Quoted Pretniutn: —, Quoted rte+ _. Quutallon is valid for 30 -days only, ttacrcafter wc, will close our file. r* In orderto bind coverage, a chuck for tho quoted premium rntulc payable to Kirsh USA, Inc., Mtn. r2spinola IIopkins, reference neeount 4101180, the certificate of insurance evidencing the conditions noted above, and this corrlplalod farm rnttst be cent to: Marsh USA, Inc. 1601 Elm Sircel, Sultc 92100 Dallas, Tena 75201 Alta. Rosa Martine:, Phone 214.765.8591, a -nail: TgStl.t11.t111irtI1lCl,�Cr�l11�r5I1111t.c:0111 Or; Linda Nikcr, Mona; 214-713-8430, c -mail; li .h.h,ikui u�manhmc.cunt 4t: Rob Ro=, ('Iloilo 214.765.4675, c -mall: CJItl:ltl,rCl+ t1!',"•I�+ttGTCt+I*1 Fax: 214465-8500 60/80 'd ON xv3 Nd 00 : tO NOW 10 -50 -ski FIR City of Lubbock ADDENDUM 0 iARTWNT ITB #015-0INK ROOML04' N=1CI PAL RAILROAD $PUR TO SERVE THE MVLi I "U11MING INTERPORT TRADE CENTER 1625 13"' STREET t1UPDOCK, TEtiatiL PH, (Boo}775-216? FAX: (666)775.2164 htGp://purchasing,ci,l�ksbCC:k.tx.ua MAILED TO VENDOR; March 7, 2001 ., 'CLOSE DATE: March 22, 2001 a7 3;00 p,rn, (CST) The following items take precedence oxer specifications for the aibove named invitation to Sid (ITS). Where any item called for in the ITS documents is suppiomented here, the original roquirCtnenis, not alfccted by Lhh-, addendum, shall remain in effect. 1. Paragraph 02450, 2.1, C. Ties, Ravise the foliowing paragraph to read: "Now industry grade hardwood tires 7" x 8" (ARP -MA No, 4) shall be used in curvos (PC to PT). New hardwood flws 7" x 9" (AREMA No, 5) shall be used in the crossings and switches (complete set of switch tins). Num'6r Cine #1)-Lql 7" x 8" may be used for the remainder of the project. Length of the cross ties shall bo a ri inirnum 8' G" except for the ties in the switches and crossings." 2. Paragraph 02450, 2.1, D. Rails. Rail shall weigh a minimum of 112 pounds per yard compatible v4h e� Burlington Northern,fSanta Fe punch spacing. Larger rail will be aliowed, Rail shall be now or good relay matoriat, Good relay material is defined as rail having a maximum headwear of 3/16" and a rnaximu11 gauge face loss of 3/16, Headfree rail will not be ailawed an this aroiect 3. Plowe find attached revised topographic survey, This survoy repis,ces the one issued with Addendum #1. 4. Q. 1 cannot determine if the "Switch Point Derail" is a Single or Double Switch Point dorail, € I(xise clarify. A. Double Switch Point Derail is what wo need, 5. Q: Is the City of 1-ubbock providing the Railroad protective Liability Insurance polloy7 A. No, the Contractor is to procure and carry at its sole expense through the lire of the controQt, insuranco protection specifiod in the General Conditions of the Agreement, Soc,tion 27(A -G). Railroad �^ Protective Liability insurance is specified in Section 27(D), A certificaN of Insurance srecifyincg eaoh and all coverages shall be submitted to the City prior to contract execution, The insurance certificate fumishcd shall name the City of Lubbock, Parkhill Smith & Cooper, and Burlington Northern Santa Fo RaiWay Company as additional insureds. All requests for additional information or clarification must bo submilted in writing and directed to: Victor Kilman, Purchasing Manager City or Lubbock ^� P,O, Box 2000 Lubbock, Tcxas 79457 Questions may be faxed to : (806)775-2164 or Email to: vkilman cxmall,c.lubbock,tx,us THANK YOU. CITY OF LUBBOCK 0" Victor Kilman, Purchasing Manracgcr PLEASE RETURN ONE COPY OF THIS A0 01`NDUM WITH YOUR BID. z0/10 'd 'ON Rud Nd 6£I£0 3M T0-£I-'dVN City of bibbock ADDENDUM #4 PURCRASTNC DEr'AR'i•PIFtrS i ITE. #1015-01NK pl MmaCrPII. RAILROAD SPUR TO SERVE THE LPNZ 625 13"` 1" STRFt,"T � INTERPORT TRADE CENTER 1625 ]3I Va;OCtC, TM2 1, 7D401 111 PPI! (800779-2197 FAX; lane}775-2164 MAILED TO VENDOR: March 7, 2001 CLO315 DAT15: March 22, 2041 @ 3:00 p.m. (CBT) The following items take precedence over specifications for the above named Invita lion ic) Bid (17`6). Whore any atom Called for in the ITB documents is supplernonted hare, tt,e original requirements, not alY'ected by Lhis ;addendum, sha11 remain in effect. 1. Addendum #1, Item 12, Paragraph 02450, 2.1, B• Ballast, Q. Will crushod caliche substitute for crushed limestono assuming the caliche can meet Ore specifications as listed for this item 7 A, No, caliche will not subctitute for cashed limestone for approved ballast matorlol, All requcsts for n0ditional Informatlon or clarlflcetion must be submitted in writing and directed to-. Victor Kilman, Purchasing Manaror City of Lubbock P.O. Box 2000 Lubbock, Texas 70457 Qucstons may be faxed to : (806)775-2164 or Email to: vkiimanOmail.ri.iuhbock.tx.us THANK YOU, CITY OF LUBBOCK Victor Kilman, Purchasing Manngcr PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BIC}. 'ON XUA Wd 0� 0 3M 10 -£I -NSW lA�r-21-01 02:12PE From -CITY OF LUBBOCK-PACHASIWa City of Lubbock PUROHASING DEPARTMtNT ROOM L04, MUNICIPAL. ^„ RUILDRIG 16251 V " STREET LUBBOCK, TEXAS 79401 PH: (808)776418? FAX. (806)776•2164 http://purchasing, cl.lubbock.tx,us P" 808779219A r I -Oro r.UVIJI F. ADDNDUM ITB ##016-01 /VK RAILROAD SPUR TO SIrRVE THE INTERPORT TRADE CENTER 424 MAILED TO VENDOR: March 19, 2001 CLOSE GATE: Manch 22, 2001 @ 3:00 p.m. (CST) The following items take precedence over specifications for the above named Invitation to Hid (ITB). Where any item called for In the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1, Q. In regard to Addendum #3 that allows for Number One (#1) relay ties 7" X B" to be used except in Crossings and turnouts, would neer, fully endplated, AREA Grade 8" X 8" X 8 1/2, hardwood ties be acceptable? They are nearly the same p6ce as #1 relay ties and would be superior. A. We can use To 8" x 8" ties you described if we decrease the spacing 49.5" on centers instead of 21.5^ centers. All requests for additional information or clarification must be submitted in waiting and directed to: Victor Kilman, Purchasing Manager City of Lubbock P.O. Box 2004 Lubbock, Texas 79487 Questions may be faxed to: (806)775-2164 or Email to: vkilman@mali.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Victor Kalman, Purchasing Manager PLEASE RETURN OHNE COPY OF THIS ADDENDUM WITH YOUR BID. No Text ® UNITED STATES FIDELITY AND GUARANTY COMPANY ❑ FIDELITY AND GUARANTY INSURANCE COMPANY ❑ FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that weHULCHER SERVICES, INC. P.O. BOX 271, DENTON, TX 76202 as Principal, hereinafter called the Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY 5409 MARYLAND WAY, SUITE 320, BRENTWOOD, TN 37027 a corporation duly organized under the laws of the State of MARYLAND as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK, TEXAS as Obligee, hereinafter called the Obligee, in the sum Of FIVE PERCENT OF THE BID AMOUNT Dollars ($(5% OF BID AMOUNT) ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER LUBBOCK INTERNATIONAL AIRPORT, EDA PROJECT #08-49-03071 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such •- Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. s - Signed and sealed this 22ND day of MARCH, 2001 HULCHER SERVICES, INC. /� 1l (Principal) -: (Seal) (Witness) (Title) UNITED STATES FIDELITY AND GUARANTY CO. rety) (Seal) ( itle) WILLIAM R. CARPENTER ATTORNEY-IN-FACT RESIDENT AGENT FOR TEXAS Printed in cooperation with the American Institute of Architects (AIA) by the United States Fidelity and Guaranty Company. The language in this document conforms exactly to the language used in AIA Document A310, February, 1970 edition 1 Contract 271 (10-92) ('i-eSMU1 IF' r I Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 21166 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 9 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint David P. Bond, John A. Witherspoon, III, William R. Carpenter, Donald R. Barnes, Yvonne Sears, G. Roger Peek, Nancy J. Quinn and Allen D. Eubank Brentwood Tennessee of the City of , State , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the 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 weed or pe#hitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrumen tgn a sealed'tbk 2nd day of December 1999 Seaboard Surety Company rioted States Fidelity and Guaranty Company St. Paul Fire and Marine Insul�aomTaty ' Fidelity and Guaranty Insurance Company St. Paul Guardian Insuranc$ Cottipan `> Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance o-16 Sl1tE?y d?P�'E ��N..: MSU oa• Y,.r."s�?y`i i .gam Yi4yy . rCi'. �i'P * �EeoavvagiFm 6':SBAL;' lr1977 :c� cawwR f` tso 195j JOHN F. PHINNEY, Vice President N,9.927 � stu ��.SEAL'od ss° m .f ��yf AtitO`'d D /-�O�y . State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 2nd day of December 1999 before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. _ A44 - J^AA& In Witness Whereof, I hereunto set my hand and official seal. pOTARy Z) My Commission expires the 13th day of July, 2002. �so9E ort ao REBECCA EASLEY-ONOKALA, Notary Public "" l 86203 Rev. 7-2000 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 22nd SLL4ETy tV O^N'IRSG9 t J"�'1NS�v "' 'i92i ��W�ut al 00.PORAjF�� ����pPPORArf yet^ w ��S6ALio"i SELL' OF NEW �S fw.:�N✓� otS....a...* To verify the authenticity of this Power of Attorney, call I the above-named individuals and the details of the bond to day of March 2001 Thomas E. Huibregtse, Assistant Secretary erk. Please refer to the Power of Attorney number, BOND CHECK BEST RATING -�- LICENSED IN TEXAS DATE �w BY PAYMENT BOND B STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that HULCHER SERVICE(hereinafter called the Principal(s), as Principal(s), and UNITED STATES FIDELITY - AND GUARANTY COMPANY 5409 Maryland Way 4320, Brentwood Tn 37027 ,.. (hereinafter called the Surety(s), as Surety(s), are held and firm", the. qty; bbock (hereinafter tatted the Obligee), in the amount of *ONE MILLION NINE THOUSAND 1 �rd �tcDOLLARS 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. YY HERF_AS, the Principal has entered into a certain written contract with the Obligee, dated the _1.2�dav of Apr! -L. 20-0-1 toCONSTRUCTION RAILROAD. t?trR To. SERVE TxF—_ y INTERPORT TRADE -CENTER .., and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shalt 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 25 th day of April 2001 UNITED STATES FIDELITY AIM GUARANTY COMPANY HULCHER SERVICES Surety (Company Name) By: (Title) ATTORNEY--IN-FACT {printed Name) 1 (Signature) K FC T XAS RESIDENT A NT (Title) The untfersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates _Fred D y-+ �x 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. The InWest Group UNITED STATES FIDELITY ANT) GUARANTY Surety COMPANY 7814 Orlando Avenue Lubbock, TX 79453' (806) 785-1988 * By: (Title) WILLIAM R. CARPENTER *^ ATTORNEY-IN-FACT Approved as to form: City ofck ;51!t/1.. ----- y sy: fila 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 %les. IPA PA low meStPaul sr, Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 21166 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 526595 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint David P. Bond, John A. Witherspoon, III, William R. Carpenter, Donald R. Barnes, Yvonne Sears, G. Roger Peek, Nancy J. Quinn and Allen D. Eubank Brentwood Tennessee of the City of , State , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the 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 lie eed or petiitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument-eoesign ealel 2nd day of December 1999 Seaboard Surety Company�.rted States Fidelity and Guaranty Company St. Paul Fire and Marine Insuran e K ompaa Fidelity and Guaranty Insurance Company St. Paul Guardian Insuranpacp Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Courp ��`p V ,,,�,ORO�W`^^�nncXtED1B) wrn�;SBALi19JOHN F. PHINNEY, Vice President o..SE� S * d!s-:'AN+a:f State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 2nd day of December 1999 , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. No e4 y C My Commission expires the 13th day of July, 2002. oqS Cox �o REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 26th day of April , 2001 . su�ry S(/ JpY �NS4g9 �EiowPOR�ie�s� t�rGORPORArf; # �;SEAL�oi SEALi OFNc^a I8 y1g�.NN�� To verify the authenticity of this Power of Attorney, call the above-named individuals and the details of the bond Thomas E. Huibregtse, Assistant Secretary erk. Please refer to the Power of Attorney number, t`CND CHECK DIST BRAT; NG LICENSED IN TEXAS DATE A*J-1 PERFORMANCE BOND t STATUTORY PERFORMANCE BOND PURSUANT TO SECTiON 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) . SERVICES KNOW ALL MEN BY THESE PRESENTS, thatHULCHER/ (hereinafter called the Principal(s), as Principal(s), and UNITED STATES FIDELITY AND GUARANTY -COMPANY 5409 Maryland ray X6320, Brentwood, TN 37027 (hereinafter called the Surety s}, as Surety(s), are held and firmly bound n the C"It4of bbock hereinafter called the Obligee), in the amount of'�0 MILLION NINE THOUSAND THR.EE� 91aJQ1 r�vg yy T Aqy eDOLLARS United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. -� WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated thel2 ttday of April ,2001toCONSTRUCTION RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER .r., and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, thea this obligation shall be void; otherwise to remain in full force and effect PROVIDED. HOWEVER, that this bond is executed pursuant to the provisions of Section 2253,021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein, day of IN WITNESS WHEREOF,, il the said Principal (s) and Surety (s) have signed and sealed this instrument this25 th ^$ 01, UNITED STATES FIDELITY AND GUARANTY COMPANY HULCHER SERVICES Surety(Company Name) /� (Title)WILLIAM R. CgRENTER (Printed Name) ATTORNEY-IN-FACT (Signature) COUN iRSIGNED: (Title) EXA.S RES IDE . A NT The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Fred Davis* 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, *The InWest Group UNITED STATES FIDELITY AND GUARANTY 7814 Orlando Avenue Surety COMPANY Lubbock, TX 79453 (806) 785-1988 w$y. (Title) WILLIAM R. ARPENTER woo Approved as to Form ATTORNEY-IN-FACT Form City of Lubbock By: �-- dt-_ /V � 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- Wo 0 2 ..W CERTIFICATE OF INSURANCE m.. ©.. C /'7 V RDrn� "Fll - DATE (MM/DD/YY) `. 04/26/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gale Smith + Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 110 Winners Circle HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. BOX 2248 COMPANIES AFFORDING COVERAGE Brentwood, TN 37024-2248 mow COMPANY AContinental Casualty Company INSURED Hulcher Services, Inc. COMPANY BGreat American Insurance Company First Financial Resources, Inc. P.O. Box 271 COMP NY American Casualty Company Denton, TX 76202 — -- COMPANY DSt. Paul Fire & Marine Insurance .. _ :; .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS + CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _EXCLUSIONS POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS .. • A GENERAL LIABILITY GL 19 4 2 612 4 5 01/01/01 01/01/02 GENERAL AGGREGATE $2 , 0001000 1 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG s2l 000,000 CLAIMS MADE X_ OCCUR Per project PERSONAL & ADV INJURY $1 000,0 0 0 " X OWNER'S & CONTRACTOR'S PROT Aggregate EACH OCCURRENCE $1 00 0, O 00 FIRE DAMAGE (Any one fire) ! $5 0,00 0 0 — I I MED EXP (Any one person) 1$5,000 A AUTOMOBILE LIABILITY GAR19 4 2 612 6 2 01/01/01,01/01/02 w, COMBINED SINGLE LIMIT $1 , 000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY I$ (Per person) SCHEDULED AUTOS LISHIREDAUTOS$ BODILY INJURY �� 1S !NON-0WNED AUTOS (Per accident) PROPERTY DAMAGE $ tj X j�Phys . _ Damage _ e*'- ;Incl. any unit A! GARAGE LIABILITY GAR19 4 2 612 9 3 01/01/01 01/01/02 I AUTO ONLY -EA ACCIDENT $1, 0 0 0, O O 0 OTHER THAN AUTO ONLY: �la ;ANY AUTO EACH ACCIDENT $ AGGREGATE $ B 1 EXCESS LIABILITY TUU3 5 7 7 3 7 3 01/01/01 01/01/02 EACH OCCURRENCE s15, 0001 0 0 Xvi UMBRELLA FORM ( AGGREGATE $15 , 0 0 0,__00 OTHER THAN UMBRELLA FORM $ C WORKERS COMPENSATION AND WC 1912 6 7 2 3 0 01/01/01,01 01 / 02 XTATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $1, 0 00,000 r THE PROPRIETOR/INCL DISEASE -POLICY LIMIT $1 , 0 0 0, O 00 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE -EACH EM PLOYEE ! $1 , 0 0 0 , 0 O 0 DIOTHER Contractors CK03202727 01/01/01i01/01/02 Blanket Limit excess quipment incl of $35,000,000 per eal/Personal schedule on file with 'Property carrier. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS ,`,�If required by written contract, certificate holder is: 1- Named as an additional insured under commercial general liability and automobile /(See Attached Schedule.) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDNu4XX96XK owl P.O. Box 2000 4 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Lubbock, TX 79457 �x�cx�x��>�a>Ix�xc��vx�oat�laa����x AUTTHOR/IZED REPRESENTATIVE MAY 07 101 10:55 FR HULCHER TRAVEL FAX 940 387 0963 TO 818067753316 XIN9 114mrig10—.- Mr . .• aMll�iWMP Y PRODUCER Cale Smith + Company 1.10 Winners Circle P. 0. Box 2248 Brentwood, TN 37024-2248 INSURED Burlington, Northern Santa Fe Railway Company P.O. Box 961073 Pt. Worth, TX 76161 P.02/02 05/07/01 THIS CERTIFICATE IS ISMIED AS A MATTM OF INFORuATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE H=ER. THIS CERTIFICATE DOES NOT AUM E><T W OR ALTER THE 0*'ERAGE AFFORDED 8Y THE POLICIES MMW. COMPANY ACNA Insurance COMPANY B COMPANY C COMPANY D THIS IS TO THAT THE POUdES OF INSURANCE L1B71:0 Be.OAN HAVE —BEEN ISSUED TO THE INSURED NAARED ABOVEFCRTHE p0joy pEROO INOIOATED, NOTWITHSTANDING ANY RECUIiEVIENT, TERM CR C0N0MM OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTiFrATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY 7HE POLICIES DESCRSED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSONSAND CCNDMONS OF SUCH paUM. LjM SHOWN DRAY HAVE BEE7N REDUCED SY PA1D CLATIRS. T TYPE OF INSURANCE POLICYEFFECTIVE POLICYEKPIRA LTR P0LICYNUMBER DATEIMMIDUrM DATEIM61/OD A GENERALLIA ary 63658 05/07/01 05/07/0OOMMERDIALGENERAL LIA81tA"PP CLAIMS MADE T OCCOWNER'S & CONTRACTOR'S PR AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 7 ANYAUTO RUS LIABILITY UMBRELLA FORM P"FI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THEPROPMEIORJ INCL PARTNERS/EXECUTIVE OFFICERS ARF; EXCL OTHER TION � LIMITS 2 OENERALA50REGATE SFJ 000 000 PRODUCTS-C0MPIOPAGO S PERSONAL &ADVINJURY S EACHOCCURRENCE 32 -000'000 FIRE DAMAGENAnYonetire) S MED EXPfAPY one Pwvm) S COMBINED SNNGLELIMIT S OKaDIaLrYson) (PPS BODILYINJURY i (Por mcdde l) PR0PERTYDAMAGE $ AUTO ONLY -EA ACCIDENT T OTHER THAN AUTO ONLY: EACHACCIDENT $ AGGREGATE S C^ACMOCCURRENCE $ AGGREGATE $ S STATUTORY LIMITS EACH ACCIDENT DISEASE -POLICY LIMIT S DISEASE -EACH EMPLOYEE Z MAYO MANDESCRIPTION OF OPEAATIONSJLOCATIONe JArEHICLES/9PECIA L r7EM5 ,I; QP Contractor: Hulcher Services, Inc., P.O. Box 271 Denton, TX 76202 City Of Lubbock job, Bid #015-01/RS - Railroad Spur to serve the Interport Trade Center, ECP: $1.,009,321.80. s ; TO WHOM IT MAY CONCERN SHOULD ANYOFTNEAGOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF,THE ISSUING COMPANYWILL MIL �_ DAYS WRITTEN NOTICE TO TPI E CERTIFICATE NOL DEN NAM EO TO TM E LEFT, 7C0S�J�E7fQ0mioC �)��Q1�41�QGTR?t AUTHORIZED R i At. i. �St MAY 07 '01 0945 -- ** TOTAL PAGE.02 ** No Text CONTRACTOR CHECKLIST 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: 2 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) 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)440- 3789 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 (8) 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) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) 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; (E) 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; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) 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 (H) 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. 3 No Text Amt •n1 CONTRACT No Text CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12TH day of APRIL, 2001 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 HULCHER SERVICES of the City of DENTON, County of DENTON and the State of TEXAS hereinafter termed CONTRACTOR: t WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #015-01NK - RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER - $1,009,321.80 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 Conditions of the Agreement. The CONTRACTOR hereby agrees to commence work within five (5) 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. x IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CI OF BOC TEX (, WNER) By: Secretary MAYOR PROVED CONTENT: CONTRACTOR: wner's Represen ative APPROVED AS TO FORM: City Attorney • PRINTED NAME: )Q A-) U�T YL1 6 TITLE: Ex rbcy ATTEST: COMPLETE ADDRESS: Corporate Secreta - p Secretary Hulcher Services- %� 611 Kimberly Drive Denton, Texas 76208 f 1 r -a GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER 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 0, corporation, to wit HULCHER SERVICES who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE ,u 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, David Jones, Deputy Director of Aviation for Business Administration, 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, Bid Submittal Form including "Exhibit A", Signed Contract, Statutory"Bonds, General Conditions of the Agreement, Special - Provisions, Technical Specifications, Plans, Insurance Certificate, 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 5. INTERPRETATION OF PHRASES Whenever the wordsDirec " ted," "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'Represerntative 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. 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. 8. 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 1 otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality and free from material defects. 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 ten (10) copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. Additional sets of plans and specifications may be purchased by Contractor at Contractor's expense for the price of $60.00 per set. 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 All lines and grades shall be furnished by the Contractor whenever Owner's Representative 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 Contractor 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 Contractor 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 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 ORR otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality and free from material defects. 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 a., 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 ten (10) copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. Additional sets of plans and specifications may be purchased by Contractor at Contractor's expense for the price of $50.00 per set. 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. 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 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. 14. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor 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 2 ." instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within 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. 15. 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. 16. 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. 17. 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 man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 18. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is ,..� also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall 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. FE No Text 0 19. 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. " 20. OBSERVATION AND TESTING 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 through oversight or otherwise. 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 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. 21. 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. 22. 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; .�*' 4 No Text 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. 23. 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, P'^•, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when 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; 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. 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 workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, 0-1 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 a-• 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. No Text r" ; 24. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, 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 Owner's Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor 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 Contractor does not notify Owner's Representative 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 ten (10) calendar days prior to the opening of bids. 25. 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. 26. 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, the Railroad Company, Parkhill Smith & Cooper, Inc., Inc., 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 p-- supervise safety precautions by either the Contractor or any of its subcontractors. 27. 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 Burlington Northern Santa Fe Railway Company and written notice of cancellation or any material change will be provided thirty (30) 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 6 No Text r• 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. The insurance certificates furnished shall name the City of Lubbock, Parkhill Smith & Cooper, Inc., and Burlington Northern Santa Fe Railway Company as additional insureds. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance e, The contractor shall have Comprehensive General Liability Insurance with limits of $10,000,000.00 Combined Single Limit in the aggregate and $10,000,000.00 per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard AGG Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury a..., Fire Damage (Any one Fire) g Property Damage Pressurized Vessel Endorsement ,.. Mobile Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $2,000,000.00 Combined Single Limit in the aggregate and $1,000,000.00 per occurrence. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance. The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $10,000,000.00 Combined Single Limit, to include all owned and non - owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City of Lubbock, Parkhill, Smith & Cooper, Inc., and Burlington Northern Santa Fe Railway Company are to be named as additional insureds on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Railroad Protective Liability Insuance Burlington Northern Santa Fe Railway Company requires Railroad Protective Liability Insurance in the name of the Burlington Northern Santa Fe Railway Company for limits of $2,000,000 per occurrence and $6,000,000 in the aggregate per ISO/RIMA policy form CG00351093 endorsed to include limited seepage, pollution and evacuation coverage. No Text !W" E. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $5,000,000.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least statutory/$500,000.00. 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 0406.096, 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. 3. 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. 5. 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 No Text r (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. 8. 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 project; (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 r* 9 No Text 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 bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) 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 project. r (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 project; 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; ^'' 10 No Text (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 512/440-3789 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 project; (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 No Text (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. W-. 28. 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. *. 29. 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 the Railroad Company 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, p.., materialmen 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. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, 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 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 bidding. r.., 12 r■+ Lod 31. LAWS AND ORDINANCES -* The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner 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 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 bidding 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 therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as ., the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 32. 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. 33. 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 contract documents, 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 $1,000 (ONE THOUSAND �-. DOLLARS) PER 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. 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. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this 13 No Text to contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor 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. 35. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid 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 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. 36. 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 workmen, 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. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, 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 bids 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. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and 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, Parkhill, Smith & Cooper, Inc., and any of its P" 14 No Text 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. 39. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the t.. _ specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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. 40. PAYMENTS �— No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of 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. 41. 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 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. 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. 42. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working 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. 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. r" 15 No Text Gal 43. 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. 44. CORRECTION OF WORK 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 after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 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 one (1) year from the date of certification of final completion by Owner's Representative. 45. 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) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 46. 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 p., Representative, by Contractor. P" 16 No Text 47. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR PO4 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 men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County 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 17 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, subject 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 WM 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. 48. 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. 49. 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 $25,000. All bonds shall be submitted on forms acceptable to the Owner, and executed by an approved Surety Company 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. 50. SUPPLEMENTARY CONDITIONS In the event supplementary conditions are contained herein as part of the contract documents and said supplementary conditions conflict with any of the general conditions contained in this contract, then in such event the supplementary conditions shall control. In the event there is a discrepancy between the specifications and the general conditions, the specifications shall control !^ 51. 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. P+ 52. 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. r,, 18 53. 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. 54. 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. P 19 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 I*w EXHIBIT B Paving and Highway Construction Prevailing Wage Rates ,a Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 .•� Truck Driver -Heavy 7.00 I*w No Text No Text The Contractor may obtain LIAPD security badges from the Lubbock International Airport Police Department at the Lubbock International Airport. The LIAPD reserves the right to limit the number of security badges issued to the Contractor. The LIAPD will charge the Contractor a twenty-five dollar ($25.00) fee for each security badge issued. An additional fee will be charged, as noted later in this section, for lost or destroyed badges. The LIAPD security badges shall be worn in an easily visible location on the person issued the badge at all times while working within the AOA. The badge holder shall be familiar with and shall obey all security and safety rules and regulations. The LIAPD security badge may confiscated and all security rights revoked by the LIAPD upon the breach of any security or safety regulations at the discretion of the LIAPD. The holder of an LIAPD security badge shall surrender the badge at the completion of this project, upon transfer or termination of employment, or at any other time at the request of the LIAPD. The Contractor shall conduct a background check of each applicant for an LIAPD security badge utilizing standard background check forms provided by the LIAPD. The Contractor shall be responsible for completing the required forms, and for submitting the forms to the LIAPD for their review as early in the project as possible to avoid anyconstructiondelays Forms forcompleting the required background check shall be available through the Aviation Manager's office after award of the project. The background check shall show proof of a minimum five (5) year employment record and will be reviewed by the LIAPD. The LIAPD shall be responsible for reviewing the background checks. Only persons whose application is approved by the LIAPD shall be issued security badges. The LIAPD reserves the right to bar from the AOA any individuals found by background check to be, in the opinion of the LIAPD, a risk to AOA security or safety. At the completion of this project, the Contractor shall return all LIAPD-issued security badges to the LIAPD. The LIAPD will charge an additional one hundred dollar ($100.00) fee for each lost or destroyed LIAPD-issued security badge. All LIAPD-issued security badges must be accounted for and surrendered at the completion of this project. Failure to account for and surrender all LIAPD-issued security badges will constitute grounds for withholding retainage from the final pay estimate amount. SC -3:4. Contractor -Issued Identification Badges: The Contractor shall be responsible for the identification of each of the Contractor's employees;` subcontractors, suppliers and representatives while these individuals operate within the AOA. The Contractor shall be responsible for issuing identification badges to each of the Contractor's employees, subcontractors, suppliers and representatives operating within the AOA. The Contractor shall maintain a record ,of all persons issued a Contractor's identification badge. This record shall include the home address and telephone number of each person -. issued a badge. The Contractor's record of all employees issued anidentification badge shall be made available upon the request of the LIAPD, the Aviation Manager or the Engineer. 01269197 SUPPLEMENTARY CONDITIONS ` 2 to issuing. i ne wenTHicanon. Daage snail aispiay, me t-onuact( and the badge's effective and -expiration dates, and shall be method of atta6hinge'the bad''e to the holde'r's'outer clothing'. I 9 easily visible o I n I the person issued the badge atal I Ftih Contract6r-issiied i issued to andcarriO, The Contrador-iss, S, company name, the employee's 11 name I lsfii-li inated with a clip -on or pin -on identifi6ation"badke shall be worn in an while operating -'w -Ain- the AOA._ subcontractor, supplier, or representati've,'issued -the 'badge. hall , renewed _d by- &e'Cbntriacto'r every thirty (30) days during the project I construction perio The ontractor shall be responstble for, all Contractor -issued" identification badges. All expired identification badges 6rbadgesterminationmvalidat6dbyo theholder 's f fivities, or' reasons, shall '6' Contractor employment, completion o construction ac other re n , 11 be confiscated by the' b the Contractor until" f th6p project. It'shai-If be - and retained y e ontrac 0 the Contractor's responsibility to DUE Wil constru r" , issued � subcon re prese Oak secure issued, securit, immedi arrangc Contrai AOA, i ThA I;n or )y the Contractor. ?Adges. 11 identification badges issued by the es shalt be tri-anisfie'ri-fed to the ' possession of the How unlimited 'access to all areas within'the AGA, access to only those- portions "of the AOA under as, shall be removed, and :t, any aair. roviae a p 'oracEe area areas. entrance uate: i ne uontractor snail proviae an entrance gate to me id representatives location -d" tractors, suppliers an at a irected subcontractors, shall be provided, installed, and, at 'end of all construction gineer, by the Listing f6fice reinstalled to the "satisfaction' of tIi'e"Efi' fieb,wi�6r. Adjacefii to the Co'fitractor's entrance 'gate-, outside the arkng a f dil I . .. ..... - loy-eelf's persona ; area or econtractorsenip automobiles. I shall be as directed''b'y the-Enginieei. At the completion of this t6t6i'6 "this" area shall b& repaired to thieiatdadion of the Engineer lairs shall include, but riot be limited to', regrading and reseeding record and account for all Contractor -issued identifilpa during the 'project and the re ' Contractor cordsof said LIAPIJ at the completion I of the project. DUE Wil constru r" , issued � subcon re prese Oak secure issued, securit, immedi arrangc Contrai AOA, i ThA I;n or )y the Contractor. ?Adges. 11 identification badges issued by the es shalt be tri-anisfie'ri-fed to the ' possession of the How unlimited 'access to all areas within'the AGA, access to only those- portions "of the AOA under as, shall be removed, and :t, any aair. roviae a p 'oracEe area areas. entrance uate: i ne uontractor snail proviae an entrance gate to me id representatives location -d" tractors, suppliers an at a irected subcontractors, shall be provided, installed, and, at 'end of all construction gineer, by the Listing f6fice reinstalled to the "satisfaction' of tIi'e"Efi' fieb,wi�6r. Adjacefii to the Co'fitractor's entrance 'gate-, outside the arkng a f dil I . .. ..... - loy-eelf's persona ; area or econtractorsenip automobiles. I shall be as directed''b'y the-Enginieei. At the completion of this t6t6i'6 "this" area shall b& repaired to thieiatdadion of the Engineer lairs shall include, but riot be limited to', regrading and reseeding If construction activities, such as hauling materials,. require that the Contractor's entrance gate to the AOA remain open for long periods of time, the Contractor may,'upon approval from the Engineer, leave the gate open and provide a full-time watchguard at the gate. The watchguard shall be approved for and shall possess an LIAPD-issued security badge. If this security arrangement is desired and approved, the gate shall be manned by the watchguard 'as long as the gate remains open. The watchguard shall` be the Contractor's representative and shall be responsible for all movement through the gate. Again, only authorized persons and vehicles shall be allowed by the Contractor's watchguard to enter the AOA. At the Contractor's option, and upon approval of the Engineer, an automatic gate operator may be installed in lieu of providing a watchguard. SC-3.6. Vehicle Escorts: All vehicles responsible to the Contractor, such as supplier's vehicles, entering the AOA shall be escorted by an approved Contractor escort vehicle from the point of AOA entry to the construction site. The escort vehicle shall be clearly identified with standard FAA markings and/or FAA flags. In addition, the escort vehicle shall be marked'with the Contractor's name. The escort vehicle will be responsible for leading supply, delivery or other vehicles across the active airfield. To facilitate safe movement of the escort vehicle and the escorted vehicles, the driver of the escort vehicle shall be approved for, shall be issued, and shall display an LIAPD security badge. Further, the escort vehicle driver shall be familiar with airport security and safety procedures.' The escort vehicle shall be equipped with an FAA radio, as specified herein, and the driver of the escort vehicle shall be familiar with the FAA radio and. its operation, and shall obey all instructions` from the Air Traffic Control Tower. crane or 4. Daily hours of crane or other ho 'rhe top of the crane or other hoisting device shall t white checkered flag. `The crane or other hoisting de construction activities, or during periods of poor vi manager or the r k The Contractor k actual erection o: SC -4.0. Cont 7 2. ` 3. crane or 4. Daily hours of crane or other ho 'rhe top of the crane or other hoisting device shall t white checkered flag. `The crane or other hoisting de construction activities, or during periods of poor vi ;vice operation. h a "3 -foot `bx 3 -foot safe y ty-orange and lowered at night or at the conclusion of :onditions) as directed bv3 the Aviation; flngineer, or any other time at the direction of the Aviation Manager or the Engineer e contractor, or subcontractor is not currently listed as approved and wishes to bid the on must be tiled ai manager or the The Contractor k actual erection o: SC -4.0. Cont The specifications, b thereof, shall be delineated or des the prerogative Engineer (if appl proximity'as to in including insurar SC=5.0. Acce Prioi Owner's Represe the work must N SC -6.0. Appi Any be listed as app. subcontractors ni Y If th ., project, an applic fi ;vice operation. h a "3 -foot `bx 3 -foot safe y ty-orange and lowered at night or at the conclusion of :onditions) as directed bv3 the Aviation; flngineer, or any other time at the direction of the Aviation Manager or the Engineer e contractor, or subcontractor is not currently listed as approved and wishes to bid the on must be tiled ai No Text rte+ F EXHIBIT B SUPPLEMENTAL GENERAL CONDITIONS These Supplemental General Conditions are intended for use by Economic Development Administration Grantees. They contain specific EDA and other Federal requirements not normally found in non -Federal contract documents. The requirements contained herein must be incorporated into all construction contracts and subcontracts funded wholly or in part with EDA funds. SUPPLEMENTAL GENERAL CONDITIONS_ S1 Definitions S2 Federally Required Contract Provisions S3 Required Provisions Deemed Inserted S4 Inspection by EDA Representatives S5 Construction Schedule and Periodic. Estimates S6 Contractor's Title to `Material S7 Inspection and Testing of Materials S8 "Or Equal" Clause S9 Patents S10 Claims for Extra Cost S11 Contractor's and Subcontractor's Insurance r- S12 Contract Security Bonds S13 _ Safety and Health Regulations for Construction_ S14 Minimum Wages r S15 Withholding of Payments S16 Payrolls and Basic Records S17 Apprentices and Trainees S18 Subcontractors S19 Termination and Debarment S20 Overtime Requirements S21 Equal Employment Opportunity S22 Other Prohibited Interests S23 Employment of Local Labor r S24 Historical and. Archeological Data Preservation Act of 1974 S25 Clean Air and Federal Water Pollution Control Act S26 Use of Lead -Based Paints on Residential Structures S27 EDA Signs S28 EDA Wage Rates SUPPLEMENTAL GENERAL CONDITIONS S-1 DEFINITIONS The following terms as used in these Supplemental General Conditions are respectively defined as follows: a. "Contractor": A person, firm, or corporation with whom this Contract is made by the r-F Owner. b. "Subcontractor": A person, firm, or corporation supplying labor and materials or only labor, for work at the site of theproject, for and under separate contract or agreement with the Contractor. r c. "Work on (at) the project Work to be performed at the location of the project, including the transportation ofmaterials and supplies to or fromthe location ofthe project by employees of the Contractor and any subcontractor. d. "Apprentice": (1) A person employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau; or (2) a person in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship council (where appropriate) to be eligible for probationary employment as an apprentice. e. "Trainee": A person receiving on-the-job training in a construction occupation under a program which is approved (but not necessarily sponsored) by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, and which is reviewed from time to time by the Manpower Administration to insure that the training meets adequate standards. S-2 FEDERALLY REQUIRED CONTRACT PROVISIONS a. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be`appropriate (Contracts more than the simplified acquisition threshold - currently fixed at $100,000, see 41 USC 403(l 1)). b. Termination for cause and for convenience by the grantee including the manner by which it will be effected and the basis for settlement "(Allcontracts mi excess 6f$ 10,000): c. Compliance with Executive Order 11246 of September 24, 1965 entitled "Equal ............ Employment Opportunity," as amended by Executive Order 11375 of October 13,"1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All Exhibit B SGC -1 construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees). d. Compliance with the Copeland "Anti -Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair). e. Compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees and subgrantees). f. Compliance with sections 103 and 107 ofthe Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) g. EDA requirements and regulations pertaining to reporting. h. EDA requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. i. EDA requirements and regulations pertaining to copyrights and rights in data. j. Access by the grantee, EDA, the Comptroller General of the United States, or any oftheir duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose ofmaking audit, examination, excerpts, and transcriptions. k. Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. 1. Compliance with all applicable standards, orders, or requirements issued under section 306 of. the Clear Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U. S.C.1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). m. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub L. 94-163, 89 Stat. 871) S-3 REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were Exhibit B SGC -2 "included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion of correction. S-4 INSPECTIONBZ'SCOIC The authorized representatives and agents of the Economic Development Administration shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. S-5 CONSTRUCTION SCH>DULE"ANISivODC ES r., Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the, anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor also shall furnish the Owner: (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose ofmaking partial payments thereon. The costs employed in making up any of these schedules will be used onlyfor determining the basis of partial payments and will not be considered as fixing arybasis for additions to or deductions from the contract price. S-6 CONTRACTOR'S TITLE`TO'MTI✓�`u `n M ` y No I materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he/she has good title to all materials and supplies used by him/her in the work, free from all liens, claims or encumbrances. S-7 INSPECTION All materials and equipment used in the construction ofthe project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for intended users. Exhibit B SGC-3 S-8 "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which, will perform adequately the duties, imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It -shall not be purchased or installed by the Contractor without the Architect/Engineer's written approval. S-9 PATENTS The Contractor shall hold and save the owner and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance ofthe contract, including its use by the Owner, unless otherwise specifically stipulated in the contract documents. License or Royalty Fee: License and/or royalty fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his/her authorized licensee, directly by the Owner and not by or through the Contractor. If the Contractor uses any design, device or materials covered by letters, patent or copyright, he/she shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his/her Sureties shall, indemnify and hold harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. S-10 CLAIMS FOR EXTRA COSTS No claims for extra work or cost shall be allowed unless the same was done in pursuance of a written order from the Architect/Engineer approved by the Owner. S-11 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE The Contractor shall not commence work_ under this contract until he/she has obtained all the insurance required by the Owner, nor shall the Contractor allow any subcontractor to - commence work on his/her subcontract until the insurance required of the subcontractor has been so obtained and approved. Exhibit B SGC -4 r� a. Types of insurance normally required are: (1) Workmen's Compensation (2) Contractor's Public Liability and Property 15amage- (3) Contractor's Vehicle Liability (4) Subcontractors Public Liability, Property Damage and Vehicle Liability (5) Builder's Risk (Fire and Extended Coverage) b. Scope of Insurance and Special Hazards. The insurance described above shall provide adequate protection for the Contractor and his/her claims which may arise from operations under this contract, whether such operations be by the insured or by any one directly or indirectly employed by him/her and also against any of the special hazards which may be encountered in the performance of this contract. c. Proof of Carriage of Insurance. The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. r - S -12 CONTRACT SECURITY BONDS r- If this contract is for an amount in excess of $100,000 the Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100% o) of the contract price as security for the faithful performance of this contract and also a payment bond in an amount equal to one hundred percent (100% o) of the contract price or in a penal sum not less than that prescribed by State, Territorial or local law, as security for the payment of all persons w performing labor on the project under this contract and furnishing materials in connection with this contract. The performance bond and the payment bond may in one or in separate instruments in accordance with local law. Before final acceptance each bond must be approved by Economic Development Administration. If this contract is for an amount less than $100,000 the Owner will specify the amount of the payment and performance bonds: S-13 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION" - In order to protect the lives and health of his/her employees under the contract, the Contractor shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction, safety and health .. standards promulgated by the Secretary of Labor. t Exhibit B SGC -5 r-� The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his/her T plan, equipment, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. S-14 MINIMUM WAGES All mechanics and laborers employed or working on the site of the work, or under the United States Housing Act of 1937, or under the Housing Act of 1949 in the construction or w development of the project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may alleged to exist between the Contractor and subcontractor and such laborers and mechanics; and the wage determination decision shall be posted by the Contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under Section I (b) (2) ofthe Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a) (1)(iv). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. The Owner shall require that any class of laborers and mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformable to the wage determination and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the questions accompanied by the recommendation of the contracting officer shall be referred to the Secretary of Labor for final determination. Whenever the minimum wage rate prescribed in the contract for a class of laborers or - mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay a cash equivalent of such a fringe benefit, the Owner shall require an hourly cash equivalent to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Owner, shall be referred to the Secretary of Labor for determination. If the Contractor does not make payments to a trustee or other third person, he/she may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract; provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that Exhibit B SGC -6 r• the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. S-15 WITHHOLDING OF PAYMENTS _ The Economic Development Administration may withhold or cause to be withheld from the Contractor as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the 'Contractor or any subcontractor on the work, the full amount of wages required by the contract in accordance with the. Davis -Bacon Act. In the event of failure to pay' 'any or mechanic, including any apprentice or trainee employed or working on the project site or under the United States Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project, all or part of the wages required by the contract, the Economic Development Administration may, after written notice to the Contractor, sponsor, applicant, or Owner, take action as may be necessary to cause the suspension of any further payment, r- advance, or guaranty of funds until such violations have ceased. S-16 PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for aperiod of three years thereafter for all laborers and mechanics working at the EDA project site, or under the United States Housing Act of 1937 or under the Housing Act of 1949, in the construction or development ofthe project. Such records shall contain the name and address of each employee, his/her correct classification, rate of pay (including contributions or costs anticipated of the typesdescribed in Section _9 (b) (2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a) (1) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section -'f (b) (2) (B) ' of the Davis -Bacon Act the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that theplan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, plus records which show the costs anticipated or the actual cost incurred in providing such benefits. - --d The Contractor shall submit weekly a copy of all payrolls to the- Owner ori DOL Forin... WH -347 or equivalent. The copy shall be signed onthe reverse side by the employer orhis/her agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he/she performed. This submission is required under his contract and the Copeland regulations of the Secretary of Labor (29 CFR Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 20 CFR 5:5" (a) (1� (iv) shall satisfy this requirement. The Prime Contractor shall be responsible for the submission 'of copies of Exhibit B SGC -7 payrolls of all subcontractors. The Contractor shall make the records required under the labor standards clause of the contract available for inspection by authorized representatives of the Economic Development Administration and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. S-17 APPRENTICES AND TRAINEES Apprentices will be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, U. S. Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, U. S. Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his/her entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in Section S-1 e herein and is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he/she actually performed. The Contractor or subcontractor shall be required to furnish to the Owner written evidence of the registration of his/her program and apprentices as well as of the appropriate ratios and wage rates for the area of construction prior to using any apprentices on the contract work. _ Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, and when the subparagraph below is applicable, in accordance with the provisions of Part 5, Subpart A, Title 29, Code of Federal Regulations. On contracts in excess of $10,000, the employment of all laborers and mechanics, including apprentices and trainees, as defined in Section 29 CFR 5.5 shall also be subject to the provisions of Part 5, Subpart A, Title 29, Code of Federal Regulations. Apprentices and trainees shall be hired in accordance with the requirements of Part 5, Subpart A. The provisions of Sections S-14, S-15, and S-17 shall be applicable to every invitation for bids, and to every negotiation, request for proposals, or request for quotations, for an assisted construction contract, and to every such contract entered into on the basis of such invitation or negotiation. Part 5, Subpart A, Title 29, Code of Federal Regulations shall constitute the conditions of each assisted contract in excess of $10,000, and each Owner concerned shall include these conditions or provide for their inclusion, in each such contract. These "Supplemental General Conditions" shall also be included in each such contract. S-18 SUBCONTRACTS The Contractor shall insert in any subcontracts these same " Supplemental General Conditions." S-19 TERMINATION AND DEBARMENT Exhibit B SGC -8 A breach of any one of the Sections S-15 through S-18 may considered by the Owner and by the Economic Development Administration as grounds for termination of the contract and for debarment as provided in 29 CFR 5.6. S-20 OVERTIME REQUIREMtNT`S` .-.-.---. ��_ �_ _ ter �_;. _� __.. ....... No Contractor nor any subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he/she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his/her basic rate of pay for all hours in excess of forty hours in such workweek. In the event of any violation of the clause set forth in the subsection above, the" "Contractor' and any subcontractor responsible therefor, shall be liable to any -affected employee for his/her unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for'. the District of Columbia or territory, to such District of Columbia or to such 'territory) fr liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth above in the sum of $10.00 for each calendar day on which such employee was required or permitted to work in excess ofthe standard workweek of forty hours without payment of the overtime wages required by the clause set forth above. The Economic Development Administration may withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth above. The Contractor shall insert in all subcontracts the clause set forth above in this section and also a clause requiring the subcontractorsto include these clauses in any lower tier subcontracts .- that may, in turn, be made.. S-21 EQUAL EMPLOYMENT -0 S ITS' No person in the United States shall, on the, grounds of race, color, national origin, age, physical handicap, or sex be excluded from participation in, be denied the benefits'of'or be subjected to discrimination under any program or activity receiving Federal financial assistance ReferenceTitle VI of the Civil'Rights Act of 1,964 (41-MCN6010andSe i1WIl` 2 ofPublic r- Law 92-65, Age Discrimination Act of 19'T5u-(42 USC 6102) and Section 504Yof the Rehabilitation Act of 1973 (26419C "744). Form ED -503 The Owner and all Contractors, subcontractors, suppliers, lessees and other parties directly participating in the Recipient's project agree that during and in connection with the associated agreement relating to the Federally assisted program, (i) they will comply, to Exhibit B'- SGC -9..... .. the extent applicable, as Contractors, subcontractors, lessees, suppliers, or in any other capacity, with the applicable provisions of 13 CFR 311 and the Regulations of the United States Department of Commerce (Part 8 of Subtitle A of Title 15 of the Code of Federal Regulations) issued pursuant to Title VI of the Civil Rights Act of 1964 (P. L. 88-352), and will not thereby discriminate against any person on the grounds of race, sex, color, age, or national origin in their employment practices, in any of their own contractual agreements, in all services or accommodations which they offer to the public, and in any of their other business operations, (ii) they will provide information required by or pursuant to said Regulations to ascertain compliance with the Regulations and these assurances, and (iii) their non-compliance with the nondiscrimination requirements of said Regulations and these_ assurances shall constitute a breach of their contractual arrangements with the Owner whereby said agreements may be canceled, terminated or suspended in whole or in part or may be subject to enforcement otherwise by appropriate legal proceedings. Executive Order 11246, 3 CFR 339 (1965) (Equal Opportunity Clause). During the performance of this contract, the Contractor agrees as follows: a. The Contractor shall not discriminate against any employee or applicant for employment -_ because of age, race, color, religion, sex, handicap, or national origin. The Contractor shall take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their age, race, color, religion, sex, handicap or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. b. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the Grantee setting forth the provisions of this nondiscrimination clause. c. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants, shall receive consideration for employment without regard to race, color, religion, sex, or national origin. d. A notice to be provided by the Grantee shall be sent to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract of understanding, advertising the labor union or workers' representative of the Contractor's commitment under Section 202 of Executive Order No. 11246 of September 24, 1965, and copies of the notice shall be posted in conspicuous places available to employees and applicants for employment. e. The Contractor shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of rules, regulations, and relevant orders of the Secretary of Labor. f. The Contractor shall furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Exhibit B SGC -10 Labor, or pursuant thereto, and will permit access to his/herbooks, records, and accounts by the Economic Development Administration and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders. Each Contractor and subcontractor of federally assisted construction work is required to file an Equal Employment Opportunity Employer Information Report (EEO -1) on Standard Form 100, annually on March 31. Forms and instructions are available at the EDA Regional Offices. - g. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or inpart and the Contractormay be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions maybe imposed (and remedies involved) as provided in Executive Order No. 11246 'of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The Contractor shall include the provisions of paragraphs' a.' through g. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 203 of Executive Order No. 11246 of September 24, 1965, so fhat such provisions will be binding upon each subcontractor or vendor. The Contractor shalltake such action with respect to any subcontractor or purchase order as the Economic Development Administration may direct as a means of ,., enforcing such provisions, including 'sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with'litigation with a subcontractor or vendor as a result of such direction by the Grantee/Borrower, the �.. Contractor may request the United ' States to enter into such litigation to protect the interests of the United States. ., i. Exemptions to Above Equal Opportunity Clause (41 CFR Chap.' S0): (1) Contracts and subcontracts not exceeding $10,000 (other than Government bills of ,.. lading) are exempt. The amount of the contract, rather than the amount of the Federal financial assistance, shall govern in determining the applicability of this exemption. (2) Except in the case of subcontractors for the performance of construction work at the site of construction, the clause shall not be required to be inserted in r„ subcontracts below the second tier. (3) Contracts and subcontracts not exceeding M,00 for standard commercial .. supplies or raw materials are exempt. r- Exhibit B SGC -11 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246 et seq) _ 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941. d. "Minority" includes: 1. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); 2. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); 2. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); a. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 3. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 4. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and -- timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or – subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other — Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Exhibit B SGC -12 Contractor's or subcontractor's failure to make good faith efforts to achieve the Plan goals and timetables. 5. The Contractor shall implement the specific affirmative action standards provided 'in Paragraphs S.a through S.p of these specifications. The goals set for the Contractor in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training ofminority and female utilisation the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the periodspecified. 6. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 7. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices_ and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. 8. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a, working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all superintendents and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide ,.. written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority and ' female referral from a union, a ,., recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Exhibit B SGC -13 Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Regional Director when the union or unions, with which the Contractor has a collective bargaining agreement, have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under Paragraph 8.b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g: Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, Supervisors, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, and providing written notification to, and discussing the Contractor's EEO policy with, other Contractors and subcontractors with whom the Contractor anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor -- shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after-school, summer and vacation employment Exhibit B SGC -14 to minority and female youth both on the site and in other areas of a Contractor's workforce. ' k. Validate all tests and other selection requirements where there is an obligation to do so under 14 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these_ employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and -the- Contractor's obligations under these specifications are being carried out. .- n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 9. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (Paragraphs 8.a through 8.p): The efforts of a contractor association, joint contractor -union, contractor community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under Paragraphs 8.a through 8.p of these Specifications provided that -the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's „ minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 10. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though Exhibit B SGC -15 the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 11. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 12. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 13. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 14. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in Paragraphs 8.a — through 8.p of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations or these specifications, the Regional Director — shall proceed in accordance with 41 CFRG6-'T:8. 15. The Contractor shall designate a responsible official to monitor all employment-related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof, as maybe required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade — union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records 16. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application or requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 17. The goals for minority and female participation in each trade will be furnished by the Economic Development Administration of the U. S. Department of Commerce. Exhibit B SGC -16 S-22 OTHER PROHIBITED INTERESTS No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in `any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is authorized in such capacity and on behalf ofthe Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. S-23 EMPLOYMENT OF LOCAL LABOR a. The maximum feasible employment of local labor shall be made in the construction of public works and' development facility projects receiving direct Federal grants. Accordingly, every Contractor and subcontractor undertaking to do work on any such project which is or reasonably may be done as on-site work, shall employ, in carrying out such contract work, qualified persons who regularly reside in eligible area where such project is to be located, or in the case of Economic Development Centers, qualified persons who regularly reside in the center or in the adjacent or nearby redevelopment e" areas within the Economic Development District, except: (1) To the extent that qualified_„persons regularly residing in the eligible area or Economic Development District are, not available. (2) For the reasonable needs of any such Contractor or subcontractor, to employ supervisory or specially experienced individuals necessary to assure an efficient execution of the Contract. _ (3) For the obligation of any such Contractor or subcontractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that in no event shall the number of non-resident persons employed under this subparagraph exceed twenty percent of the total number of employees employed by such Contractor and his/her subcontractors on such project. ,., b. Every such Contractor and subcontractor shall furnish the United States Employment Service Office in the area in which a public works or development facility project is located with a list of all positions for which it may from time to time require laborers, �., mechanics, and other employees, the estimated numbers of employees required in each classification, and the estimated dates on which such employees will be required. ,r.. c. The Contractor shall give full consideration to all qualified job applicants referred by the local employment service, but it is not required to employ any job 'applicants referred Exhibit B SGC -17 whom the Contractor does not consider qualified to perform the classification of work required. d. The payrolls maintained by the Contractor shall contain the following information: full name, address, and social security number and a notation indicating whether the employee does, or does not, normally reside in the eligible area in which the project is located, as _ well as an indication of the ethnic background of each worker. e. The Contractor shall include the provisions of this condition in every subcontract for work which is, or reasonably may be, done as on-site work. S-24 HISTORICAL AND ARCHAEOLOGICAL DATA PRESERVATION„ _ACT--- - rv. ,,_ , REQUIREMENTS The Contractor agrees to facilitate the preservation and enhancement of structures and objects ofhistorical, architectural or archaeological significance and when such items are found and/or unearthed during the course of project construction, to consult with the State Historic Preservation Officer for recovery of the items. Reference: National Historic Preservation Act of 1966(80 Stat 915, 16 USC 470) and Executive Order No.` 11-594"63f May 31, 1971. S-25 CLEAN AIR ACT OF 1970, ET SEQ. AND FEDERAL WATER POLLUTION"CONTROL .. _ ACT AS AMENDED BY THE CLEAN WATER ACT OF 1977 The Contractor agrees to comply with Federal clean air and water standards during the performance of this contract and specifically agrees to the following: a. The term "facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations; owned, leased, or supervised; by the Contractor and the subcontractors; for the construction, supply and service contracts entered into by the Contractor; b., Any facility to be utilized in the accomplishment of this contract is not listed on the Environmental Protection Agency's List of Violating Facilities pursuant to 40 CFR, Part 15.20; c. In the event a facility utilized in the accomplishment of this contract becomes listed on the EPA list, this contract may be canceled, terminated, or suspended in whole or in part; d. It will comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308, respectively, and all regulations and guidelines issued thereunder; e. It will promptly notify the Government of the receipt of any notice from the Director, Office of Federal Activities, Environmental Protection Agency, indicating that any facility Exhibit B SGC -18 utilized or to be utilized in the accomplishment of this contract is under consideration for listing on the EPA List of Violating'Facilities f. It will include the provisions of Paragraphs a. through g. in every subcontract or purchase order entered into for the purpose of accomplishing this contract, unless otherwise exempted pursuant to the EPA regulations implementing the Air or Water Acts above (40 CFR, Part 15.5), 'so that such provisions will be binding on each subcontractor or vendor; g. In the event that the Contractor or the subcontractor for the construction, supply and service contracts entered into for the purpose of accomplishing this contract were exempted from complying with the above requirements under the provisions of 40 CFR, Part 15.5 (a), the exemption shall be nullified should the facility give rise to a criminal conviction (see 40 CFR 15:20) during the accomplishment oftl is contract. Furthermore, with the nullification of the exemption, the above requirements shall be effective. The Contractor shall notify the Government, as soon as the Contractors' or the subcontractors' facility is listed for having given rise to a criminal conviction noted in 40 CFR, Part 15.20. S-26 USE OF LEAD-BASED PAINTS ON RESIDENTIAL STRUCTURES- ._ _. -._,_. "' ___ If the work under this contract involves construction or rehabilitation of residential structures, the Contractor shall comply with the Lead-based Paint Poisoning Prevention Act (see 42 U.S.C. 4831). The Contractor shall assure that paint used on the project on applicable surfaces does not contain lead in excess of the percentages set forth in Paragraphs (a) and (b) of this section. In determining compliance with these standards, the lead content of the paint shall be measured on the basis of the total nonvolatile content of the paint or on the basis of an ,,. equivalent measure of lead in the dried film of paint already applied. a. For paint manufactured after June 22, 1977, paint may not contain lead in excess of 6 one -hundredths_ of l percent (.00006) lead by weight. b. For paint manufactured on or before June 22',-'1-977, paint may notconiain lead in excess of five -tenths of 1 percent lead by weight. As a condition to receiving `assistance under the Act, recipients shall assure that the restriction against the use of lead-based paint is included in all contracts and subcontracts involving the use of Federal funds. Definitions 1. "Applicable surfaces" are those exterior surfaces which are readily accessible to children under 7 years of age. 2. "Residential structures" means houses, apartments, or other structures intended for human ,., habitation, including institutional structures where persons reside, which are accessible to children under 7 years of age, such as day care centers, intermediate and extended care facilities, and certain community facilities. _. _ Exhibit B SGC -19 _ S-27 EDA SIGNS The Contractor shall supply, erect, and maintain a project sign according to the specifications set forth below: EDA SITE SIGN SPECIFICATIONS Size. -Sign A: 4'x 8'x 17/8" Sign B: 4'x 8'x 3/4" Materials (Face): Sign A: 1/4" tempered Masonite Sign B: 3/4" or greater shop sanded (exterior) Plywood (one side only) Framing: Sign A: 2" x 4 nominal on four sides and center cross bracing Sign B: 2" x 4" center cross bracing only Supports: 4" x 4" x 12' nominal post Assembly: Sign A: 2" x 4" frame to fit 4'x 8' board with 2" x 4" cross braces Sign B: To be mounted directly to the 4 x 4" post, with cross bracing Mounting: Signs A and B are to be mounted to the 4" x 4" post with a 3/8 minimum bolt and nut, four on each side of the sign. Each bolt is to have two washers, one between the sign and the head of the bolt and the other between the post and the nut. Erection: 4" x 4" posts are to be set three to four feet deep into concrete 12" in diameter. Paint: Face: Three coats outdoor enamel (sprayed) Rear: One coat outdoor enamel (sprayed) — Colors: Crimson Red, Stark White and Royal Blue. Specifically, white background; "JOBS" in red; "for your community" in blue; "EDA" logo and "PROVIDED BY EQUAL OPPORTUNITY EMPLOYERS, in partnership with the U. S. DEPARTMENT OF COMMERCE - Economic Development Administration" in black. "By working together we can provide economic opportunities for Americans" in black. Lettering: Silk screen enamels. Lettering sizes and positioning will be as illustrated. Exhibit B SGC -20 74 Project signs will not be erected on public highway rights-of-way. Location and height of signs will be coordinated with the agency responsible for highway or street safety in the area, if any possibility exists for obstruction to traffic line of sight. If, at the end of the project, the sign is reusable, it shall be disposed of as directed by the MA— Regional DA"Regional Office. Whenever EDA Site Sign specifications conflict with State yaw or focal ordinances, the EDA Regional Director may modify such conflicting specifications so as to comply with that State law or local ordinance. Exhibit B SGC-21 No Text No Text No Text FEB -08-2001 12:55 US DEPT OF COMMERCE 5123818177 P.02/04 =•••;r•_.Pt."..-`uwu„u.guv"9i-bi...U7628977+2+0+0&waisaction=retrieve GENERAL DECISION TX000028 02/11/00 TX28 General Decision Number TX000028 Superseded General. Decision No. TX990028 State: +tet, Construction Type: HEAVY HIGHWAY County(ies) +. ECTOR POTTER TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR HEAVY (excluding and . include buildg tunnels & dastructures HIGHWAY PROJECT'S 'Cdoes_ ho_t �� M .. _..., 9 in rest area ea projects). Modification Number Publication Date 0 02/11/2000 COUNTY(ies)- _ �. ECTOR POTTER _ TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR SUTX2037A 03/26/1998 _ RatesFringes ASPHALT HEAfiER`OPERi�TOR�`„� 7.27 ASPHALT RAKER 7.27 CARPENTER 9.23 CONCRETE FINISHER -PAVING 9.90 CONCRETE FINISHER S�i`RUCTURES 8.81 ELECTRiCi"....- _. A`I� w_ ,. � FLAGGER`�-..:.._ _. - _ _._3.72 _16.56__ FORM BUILDER -STRUCTURES ”` 11 1 9.00 FORM SETTER = PAVING CURB 8.30 FORM SETTER -STRUCTURES' 8.83 �_.. _.._v LABORER -COMMON a 6.79 LABORER UTILITY 8.96 MECHANIC 10.28 SERVICER 7.82 PIPE LAYER 8,.70 ASPHALT DISTRIBUTORPERTOR_ $•54 ASPHALT PAVING MACHINE 9.50 BROOM OR SWEEPER OPERATOR.,..,., 7.17 .=� BULLDOZER 8.74 SL IPFORM MACH.T&E OPERATOR .:CLAMSHELL, 9.00 C RAKE; BACKHOE DERRICK, DRAGLINE, SHOVEL . ,., .. _ ... ... .. 9.6T _ FRONT END LOADER"" 8.09 MOTOR GRADER OPERATOR .,, FINE 11.5858 MOTOR`GRADER 10. 47 # PLANER OPERATOR 10.46 ROLLER, STEEL WHEEL PLANT _.._.. MIX PAVEMENTS _ _ 7 32 ROLLER, STEEL WHEEL OTHER1` r^• FLATWHEEL OR TAMPING 6.79 ROLLER, PNEUMATIC SELF-PROPELLED 8.79' SCRAPER 7.55 TRACTOR-CRAWLER''TY'PE ,.•_ TRACTOR - PNEUMATIC 7.86 218/01 10:40 AM FEB -08-2001 12:55 US DEPT OF COMMERCE _"__-' "_ .amp's a a twNwua..mu uwuu.9"14.8"I... U/029`i1 /+z+U+U&WWsaction='errieve . TRAVELING MIXER 8.46 REINFORCING STEEL SETTER PAVING 10.00..,... . _.._, ., w REINFORCING STEEL SETTER _:_ . . _..._....._.�_ .,. STRUCTURES 11.48 SPREADER BOX OPERATOR 7.33 WORK ZONE BARRICADE 6.79 TRUCK DRIVER -SINGLE AXLE'LIGHT 6.91 _- TRUCK DRIVER -SINGLE AXLE HEAVY 8.20 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 7.13 TRUCK DRIVER-LOWBOY/FLOAT 8.87 WELDER 11.83 --------------- ------------------ ------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR?5.5(a 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 Regional Office for the area in which the survey was conducted because those Regional Offices have 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, D. C. 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, D. C. 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 ?of3 2/8/0I 10:40 AM No Text No Text I ASSEMBLY OF MASONITE SIGN Exhibit B SGC -24 r 6' r n 2„ Q' 4' 3/4" PLYWOOD 2.. IASONI T$— CN ca L d cp v ►o _ io iLn d N 1 ota p0,. �Q •Q't. o� c .. �a• r b 2•• 2,. SIGN -A SIGN•B Exhibit B SGC -26 for our, mmun� MOVM IN ECQUAL oWCnNoTY EWOYERS 4' In partnership with the IS TU.S. DEPARTMENT OF COMMERCE. IC -Development A minis r i Economicd t at on By working together we can provide economic opportunities for Americans e SCALE 1- = 1 ' n N v e LU D J co J Q } fY W cr Z O V) U II ttl J Q U Exhibit B SGC -28 _ v 122 LJ J Q U V) fT SPECIFICATIONS Specifications and Contract Documents LUBBOCK INTERNATIONAL AIRPORT RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER EDA PROJECT NO. 08-49-03071 PSC PROJECT NO. 01-2691-97 FEBRUARY 2001 Parkhill, Smith & Cooper, Inc. Engineers ■ Architects ■ Planners 01 JOHN THOMAS HAMILTON' r:Z 85468 �l�C�S'••G.'r STER• G��r �IS�ON,,AL <AI- � 69 TABLE OF CONTENTS LUBBOCK INTERNATIONAL AIRPORT RAILROAD SPUR TO SERVE THE INTERPORT TRADE CENTER DIVISION AND SECTION BIDDING REQUIREMENTS AND CONDITIONS TO THE CONTRACT Summary of Work ................................. 2 Section 01019 No. of Pages Section 00560 Contractor Certifications ................................ 1 Section 00570 Certification of Proposed Contractor Regarding Section 3 Coordination & Meetings ............................. 2 Section 01330 and Segregated Facilities ................................ 1 Section 00571 Certification of Proposed Subcontractor Regarding Section 3 Construction Facilities and Temporary Controls .............. 2 Section 01568 and Segregated Facilities ................................ 1 Section 00630 Contractor's Local Opportunity Plan ........................ 3 Section 00631 Statement of Bidder's Qualifications ........................ 2 Section 00632 Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity ............................... 2 Section 00633 Contracting with Small and Minority Firms, Women's Business Enterprise and Labor Surplus Area Firms ................ 1 Section 00634 Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements ............................. 4 Section 00635 U.S. Department of Commerce Economic Development Administration .. 1 DIVISION 1 GENERAL REQUIREMENTS Section 01010 Summary of Work ................................. 2 Section 01019 Contract Considerations .............................. 4 Section 01025 Measurement and Payment ........................... 3 Section 01028 Change Order Procedures ............................. 3 Section 01040 Coordination & Meetings ............................. 2 Section 01330 Submittals ....................................... 2 Section 01400 Quality Control ................................... 2 Section 01500 Construction Facilities and Temporary Controls .............. 2 Section 01568 Erosion and Sediment Control During Construction ............ 2 Section 01600 Material and Equipment .............................. 3 Section 01700 Contract Closeout .................................. 2 DIVISION 2 SITE WORK Section 02200 Section 02450 Section 02511 Section 02512 Section 02513 Section 02609 Section 02667 Section 02830 Section 02900 Earthwork ...................................... 9 Railroad........................................ 5 Bituminous Surface Course ............................ 7 Aggregate Base Course (Subballast) ...................... 4 Pavement Markings ................................ 2 Pipe Culverts ..................................... 5 Concrete Inlet Structures ............................. 3 Fencing........................................ 4 Seeding .......... .............................4 01269197 TABLE OF CONTENTS 02101 TOC - 1 r DIVISION 3 CONCRETE Section 03100 Concrete Formwork ................................ 4 Section 03200 Concrete Reinforcement .............................. 3 Section 03300 Cast -in -Place Concrete ............................ 10 DIVISION 4 THRU 16 NOT USED 01269197 TABLE OF CONTENTS TOC - 2 02/01 SECTION 00560 CONTRACTOR CERTIFICATIONS U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has failed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Name and Address of Bidder (Include Zip Code) 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. YES NO 2. Compliance reports were required to be filed in connection with such contract or subcontract. YES NO 3. Bidder has filed all compliance reports due under applicable instruction, including SF -100. YES NO 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? Name and Title of Signer (Please Type) Signature Date YES NO 01269197 CONTRACTOR CERTIFICATIONS 02/01 00560-1 No Text SECTION 00570 CERTIFICATION OF PROPOSED CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES Name of Contractor: Project Name and Number: The Undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract. (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Acts of 1964. Name and Title of Signer (Type or Print) Signature Date t; 01269197 CERTIFICATION OF PROPOSED CONTRACTOR REGARDING e, 02/01 SECTION 3 AND SEGREGATED FACILITIES 00570-1 SECTION 00571 CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES Name of Contractor: Project Name and Number: The Undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract. (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Acts of 1964. Name and Title of Signer (Type or Print) Signature Date r* 01269197 CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING 00571-1 02/01 SECTION 3 AND SEGREGATED FACILITIES ii SECTION 00630 CONTRACTOR'S LOCAL OPPORTUNITY PLAN The agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the Lubbock International Airport. • To ascertain from the Lubbock International Airport's EDA program official the exact boundaries of the project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. • To attempt to recruit from within the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. • To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. • To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. • To ensure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis, whenever feasible, in a covered project area. • To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort. • To ensure that all appropriate project area business concerns are notified of pending sub - contractual opportunities. • To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. • To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this plan. • To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives. .. • To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives. 01269197 CONTRACTOR'S LOCAL OPPORTUNITY PLAN 00630-1 02/01 r"4 As officers and representatives of , we the undersigned have read and fully agree to this Plan, and become a party to the full implementation of the program and its provisions. Signature Title 01269197 02/01 Date CONTRACTOR'S LOCAL OPPORTUNITY PLAN 00630-2 PROPOSED CONTRACTS BREAKDOWN ''ype�ofantra� ' i fPpro Canirac� Topailax� " 0" G Amount x__. �..a Esiun�ted NoafEstunatedx$ Localusnes� Amount to „ local Busme$s �. QTA�will ".mai#�. i repo .r ESTIMATED PROJECT WORKFORCE BREAKDOWN War stuna art anti n` -x � kill- QI'ositons a mg, Na Positions to Wlt�l' �n T(`TLS� Im i repo .r 01269197 CONTRACTOR'S LOCAL OPPORTUNITY PLAN 00630-3 n 02/01 SECTION 00631 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Name of Bidder: Address: Date Organized: Date Incorporated: Number of years in contracting business under present name: CONTRACTS ON HAND: Contracts: Dollar Amount: Completion Date: Type of work performed by your company: Have you ever failed to complete any work awarded to you? Have you ever defaulted on a contract? List the projects most recently completed by your firm (include project of similar importance): Project Dollar Amount Mo/Yr Completed Major equipment available for this contract: Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. r Credit Available: $ Bank reference: r� 01269197 STATEMENT OF BIDDER'S QUALIFICATIONS 00631 - 1 02/01 The undersigned hereby authorizes and requests any person, firm, or corporation to fumish any information requested by the City of Lubbock, Texas in verification of the recitals comprising this Statement of Bidder's Qualifications. Executed this day of , 20 by: (Signature) (Title) 01269197 STATEMENT OF BIDDER'S QUALIFICATIONS 00631-2 02/01 No Text &011� SECTION 00632 ATTACHMENT 2-V MINORITY/FEMALE GOALS AND TIMETABLES The female employment goal is effective as of April 1980 and is currently 6.9%. The percentages for minority participation in Texas are: Texarkana Area: Texarkana & Bowie Co. 19.7 >von-MSA`Ccuntres of wril% cd� s- mar, Mqrns6d R Ivb 2=2 Tyler -Longview Area: Lon gview�.!:�regg.,Cd-�&- Harrison C Tyler ..& Smith Co. 23.5 146ni-M!Lk d6iitresAnderson, Angelina; Cher6ke" iie-'-H ei-nderson, Man*on,-- Naco9 doches....�'�'-jjs... n -A 'g-vis'tinej- helby�. Othur Pdnola; RUsk. 8i 8 U &.Wo.od.,,..._...,.... Beaumont -Port Arthur Area: Beaumont, Port Arthur, Orange, Hardin Co., Jefferson Co.. & Orange Co. 22.6 Non -MSA Counties of Jasper, Houston, Newton, Sabine, & Tyler 22.6 V,@ Houston Area: Bryan, College Station & Brazos Co. 23.7 Galveston dkas.City.A'Oaiv"es'*t*on*Co. Houston, Brazoria Co., Fort Bend Co., Harris Co., Liberty Co., Montgomery Co. & Wailer 27.3 Co. N&i-MSA"d6G&s of Austin,. ' ' Burleson; -itiihoun;Chambers; -'Colorado; DeWitt, Fayetteii.,27.4 Gonad; Grimes;-Jackson,'-Wvaca,-- Leon; Madison;: Matagqrda;- Polk; Robertson, San Jacinto, Tdrifty, Victoria,. Walker, Washington, &Wharton Austin Area: Austin, Hays Co., Travis Co., & Williamson Co. Non -MSA Counties of Bastrop, Blanco, Bumet. Caldwell, Lee & Llano 24.1 24.2 Waco, Killeen, Temple Area: Killeen, Temple,. Bell Co.4-Coryell CO.*,.'..*......!:.,-,-,..�*...".".,�,c;'':..".. Waco & McLennan Co. 20.7 Non-4SA-dounties; of Bosque, Fii.Is',--,Freestone,H . amilton, Hill'- Lampasas, Limestone, Milam & Wit-. Dallas, Fort Worth Area:.. Dallas, Fdtt:-W6rth,.Collin Co.-- 154,11ai, Co:, "6h-"ton"-,bd.'Ellis' C6., Hood Co., Johnson Co.- -:182."- ICaufman Co , Parker Co; Rockwall Ca:;�Tariant Co :& .Wise Co::.. � <>>.. `• Sherman' Denison & Grayson Co. 9.4 -'— ixtsUntds1U raannih,,J.rn n,; op ins;. Unt�Jack, . ... .. . . .. .. RainsSomervell,"Z"Van' Montague;... ....o,.. into,.- R -a"-"7: ...... . ... . .. ................ . . ... .. Wichita Falls Area: Wichita Falls, Clay Co. & Wichita Co. 12.4 14, S A 'd *dUn iii ... io'CArch" Baylor,"'""" .......... .. ... . .. ..........:CdWe-:.,.dard.:.Hardeman,.:. ilbarger& Young.__ 2-94 53 51 W 2-95 54 Abilene Area: Abilene, Callaghan Co., Jones Co. & Taylor Co. 1.6 Non -MSA Counties of Brown, Cotemah,:Camanche; Eastland, Fisher; Haskell, Kent, 10.9 Knox, Mitchell, Nolan; Scurry; Shacklef6rd;:Stephens;�8tonewa118:Ttirockmorton San Angelo Area: San Angelo & Tom Green Co. n..,. 19.2 �.,:.... tVor�MSA Counties: of Coke;. Corictio Crockslt :.Trion - Gmbte Mt:Culiouh- - Mason 9" Monarda •Reagan; Runnels; San Sabs, Schleicher Steriing4Sytion: & :Terrell San Antonio Area: Laredo. &,•Webb.Co W -- San Antonio, Sexar Co., Comal Co. .& Guadalupe Co. 47.8 Non -MSA Counties of Atascosa 8andera Dimmil:°.Edwards; Frio;. Gillespie; Gonzales, ..:.. =a 4 Jim Hogg; Karnes; Kendall, Kerr, 1Gnney,-Ca:Salle McMullen, Maverick; Medina, Real, .,.` Uvalde, Vat Verde, Wilson, Zapata:ffi'Zavala:YY lA�f Corpus Christi Area: Corpus Christi, Nueces Co. & San Patricio Co. 41,7 Non -MSA Counties of Aransas,- See; Brooks; Duval, Jim Wells, Kenedy, Kleburg, Live 4.4.2 Oak & Refugio -Brownsville, McAllen, Harlingen Area: Btownsville, Harlingen; San Senito &'CAmeron Co: ;..:..:. . McAllen, Pharr, Edinburg & Hidalgo Co. y` •7a:01 72,8 Non -MSA Counties of Starr &.Vlrtla cY:,:,, 72.9 Odessa, Midland Area: Midland & Midland Co..w�...:... ...... . .......... ....:. .. :.'::;•': :" 19 ,1 1• Odessa & Ector Co. 15. Non -MSA Counties of Andrews, Crane, Glasscock, Howard, Loving, Martin, Pecos, 18.9 Reeves, Upton, Ward & Winkler El Paso Area: EI Paso & El Paso Co. 57.8 �* Non -MSA Counties of Brewster,. Culbertson, Hudspeth; Jeff Davis&' Presidio Lubbock Area: Lubbock & Lubbock Co. 19.6 Non -MSA Counties of Bailey; Borden,..Cochran.- Crosby; Dawson, Dickens; Floyd, Gaines,.. 19.5.. Garza,- Hale, Hockley, King;; Lamb;:Lynry Motley; Terry 4 Yoakum: r" SECTION 00633 CON'TRACTINC VITH SMALL AND Y.INOETIY FIP�IS, 1,'0.':rl,'S BUSINESS ENTERPRISE AND LABOR SULPLUS AMA FI°1S Contractors will calve all necessary affirmative steps to assure chat zinority firms, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps shall include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring.that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum partici-pation by small and minority business, and Women's business enterprises; (k) Establishing delivery schedules, L'nere the reouirement permits, which encourage participation by small and minority business, and women's business enterprises; and (5) Using the services and assistance of t -he Small Business Administration, and the Minority Business Development Agency of the Department o= Co=erce. r SECTION 00634 CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, and COOPERATIVE AGREEMENTS The undersigned knowledge and belief, that: of certifies, to the best of its (1) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) Consistent with 31 U.S.C. 1352 (e)(2), the undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Please check appropriate box: 0 No nonfederal funds have been used or are planned to be used for lobbying in connection with this application/award/contract. or Attached is Standard Form LLL, "Disclosure of Lobbying Activities," which describes the use (past or planned) of nonfederal funds for lobbying in connection with this application/award/contract. Signed: Date: Title Federal ResdsterNOL 54 No 243 / Wednesday December 20. 1989 / Notices 52323 DISCLOSURE OF LOBBING ACTS Approved by OMB 0348-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Joc [cvcaac wee uv,w 1. Type of Federal Action: 2. Status of Federal3. Report Type ❑ a. Contract 7Action ❑ a. Bid/offedapp❑ a. Initial filing b. Grantc. b. Initial awardb. Material change Cooperative agreement c. Post-awardFor Material Change Only: d. Loan e. Loan guarame year quarter date of last report U Loan insun>re 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee. Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier ___, yk W,"L- Congressional District, ff known• 6. Federal Agency: 7. Federal Program Name/Description: CFDA Number. if applicable: 8. Federal Action Number. if known: 9. Award Amount, ff known: I0. a. Name and Address of Lobbying Entity b. Individuals Performing Services (mch ding address if dWerent fram No. IQa) (if individual, last name. first name. Ml): (last nano. fust name. Ml): (a=Md Condnuadon Sheets) SF LLL -A. ifnecenary) 11. Amount of Payment (check )l that apply)- 13. Type of Payment (cheat all that apply): C3 wow .13 planned ❑ a. Retainer ❑ b. One-time fee ❑ c. Commission 12. Form of Payment (Check all that apply): ❑ d. Contingent fee ❑ a. cash _ ❑ e. Deferred ❑ b. In -find: specify: nature ❑ f. Other specify: value 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11: (awc h Continuation Shed(s) SF -ML -A. if necessary) 15. Continuation Sbeet(s) SF -LLL -A attached: ❑Yes ❑ No 16. Information yeWc51Zd through tris torn a authorized by tide 31 Signature U.S.C. Section 1352. This disclosure of lobbying activities is of fact upon which radiance was placed Print Name: a material repmsentuion by the tier above when this transmission was made or entered int. This disclosure is required purmant to 31 U.S.C. 1352. Tide: This information will be reported to due Congress semiannually and will be available for public inspection Any person who Telephone No.: Date: fails to file the required disclosure shall be subject to a civil Penalty of not less than $10,000 and not more Can $100.000 for each such failure. Authorized for Local Reproduction Standard Form LLL a Federal RC¢ister/VOL 54 No 243 / Wednesday December 20 1989 / Notices 52324 „ INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTMTIES This disclosure form shall be completed by the reporting entity, whether Subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLLrA Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Offiar of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. hey tic appropriate classification of this report. If this is a follow, up report caused by a material change to the information previously reported, enter tie year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for the covered Federal action. 4. Enter the full nate, address, city. state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity ttat designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g.. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contact awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee". Then enter the full name, address, city, state and zip code of the prime Federal recipient, Include Congressional District, if known. 6. Eaten tie name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example. Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments: 8. Enter the most appropriate Federal identifying number available for the Federal action identifud in item 1 (e.g., Request for Proposal (RFP) number; invitation for Bid (IFB) number, Brant ament number, then contract grant, or loan award numbers the application/proposal control member ass!Xned by the Federal agency). Include prefixes. e.g., "RAP -DE -90-001:" 9. For a covered Federal action where there lias been an award or loan commitment by the Federal agency. enter the Federal amount of the award/loan commitment for the prime entity identified in item'4 or 5. 10. (a) Enter the fuU name, address, city, state and zip code for the lobbying entity engaged by the reporting entity identified in item 4 to influeow the covered Federal action. (b) Enter the full names for the individuals) performing services, and include full address if different from 10 (a). Enter Last Name. First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the repotting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment las been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in acral contact with Federal officials. Identify the Federal official(s) or employees) contacted or the officer(s) ernployee(s), or Member(s) of Congress that were contacted_ 15. Check whetter or not SF -LLL -A Continuation Sheet(s) is attached. 16. The certifying official shall sign an date the form, print his/her name, title, and telephone number Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington. D.C. 20503 l 7 m r Federal Reaistcr8ML. 54 No 243 / Me eft December 20 1989 / Notices 52325 DISCLOSURE OF LOBBING ACTIVTrIFS Approved by OMB naeruvUK Audionzed for Local Reproduction Standard form LLL. -A SECTION 00635 .�, rs 126 U . S . DEPAMWNT OF CObMRCE ECONOMIC DEVELOPMENT ADMINISTRATION CERTIFICATE OF GRANTEE/BORROWER'S ATTORNEY I, the undersigned, the duly authorized and acting legal representative of do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper.parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Date US CWTM-DC 55636-P72 W SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.1 SECTION INCLUDES A. Contract Description. B. Work by Contractor. C. Engineer and Contractor Responsibilities. D. Owner Occupancy E. Warranty. 1.2 CONTRACT DESCRIPTION A. The project includes the construction of a railroad spur and miscellaneous appurtenances in Lubbock County, Texas on right of way and land owned by Lubbock International Airport. B. The Contractor should make a site visit to determine the accessibility and location of the various sites. All associated cost with the accessibility, construction area requirements, and storage of materials shall be included in the contract prices bid. C. Contractor shall make every effort to complete construction within the time so indicated on the Bid Form. D. Base Bid. 1. Railroad Spur 115# rail 2 - concrete grade crossings 4 - timber grade crossings 2 - #9 turnouts drainage improvements 1.3 WORK BY CONTRACTOR A. The Contractor shall perform all the work specified in the individual sections and shall included the following: 1. Provide labor, equipment, and materials to prepare the site for construction. 2. Contractor shall complete the work including final cleanup of the site and final disposal of all the waste. 1.4 ENGINEER AND CONTRACTOR RESPONSIBILITIES A. Engineer's Responsibilities: 1. Arrange for and deliver Engineer -reviewed Shop Drawings, Product Data, and Samples, to Contractor. 2. On delivery, inspect Products jointly with Contractor. B. Contractor's Responsibilities: 1. Review Engineer -reviewed Shop Drawings, Product Data, and Samples. 2. Receive and unload products at site; inspect for completeness or damaged jointly with Engineer. 3. Handle, store, install and finish Products. 4. Repair or replace items damaged after receipt. 012169197 SUMMARY OF WORK 01010-1 02/01 1.5 OWNER OCCUPANCY A. The Owner may occupy the site during the construction operations. 1.6 WARRANTY A. Contractor shall warrant 100 percent of the project for one (1) year after the date of final - acceptance of the work. B. On the eleventh month from the date of final acceptance, Owner's Representative will schedule an annual Inspection with the presence of the Contractor to inspect for defects and assessment of the work performed. Any work that is considered defective by the Owner's Representative will be repaired. C. 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. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 012169197 SUMMARY OF WORK 01010-2 02101 SECTION 01019 CONTRACT CONSIDERATIONS PART 1 GENERAL 1.1 SECTION INCLUDES A. Schedule of values. B. Application for payment. C. Change Procedures. 1.2 SCHEDULE OF VALUES A. Submit a printed schedule on Engineer approved Contractor's form or electronic media printout. B. Submit Schedule of Values in duplicate within five (5) days after receiving the bid tabulation. C. Revise schedule to list approved Change Orders, with each Application For Payment. 1.3 APPLICATIONS FOR PAYMENT A. Submit five (5) copies of each application on Engineer approved Contractor's form or electronic media printout. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Payment Period: Monthly, submit application for payment on or about the 25th day of each month. Applications for payment submitted later than previously described will be processed the following month. D. Include an updated construction progress schedule, materials received and manifest. E. Submit the following along with the application for final payment: 1. The documentation for the completed Project. 2. Signed affidavit from the 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. Contractor warranties for this job shall be signed and sealed by a Notary Public. 1.4 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 General Conditions by issuing a work directive change. B. The Engineer may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change. Contractor will prepare and submit an estimate within 7 days. 01269197 CONTRACT CONSIDERATIONS 01019-1 02/01 C. The Contractor may propose a change by submitting request for change to the Engineer, describing the proposed change and its full effect on the Work. Include 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. D. Stipulated Sum/Price Change Order: Based on Proposal Request and Contractor's fixed price quotation or Contractor's request for a Change Order as approved by Engineer. E. Construction Change Authorization: Engineer may issue a directive on Work Directive Change, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. Document will describe changes in the Work, and designate method of determining any change in Contract Sum/Price or Contract Time. Promptly execute the change. F. Time and Material Change Order: Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. Engineer will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. G. Maintain detailed records of work done on Time and Material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. H. Change Order Forms: EJCDC 1910-8-B. I. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the General Conditions of the Contract. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01269197 CONTRACT CONSIDERATIONS 01019-2 02/01 rte+ SECTION 01025 MEASUREMENT AND PAYMENT 17:��1 ll�itej �►i�17:� 1� 1.1 The unit price or lump sum price bid on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. The quantities listed in the Bid Sheet are estimated for the purpose of comparing bids. Payment for each item will be made for actual field measured quantities. Cost of work or materials shown on the plans or called for in the specifications and for which no separate payment is made shall be included in the bid price with the most applicable item(s). 1.2 UNIT COST ITEMS Unit cost items, not otherwise included in this section to be paid for at a unit cost per unit shall include all work and materials involved in the installation within the limits designated on the plans. Measurement shall be made in units shown on the Bid Sheet. All work so included shall be installed, constructed or performed as shown on the drawings and/or specified. 1.3 LUMP SUM ITEMS Lump sum items to be paid for at a lump sum price per job shall include all work and materials involved in the installation within the limits designated on the plans. No measurement of the work or material included in such items will be made. All work so "^ included shall be installed, constructed or performed as shown on the drawings and specified herein. 1.4 MOBILIZATION/DEMOBILIZATION A. Mobilization consists of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; for the cost associated with insurance, bonds, project ra sign, preparation of the NOI and SWPPP; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various items on the project site. B. Partial payments for Mobilization will be made with the first and second partial payments paid on the contract, and will be made at the rate of 50 percent of the total lump sum price for "Mobilization" on each of these partial pay estimates, less the -.; specified retainage amounts, provided the total bid amount for "Mobilization" does not exceed 5 percent of the total amount bid for the contract. Where the amount bid for "Mobilization" exceeds 5 percent of the total amount bid for the project, 2 1/2 percent of the total amount bid for the project will be paid on the first two partial payments, and that portion exceeding 5 percent of the total amount bid on the project will be paid on the last partial pay estimate. All such payments will be made less the specified retainage amounts. 01269197 MEASUREMENT AND PAYMENT 01025-1 02/01 1.5 TURNOUT PAD The turnout pad should be constructed to the dimensions shown in the plans. The lump sum price shall be complete compensation for excavation, fill, subgrade, subballast, clearing and grubbing and all other work required to complete the construction. 1.6 RAILROAD TRACK The length of railroad track to be paid for will be determined by a measurement along the centerline of the constructed track, to the point of switch of the next turnout. Measurement will resume at the last switch tie and will continue to the end of the spur or the next switchpoint. Track included at the concrete crossings will not be measured and paid for under this item. Furnishing and installing the railroad track as shown in the drawings will be paid for at the unit price per track foot. The unit bid price shall be complete compensation for any minor clearing and grubbing, excavation, embankment and construction of the ditch adjacent to the track, topsoiling with native material, and fine grading, subgrade, subballast, ballast, rails, ties, and any and all incidental work not otherwise included in the bid items or otherwise provided for in the specifications. 1.7 NUMBER 9 TURNOUTS The furnishing and installing turnouts at the various locations shown on the plans will be paid for at the unit price per each, complete in place. The unit price bid shall be full compensation for any minor clearing and grubbing, excavation, embankment and construction of the ditch adjacent to the track, topsoiling with native material, fine grading, subgrade, ballast, rails, switch gears and appurtenances, ties, and any and all incidental work not otherwise included in the bid items or otherwise provided for in the specifications between the point of switch and the last switch tie. 1.8 SWITCH POINT DERAIL The furnishing and installing of the switch point derail at the location shown on the plans will be paid for at the unit price per each, complete in place. The unit price bid shall be full compensation for the switch point derails, signage and all other appurtenances associated with its installation. 1.9 GRADE CROSSINGS The construction of any grade crossing regardless of type will be paid for at the unit price per each, or at the lump sum price for an installation at specific locations, complete in place. The price shall be full compensation for all demolition of existing paving, preparation of existing subgrade and base courses, construction of any necessary embankment either beneath the grade crossing or beneath the adjacent roadway, track (115#) CWR through the concrete grade crossings, installation of the grade crossing as detailed in the drawings, construction of transition pavement to the dimensions shown in the drawings, signage, installation of adjacent drainage structures and any and all incidental work not otherwise provided for in the specifications. 01269197 MEASUREMENT AND PAYMENT 01025-2 02/01 Poll 1. 10 PIPE CULVERTS & HEADWALLS All pipe culverts, headwalls and inlet structures are to be measured and paid for by lump sum either individually or as part of another bid item. 1.11 FENCING IMPROVEMENTS The quantity to be paid for fencing improvements shall be a lump sum price. The work will include removal and disposal of existing fencing, construction of new chainlink fencing, a cantilever slide gate and assembly, signage and necessary fill beneath the gate adjacent to the track to prevent unauthorized entry, installation of adjacent drainage structures and headwalls with a bar across the headwall eliminating crawl through access to the airport and any and all incidental work not otherwise provided for in the specifications. 1.12 SEEDING The quantity to be paid for seeding shall be per acre. The unit price will be full compensation for preparing the seed bed and planting the required seed mixture. Topsoiling is not included in this item and is included under other pay items in the contract. 1.13 HYDROMULCHING The quantity to be paid for hydromulching shall be per lump sum. The lump sum price shall be full compensation for preparing the seed bed, installing erosion mat material in the channel to the bottom of the playa lake and applying the required seed mixture to areas that cannot be seeded with grass drill and all incidental work not otherwise included in the bid items or otherwise provided for in the specifications. 1.14 REMOVAL OF EXISTING TREES The removal, grubbing and disposal of all existing trees in the track right-of-way shall be paid per lump sum. The lump sum price shall include removing all stumps, and vegitative matter, backfilling and densifying the void created by the removal of the stump and disposal of the rubbish off of the Owner's property. 1.15 DRAINAGE STRUCTURE AT STATION 38+50 The quantity to be paid for this drainage structure shall be per lump sum. The lump sum price shall be full compensation for all culvert pipe and headwalls, excavation, ditch grading and topsoiling for the ditch in the 50 -foot drainage easement to the adjacent playa lake, and any and all incidental work not otherwise provided for in these specifications. 1.16 FINAL CLEANUP The Contractor shall make a final cleanup of all parts of the work before final acceptance of the work by the Owner. This cleanup shall include, among other things, removing all construction materials, final grading of all trench surfaces and construction sites, and in general preparing the sites of the work in an orderly manner. 01269197 MEASUREMENT AND PAYMENT 01025-3 ,„ 02/01 The cost of the cleanup shall be included as a part of the cost of the various items of work involved and no direct compensation will be made for this work. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01269197 MEASUREMENT AND PAYMENT 01025-4 02/01 SECTION 01028 CHANGE ORDER PROCEDURES PART 1 GENERAL 1.1 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. 1.2 RELATED SECTIONS A. Document - General Contract Conditions. B. Section 01019 - Contract Considerations. C. Section 01330 - Submittals: Work schedule. D. Section 01600 - Material and Equipment: Product options and substitutions. E. Section 01700 - Contract Closeout: Project Record Documents. 1.3 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. 1.4 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME 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. On request, 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. 5. Credit for deletions from Contract, similarly documented. 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. 01269197 CHANGE ORDER PROCEDURES 01028-1 *" ' 02/01 1.5 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, 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. 1.6 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. 1.7 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. 1.8 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. 1.9 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. 1.10 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. 01269197 CHANGE ORDER PROCEDURES 01028-2 02/01 1. 11 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 01269197 02/01 END OF SECTION CHANGE ORDER PROCEDURES 01028-3 ,# SECTION 01040 COORDINATION AND MEETINGS PART 1 GENERAL 1.1 SECTION INCLUDES A. Coordination. B. Field engineering. C. Alteration project procedures. D. Cutting and patching. E. Preconstruction conference. F. Progress meetings. 1.2 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements with provisions for accommodating items installed later. B. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion and for portions of Work designated for Owners occupancy. 1.3 FIELD ENGINEERING A. Employ a Land Surveyor registered in the State of Texas and acceptable to the Architect/Engineer. B. Contractor to locate and protect survey control and reference points. C. Control datum for survey is that shown on Drawings. D. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. E. Submit a certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. 1.4 ALTERATION PROJECT PROCEDURES A. Materials: As specified in product Sections; match existing products and work for patching and extending work. B. Remove, cut, and patch work in a manner to minimize damage and to provide a means of restoring products and finishes to original condition. C. Where new work abuts or aligns with existing, perform a smooth and even transition. Patched work to match existing adjacent work in texture and appearance. 1.5 TIE IN TO BNSF MAINLINE TRACK A. BNSF will construct the #11 turnout from the mainline to the 14 -foot clear point. The ,.F Contractor will be responsible for the construction of the turnout pad and associated drainage and grading improvements at the beginning of the project. Close communication between the Owner, BNSF and the Contractor will be needed. 01269197 COORDINATION AND MEETINGS 01040-1 02/01 1.6 PRECONSTRUCTION CONFERENCE A. Owner will schedule a conference after Notice of Award. B. Attendance Required: Owner and Contractor. C. Agenda 1. Execution of Owner -Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of products, Schedule of Values, and progress schedule. 5. Designation of personnel representing the parties in Contract, and the Architect/Engineer. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. 7. Scheduling. 1.7 PROGRESS MEETINGS A. Owner to schedule and administer meetings throughout progress of the Work at maximum monthly intervals. B. Owner to make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies to participants. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, _- Architect/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. ` 8. 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. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01269197 COORDINATION AND MEETINGS 01040-2 02/01 SECTION 01330 SUBMITTALS PART GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Proposed products list. C. Shop drawings. D. Product data. E. Samples. F. Manufacturers' instructions. G. Manufacturers' certificates. 1.2 RELATED SECTIONS A. Section 01700 - Contract Closeout: Contract warranty and manufacturer's certificates A. Section 02450, Railroad. B. Section 02511, Bituminous Surface Course. C. Section 02512, Aggregate Base Course. D. Section 02830, Chain Link Fences and Gates. E. Section 02900, Seeding. F. Section 03300, Cast -in -Place Concrete. 01269197 SUBMITTALS 01330-1 ,.. 02/01 - closeout submittals. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Engineer accepted form. B. Sequentially number the transmittal forms. Resubmittals to have original number with an alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. D. Apply Contractor's stamp, signed or initialled certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. F. Provide space for Contractor and Architect/Engineer review stamps. G. Revise and resubmit submittals as required, identify all changes made since previous submittal. H. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.4 SCHEDULE OF SUBMITTALS A. Section 02450, Railroad. B. Section 02511, Bituminous Surface Course. C. Section 02512, Aggregate Base Course. D. Section 02830, Chain Link Fences and Gates. E. Section 02900, Seeding. F. Section 03300, Cast -in -Place Concrete. 01269197 SUBMITTALS 01330-1 ,.. 02/01 1.5 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.6 SHOP DRAWINGS A. Submit the number of copies which Contractor requires, plus two copies which will be retained by Architect/Engineer. B. After review, reproduce and distribute in accordance with Article on Procedures above and for Record Documents described in Section 01700 - Contract Closeout. 1.7 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Architect/Engineer. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. C. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.8 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.9 MANUFACTURER'S CERTIFICATES — A. When specified in individual specification Sections, submit manufacturers' certificate to Architect/Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Architect/Engineer. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not used END OF SECTION 01269197 SUBMITTALS 01330-2 02/01 SECTION 01400 QUALITY CONTROL PART 1 GENERAL 1.1 SECTION INCLUDES A. Quality assurance and control of installation. B. Inspection and testing laboratory services. C. Tolerances D. Field Samples 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00800 - Supplementary General Conditions. C. Section 01330 - Submittals: Submission of Manufacturers' Instructions and Certificates. 1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. F. Perform work by persons qualified to produce workmanship of specified quality. 1.4 INSPECTION AND TESTING LABORATORY SERVICES A. The Contractor will perform inspections, tests, and other services specified in individual specification Sections and as required by the Engineer. B. Reports will be submitted by the Contractor to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. C. Retesting required because of non-conformance to specified requirements shall be performed on instructions by the Engineer. Payment for retesting will be charged to the Contractor. 01269197 02/01 OEM QUALITY CONTROL 01400-1 1.5 TOLERANCES A. Monitor tolerance control of installed Products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Engineer before proceeding. C. Adjust Products to appropriate dimensions; position before securing Products in place. 1.6 FIELD SAMPLES A. Install field samples at the site as required by individual specifications Sections for review. B. Acceptable samples represent a quality level for the Work. C. Where field sample is specified in individual Sections to be removed, clear area after field sample has been accepted by Engineer. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used. END OF SECTION 01269197 QUALITY CONTROL 01400-2 02/01 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Water and sanitary facilities. B. Temporary Controls: Barriers and water control. C. Construction Facilities: Access roads, parking, progress cleaning and temporary buildings. 1.2 RELATED SECTIONS A. Section 01700 - Contract Closeout. 1.3 TEMPORARY WATER SERVICE A. Connect to existing water source for construction operations. B. Contractor will make arrangements with the Owner for the measurement and payment associated with cost of water used. Exercise measures to conserve water. C. Extend branch piping with outlets located so water is available by hoses with threaded connections. 1.4 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. Existing facilities shall not be used. 1.5 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas, to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide protection for plant life designated to remain. Replace damaged plant life. C. Protect non -owned vehicular traffic, stored materials, site and structures from damage. 1.6 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. 01269197 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500-1 02/01 1.7 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site periodically or when directed by the Engineer and dispose off-site. 1.8 DUST CONTROL A. Provide and maintain at all times equipment necessary to effect dust control over the entire working area. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01269197 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500-2 02/01 r*+ SECTION 01568 EROSION AND SEDIMENT CONTROL DURING CONSTRUCTION PART 1 GENERAL 1.1 WORK INCLUDED Obtain permits and furnish labor, materials, equipment and incidentals necessary to provide erosion and sediment control during construction including furnishing, installing and maintaining erosion and sediment control structures and procedures and the proper removal when no longer required. 1.2 SUBMITTALS Submittals shall be in accordance with Section 01330, SUBMITTALS and shall include: A. Copies of approved permits. 1.3 NPDES PERMIT In accordance with the Final NPDES General Permits for Storm Water Discharge from Construction Sites as published in the Federal Register, September 9, 1992, 40 CFR Part 122, Contractor shall prepare and submit a Notice of Intent (EPA Form 3510-6), prepare a Storm Water Pollution Prevention Plan (SWPPP) and implement the plan during construction. The Notice of Intent (NOI) must be submitted at least 3 days prior to clearing and grubbing. The NOI should be sent to: Storm Water Notices of Intent, P.O. Box 1215, Newington, VA 22122, and one copy to the Owner. The SWPPP must be prepared by a Texas licensed professional engineer prior to the submittal of the NOI. The SWPPP must be on file at the construction site and be available upon request to EPA, State or local agencies, and Owner. The Contractor shall be responsible for implementing, updating and modifying per regulatory agency requirements, inspection, and monitoring the SWPPP. The Contractor shall retain records or copies of all reports by this permit for a period of at least three (3) years from date of Final Completion. For assistance in filling out the NOI or preparing the SWPPP, Contractor may call the EPA's Storm Water Hotline at 703-821-4828 or EPA Region 6 office at 214-655-7175. A. TEMPORARY DRAINAGE PROVISIONS Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall 01269197 EROSION AND SEDIMENT CONTROL DURING CONSTRUCTION 01568-1 PW 02101 be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Owner's facilities and the work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. B. EROSION CONTROL Contractor shall prevent erosion of soil on the site and adjacent property resulting from his construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that will disturb the natural protection. Contractor shall be responsible for establishment, maintenance, and applicable removal of proper erosion control measures. Such erosion control measures shall conform to Federal, state and/or local erosion control regulations and shall consist of measures that are generally accepted as adequate erosion control by the engineering profession. 1.4 JOB CONDITIONS; CODES AND ORDINANCES Comply with the local codes and ordinances. If local codes and ordinances require more stringent or additional erosion and sediment control measures during construction, Contractor shall provide such measures. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used I:12`ICE91=40"lllem 01269197 EROSION AND SEDIMENT CONTROL DURING CONSTRUCTION 01568-2 02/01 - SECTION 01600 MATERIAL AND EQUIPMENT PART GENERAL 1.1 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. E. Substitutions. 1.2 RELATED SECTIONS A. General Conditions. B. Information to Bidders: Product options and substitution procedures. C. Section 01400 - Quality Control: Product quality monitoring. 1.3 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. B. Provide interchangeable components of the same manufacturer, for similar components. 1.4 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. 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. 01269197 MATERIAL AND EQUIPMENT 01600-1 02/01 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. C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer — or specified to protect from damage during storage and installation. 1.5 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 not named. 1.6 SUBSTITUTIONS A. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. B. Document each request with complete data substantiating compliance of proposed - Substitution with Contract Documents. C. A request constitutes a representation that the Contractor: 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. 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. D. 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. E. 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 accept or reject request. PART 2 PRODUCTS Not Used 01269197 MATERIAL AND EQUIPMENT 01600-2 02/01 - PART 3 EXECUTION Not Used END OF SECTION 01269197 MATERIAL AND EQUIPMENT 02/01 01600-3 No Text SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. 1.2 RELATED SECTIONS A. General Conditions B. Supplementary Conditions C. Section 01500, Construction Facilities and Temporary Controls: Progress cleaning. 1.3 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. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 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. 01269197 CONTRACT CLOSEOUT 01700-1 02/01 E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Field changes of dimension and detail. 2. Details not on original Contract Drawings. F. Submit documents to Engineer. PART 2 PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION 01269197 CONTRACT CLOSEOUT 01700-2 02/01 SECTION 02200 EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Site clearing. 2. Earth moving and excavation. 3. Grading. 4. Backfilling. 5. Filling. 6. Compacting. 1.2 REFERENCES A. ASTM C 136 -83 --Sieve or Screen Analysis of Fine and Course Aggregates; 1983. B. ASTM D 698-91 -- Test Method for Laboratory Compaction Characteristics of Soil Using '^^ Standard Effort (12,400 ft-lbf/ft3 (600 kN-m/m3)); 1991. C. ASTM D 1556-90 -- Standard Test Method for Density and Unit Weight of Soil in Place by the Sand -Cone Method; 1990. ^+ D. ASTM D 2167-94 -- Standard Test Method for Density and Unit Weight of Soil In -Place by the Rubber Balloon Method; 1994. E. ASTM D 2487-93 -- Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System); 1993. F. ASTM D 2922-91 -- Standard Test Methods for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth); 1991. G. ASTM D 3017-88(93) -- Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth); 1988 (Reapproved 1993. 1.3 SUBMITTALS A. Test Reports: Testing laboratory shall submit the following reports directly to the Owner and shall copy the contractor: 1. Analysis of soil materials, whether procured on or off site, and including fill, backfill, and borrow materials. 2. Verification of each footing subgrade. 3. In-place density test reports. 4. Moisture -density relationship test reports. 1.4 QUALITY ASSURANCE A. Testing Laboratory Services: 1. Secure and pay for the services of a qualified, independent geotechnical engineer to classify existing soil materials, to recommend and to classify proposed borrow materials when necessary, to verify compliance of materials with specified requirements, and to 01269197 EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION 02200-1 02/01 perform required field and laboratory testing. Geotechnical engineer shall be acceptable. to the Owner and shall be licensed to practice in Texas. 1.5 SITE CONDITIONS A. Traffic: Do not interfere with or close public ways without permission of governing authorities. Do not interfere with adjacent private facilities. B. Site Utilities: 1. Advise utility companies of excavation activities before starting excavations. Locate and identify underground utilities passing through work area before starting work. 2. If underground utilities are encountered in locations other than indicated, immediately advise utility owners before proceeding. Amend project record documents to show actual locations. 3. Protect existing utilities indicated to remain. 4. Do not interrupt existing utilities without advance notice. PART 2 - PRODUCTS 2.1 MATERIALS A. Where sufficient approved materials are not available from required excavations on site, obtain and pay for materials from approved sources off site without charge to the Owner. B. For each soil material proposed for use as fill or backfill, whether obtained on or off site, testing laboratory shall classify soil material, develop Proctor curve, and perform any other tests required. C. Obtain approval of the Owner for each soil material. D. Topsoil: Friable clay loam surface soil. E. Satisfactory Topsoil: Fertile agricultural soil, typical for locality, capable of sustaining vigorous plant growth; free of subsoil, rocks larger than 2 inches in diameter, clay, toxic matter, plants, weeds, and roots. F. Backfill Material (ASTM D 2487): Select non -plastic material with a Plasticity Index of 15 or less, 30 percent by weight passing the NO. 200 -mesh sieve, maximum particle size less than 2 inches. G. Fill Material: Select non -expansive material meeting the following requirements: 1. Maximum Aggregate Size 3.0 Inches 2. Percent Retained on No. 4 Sieve 25-50 3. Percent Retained on No. 40 Sieve 50-85 4. Plasticity Index 15 Maximum H. Sand: Natural or river bank sand; free of silt, clay, loam, friable or soluble materials, or organic matter, grade in accordance with ASTM 0136. Sand will be placed over the vapor retarder specified in Section 03300. I. Cement Stabilized base course: two sacks/cy. J. Subbase Material: Well -graded, clean, sound, durable particles of crushed stone, crushed blast furnace slag, or crushed gravel, and screenings. Obtain the Owner's approval of source, quality, and gradation. 01269197 EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION 02200-2 02/01 2.2 EMBANKMENT/TOPSOIL A. Embankment Embankment shall be constructed to the lines and grades as shown on the plans or as directed by the Owner, in approximately horizontal layers. Only suitable material, approved by the Owner, shall be placed as embankment. The Contractor shall obtain borrow source if necessary to complete embankment areas. Material shall meet ASTM D2487 soil classification groups SP and SM, free of rock or gravel larger than 1" in any dimension, debris, waste or vegetation. The material shall have a PI less than 12. The existing surface on which fill is to be placed shall be scarified to a depth of approximately three inches prior to the placement of any fill material, in order to bond the fill to the existing surface. Any unsuitable subgrade materials below the finished subgrade excavation, shall be removed and replaced with suitable materials. No separate payment for removing and replacing such materials will be made and shall be incidental to subgrade preparation. B. Topsoil All topsoil imported for planting beds shall be typical in texture of the soils in the area. The soil shall be free of nutgrass and other noxious weeds, grasses, sticks, roots, sterilants, chemicals or stones, and shall be consistent in texture characteristic of a sandy -loam. Blow sand or caliche shall not be permitted. No rocks larger than two (2) inches in diameter shall be permitted. The topsoil shall be obtained from excavations on the site. A minimum depth of one foot shall be required in all areas to receive topsoil. When beds are filled with imported soil, the finished grade of the soil, after settling, shall be a minimum of four inches and a maximum of five inches below adjacent concrete surfaces. Soil amendments shall then be mixed into the soil by the landscape Contractor in order to bring the soil level up to finished grade. Topsoil in areas that are not to be landscaped or paved shall meet all of the requirements in this section. Topsoil shall be placed in medians to the lines and grades shown on the plans or as directed by the Engineer. C. Placing and Compacting After the existing surface has been prepared, acceptable fill material shall be deposited inloose layers and then wetted and thoroughly mixed to uniform optimum moisture content. The material shall then be spread in a uniform layer and compacted to the required density by any method, type and size of equipment which will give the required compaction. The depth of the layers shall depend upon the type of sprinkling and compacting equipment used. Additional water shall be added to maintain optimum conditions during the compaction, if required. If the material contains excess moisture, from rain or other sources, rolling shall be deferred until optimum conditions are reached. Succeeding layers shall be placed in a like manner. If a "crust" has formed on any layer before the succeeding layer is placed, this surface shall be scarified before additional fill material is placed on it. Material in soft places which develop under compaction shall be removed and replaced with other, acceptable, material so that uniform density is obtained throughout the fill. Areas not accessible to rolling equipment shall be compacted by hand tamping or other approved methods to a density equal to that of the remainder of the work. Under paved or concrete areas the material shall be compacted to the percentage of maximum density shown on the plan, at optimum moisture, as determined by ASTM D1557. D. Quality Control One field density test shall be required for each 500 square yards of prepared subgrade. 01269197 EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION 02200-3 02/01 2.3 SUBGRADE FINISHING The subgrade shall be finished accurately to the lines, grades and cross sections as shown on the plans or as established in the field. Subgrade in cut areas shall be brought to grade by blading or hand grading. The surface shall be compacted with an approved pneumatic roller followed by an approved three wheel roller until it presents a uniform compacted appearance. Subgrade in fill areas shall be compacted with an approved pneumatic roller. The final rolling of the last layer deposited shall be followed by blading and rolling with the three wheel roller as described above. The entire subgrade area shall be compacted to the percentage of maximum density shown on the plans, at optimum moisture, as determined by ASTM D1557. Areas inaccessible to rolling shall be compacted by other approved methods to produce the same compaction. Moisture shall be maintained in the material, by sprinkling as required, during this operation. Warped sections, valley gutters and other irregularities in section as shown on the plans or established in the field, shall be accurately formed in the subgrade during the finishing operation. Subgrade shall be checked by "teeing" from gutter to gutter on cross section and valley gutters and by means of a straightedge, longitudinally. A satisfactory straightedge shall be furnished by the Contractor if required. Variations of more than one-half ('/2) inch from true grade or from true cross sections shall be corrected by loosening, adding or removing material, reshaping and recompacting the area affected. 'Blue tops" set to finished subgrade elevations shall be set in areas where the elevations cannot be checked as stated above. 2.4 ROLLING EQUIPMENT A. Pneumatic Rollers Pneumatic rollers shall consist of not less than nine pneumatic -tired wheels, running on two axles in such a manner that the rear group of tires will not follow in the tracks of the forward group and shall be mounted in a rigid frame and provided with a loading platform or body suitable for ballast loading. The front axle shall rotate around a king pin so located that the roller may be turned within a minimum circle. The roller, under working conditions, shall have an effective rolling width of approximately sixty (60) inches and shall give a minimum compression of three hundred and twenty-five (325) pounds per inch of width of tire tread. The roller shall be drawn by either a suitable pneumatic -tired tractor, or shall be of the self-propelled type. B. Three Wheel Roller This roller shall be a three wheel self-propelled type, weighing not less than ten (10) tons and shall provide a compression on the rear wheels of not less than three hundred and twenty-five (325) pounds per linear inch of width. The rear wheels shall be flat, shall have a diameter of not less than forty-eight (48) inches and shall have a width of not less than 20 inches. PART 3 - EXECUTION 3.1 PREPARATION A. Protection: Provide markers indicating limits of work and clear identification of items and areas requiring protection. 01269197 EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION 02200-4 02/01 .*a P" 9 B. Provide barricades, warning signs, and warning lights around open excavations as necessary to prevent injury to persons. C. The contractor is solely responsible for determining the potential for injury to persons and damage to property. 1. Where such potential is present, take appropriate protective measures. 2. Protect persons from injury and protect existing and new improvements from damage caused directly or indirectly by construction operations. D. Do not allow excavation subgrades and soil at foundations to be subjected to freezing temperatures or frost. Provide protective insulating materials as necessary. Should prepared, compacted subgrades be damaged by freezing, remove soil materials to the depth required by the Owner and replace and recompact in conformance with specified requirements. 3.2 PROTECTION OF TREES A. Provide temporary guards to protect trees and vegetation to remain. Place guards so as to prevent all forms of vehicular traffic or parking within drip lines. 1. Do not allow excess foot traffic within drip lines. 2. Do not stockpile construction materials, soil, or aggregates within drip lines. 3. Water trees and other vegetation to remain within limits of the area of construction activities as required to maintain their health during course of construction operations. B. Promptly repair any damaged trees to prevent death or loss of vigor. 3.3 CLEARING AND GRUBBING A. Remove all vegetable matter from within the limits indicated on the drawings. 1. Fill holes thus created with approved, compacted soil. 2. Remove and dispose of grass and other vegetation before stripping topsoil. Strip topsoil down to subsoil without contaminating topsoil with subsoil. 3. Stockpile in a manner to freely drain surface water and to prevent contamination by subsoil or other materials; cover if necessary to prevent wind-blown dust. 4. Do not strip topsoil within driplines of trees indicated to remain. 3.4 DEWATERING A. Do not allow surface or ground water to flow into or accumulate in excavations. B. Do not allow water to flow in an uncontrolled fashion across the project site or to erode slopes or to undermine foundations. Do not allow water to be diverted onto adjacent properties. Arrange excavation operations so as to provide continual and effective drainage of excavations. C. Provide and maintain temporary diversion ditches, dikes, and grading as necessary; do not use trench excavations for this purpose. When required by surface or subsurface water conditions, provide sumps, wellpoints, French drains, pumps, and other control measures necessary to keep excavations free of water. When existence of ground water near or above final excavation level is indicated or suspected, provide control measures prior to excavating to water level and maintain water level continuously below working level. 01269197 EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION 02200-5 „, 02/01 3.5 EXCAVATION A. Explosives: Do not use explosives. B. General: Excavation includes the removal of any materials necessary to achieve the required subgrade elevations and includes reuse or disposal of such materials. 1. Excavation will not be classified for payment purposes to distinguish between earth, rock, obstructions, or other materials. C. Unnecessary Excavation: The expense of excavation of materials outside of limits indicated or ordered in writing by the Owner and the correction thereof to the satisfaction of the Owner shall be borne by the contractor. 1. Unnecessary excavation under footings: Either deepen footings to bear on actual subgrade elevation without changing top elevations or place concrete fill up to required elevation, as required by the Owner. 2. Unnecessary excavation other than under footings: Either place compacted fill or otherwise correct conditions, as required by the Owner. D. Approval of Subgrade: Notify the Owner when required elevations have been reached. 1. When required by the Owner due to the unforeseen presence of unsatisfactory materials or other factors, perform additional excavation and replace with approved compacted fill material in accordance with the Owner's instructions. 2. Payment for unforeseen additional work will be made in accordance with established unit prices or, if none, in accordance with provisions for changes in the work. No payment will be made for correction of subgrades improperly protected against damage from freeze -thaw or accumulation of water, or for correction of otherwise defective subgrades. E. Excavation Stabilization: Wherever it is possible to slope faces of excavations to achieve stabilization, do so in compliance with requirements of governing authorities. Otherwise, provide shoring and bracing. 1. Design, provide, maintain, and remove shoring and bracing in compliance with requirements of governing authorities. Remove temporary shoring and bracing when stabilization is no longer required. F. Excavation for Structures: 1. Excavate beyond footings and foundations so as to allow proper construction and inspection of concrete formwork and other materials. Excavate to the required elevation. a. Tolerance: Plus or minus 0.10 foot. G. Excavation for Footings and Foundations: 1. Delay excavation to final grade and final compaction until just before concrete will be placed. 2. Remove any loose or sloughed material and adjust excavations to conform to required lines, grades, and tolerances and to form a suitable bearing surface. Do not disturb bottom of completed excavations. H. Excavation for Trenches: 1. Unless otherwise required, begin trenching, utility installation, and backfilling at lowest portion of utility line, working toward highest portion of line. 2. Required trench width: Excavate accurately to provide not less than 6 nor more than 9 inches of clearance on each side of pipes and conduits, unless otherwise indicated. a. Where indicated trench widths are exceeded, redesign, stronger pipe, or special installation procedures may be required by the Owner at no additional cost to the Owner. 3. Unless otherwise indicated, trench walls for piping shall be vertical from trench bottom to one foot above top of pipe or to top elevation of initial backfill, whichever is higher. 01269197 EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION 02200-6 02/01 4. Excavate trenches to the depths necessary to achieve required flow lines and invert elevations and to prevent freezing of liquids or frost heave during winter. 5. Dig trenches to depths indicated. k 6. Should hard, unyielding material be encountered when excavating for utilities bearing directly on trench bottom without bedding, remove such material to at least 4 inches below required grade and replace with approved, compacted material. 7. Trench bottoms: Unless otherwise indicated, excavate and shape trench bottoms as follows: a. Support pipes and conduit up to 5 inches diameter on smooth, accurately graded subgrade. Shape surface by hand to provide continuous support on undisturbed soil for bell and body of pipe and joints, fittings, and body of conduit. b. Support pipes and conduit 6 or more inches diameter on 4 inches of approved subbase material. Place and carefully compact additional layer of subbase material of depth required to support pipe haunches. Shape surface to provide continuous support for bell and body of pipe and joints, fittings, and body of conduit. 3.6 STORAGE A. Stockpile materials to be used for filling and backfilling, including excavated materials classified as satisfactory soil materials, at locations indicated or as directed. Stockpile in a manner to freely drain surface water; cover if necessary to prevent wind-blown dust. 1. Store soil materials without intermixing. Protect from contamination with other soils or debris. 2. Do not stockpile materials inside of drip line of trees to remain. 3.7 BACKFILLING A. Preparation: Backfill excavations as soon as practicable. Complete the following operations before backfilling: 1. Inspection and acceptance of below -grade construction. 2. Inspection, testing, and approval of underground utilities. 3. Surveying of underground utilities for record documents. �.., 4. Concrete formwork removal. 5. Removal of loose material, muck, debris, and trash from excavation. 6. Installation of temporary or permanent horizontal bracing for structures to receive backfill. B. Remove temporary shoring and bracing as the work progresses and when its use is no longer necessary. 1. Backfilling near footings, general: Where trenches occur underneath of footings, or where trench bottoms occur below and within 18 inches horizontally of footing bottoms, backfill trench with concrete to top of footing and up to 4 feet perpendicularly from each face of footing. C. Installation: Place approved soil materials in layers to required elevations. 1. Do not place material on muddy or frozen surfaces or on surfaces containing frost. D. Installation: Place satisfactory soil materials in layers to required subgrade elevations. i 3.8 FILLING A. 01269197 02/01 Preparation: Verify that area has been stripped of vegetation including roots below grade. Remove and dispose of any unsatisfactory soils. EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION 02200-7 1. Break up existing pavement in areas indicated before filling over. 2. Should density of subgrade to receive fill be less than specified for fill, break up and pulverize subgrade to a depth of at least 6 inches, moisture condition if necessary, and recompact to required density at optimum moisture content. B. Installation: Place fill materials to required elevations in lifts of required depth. Provide fill materials beneath each area as indicated. Planted areas: Fill Material. 2. Exterior steps/ramps: Fill Material. 3. Building slabs: 2" sand on rapor retarder on fill material. 4. Piping/conduit: Subbase material where indicated; otherwise use satisfactory soil materials. 3.9 COMPACTION A. Place materials used in backfilling and filling in layers not exceeding loose depths as follows: 1. Heavy equipment compaction: 8 inches. 2. Hand -operated tampers: 4 inches. B. Place material simultaneously on opposite sides of walls, small structures, utility lines, etc. to avoid displacement or overstressing. C. In -Place Density Requirements: As shown in the plans. D. Moisture Control: During compaction, control moisture of subgrades and subsequent lifts to within tolerances from optimum moisture content as recommended by testing laboratory. Wet surface with water when additional moisture is required. Aerate soil to aid in drying or replace soil when excessive moisture is present. 3.10 GRADING A. General: Smooth grade to a uniform surface that complies with compaction requirements and required lines, grades, and cross sections and is free from irregular surface changes. B. Provide smooth transition between existing adjacent grades and changed grades. Cut out soft spots, fill low spots, and cut down high spots to conform to required surfaces tolerances. C. Slope grades to direct water away from structures and to prevent ponding. Finish subgrade to required elevations within the following tolerance: 1. Unpaved areas: Plus or minus 0.10 foot. 2. Exterior steps and ramps: Plus or minus 0.05 foot. 3. Inside building lines: 1/2 inch as measured with a 10 -foot straightedge. 3.11 PROOFROLLING A. After completion of required compaction and immediately prior to proceeding with subsequent construction, proofroll in the presence of testing laboratory representative. B. Proof roll using a heavy pneumatic -tired vehicle having four tires abreast, each tire loaded to _ 30,000 pounds and tire inflated to 150 psi. Provide 30 coverages of the area to be proof rolled, one coverage being defined as the application of one tire print over the entire area. Maintain optimum moisture content during proof rolling. In areas which show pumping or which are _ otherwise unsatisfactory, undercut fill material and replace with compacted fill, or stabilize in place, as required by the Owner. C. Proofroll Areas to Receive: 1. Building slabs on grade. -- 01269197 EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION 02200-8 02/01 - 6a 9 3.12 FIELD QUALITY CONTROL A. Testing Laboratory Services: Provide timely notice to testing laboratory. Do not proceed with construction until testing of each subgrade and lift of fill or backfill has been performed and required inspections and approvals have been obtained. B. Maximum Density at Optimum Moisture Content: Determine in accordance with ASTM D 1557. 1. For each subgrade, fill, and backfill material, perform one moisture -density relationship test for each 1500 cubic yards, or fraction thereof, of material used. C. In -Place Density Tests: ASTM D 1556 (sand cone method), ASTM D 2167 (rubber balloon method), or ASTM D 2922 (nuclear method), as applicable. 1. When ASTM D 2922 is used, check and adjust calibration curves using ASTM D 1556 only. ASTM D 3017 shall be performed to measure water content of soil at the time in-place density tests are conducted. Calibrate density and moisture gages at the start of testing on each type of material encountered and at intervals as directed. D. Areas under Slabs and Pavements: Conduct not less than one in-place density test of subgrade and one in-place density test of each compacted fill or backfill layer for every 5000 square feet of overlying paved area, but in no case less than 3 tests per lift. E. Foundation Wall Backfill: Conduct not less than 2 in-place density tests per lift. F. Trench Backfill: Conduct not less than 2 in-place density tests per lift per trench. G. If testing service reports indicate that subgrade or fills are below specified density, scarify or remove and replace to the required depth, recompact, and retest at no cost to the Owner. 3.13 MAINTENANCE A. Completed Areas: Protect from damage by pedestrian or vehicular traffic, freezing, erosion, and contamination with foreign materials. 1. Repair and re-establish grades to specified tolerances in settled, eroded, or rutted areas. B. Damaged Areas: Where completed or partially completed surfaces become eroded, rutted, settled, or lose compaction and whether due to subsequent construction operations or weather conditions, restore materials to required conditions: Scarify or remove and replace to the required depth, return to optimum moisture content, and compact materials to the required density before continuing construction. C. Correction: Should settling occur within the project correction period, remove finished surfacing, add additional approved material, compact material, and reconstruct surfacing. Construct surfacing to match and blend in with adjacent surfacing as nearly as practicable. 3.14 DISPOSAL OF EXCESS AND WASTE MATERIALS A. Properly dispose of any excess or unsatisfactory topsoil off site. B. Remove any material not required for use on the project (including unsatisfactory soil, excess satisfactory soil, trash, and debris) and legally dispose of it off the Owner's property. C. On-site burning is not permitted. D. Stockpile excess material at the location shown in the plans or as directed by the Owner. END OF SECTION 01269197 EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION 02200-9 02/01 No Text I SECTION 02450 RAILROAD PART 1 -GENERAL 1.1 SCOPE This section of the specifications covers ballasting, track laying, ties, rails, crossings, and accessory equipment complete as shown on the plans and as specified herein, required for the construction of the railroad trackage. 1.2 SITE PREPARATION The area required for construction of the railroad shall be cleared of all rubbish, debris, concrete structures and vegetation. Excavation and grading and subgrade preparation shall be in accordance with Section 02200 EARTHWORK, EXCAVATION, GRADING AND SUBGRADE PREPARATION, of these specifications. PART 2 - PRODUCTS 2.1 RAILROAD MATERIALS A. General All materials furnished by the Contractor shall conform to the most recent edition of the applicable specifications of the AREMA Manual, or specifications of the using railroad, and as follows. Where conflicting specifications exist, discrepancies will be reported to the Engineer for decision. B. Ballast All ballast used shall be crushed stone. AREMA size number 5 minimum wiht not less than 75 % crushed particles with two or more fractured faces. C. Ties All cross ties and switch ties shall be creosote -treated hardwood. Cross ties shall be a minimum of 7 -inches by 8 -inches. Length of cross ties shall be a minimum of 8'-6" except the length of switch ties shall be as required. Cross ties shall be spaced 211/2 - inches center -to -center. Switch ties shall be 7 -inches by 9 -inches. D. Rails Rail shall weigh a minimum of 115 pounds per yard (5 1/2" base) compatible with �^ Burlington Northern/Santa Fe punch spacing. Rail shall be new or Number 1 relay rail, conforming to the to the applicable requirements of AREMA Manual for Railway Engineering. Relayed rail may be used if the required section, weight and the condition *•* of the rail is satisfactory the Owner. Rail shall be free of base nicks or slots. Rail shall be transported, unloaded and handled in a manner to avoid breakage, damage or bending. E. Switches and Frogs All parts shall be new or good secondhand, with secondhand parts being free of injurious defects. Switches, frogs and other materials shall be installed in accordance with standard plans, and shall be in proper adjustment upon completion. Frogs shall be rigid, bolted frogs, with guard rails. Lubricate slide plates beneath switch points with a graphite lubricant. Weight of rail turnout shall not be changed within limits of switch ties. 01269197 RAILROAD 02450-1 OM 02/01 F. Tie Plates All tie plates shall be dimensioned and punched to fit the joint bars and base of the rail used. Two (2) tie plates shall be installed on each tie. Used tie plates in suitable condition, approved by the Owner, may be reused. The tie plates shall be double shouldered and placed with the shoulder squarely against the rail. No cocked tie plates will be permitted. G. Track Bolts, Nuts and Spring Washers Track bolts and nuts shall be new and of a size to fit the rail as shown on the plans. _ Spring washers shall conform to AREMA specifications and shall be of a size to fit the bolt and nut used. H. Track Spikes All track spikes shall be 6 inches by 5/8 inch for all cross ties. Location and number of spikes shall be as specified herein. New track spikes shall be used throughout for both new and relayed rail. I. Geotextile Fabric Fabric used to support ballast shall be in accordance with AREMA Part 10. The fabric shall be nonwoven fabric or equivalent. The material shall be resistant to U.V. light, rot, insects and rodents and have a typical weight of 12 to 16 oz/sq. yd. J. Concrete Roadway CrossingPPanels The precast concrete crossing panels shall be full depth standard panels designed to fit across the roadway on the degree of curve shown on the plans. The panels shall be manufactured using minimum 5,000 psi concrete, and shall have a metal angle surround. The panels shall be manufactured to meet HS20-44 loading in accordance with _ AASHTO Standard specifications. Loading design calculations shall be certified by the panel manufacturer. Panels shall be "9' Lagtype" concrete grade crossing panels as manufactured by Century Precast Concrete Products (318/527-0407) or approved equal. Complete installation of the concrete crossing panels shall be as recommended by the panel manufacturer. K. Gage Rods Gage rods shall be used on curves where it is difficult to maintain gage. On curves between 7° and 10°, four (4) gage rods per 39 -foot panel shall be installed, and on curves between 10° and 12°, five (5) gage rods shall per 39 -foot panel shall be installed. L. Railroad Car Terminal Bumping Post Assembly Railroad car terminal bumping post assemblies shall be installed at locations shown on the drawings or as designated by the Owner, and shall be Hayes Type WD bumping posts, as manufactured by Western -Cullen -Hayes, Inc., or approved equal. Bumping posts shall be installed in accordance with the manufacturer's recommendations. 2.2 TRACK CONSTRUCTION A. Applicable Specifications All track construction not covered specifically herein shall be in accordance with AREMA specifications and recommended practices, or in accordance with the requirements of using railroad. B. Roadbed The surface, grade, geotextile fabric and drainage pipe (perforated) shall be constructed as shown on the plans and shall be approved prior to distribution of construction material. The Contractor shall use equipment that will not form ruts or water pockets when distributing material over the finished roadbed. 01269197 RAILROAD 02450-2 02/01 ii 01269197 02/01 C. Unloading Material The use of picks in the handling of ties will not be permitted. Rails shall be unloaded in an approved manner satisfactory to meet safety requirements and prevent damage to the rails or any other construction feature. Proper length rails shall be distributed for spacing at joints and switches, at road crossings, and at other special locations as required for construction. D. Placing Ties Cross ties shall be spaced 211/2 -inches center -to -center and switch ties shall be spaced as required for construction of the turnout. All ties shall be laid perpendicular to the centerline of the track with the wide heart -wood face down. The best ties shall be used at rail joints. Moving and placing ties with picks, spike mauls, sledges or shovels will not be permitted. Ties shall be moved only with tongs. The ends of ties on one side of the track shall be parallel to the rail so that the center of the tie will be on the centerline of the tracks. The ends shall be aligned on the inside of curves and continued on that side until reaching the next tangent. The top surface of ties shall provide full bearing for the rail and tie plate. Any ties which require adzing or which have been damaged shall be immediately slushed with creosote oil. E. Track Laying The base of the rail and the surface of the tie and tie plate shall be cleaned prior to laying. Rail shall be laid without bumping or striking, to the standard gauge on tangents and on curves up to 8°, then widened 1/8 inch for each increment of 2° to a maximum of 4'9". The track shall be gauged perpendicular to the rails at joints, centers and quarter points as spikes are being driven. Gauging shall be accurate in all respects. Rails shall be laid with staggered joints with the rail joints located not more than 30 inches from the centers of the opposite rails on tangents, or more than 4 feet from the centers of the opposite rails on curves over 6°. Rails of less than standard length shall be used to space the joints on curves. No joint shall be less than 6 feet from the centerline of a drainage culvert or less than 3 feet from switch points. Allowance for expansion shall be provided at rail joints by installing previously approved rail - expansion shims of wood, fiber, or metal as the rails are laid. Metal shims shall be removed, but wood and fiber shims need not be removed. Shims shall be of the thickness shown in the following table: Temperature of Rail Shim Thickness in Inches (degrees F.) for 39 -foot Rail 0- 25 1/4 26- 50 3/16 51- 75 1/8 76-100 1/16 Over 100 0 The temperature of the rails shall be determined by use of a thermometer placed on the base of the rail in the shade. Only rail saws or track chisels shall be used to cut rail. New holes shall be drilled. Holes cut with a torch will not be acceptable. F. Tie Plates Location and type of tie plates shall be as specified herein for tangents and curved track. Tie plates shall be so placed that the rail will have full bearing on the tie. Tie plates shall be set at right angles to the rail with the outside shoulder against the base of the rail. When tie plates are not required, the rail shall make full contact with the tie. RAILROAD 02450-3 G. Joint Splice Bars Joint splice bars shall be clean and well oiled and shall be installed with the full number and correct size of bolts, nuts and spring washers. Bolts will be of sufficient length to allow projection of at least two full threads beyond the tightened nut. Bolts shall be placed with the nuts alternately on inside and outside of the rail and shall be drawn tight before spiking. After the track has been placed in service and before acceptance of the work, all bolts shall be checked and tightened. H. Spiking Rail shall be spiked promptly after laying. Spikes shall be started and driven vertically and square with the rail with the face of the spike in contact with the base of the rail to full bearing on the rail base. Four rail -holding spikes shall be used on each tie with one on each side of each rail; and six rail -holding spikes shall be used on curves with one on the outside and two on the inside of each rail. Spikes shall be placed not less than 2 inches from the edge of the tie, and shall be staggered with the outside spikes in each tie near the same edge, and the inside spikes near the opposite edge with the position of spikes the same on all ties. At the time spikes are driven, gauging of rails will be accomplished as previously specified. I. Tie Plugs If spikes are withdrawn, the holes shall be swabbed with creosote and immediately plugged with creosoted tie plugs of a proper size to fit the hole. J. Ballast After track is laid, ballast shall be placed to the depth indicated on the plans to bring the track to grade. If ballast is shipped in hopper cars, it may be unloaded and spread by having one or more hoppers open and allowing the required material to flow as the car moves slowly along the track. Ties or timber may be placed across the tracks in front of the car wheels just behind the open hopper to facilitate spreading. If automotive equipment is used, care shall be taken when distributing to avoid ruts that will prevent proper drainage of the roadway or other adjacent areas. K. Preliminary Surfacing The preliminary alignment and surfacing shall follow the unloading of the ballast. The _ track, after being aligned, shall be brought to grade and surface in lifts not exceeding 6 inches each. After each lift, the ballast shall be tamped. Jacks shall be placed on the outside of the rail close enough together to prevent excessive bending or strain of rail — and joint. Both rails shall be raised uniformly except where super elevation is required, in which case the outer rail shall be raised first to the elevation indicated. After the tamping has been completed and the jacks removed, all ties pulled loose shall be spiked. Ballast under the ties of the track shall be tamped the entire length of each cross tie and switch tie. L. Final Surfacing After preliminary surfacing has been completed, grade and line stakes shall be checked and corrections made accordingly to comply with the plans. Track shall be jacked to the exact elevation of the grade stakes and the ballast retamped. After the track has been brought to elevation and grade, the tracks shall be given a final lining conforming to the established track centers. The ballast shall then be dressed to the section indicated and the shoulders brought to line and surface. Covering the ballast with sand or other fine grained material will not be permitted. All ties pulled loose shall be spiked securely in proper position with full bearing on tie plates and rails. 01269197 RAILROAD 02450-4 02/01 2.3 GRADE CROSSINGS Grade crossings shall be constructed as shown on the plans. Paving at grade crossings shall be as noted on the plans. Bituminous surfacing used shall be in accordance with Section 02511 BITUMINOUS SURFACE COURSE, of these specifications. During construction of the public roadway grade crossings, the Contractor shall provide temporary roadway access facilities for traffic, and shall maintain adequate drainage, signs and other appurtenances for safe travel in accordance with the Texas Department of Transportation. Roadway and railroad drainage shall be maintained and the accumulation of water that might affect the stability shall not be permitted. The concrete crossing panels shall be installed in accordance with the manufacturers recommendations and instructions. 2.4 CLEANUP Upon completion of the work described in this section, the construction site and Contractor's laydown areas shall be cleared of all equipment, surplus material and debris, and such material shall be disposed of off the Owner's property in an approved manner. PART 3 - EXECUTION Not used. END OF SECTION 01269197 RAILROAD .- 02/01 02450-5 SECTION 02511 BITUMINOUS SURFACE COURSE PART 1 - GENERAL 1.1 SCOPE This section covers the requirements for constructing an asphaltic concrete surface on a prepared base course in the locations and in conformity with the sections shown on the plans, as specified herein, or as directed by the Engineer. The Contractor shall furnish all materials, labor, superintendence and incidentals necessary to complete the work in accordance with the drawings and as specified herein. PART 2 - PRODUCTS 2.1 MATERIALS A. Asphaltic Concrete Asphaltic concrete surfacing shall consist of a mixture composed of mineral aggregate and asphaltic material, mixed and applied while hot, placed on a previously completed base course. All methods employed in performing the work and all equipment, plant and machinery used for handling materials and executing a part of the work shall be subject to the approval of the Owner before the work is started. Equipment, tools, machinery and plant shall be maintained in first class condition, and whenever found unsatisfactory shall be changed or improved as required. The surface course composed of mineral aggregate and bituminous material shall produce a mixture which, when designed and tested in accordance with these specifications and methods outlined in the Texas Highway Department Bulletin C-14, shall have the following laboratory density as a percentage of the maximum theoretical density and stability: Density % Stability % Min.- 96 Max. - 98 Optimum - 97 Not less than 35 The surface on which the asphaltic concrete pavement is placed must be 50°F. or higher. The asphaltic mixture shall not be placed when the air temperature is below 45°F. and falling, but it may be placed when the air temperature is above 40°F. and rising, with the further provision that the materials shall be placed only when weather conditions, in the opinion of the Engineer, are suitable. The paving mixture shall be composed of a uniform mixture of coarse aggregate, fine aggregate, mineral filler, and asphaltic cement. The material forming the mixture shall be proportioned by weight. The grading of each constituent shall be such as to produce, when proportioned, a mixture conforming to the limitations for grading of Type D surface or wearing course meeting 1993 Texas Highway Department Specifications. The asphalt material shall form approximately 6 percent of the mixture by weight. The thickness and type of the asphaltic concrete shall be as shown on the drawings and as stated in the Proposal. 01269197 BITUMINOUS SURFACE COURSE 02511- 1 �„ 02/01 B. Coarse Aggregate Coarse aggregate shall be that part of the aggregate retained on a No. 10 mesh sieve and shall consist of clean, tough, durable fragments of stone or gravel (Class A) of uniform quality throughout. It shall be free from dirt, organic or other injurious matter occurring either free or as a coating on the aggregate. The rock from which the aggregate is produced shall have a percentage wear of not more than forty (40) when subjected to the Los Angeles Abrasion Test AASHTO Designation: T-96. Crushed aggregate shall contain at least 75 % by weight of crushed pieces having two or more fractured faces and at least 95 % by weight of particles with one or more fractured faces. The area of each face shall be equal to at least 75 % of the smallest midsectional area of the piece. When two fractures are contiguous, the angle between planes of fractures shall be at least 30 degrees to count as two fractured faces. C. Fine Aggregate The fine aggregate shall be that part of the aggregate passing the No. 10 mesh sieve and shall consist of sand or stone screenings or a combination thereof. Sand shall be composed of sound, durable particles free from loam, coating or other deleterious substances. Screenings shall be of the same or similar materials as specified for coarse aggregate. That portion of the fine aggregate including any blended filler, passing a No. 40 mesh sieve shall have a plasticity index of not more than 6, as determined by AASHTO Designation: T-91, and a liquid limit of not more than 25 as determined by AASHTO Designation: T-89. D. Mineral Filler The mineral filler shall consist of thoroughly dry stone dust, slate dust, Portland cement or other mineral dust approved by the Engineer. It shall be free from injurious materials and shall meet the following grading requirements: Passing a 30 mesh sieve ............... 100% Passing a 200 mesh sieve, not less than .... 60% E. Asphaltic Cement Asphaltic cement for the hot mix asphaltic concrete shall be homogenous, free of water and shall not foam when heated to 347°F. In addition, it shall meet the specifications of Viscosity Grade AC -10 Asphaltic Cement as specified in 1993 Texas Highway Department Specifications. The deviation from the final approved mix design for bitumen content will be limited to plus or minus 0.3 percent. F. Additive An approved liquid antistripping agent shall be added to asphalt used in the hot mix asphaltic concrete. The additive shall be applied in accordance with the manufacturer's recommendations with minimum of 1/2% required. The additive used shall have a proven record with the type of aggregate used for this project. The percentage of additive to be used shall be included in the job mix submitted to the Owner for approval. G. Prime Coat and Tack Coat The asphalts for the prime coat and tack coat shall be cutback asphalts of the rapid curing type or the medium curing type, as directed by the Owner. The asphalts used shall meet 1993 State Department of Highways and Public Transportation Standard Specifications Item 300. The prime coat shall be MC -30 and the tack coat shall be RC -250. 01269197 BITUMINOUS SURFACE COURSE 02511-2 02/01 Neither the prime coat nor the tack coat shall be applied when the air temperature is below 50°F. and falling, but may be applied when the air temperature is 40°F. and is rising. No prime coat or tack coat shall be applied when the general weather conditions, in the opinion of the Owner, are not suitable. H. Tests ►* The Contractor shall furnish test certificates made by a competent commercial laboratory on each material source, as specified in this section, which he proposes to use before any such material is ordered or shipped. No material may be used until such test result certificates have been examined by the Owner and the source and quality of the material approved. The asphaltic concrete mix design proposed for the project shall be approved by the Engineer before laying. The cost of all preconstruction tests shall be borne by the Contractor. Additional test certificates shall be furnished on the aggregate if the material source is changed. PART 3 - EXECUTION 3.1 EQUIPMENT All equipment used in the construction of the asphaltic concrete surfacing shall meet the approval of the Owner and be maintained in first class condition throughout the period of r construction. The asphalt distributor for prime and tack coat shall be an approved type, self-propelled pressure distributor, so constructed and operated as to distribute the material evenly and smoothly in the quantity specified or directed. Suitable means for heating, controlling the heat, determining the temperature of the contents of the tank, adjusting and controlling the rate of application and for measuring the volume of asphalt shall be provided. The distributor shall be calibrated prior to application of any material under these specifications or a certificate of calibration, satisfactory to the Owner, shall be supplied by the Contractor. Trucks in which the material is hauled from the plant to the point of deposition, shall be tight to the material transported and so constructed that the entire load may be quickly dumped at the point of deposition. Trucks shall be clean of all foreign materials and maintained in a satisfactory condition. Equipment for rolling the surface shall minimally consist of a three -wheel roller weighing not less than ten (10) tons, a two axle tandem roller weighing not less than eight (8) tons and a self-propelled pneumatic roller equipped with tires that will afford ground contact pressures of 90 pounds per square inch or more. Other small equipment such as shovels, hand tamps and smoothing irons shall be furnished and maintained in good condition. The spreading and finishing machine shall be of a type approved by the Owner, shall be capable of producing a surface that will meet the requirements of the typical cross section and the surface test, when required, and when the mixture is dumped directly into the finishing machine shall have adequate power to propel the delivery vehicles in a satisfactory manner. The finishing machine shall be equipped with a flexible spring and/or hydraulic type hitch sufficient in design and capacity to maintain contact between the rear wheels of the hauling equipment and the pusher rollers of the finishing machine while the mixture is being unloaded. Automatic screed controls shall meet the requirements of the State Department of Highways and Public Transportation Standard Specifications. The screed shall be ski controlled using a ski of not less than 18 feet in length. rte, 01269197 BITUMINOUS SURFACE COURSE 02511-3 02/01 3.2 APPLICATION OF PRIME AND TACK COATS A prime coat of asphalt shall be applied to the entire Aggregate Base surface prior to placing the surface course. A tack coat of asphalt shall be applied to all surfaces which are to receive an asphaltic concrete surface course. The tack coat shall be applied immediately prior to placing the surface course. When the mixture will adhere to the surface on which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Owner. The prime coat shall be applied at least 24 hours in advance of placing the surface course. If required, the base course shall first be brought truly to the section and grade as established and T shall be tested with a satisfactory 10 -foot straightedge. Any deviation in excess of 1/4 -inch from the straightedge or from true cross section shall be corrected by scarifying then adding or removing material, reshaping and compacting by sprinkling and rolling. No "scab" nor "featheredge" patches will be permitted. After correction of any defects in the base, it shall be cleaned of all foreign material and all dust and loose particles shall be swept from the surface with a rotary broom, or other approved method, until the surface is in a condition to receive the prime coat. When the base is in proper condition, the prime coat shall be applied with an approved distributor at a rate of 0.20 - 0.30 gallon per square yard. The tack coat shall be applied at _ a rate of approximately 0.05 - 0. 10 gallon per square yard. The asphalt shall be applied at the temperature recommended by the Asphalt Institute. Application by means of hose and spray attached to the distributor will be permitted upon approval by the Owner, in areas inaccessible to the distributor. The prime coat shall not be applied during periods of inclement weather nor on a base which contains an excess of water. No traffic shall be permitted over the freshly applied prime coat, but, when it has penetrated and/or cured sufficiently that the wheels of vehicles do not track or pick up oil from the surface, the surface course may be placed thereon. If the prime coat is damaged before placing the surface course, such damage shall be repaired as directed and the surface shall be cleaned of any dirt, dust, or other foreign material which may have accumulated thereon, immediately prior to placement of the surface course. The prime coat shall cure for not less than 24 hours after placing before any surface courses are applied to the base, or a longer period of time if the prime coat, in the opinion of the Owner, has not properly cured. Prime coats shall not be applied more than 7 days in advance of placing the surface course. Areas that have been primed longer than the time specified above prior to placing the surface course shall be reprimed at the Contractor's expense. 3.3 ASPHALTIC CONCRETE LAYING After the tack coat has been applied and the areas to be paved have been put in proper _ condition to receive the surfacing, the asphaltic concrete mixture, heated and prepared as specified, shall be hauled to the point of placement and placed on the prepared surface. The mixture shall be so spread by the finishing machine in a uniform layer, that the finished thickness, as specified, is obtained over the entire area to be surfaced, after compaction. Laying shall be by means of the mechanical finishing machine wherever this is possible. Automatic screed control will be required and shall meet the requirements of Texas Department of Highways and Public Transportation Specifications for Construction of Highways, Streets and Bridges. Each layer will be a minimum of 1" depth and a maximum of 2" depth unless shown otherwise on the plans or directed by the Owner. Hand placing will be permitted where it is impracticable to operate the finishing machine. When hand placing is used, the material shall be dumped outside the area on which it is to be spread, and the entire load shall be spread and shaped so that the specified amount is placed on the base. Compaction shall be by means of lightly oiled, hot hand tamps. All contact surfaces of gutters 01269197 BITUMINOUS SURFACE COURSE 02511-4 02/01 and structures shall be painted with a thin, uniform coating of cut-back asphalt as required for the tack coat. The mixture when placed, shall be at a temperature of between 275°F. and 350°F. and the dispatch of vehicles and placing of material, shall be done in a manner which will cause as little loss of heat as possible. 3.4 ROLLING While still hot and as soon as it will bear the weight of the roller without undue displacement or hair cracking, the surface shall be rolled to the required density by any method, type and size of equipment which will give the required density. Pavement shall be rolled in a longitudinal direction, beginning at the side, and progressing toward the crown of the pavement. Each successive trip of the roller shall overlap the previous one by one-half (1/2) of the width of the, roller wheel. Alternate trips shall be of slightly different length. The motion of the roller shall at all times be slow enough to avoid displacement of the hot mixture, and any displacement occurring shall immediately be corrected by the use of rakes and fresh mixture, if required. Rolling shall continue until the surface has been thoroughly compacted, is of a uniform texture, is true to grade and cross section, and all roller marks are eliminated. Adjacent to the gutters the surface shall be finished uniformly high so that when compacted it shall be slightly above the gutter lip. The rollers shall not be allowed to stand on pavement which has not cooled to normal atmospheric temperature. To prevent adhesion of the surfacing to the roller, the wheels shall be kept properly moistened with water but an excess of water will not be permitted. Necessary precautions shall be taken to prevent the dripping of gasoline, oil, grease or other foreign material on the pavement either when the rollers are in operation or when standing. 3.5 JOINTS Joints between successive strips and between existing and new paving shall be carefully made ,. in such a manner as to insure a thorough and continuous bond between the old and new surfaces. The roller shall pass over the unprotected end of the freshly laid mixture only when the laying of the mixture is discontinued for such a length of time as to permit the mixture to become chilled. In all cases, when the work is resumed, the material laid shall be cut back to its full depth so as to expose a fresh vertical surface, true to grade, cross section and properly compacted. All such surfaces, as well as the edge of a strip against which another strip is to be placed, shall be painted with tack coat prior to placement of fresh material against it. Joints with existing surfacing shall be constructed substantially as specified above in a manner which will produce a smooth continuous surface between the old and new sections. 3.6 THICKNESS TEST Thickness tests shall be done by lot with a lot being the amount of surface laid in one day. No lot shall exceed 10,000 square yards. If a day's laying exceeds 10,000 square yards, that day's laying shall be divided into two approximately equal lots. Thickness tests will be made by the Owner for total depth of the completed asphaltic concrete pavement. Test specimens shall be 6 -inch nominal core with a minimum diameter of 5-5/8" and shall be taken from the asphaltic concrete course at locations designated by the Owner. For testing each lot shall be divided into four sublots of approximately equal size. The Owner will locate one test location for each 1,000 square yards and/or fraction thereof in each sublot using random numbers in accordance with SDHPT Test Method Tex -225-F. If the test location falls within one foot of a longitudinal joint or lip of a gutter or within two feet of an unsupported edge or within 15 feet of the beginning or ending edge of a pass, the Owner will relocate the test location using random numbers. Each specimen will be removed from the 01269197 BITUMINOUS SURFACE COURSE 02511-5 02/01 designated test location, marked and the pavement marked adjacent to the test location for future reference. The specimen will be measured for conformance with the specifications. If a lot contains less than 2,000 square yards, the Owner may, at his option, divide the lot into two (2) equal sublots and proceed as above. The minimum number of tests for any lot shall be two (2). The thickness of a specimen shall be determined by averaging four (4) measurements obtained from opposite locations. Acceptability will be based on the mean of the thickness of each core in the lot. For determining the average specimen thickness, those specimens in excess of design thickness shall be considered at design thickness. The Contractor shall produce a pavement with the minimum thickness indicated. Should the mean of the core tests for a lot indicate a variance in thickness under the plan requirements, the lot shall be accepted at a reduced contract unit price as follows: Variance % of Contract Unit Inches Price to be Paid 0- 1/8 100 9/64-1/4 95 17/64-3/8 75 Over 3/8 0 If the thickness of the asphaltic concrete proves to be less than required, the Contractor may replace or overlay the deficient areas as agreed by the Owner. Overlays will be a thickness not less than 1 inch. Overlays will require the milling of asphalt adjacent to concrete curb and gutter to maintain the transverse profile. 3.7 COMPACTION TESTS Compaction tests will be made on the asphaltic surfacing on a lot basis using the cores obtained for thickness determination. The percent density for acceptance of a lot will be calculated using maximum theoretical specific gravity of the mixture. Asphaltic surfacing not meeting this specifications shall be paid for at a reduced contract unit price as follows: Average Percent Percent of Contract Density of a Lot Unit Price To Be Paid 97.1 and Greater 0 92.0-97.0 100 91.0-91.9 90 90.0-90.9 75 Less than 90 Reject 3.8 SURFACE TESTS The surface of the pavement after compaction, shall be true to the grades and cross sections as established. The Contractor shall provide a ten (10) foot straightedge. The maximum ordinate measured from the face of the straightedge shall not exceed one-eighth (1/8) inch at any point. Any humps or depressions exceeding the specified tolerance or which retain water on the surface, shall be corrected by removing the defective work, replacing with new material and recompacting or milling the surface which will not reduce the thickness of the asphaltic concrete surfacing below the minimums indicated, as directed by the Owner, all at the expense of the Contractor. 01269197 BITUMINOUS SURFACE COURSE 02511-6 02/01 3.9 CLEANUP After completion of placement of the wearing course, all debris resulting from the construction shall be cleaned up and removed from the site of the work. Areas, which have been disturbed during the construction, shall be raked or graded as required and left in a clean and neat condition. Gutters shall be cleaned of all dirt, aggregate, or other material which would clog the gutter. The entire premises of the work shall be left in a clean condition satisfactory to the Owner, and all costs of cleanup shall be borne by the Contractor. END OF SECTION 01269197 02/01 BITUMINOUS SURFACE COURSE 02511-7 SECTION 02512 AGGREGATE BASE COURSE (SUBBALLAST) PART 1 - GENERAL 1.1 DESCRIPTION This item shall consist of a base course composed of crushed or uncrushed aggregates constructed on the prepared underlying course in accordance with these specifications and shall conform to the dimensions and typical cross sections shown on the plans and with the lines and grades established by the Owner. PART 2 - PRODUCTS 2.1 MATERIALS A. Aureg_ate The aggregate shall be either crushed or uncrushed stone or gravel. The fine aggregate shall be screenings obtained from crushed stone or gravel. The gravel shall consist of hard durable stones, rocks and boulders of specified sizes and shall be free from excess flat, elongated, soft or disintegrated pieces, dirt or other objectionable matter. The method used in production of gravel shall be such that the finished product shall be as uniform as practicable. The aggregate shall have a percent of wear not more than 45 at 500 revolutions, as determined by ASTM C 131. The aggregate shall not show evidence of disintegration nor show a total loss greater than 12% when subjected to 5 cycles of the sodium sulphate accelerated soundness test using ASTM C88. The aggregate shall meet the requirements of Table 1 when tested in accordance with ASTM C 136 and C 117. TABLE 1. - REQUIREMENTS FOR GRADATION OF AGGREGATE Percentage By Weight Sieve Size Retained 1 3/4 -Inch 0 7/8 -Inch 10-35 3/8 -Inch 30-50 No. 4 45-65 No. 40 70-85 Max increase in passing No. 40, 20% 01269197 AGGREGATE BASE COURSE (SUBBALLAST) 02512-1 02/01 The gradations in the table represent the limits which shall determine suitability of aggregate for use from the sources of supply. The final gradations decided on within the limits designated in the table shall be well graded from coarse to fine and shall not vary from the low limit on one sieve to the high limit on the adjacent sieves or vice -� versa. The amount of the fraction of material passing the No. 200 mesh sieve shall not exceed one half the fraction passing the No. 40 mesh sieve. The portion of the base aggregate, including any blended material, passing the No. 40 mesh sieve shall have a liquid limit of not more than 35 and a plasticity index" -of not - more than 10 when tested in accordance with ASTM D4318. The maximum allowable wet ball mill loss shall be 40. PART 3 - EXECUTION 3.1 CONSTRUCTION METHODS A. Operation at Sources of Supply All work involved in clearing and stripping of quarries and pits, including the handling of unsuitable material, shall be performed by the Contractor at his own expense. The base material shall be obtained from approved sources. The material shall be handled in a manner that shall secure a uniform and satisfactory product. B. Equipment All equipment necessary for the proper construction of this work shall be on the project, in first-class working condition, and approved by the Owner before construction is permitted to start. C. PreparingUnderlying Course The underlying course shall be checked and accepted by the Owner before placing and spreading operations are started. Any ruts or soft, yielding places caused by improper drainage conditions, hauling, or any other cause, shall be corrected and rolled to the required compaction before the base course is placed thereon. Material shall not be placed on frozen subgrade. Grade control between the edges of the pavement shall be accomplished by grade stakes, steel pins or forms placed in lanes parallel to the centerline of the pavement and at intervals sufficiently close that string lines or check boards may be placed between the stakes, pins or forms. To protect the underlying course and to insure proper drainage, the spreading of the base shall begin along the centerline of the pavement on a crowned section or on the high side of the pavement with a one-way slope. D. Mixing The aggregate shall be uniformly blended during crushing operations or mixed in a plant. The plant shall blend and mix the materials to meet the specifications and to secure the proper moisture for compaction. E. Placing The aggregate base material shall be placed on the moistened subgrade in layers of uniform thickness. 01269197 AGGREGATE BASE COURSE (SUBBALLAST) 02512-2 02/01 The maximum depth of a compacted layer shall be 6 inches. If the total depth of the compacted material is more than 6 inches, it shall be constructed in two or more layers. In multi -layer construction the base course shall be placed in approximately equal -depth layers. The previously constructed layer should be cleaned of loose and foreign material prior to placing the next layer. The surface of the compacted material shall be kept moist until covered with the next layer. F. Compaction Immediately upon completion of the spreading operations, the crushed aggregate shall be thoroughly compacted. The number, type and weight of rollers shall be sufficient to compact the material to the required density. The moisture content of the material during placing operations shall not be below, nor more than 1'/z percentage points above, the optimum moisture content as determined by ASTM D1557. Rolling shall continue until the base material has been compacted to not less than the percentage of maximum density shown on the plans, as determined by ASTM D1557. In areas inaccessible to rollers, the base course material shall be tamped thoroughly with mechanical tampers. G. Surface Test After the course has been completely compacted, the surface shall be tested for smoothness and accuracy of grade and crown. Any portion lacking the required smoothness or failing in accuracy of grade or crown shall be scarified, reshaped, recompacted and otherwise manipulated until the required smoothness and accuracy are obtained. The finished surface shall not vary more than 3/8 inch from a 16 -foot straightedge when applied to the surface parallel with, and at right angles to, the centerline. Any deviation in excess of this amount shall be corrected by the Contractor at his expense. H. Thickness The thickness of the base course in areas of new base or removed and replaced base shall be determined by depth tests or cores taken at intervals in such a manner that each test shall represent no more than 300 square yards. When the base deficiency is more than '/a inch, the Contractor shall correct such areas by scarifying, adding satisfactory base mixture, rolling, sprinkling, reshaping and finishing in accordance with these specifications. The Contractor shall replace, at his expense, the base material where borings have been taken for test purposes. I. Protection Work on the base course shall not be allowed during freezing temperatures nor when the subgrade is wet. When the aggregates contain frozen materials or when the underlying course is frozen, the construction shall be stopped. Hauling equipment may be routed over completed portions of the base course, provided no damage results and provided such equipment is routed over the full width of the base course to avoid rutting or uneven compaction. Any damage resulting to the base course from routing equipment over the base course shall be repaired by the Contractor at his own expense. 01269197 AGGREGATE BASE COURSE (SUBBALLAST) 02512-3 02/01 J. Maintenance Following the completion of the base course, the Contractor shall perform all maintenance work necessary to keep the base course in a condition satisfactory for priming. After priming the surface shall be kept clean and free from foreign material. The base course shall be properly drained at all times. If cleaning is necessary or if the prime coat becomes disturbed, any work or restitution necessary shall be performed at the expense of the Contractor. END OF SECTION 01269197 AGGREGATE BASE COURSE (SUBBALLAST) 02512-4 02/01 '- SECTION 02513 PAVEMENT MARKINGS PART 1 - GENERAL 1.1 DESCRIPTION This item shall consist of the painting of markings and stripes on the surface of pavements applied in accordance with these specifications and at the locations shown on the plans, or as directed by the Owner. PART 2 - PRODUCTS 2.1 MATERIALS A. Paint shall meet the requirements of the following specifications: Federal Test Method Standard No. 141, Methods 4121, 4184, 4281, 6121 Fed. Spec. TT -P -85b Fed. Spec. TT -P -115A Fed. Spec. TT -14-16, Methods 408.1, 409.1, 409.2 ASTM Designation D771 -5S PART 3 - EXECUTION 3.1 CONSTRUCTION METHODS A. Weather Limitations The painting shall be performed only when the surface is dry, when the atmospheric temperature is above 45°F (7°C), and when the weather is not foggy or windy. B. Equipment All equipment for the work shall be approved by the Owner and shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, and such auxiliary hand -painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an atomizing spray -type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall be designed so as to apply markings of uniform cross sections and clear-cut edges without running or spattering. C. Preparation of Surface Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance or other foreign material which would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, laitance and loose materials. 01269197 PAVEMENT MARKINGS 02513-1 02/01 Paint shall not be applied to portland cement concrete pavement until the concrete in the areas to be painted is clean of curing material. Sandblasting or high pressure water shall be used to remove curing material from concrete surfaces. D. Layout of Markings On those sections of pavement where no previously applied markings are available to serve as a guide, the proposed markings shall be laid out in advance of the paint application. E. Application Markings shall be applied at the locations and to the dimensions and spacing shown on the plans. Paint shall not be applied until the layout and condition of the surface have been approved by the Owner. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate of 100 to 110 square feet (9 to 10 square meters) per gallon (liter). The addition of thinner will not be permitted. A period of 15 days shall elapse between placement of a bituminous surface course or seal coat and application of the paint. The edges of the markings shall not vary from a straight line more than 1/2 inch (12mm) in 50 feet (15 m), and the dimensions shall be within a tolerance of plus or minus 5 percent. Glass spheres shall be distributed to the surface of the marked areas immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable for dispensing glass spheres. The spheres shall be applied at the rate of 10 pounds per gallon (1.2 kg per liter) of paint. The Contractor shall furnish certified test reports for the materials shipped to the project. The reports shall not be interpreted as a basis for final acceptance. The Contractor shall notify the Owner upon arrival of a shipment of paint to the job site. All emptied containers shall be returned to the paint storage area for checking by the Architect/Engineer. The containers shall not be removed from the site or destroyed until authorized by the Engineer. F. Protection After application of the paint all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage or drippings of paint. END OF SECTION 01269197 PAVEMENT MARKINGS 02513-2 02/01 rw SECTION 02609 PIPE CULVERTS PART 1 GENERAL 1.1 SECTION INCLUDES A. Aluminized steel Type 2 pipe culvert, joints and accessories. B. Precast Reinforced Concrete box culverts. C. Excavation, bedding, and installation. Tapered ends and headwalls. 1.2 RELATED SECTIONS A. Section 01025 - Measurement and Payment: Pipe culverts and headwalls for pipe culverts. B. Section 02220 - Excavation, Grading and Subgrade Preparation. C. 03300 - Cast -in -Place Concrete: Concrete headwalls. 1.3 REFERENCES A. ASTM A760 - Corrugated steel pipe, metalic coated for Sewers and Drains. B. AASHTO M274 - Steel Sheet -Coated (Type 2) for Corrugated Steel Pipe. C. ASTM A798 - Standard Practice for Installing Factory -made Corrugated Steel Pipe for Sewers and other Applications. D. ASTM D698 - Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures, Using 5.5 lb Rammer and 12 inch Drop. E. ASTM C850-79 - Precast reinforced Concrete Box Sections for culverts, storm drains and sewers with less than 2 ft. of cover subject to highway loadings. F. ASTM D2922 - Test Methods for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth). G. ASTM D3017 Test Methods for Moisture Content of Soil and Soil -Aggregate Mixtures. 1.4 SUBMITTALS FOR REVIEW A. Section 01300 - Submittals Procedures for submittals. B. Product Data: Provide data on pipe, fittings and accessories. 1.5 SUBMITTALS FOR INFORMATION A. Section 01300 - Submittals: Procedures for submittals. B. Manufacturer's Installation Instructions: Indicate special procedures required to install Products specified. 1.6 SUBMITTALS AT PROJECT CLOSEOUT A. Section 01700 - Contract Closeout. 01269197 PIPE CULVERTS 02609-1 02/01 PART 2 PRODUCTS 2.1 STEEL CULVERT PIPE A. Pipe: 1. All of the ALUMINIZED STEEL Type 2 material used in the pipe shall be manufactured to conform to the current ASTM A760 specification. 2. The round pipe shall have a smooth interior with a Mannings roughness coefficient (n.) of 0.013 or less. The pipe shall be of the diameter and gage as specified on the plans. B. Material: The pipe shall be formed from an ALUMINIZED STEEL Type 2 coil and conform to the current (AASHTO M274) material specification. C. Tapered Ends: Same material as pipe, machine cut, for joining to pipe end. D. Coupling Bands: Galvanized steel, 0.052 inches thick; connected with two neoprene "O" ring gaskets and bolted with galvanized steel bolts to manufacturer's specifications. `- 2.2 CONCRETE BOX CULVERTS A. Pipe: All of the concrete box culverts shall be manufactured to conform to the current ASTM C850-79 specification. B. Headwalls: Headwalls shall be tapered and constructed of reinforced concrete. 2.3 BEDDING AND COVER MATERIALS A. Bedding: Native material meeting the requirements of ASTM A798, "non -erodible" backfill. 2.4 ACCESSORIES A. End of Concrete Culvert Headwalls as shown in the plans. Concrete as specified in Section 03300 and reinforcement as shown in Section 03200. PART 3 EXECUTION 3.1 EXCAVATION A. The Contractor shall excavate and install the culvert to the depth shown on the plans. B. All topsoil will be salvaged and placed on one side of the trench. All other excavation will be placed on the other side of the trench to keep topsoil and backfill material separate. C. Where rock, or soil containing rocks or gravel, hard pan or other unyielding foundation material is encountered in trench excavation, the unyielding material shall be excavated _... below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 inches or '/2 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than three-fourths the nominal diameter of the pipe. The pipe bedding material shall be native material that does not contain and rock retained on a 3 -inch ring, frozen lumps, chunks of highly plastic clay, organic matter, corrosive material or other deleterious material or approved equal. The cost of furnishing and placing the bedding material shall 01269197 PIPE CULVERTS 02609-2 02/01 9d be included in the bid price per linear foot of pipe in place. The bottom of the trench shall be excavated to a horizontal section as far as practicable. D. Excavated material not required for backfill shall be disposed of by the Contractor at an off site location. Excavation shall not be carried below the required depth; but when it is, the trench shall be backfilled at the Contractor's expense with material approved by the Owner and compacted to the density of the surrounding earth material. E. When directed, unstable soil shall be removed for the full width of the trench and replaced with sand or with approved granular material. The Owner shall determine the depth of removal of unstable soil and the amount of backfill necessary. The backfill shall be compacted and shaped to a firm but slightly yielding condition to form the bed for the pipe. F. Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so directed by the Owner. G. The minimum width of the trench at the top of the pipe, when placed, shall be a width which will permit the proper construction of joints and compaction of backfill around the pipe. The sides of the trench shall be vertical, unless otherwise approved by the Owner. The maximum allowable width of the trench shall not exceed 12 inches on each side of the pipe when placed, unless otherwise approved by the Owner. H. The bed for the pipe shall be so shaped that at least the lower quarter of the pipe circumference shall be in continuous contact with the bottom of the trench. I. The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and protect the excavation as required for safety and conformance to governing laws. The bracing, sheathing or shoring shall not be removed in one operation, but shall be done in successive stages as determined by the Owner to prevent overloading the pipe during backfilling operations. The cost of the bracing, sheathing or shoring, and the removal of same shall be included in the unit price bid per foot for the pipe. 3.2 LAYING AND INSTALLING PIPE /19 B. C. D. E. F. The Contractor shall provide the necessary mason's lines and supports to insure installation of the pipe to line and grade as shown on the drawings. The Contractor's facilities for lowering the pipe into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed. The Owner shall inspect all pipe before it is laid, and reject any section that is damaged by handling or is defective to a degree which will materially effect the function and service of the pipe. The laying of the pipe in the finished trench shall be started at the lowest point and laid upgrade. When tongue and groove pipe is used, the grooved end shall be laid upgrade. The pipe shall be firmly and accurately set to line and grade so that invert will be smooth and uniform. The pipe shall be protected from water during placing and until the mortar in the joints has thoroughly set. Pipe shall not be laid on frozen ground. Pipe which is not true in alignment, or which shows any settlement after laying shall be taken up and relaid without extra compensation. However, under the railroad due to settlement of culvert pipes, cambering longitudinally is recommended to improve the flow line profile after settlement. This is accomplished by laying the upstream half of the pipe on a flatter grade than the downstream half. Riveted pipe shall be placed with the inside circumferential laps pointing downstream and with the longitudinal laps at the side. Pipes 01269197 PIPE CULVERTS 02609-3 02/01 shall be installed with a camber suitable to the height of the cover over the pipe and bearing capacity of the supporting soil. G. Install fabricated tapered ends as provided by the manufacturers and construct sloping reinforced concrete headwall as shown in the plans. 3.3 PIPE JOINTS A. Transverse field joins using bands provided by the pipe manufacturer shall be of such design that the successive connection of pipe sections will form a continuous line free from appreciable irregularities in the flow line. 3.4 BACKFILL A. As soon as practicable after laying and jointing of the pipe, the completion of bedding, and the completion of structures, the trench shall be backfilled in accordance with ASTM A 798 and/or with the trench backfill detail in the plans. B. Install native backfill at sides and over top of pipe. Provide top cover to minimum compacted thickness of 24 -inches. C. The material shall be thoroughly consolidated and shovel sliced to eliminate voids near the pipe. 3.5 CLEANING AND RESTORATION OF SITE A. After the backfill is completed, the Contractor shall dispose of all surplus material, dirt and rubbish from the site. Surplus dirt may be deposited in shoulders or as ordered by the Owner. B. After all work is completed, the Contractor shall remove all tools and other equipment, leaving the entire site free, clear and in good condition. C. Performance of the cleaning and restoration work described herein is not payable directly but shall be considered as a subsidiary obligation of the Contractor covered under the contract unit price for the pipe 3.6 PIPE ENDS A. Install prefabricated machine cut, tapered ends as supplied by the manufacturer and construct sloping reinforced concrete headwalls as shown in the plans. 3.7 ERECTION TOLERANCES A. Lay pipe to alignment and slope gradients noted on [layout] drawings; with maximum variation from true slope of 1/2 -inch. B. Maximum Offset of Pipe From True Alignment: 6 inches. C. Maximum Variation in Profile of Structure From Intended Position: 0.2 percent. 3.8 FIELD QUALITY CONTROL A. Section 01400 - Quality Control: Field inspection and testing. B. Request inspection prior to and immediately after placing cover over pipe. 01269197 PIPE CULVERTS 02609-4 02/01 C. Compaction testing will be performed in accordance with ASTM D698. D. If tests indicate Work does not meet specified requirements, remove Work, replace and retest. E. Frequency of Tests: Two densities per single barrel culvert, four densities per double barrel culvert. 3.9 PROTECTION A. Protect pipe and bedding from damage or displacement until backfilling operation is in progress. 3.10 SCHEDULE A. Culverts Within Site Area: Corrugated steel; sizes noted on drawings, sloping reinforced concrete headways at pipe ends. END OF SECTION 01269197 PIPE CULVERTS 02/01 02609-5 SECTION 02667 CONCRETE INLET STRUCTURES PART 1 - GENERAL 1.1 DESCRIPTION This item shall consist of reinforced concrete inlets and miscellaneous drainage structures constructed in accordance with these specifications, at the specified locations and conforming to the lines, grades and dimensions shown on the plans or required by the Owner. Structures may be cast -in-place or precast concrete. PART 2 - PRODUCTS 2.1 MATERIALS A. Concrete Plain and reinforced concrete used in structures, connections of pipes with structures and the support structures or frames shall conform to the requirements of Section 03300, CAST -IN-PLACE of these specifications. B. Framing, Covers and Grates The castings shall be gray iron and shall meet the requirements of ASTM A48. All castings shall conform to the dimensions shown on the plans and shall be designed to support highway traffic or wheel loads of 16,000 pounds, AASHTO HS -20 loading. The Contractor shall supply certification from the castings manufacturer that the castings provided will meet the loading and material requirements. Each frame and cover or grate unit shall be provided with fastening members to prevent it from being dislodged by traffic but which will allow easy removal for access to the structure. All castings shall be thoroughly cleaned and given two coats of approved bituminous paint. C. Precast Reinforced Concrete Inlet Precast reinforced concrete curb inlets shall conform to the dimensions shown on the plans and shall be designed to support highway traffic or wheel loads of 16,000 pounds, AASHTO HS -20 loading. The Contractor shall supply certification from the manufacturer that the curb inlets provided will meet the loading and material requirements. - PART 3 - EXECUTION 3.1 CONSTRUCTION METHODS k..A A. Unclassified Excavation All material excavated shall be defined as unclassified and shall include all excavation performed under this item regardless of the material encountered. The Contractor shall do all excavation for structures and structure footings to the lines and grades or elevations shown on the plans or as directed by the Owner. The excavation shall 01269197 CONCRETE INLET STRUCTURES 02667-1 02101 be of sufficient size to permit the placing of the full width and length of the structure or structure footings shown. The elevations of the bottoms of footings as shown on the plans shall be considered as approximate only, and the Owner may order in writing changes in dimensions or elevations of footings necessary to secure a satisfactory foundation. Boulders, logs or any other objectionable material encountered in excavation shall be removed. All rock or other hard foundation material shall be cleaned of all loose material and cut to a firm surface either level, stepped, or serrated, as directed by the Owner. All seams or crevices shall be cleaned out and grouted. All loose and disintegrated rock and thin strata shall be removed. When concrete is to rest on a surface other than rock, special care shall be taken not to disturb the bottom of the excavation, and excavation to final grade shall not be made until just before the concrete or reinforcing is to be placed. The Contractor shall do all bracing, sheathing or shoring necessary to implement and protect the excavation and the structure as required for safety or conformance to governing laws. The cost of bracing, sheathing or shoring shall be included in the unit price bid for the structure. Unless otherwise provided, bracing, sheathing or shoring involved in the construction of this item shall be removed by the Contractor after the completion of the structure. Removal shall be effected in a manner which will not disturb or mar finished masonry. The cost of removal shall be included in the unit price bid for the structure. After each excavation is completed, the Contractor shall notify the Owner to that effect; and concrete or reinforcing steel shall be placed after the Owner has approved the depth of the excavation and the character of the foundation material. B. Concrete Structures Concrete structures shall be built on prepared foundations, conforming to the dimensions and form indicated on the plans. The construction shall conform to the requirements specified in the Structural Portland Cement Concrete section of these specifications. Any reinforcement required shall be placed as indicated on the plans and shall be approved by the Owner before the concrete is placed. All invert channels shall be constructed and shaped accurately so as to be smooth, uniform and cause minimum resistance to flowing water. The interior bottom shall be sloped downward toward the outlet. C. Inlet and Outlet Pines Inlet and outlet pipes shall extend through the walls of the structures for a sufficient distance beyond the outside surface to allow for connections but shall be cut off flush with the wall on the inside surface, unless otherwise directed. For concrete structures the mortar shall be placed around these pipes so as to form a tight, neat connection. D. Placement and Treatment of Castings, Frames and Fittings All castings, frames and fittings shall be placed in the positions indicated on the plans or as directed by the Owner, and shall be set true to line and to correct elevation. If frames or fittings are to be set in concrete or cement mortar, all anchors or bolts shall be in place and position before the concrete or mortar is placed. The unit shall not be disturbed until the mortar or concrete has set. After the frames or fittings have been set in final position and the concrete or mortar has been allowed to cure for 7 days, the grates or covers shall be placed and fastened down. E. Backfilling After a structure has been completed, the area around it shall be filled with approved material in horizontal layers not to exceed 8 inches in loose depth, and compacted to 90 % 01269197 CONCRETE INLET STRUCTURES 02667-2 02/01 density, as determined by ASTM D1557. Each layer shall be deposited all around the structure to approximately the same elevation. The top of the fill shall meet the elevation shown on the plans or as directed by the Engineer. Backfilling shall not be placed against any structure until permission is given by the Owner. In the case of concrete, such permission shall not be given until the concrete has been in place 7 days, or until tests made by the laboratory under supervision of the Owner establish that the concrete has attained sufficient strength to provide a factor of safety against damage or strain in withstanding any pressure created by the backfill or the methods used in placing it. Backfill shall not be measured for direct payment. Performance of this work shall be considered as a subsidiary obligation of the Contractor covered under the contract unit price for the structure involved. F. Cleaning and Restoration of Site After the backfill is completed the Contractor shall dispose of all surplus material, dirt and rubbish from the site. Surplus dirt may be deposited in embankments, shoulders or as ordered by the Owner. The Contractor shall restore all disturbed areas to their original condition. After all work is completed the Contractor shall remove all tools and equipment leaving the entire site free, clear and in good condition. END OF SECTION 01269197 CONCRETE INLET STRUCTURES 02667-3 02/01 SECTION 02830 CHAIN LINK FENCES AND GATES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Chain link fencing and accessories. 2. Fence gates and related hardware. 1.2 REFERENCES A. ASTM A 90-81(91) -- Standard Test Method for Weight of Coating on Zinc -Coated (Galvanized) Iron or Steel Articles; 1981 (Reapproved 1991). B. ASTM A 392-91b -- Standard Specification for Zinc -Coated Steel Chain -Link Fence Fabric; 1991. C. ASTM F 567-93 -- Standard Practice for Installation of Chain -Link Fence; 1993. D. ASTM F 669-92 -- Standard Specification for Strength Requirements of Metal Posts and Rails for Industrial Chain Link Fence; 1992. E. ASTM F 900-94 -- Standard Specification for Industrial and Commercial Swing Gates; 1994. 1.3 SUBMITTALS A. Product Data: 1. Manufacturer's catalog cuts. Indicate post sizes and thicknesses, protective coatings, fabric characteristics, and accessories. 2. Manufacturer's technical data, catalog cuts, specifications. B. Shop Drawings: 1. Showing location of fences, gates, posts and details of installation of hardware and accessories. 1.4 CONTRACT CLOSEOUT SUBMITTALS A. Gates and Operators: 1. Complete and detailed operations and maintenance data for each component, including diagrams and part numbers for ordering spare or repair parts. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Products of the following manufacturers, provided they comply with requirements of the contract documents, will be among those considered acceptable: 1. Galvanized steel fencing: a. Allied Tube and Conduit. b. American Security Fence Corporation. 01269197 02/01 CHAIN LINK FENCES AND GATES 02830-1 C. Anchor Fence, Inc. d. Boundary Fence & Railing Systems, Inc. e. Any other approved "as equal". 2.2 FENCING ACCESSORIES A. Material and finish of accessories shall match fence fabric, except as noted. 2.3 FENCE A. Fence Configuration: 1. Fence shall be constructed with: a. Barbed wire top, 3 strands, inclined arm. b. Top rail. C. Brace rails at each terminal post. d. Bottom tension wire. B. Fabric: 1. Material: Zinc -coated steel, ASTM A 392. 2. Zinc coating weight: 1.2 ounces per square foot. 3. Wire diameter: 0.148 inch (9 gage). 4. Mesh size: 2 inches. 5. Fabric width: 72 inches. C. Fence Framework: 1. Zinc coating of steel pipe (ASTM A 90): a. Interior and exterior coating: Hot -dip zinc -coated; weight of coating, 1.8 ounces per square foot of coated area, average. 2. Zinc coating of steel shapes (ASTM A 90): a. Hot -dip zinc -coated; weight of coating, 1.8 ounces per square foot. 3. Material: Except where specific requirements are indicated on the drawings, the contractor may select any framework material listed below. 4. Material: Conform to ASTM F 669, Light Industrial category. a. Group IA: Steel pipe. ~^ 1. Rail size: 1.660 inches outside diameter by 0.112 inch wall thickness, 1.82 pounds per foot. 2. Line post size: 2.375 inches outside diameter by 0.123 inch wall thickness, -- 2.96 pounds per foot. 3. Terminal post size: 2.875 inches outside diameter by 0.162 inch wall thickness, 4.69 pounds per foot. b. Group I -C: Steel pipe, commercial standard, yield strength 50,000 psi. 1. Rail size: 1.660 inches outside diameter by 0.083 inch wall thickness, 1.40 pounds per foot. 2. Line post size: 2.375 inches outside diameter by 0.095 inch wall thickness, 2.31 pounds per foot. 3. Terminal post size: 2.875 inches outside diameter by 0.110 inch wall thickness, 3.25 pounds per foot. C. Group II: Roll -formed steel sections, commercial standard, yield strength 50,000 psi (see ASTM F 669). D. Gate Type 1 — Single Cantilever Sliding Gate 1. The Type 1- Single Cantilever Sliding gates shall include the following operational items and appurtenances: a. Cantilever slide gate. 01269197 CHAIN LINK FENCES AND GATES 02830-2 02/01 b. Signage. C. All rails, truck assemblies, wheels, etc. for a complete installation. d. Operator including all required electrical components. 2. Sliding Gates Type 1 gates are single slide gates and shall be of the cantilever design. The structure shall be a cantilever system fabricated in sections or in single units depending on size constraints, then shop or field assembled to make a complete gate assembly. All gate fittings, other than the trucks, shall be galvanized steel Fabric and barbed wire, matching the line fence, shall fill the entire gate frame and shall be securely stretched and held by hook bolts and tension rods on sides of the gate frame. The gate shall be completed by installation of an approved chain-link fabric as specified, and tied securely to the gate frame vertical with aluminum tie wires. The gate and installation shall conform to ASTM F-1184, Type II, Class 2 standards for aluminum cantilever slide gates. Gates shall be Fortress, Cantilever Slide Gates as manufactured by Tymetal Corporation, Inc. (Rudy Houseman - (888) 978-4283) or approved equal. 3. Cantilever Slide Gates The gate frame shall be fabricated from 6063-T6 aluminum alloy extrusions. The top member being a 3" x 5" aluminum structural tube channel/tube extrusion weighing not less than 3.93 lbs/If. The bottom member being a 2" x 5" aluminum structural tube weighing not less than 2.0 lbs/If. The top and bottom members are joining by welding 2" x 2" aluminum alloy tubing weighing 1.1 lbs/lf to the top and bottom members. The spacing for the 2" x 2" tubing shall be no greater than the height of the gate with a 1" x 2" weighing .83 lbs/lf equally bisecting the distance between the 2" x 2" = s. The gate frame shall have a separate semi -enclosed track of extruded aluminum alloy, which when shop or field riveted to the assembled gate frame, becomes an integral part of and forms a composite structure with, the top of the gate frame. Rivets shall be internal Aexploding@ type, of totally rust -proof material, and shall be placed alternately along the top and side of the track at 1'0" centers. 4. Trucks The 16 - 25 foot gate frames are to be supported from the track by two self -aligning, 4 - wheel, sealed lubricant, ball-bearing truck assemblies. The bottom of the support posts shall be equipped with two pair of rubber guide wheels. 5. Cross Bracing The gate shall include cross bracing of 3/16" stainless steel aircraft cable throughout the opening portion of the gate to provide a ready means for vertical adjustment. 6. Bottom Guides Bottom guides shall be provided for each side of the gate frame and shall be located at the bottom of the gate at each support post. 7. Support Posts Support posts shall be 4" O.D. galvanized steel, weighing 9.1 lbs./ft. Concrete footings shall be as indicated on the plans. It is the responsibility of the Contractor and gate manufacturer to provide a gate and installation which will provide long life, ease of operation and a structure that can withstand sustained wind of 70 mph. 8. Signs Reflectorized barrier signs shall be fabricated in accordance with Item 636 (Aluminum Signs) as specified in the Texas State Department of Highways and Public Transportation 01269197 CHAIN LINK FENCES AND GATES 02830-3 02/01 Standard Specifications for Construction of Highways, Streets and Bridges. Signs shall be sized and marked as shown on the plans, and shall be furnished and installed on the gates or at other locations as directed by the Engineer. The signs shall be attached and positioned on the gates as shown on the drawings, or as directed by the Engineer. The signs shall be securely bolted in a horizontal position to the chain link fabric, or fence cross members, as shown on the drawings. Bolts shall be spaced at not more than 24 inches at the top and bottom of each sign. Fender washers or other approved attachment hardware shall conform to SDHPT Spec D-9-7120. Signs which are oriented back to back at a given gate may be bolted together if applicable. However, such back to back arrangements shall not situate any part of either sign face behind the gate framing members. The reflectorized barrier signs shall be positioned with the center of the sign at mid -height of the fabric unless used in combination with other signs. When used in combinations, the entire sign combination shall be centered on the gate. Each reflectorized barrier sign installed and accepted under this section of the specifications will be considered subsidiary to the gate to which it is attached. PART 3 - EXECUTION 3.1 POST INSTALLATION A. Layout: 1. Space line posts at equidistant intervals not exceeding 10 feet on center measured parallel to grade. 2. Locate terminal posts at the beginning and end of each continuous length of fence, at abrupt changes in line or grade, additionally at intervals not to exceed 500 feet, and as otherwise shown on the drawings. 3. Install posts plumb and in proper alignment. 3.2 FENCE INSTALLATION A. Install posts, braces, fabric, and other components in accordance with manufacturer's recommendations and to meet or exceed requirements of ASTM F 567. 3.3 GATE INSTALLATION A. Install gates in accordance with manufacturer's instructions, plumb, level, and secure. B. Gates shall operate freely without binding or dragging and shall be easily operable by hand. END OF SECTION 01269197 CHAIN LINK FENCES AND GATES 02830-4 02/01 SECTION 02900 SEEDING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions. 1.2 SECTION INCLUDES A. Seeding at all disturbed areas. B. Establishment of grass. C. Fertilizers. 1.3 RELATED SECTIONS A. Division 2 Section "EARTHWORK, EXCAVATION AND SUBGRADE PREPARATION" for protection of existing trees and planting, topsoil stripping and stockpiling, and site clearing, excavation, filling, rough grading, and subsurface aggregate drainage and drainage backfill, • topsoil. 1.4 SUBMITTALS A. Product certificates signed by manufacturers certifying that their products comply with specified requirements. 1. Manufacturer's certified analysis for standard products. 2. Analysis for other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. 3. Label data substantiating that plants, trees, shrubs, and planting materials comply with specified requirements. B. Certification of grass seed from seed vendor for each grass -seed mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. C. Planting schedule indicating anticipated dates and locations for each type of planting. D. Maintenance instructions recommending procedures to be established by Owner for maintenance of landscaping during an entire year. Submit before expiration of required maintenance periods. 1.5 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced Installer who has completed landscaping work similar in material, design, and extent to that indicated for this Project and with a record of successful landscape establishment. 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on the Project site during times that landscaping is in progress. B. Testing Agency Qualifications: To qualify for acceptance, an independent testing agency must demonstrate to Architect's satisfaction, based on evaluation of agency -submitted criteria 01269197 SEEDING 02900-1 02/01 conforming to ASTM E 699, that it has the experience and capability to satisfactorily conduct the testing indicated without delaying the Work. 1.6 DELIVERY, STORAGE, AND HANDLING A. Packaged Materials: Deliver packaged materials in containers showing weight, analysis, and name of manufacturer. Protect materials from deterioration during delivery and while stored at site. B. Seed: Deliver seed in original sealed, labeled, and undamaged containers. 1.7 PROJECT CONDITIONS A. Utilities: Determine location of above grade and underground utilities and perform work in a manner which will avoid damage. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned. B. Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, notify Architect before planting. 1.8 COORDINATION AND SCHEDULING A. Coordinate installation of planting materials during normal planting seasons for each type of plant material required. PART 2 - PRODUCTS 2.1 GRASS MATERIALS A. Grass Seed: Fresh, clean, dry, new -crop seed complying with the Association of Official Seed Analysts' "Rules for Testing Seeds" for purity and germination tolerances. 1. Seed Mixture: Provide seed of grass species and varieties, proportions by weight, and minimum percentages of purity, germination, and maximum percentage of weed seed as indicated on Schedules at the end of this Section. 2.2 FERTILIZER A. Commercial Fertilizer: Commercial -grade complete fertilizer of neutral character, consisting of fast- and slow-release nitrogen, 50 percent derived from natural organic sources of urea -form, phosphorous, and potassium in the following composition: 1. Composition: 300 lbs. per acre of actual nitrogen, 4 percent phosphorous, and 2 percent potassium, by weight. 2. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil -testing agency. 01269197 SEEDING 02900-2 02/01 PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to receive seed or hydromulch for compliance with requirements and for conditions affecting performance of work of this Section. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Outline areas, and secure Contracting Officer's acceptance before the start of planting work. Make minor adjustments as may be required. 3.3 PLANTING SOIL PREPARATION A. Before mixing, clean topsoil of roots, plants, sods, stones, clay lumps, and other extraneous materials harmful to plant growth. B. Mix soil amendments and fertilizers with topsoil at rates indicated. Delay mixing fertilizer if planting does not follow placing of planting soil within a few days. 1. A "Planting Soil Amendments Schedule" is included at the end of this Section. C. For grass, mix planting soil either prior to planting or apply on surface of topsoil and mix thoroughly before planting. 3.4 GRASS PLANTING PREPARATION A. Limit subgrade preparation to areas that will be planted in the immediate future. B. Loosen subgrade to a minimum depth of 4 inches. Remove stones larger than 1 1/2 inch in any dimension and sticks, roots, rubbish, and other extraneous materials. C. Grade grass areas to a smooth, even surface with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted in the immediate future. Remove trash, debris, stones larger than 1 1/2 inch in any dimension, and other objects that may interfere with planting or maintenance operations. D. Restore prepared areas if eroded or otherwise disturbed after fine grading and before planting. 3.5 SEEDING NEW GRASSED AREAS A. Plant seed with grass drill, hydromulch or other methods approved by the engineer. 1. Do not use wet seed or seed that is moldy or otherwise damaged in transit or storage. B. Rake seed lightly into top 1/4 inch of topsoil, roll lightly, and water with fine spray. ,.. 3.6 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove unsuitable soil, trash, and debris, and legally dispose of it off the Owner's ,., property. B. Grassed Areas: Provide soil amendments in not less than the following quantities: 1. Weight of commercial fertilizer per acre: 300 lbs. 01269197 SEEDING 02900-3 02/01 3.7 SEED MIXTURES SCHEDULE A. Full -Sun Mixture: Provide certified grass -seed blends or mixes, proportioned by weight, as follows: Common Name Pounds of Pure Liveseed Per Acre Scientific Name Green Sprangletop 0.7 lbs/acre Leptachloa Dubia Sideouts Grama 2.2 lbs/acre Bouteloua Curtipendula Buffalograss 6.4 lbs/acre Buchloe Dactyloides Little Bluestein 1.4 lbs/acre Schizachyrium K -R Bluestein 0.8 lbs/acre Bothriochloa Ischaemum Rye (temporary cover crop) 60 lbs/acre ------------------------------- END OF SECTION 01269197 SEEDING 02900-4 02/01 r SECTION 03100 CONCRETE FORMWORK PART 1 GENERAL 1.1 SECTION INCLUDES A. Formwork for cast -in place concrete headwalls, with shoring, bracing and anchorage. B. Form stripping. 1.2 PRODUCTS INSTALLED BUT NOT FURNISHED UNDER THIS SECTION Section 03300 - Cast -In -Place Concrete: Supply of concrete accessories for placement by this Section. 1.3 RELATED SECTIONS A. Section 01025 - Measurement and Payment: Included in other items. B. Section 03200 - Concrete Reinforcement. C. Section 03300 - Cast -in -Place Concrete. 1.4 MEASUREMENT AND PAYMENT Contractor shall include cost associated with concrete formwork in the bid price for portland cement concrete pavement or headwalls for pipe culverts. 1.5 REFERENCES A. ACI 347 - Recommended Practice For Concrete Formwork. B. PS -1 - Construction and Industrial Plywood. 1.6 DESIGN REQUIREMENTS Design, engineer and construct formwork, shoring and bracing to conform to code requirements; resultant concrete to conform to required shape, line and dimension. 1.7 SUBMITTALS Submit under provisions of Section 01300. 1.8 QUALITY ASSURANCE Perform Work in accordance with ACI 347. 1.9 DELIVERY, STORAGE, AND HANDLING Store off ground in ventilated and protected manner to prevent deterioration from moisture. 01269197 CONCRETE FORMWORK 03100-1 02/01 1. 10 COORDINATION A. Coordinate work under provisions of Section 01040. B. Coordinate this Section with other Sections of work which require attachment of components to formwork. C. If formwork is placed after reinforcement resulting in insufficient concrete cover over reinforcement, request instructions from Engineer before proceeding. PART 2 PRODUCTS 2.1 WOOD FORM MATERIALS A. Plywood: Douglas Fir species; medium density overlaid one side grade; sound undamaged sheets with clean, true edges. B. Lumber: Douglas fir species; construction grade; with grade stamp clearly visible. 2.2 FORMWORK ACCESSORIES A. Form Ties: Snap -off type, metal, fixed length, cone type, free of defects that could leave holes larger than one inch in concrete surface. B. Form Release Agent: Colorless mineral oil which will not stain concrete or absorb moisture. C. Nails, Spikes, Lag Bolts, Through Bolts, Anchorages: Sized as required, of sufficient strength and character to maintain formwork in place while placing concrete. PART 3 EXECUTION 3.1 EXAMINATION Verify lines, levels and centers before proceeding with formwork. Ensure that dimensions agree with Drawings. 3.2 EARTH FORMS A. Verify with Engineer prior to the use of earth forms in lieu of specified form material. B. Hand trim sides and bottom of earth forms. Remove loose soil prior to placing concrete. 3.3 ERECTION - FORMWORK A. Erect formwork, shoring and bracing to achieve design requirements, in accordance with requirements of ACI 301. B. Provide bracing to ensure stability of formwork. Shore or strengthen formwork subject to overstressing by construction loads. C. Arrange and assemble formwork to permit dismantling and stripping. Do not damage concrete during stripping. Permit removal of remaining principal shores. D. Align joints and make watertight. Keep form joints to a minimum. E. Obtain approval before framing openings in structural members which are not indicated on Drawings. F. Provide chamfer strips on all exposed comers. - 01269197 CONCRETE FORMWORK 03100-2 02/01 EQ 3.4 APPLICATION - FORM RELEASE AGENT A. Apply form release agent on formwork in accordance with manufacturer's recommendations. B. Apply prior to placement of reinforcing steel, anchoring devices, and embedded items. C. Do not apply form release agent where concrete surfaces will receive applied coverings which are effected by agent. Soak inside surfaces of untreated forms with clean water. Keep surfaces coated prior to placement of concrete. 3.5 INSERTS, EMBEDDED PARTS, AND OPENINGS A. Provide formed openings where required for items to be embedded in or passing through concrete work. B. Locate and set in place items which will be cast directly into concrete. C. Coordinate work of other Sections in forming and placing openings, slots, reglets, recesses, chases, sleeves, bolts, anchors, and other inserts. D. Install accessories in accordance with manufacturer's instructions, straight, level, and plumb. Ensure items are not disturbed during concrete placement. E. Provide temporary ports or openings in formwork where required to facilitate cleaning and inspection. Locate openings at bottom of forms to allow flushing water to drain. F. Close temporary openings with tight fitting panels, flush with inside face of forms, and neatly fitted so joints will not be apparent in exposed concrete surfaces. 3.6 FORM CLEANING A. Clean and remove foreign matter within forms as erection proceeds. B. Clean formed cavities of debris prior to placing concrete. C. Flush with water or use compressed air to remove remaining foreign matter. Ensure that water and debris drain to exterior through clean-out ports. D. During cold weather, remove ice and snow from within forms. Do not use de-icing salts or water to clean out forms, unless formwork and concrete construction proceed within heat enclosure. Use compressed air or other means to remove foreign matter. 3.7 FORMWORK TOLERANCES Construct formwork to maintain tolerances required by ACI 301. 3.8 FIELD QUALITY CONTROL A. Inspect erected formwork, shoring, and bracing to ensure that work is in accordance with formwork design, and that supports, fastenings, wedges, ties, and items are secure. B. Do not reuse wood formwork more than four times for concrete surfaces to be exposed to view. Do not patch formwork. 3.9 FORM REMOVAL A. Do not remove forms or bracing until concrete has gained sufficient strength to carry its own weight and imposed loads. 01269197 CONCRETE FORMWORK 03100-3 �-+ 02/01 B. Loosen forms carefully. Do not wedge pry bars, hammers, or tools against finish concrete surfaces scheduled for exposure to view. C. Store removed forms in manner that surfaces to be in contact with fresh concrete will not be damaged. Discard damaged forms. END OF SECTION 01269197 CONCRETE FORMWORK 03100-4 02/01 r SECTION 03200 CONCRETE REINFORCEMENT PART GENERAL 1.1 SECTION INCLUDES Reinforcing steel bars, wire fabric and accessories for cast -in-place concrete. 1.2 RELATED SECTIONS A. Section 01025 - Measurement and Payment: Included in other items. B. Section 03100 - Concrete Formwork. C. Section 03300 - Cast -in -Place Concrete. 1.3 MEASUREMENT AND PAYMENT Contractor shall include the cost associated with concrete reinforcement in the bid price for portland cement concrete pavement or headwalls for pipe culverts. 1.4 REFERENCES A. ACI 301 - Structural Concrete for Buildings. B. ACI 318 - Building Code Requirements For Reinforced Concrete. C. ACI SP -66 - American Concrete Institute - Detailing Manual. D. ANSI/ASTM A82 - Cold Drawn Steel Wire for Concrete Reinforcement. E. ANSI/ASTM A185 - Welded Steel Wire Fabric for Concrete Reinforcement. F. ANSI/AWS D1.4 Structural Welding Code for Reinforcing Steel. G. ANSI/AWS D12.1 - Reinforcing Steel Welding Code. H. ASTM A615 - Deformed and Plain Billet Steel Bars for Concrete Reinforcement. I. AWS D12.1 - Welding Reinforcement Steel, Metal Inserts and Connections in Reinforced Concrete Construction. J. CRSI - Concrete Reinforcing Steel Institute Manual of Practice. K. CRSI 63 - Recommended Practice For Placing Reinforcing Bars. L. CRSI 65 - Recommended Practice For Placing Bar Supports, Specifications and Nomenclature. 1.5 SUBMITTALS A. Submit under provisions of Section 01300. B. Shop Drawings: Indicate bar sizes, spacings, locations, and quantities of reinforcing steel, bending and cutting schedules, and supporting and spacing devices. C. Manufacturer's Certificate: Certify that products meet or exceed specified requirements. 1.6 QUALITY ASSURANCE Perform Work in accordance with CRSI 63, 65 and Manual of Practice, ACI 301, ACI SP -66, ACI 318. 01269197 CONCRETE REINFORCEMENT 03200-1 AM 02/01 1.7 COORDINATION Coordinate with placement of formwork, formed openings and other Work. PART 2 PRODUCTS 2.1 REINFORCEMENT A. General: Metal reinforcements shall conform to the requirements of the following: B. Bar Reinforcement 1. "Standard Specification for Deformed Billet -Steel Bars for Concrete Reinforcement," ASTM Designation A615, Grade 60. All bars shall be deformed bars unless otherwise noted. Plain bars shall conform to requirements of ASTM Designation A306, Grade 60. 2. All reinforcement shall be permanently marked with grade identification marks or shall, on delivery, be accompanied by a manufacturer's guarantee of grade and compliance with these specifications. Reinforcement stored on the site shall be protected from accumulations of grease, mud or other foreign matter and from rust producing conditions. Bars shall be free from rust, scale, oil, mud or structural defects when incorporated in the structures. C. Mesh Reinforcement Mesh reinforcing shall conform to the requirements of ASTM Designation A185. The spacing and wire gauge shall be as shown on the plans. All mesh reinforcement shall be supplied in sheets only, not rolls. 2.2 ACCESSORY MATERIALS A. Tie Wire: Minimum 16 gage annealed type. B. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for strength and support of reinforcement during concrete placement conditions. 2.3 FABRICATION A. Fabricate concrete reinforcing in accordance with CRSI Manual of Practice. B. Weld reinforcement when approved by the Engineer in accordance with ANSI/AWS D1.4. C. Locate reinforcing splices not indicated on Drawings, at point of minimum stress. Review location of any splices with Engineer. Minimum splice overlap shall not be less than 24 bar diameters. PART 3 EXECUTION 3.1 PLACEMENT A. Place, support and secure reinforcement against displacement. Do not deviate from required position. B. Accommodate placement of formed openings. C. Conform to ACI 318 for concrete cover over reinforcement. 01269197 CONCRETE REINFORCEMENT 03200-2 02/01 3.2 FIELD QUALITY CONTROL Field inspection will be performed under provisions of Section 01400. M`4 !�A 01269197 02/01 END OF SECTION CONCRETE REINFORCEMENT 03200-3 E , 3.2 FIELD QUALITY CONTROL Field inspection will be performed under provisions of Section 01400. M`4 !�A 01269197 02/01 END OF SECTION CONCRETE REINFORCEMENT 03200-3 SECTION 03300 CAST -IN-PLACE CONCRETE PART 1 - GENERAL 1.1 SUMMARY ,., A. Section Includes: 1. Formwork for cast -in-place concrete, with shoring, bracing, and anchorage. 2. Formwork accessories. 3. Form stripping. 4. Reinforcing steel for cast -in-place concrete. 5. Cast -in-place concrete, including concrete for the following: a. Foundations, footings. b. Foundation walls. 6. Concrete curing. 1.2 DEFINITIONS A. Unexposed Finish: A general -use finish, with no appearance criteria, applicable to all formed .- concrete concealed from view after completion of construction. B. Exposed Finish: A general -use finish applicable to all formed concrete exposed to view and including surfaces which may receive a paint coating (if any). 1.3 SUBMITTALS A. Product Data: Submit manufacturer's product data for the following: 1. Formwork accessories. 2. Concrete admixtures. 3. Grout. 4. Bonding compound. 5. Epoxy bonding system. B. Aggregates: Submit test reports showing compliance with specified quality and gradation. C. Shop Drawings: Submit shop drawings for fabrication and placement of the following: 1. Reinforcement: Comply with ACI SP -66. Include bar schedules, diagrams of bent bars, arrangement of concrete reinforcement, and splices. a. Show construction joints. b. Include details of reinforcement at openings through concrete structures. C. Include elevations of reinforcement in walls. d. Show stirrup spacing. D. Quality Control Submittals: Submit the following information related to quality assurance requirements specified: 1. Design data: Submit proposed mix designs and test data before concrete operations begin. Identify for each mix submitted the method by which proportions have been selected. a. For mix designs based on field experience, include individual strength test results, standard deviation, and required average compressive strength f(cr) calculations. b. For mix designs based on trial mixtures, include trial mix proportions, test results, and graphical analysis and show required average compressive strength f(cr). c. Indicate quantity of each ingredient per cubic yard of concrete. d. Indicate type and quantity of admixtures proposed or required. 01269197 CAST -IN-PLACE CONCRETE 03300-1 .f 02/01 2. Certifications: Submit affidavits from an independent testing agency certifying that all materials furnished under this section conform to specifications. 3. Certifications: Provide certification from manufacturers of concrete admixtures that chloride content complies with specified requirements. 4. Submit batch tickets complying with ASTM C 685 or delivery tickets complying with ASTM C 94, as applicable, for each load of concrete used in the work. 5. Cold weather concreting: Submit description of planned protective measures. 6. Hot weather concreting: Submit description of planned protective measures. 1.4 QUALITY ASSURANCE A. Codes and Standards: Comply with the following documents, except where requirements of the contract documents or of governing codes and governing authorities are more stringent: 1. ACI 301. 2. ACI 318. 3. CRSI Manual of Standard Practice. B. Testing Agency Services: 1. Owner will engage testing agency to conduct tests and perform other services specified for quality control during construction. C. Source of Materials: Obtain materials of each type from same source for the entire project. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver reinforcement to project site bundled and tagged with metal tags indicating bar size, lengths, and other data corresponding to information shown on placement drawings. 1. Store concrete reinforcement materials at the site to prevent damage and accumulation of dirt or rust. B. Store cementitious materials in a dry, weathertight location. Maintain accurate records of shipment and use. C. Store aggregates to permit free drainage and to avoid contamination with deleterious matter or other aggregates. When stockpiled on ground, discard bottom 6 inches of pile. D. Handle aggregates to avoid segregation. 1.6 PROJECT CONDITIONS A. Cold -Weather Concreting: Comply fully with the recommendations of ACI 306. 1. Well in advance of proposed concreting operations, advise the architect of planned protective measures including but not limited to heating of materials, heated enclosures, and insulating blankets. B. Hot -Weather Concreting: Comply fully with the recommendations of ACI 305R. 1. Well in advance of proposed concreting operations, advise the architect of planned protective measures including but not limited to cooling of materials before or during mixing, placement during evening to dawn hours, fogging during finishing and curing, shading, and windbreaks. 01269197 CAST -IN-PLACE CONCRETE 03300-2 02/01 PART 2 - PRODUCTS 2.1 FORMWORK A. Facing Materials: 1. Unexposed finish concrete: Any standard form materials that produce structurally sound concrete. 2. Exposed finish concrete: Materials selected to offer optimum smooth, stain -free final appearance and minimum number of joints. Provide materials with sufficient strength to resist hydrostatic head without bow or deflection in excess of allowable tolerances, and as follows: a. Plywood: PS -1 "B -B (Concrete Form) Plywood," Class II, Exterior Grade, mill -oiled and edge -sealed. B. Formwork Accessories: 1. Form coating: Form release agent that will not adversely affect concrete surfaces or prevent subsequent application of concrete coatings. 2. Metal ties: Commercially manufactured types; cone snap ties, taper removable bolt, or other type which will leave no metal closer than 1-1/2 inches from surface of concrete when forms are removed, leaving not more than a 1 -inch -diameter hole in concrete surface. 3. Fillets: Wood or plastic fillets for chamfered corners, in maximum lengths possible. 2.2 REINFORCING MATERIALS ,*. A. Reinforcing Bars: Provide deformed bars complying with the following, except where otherwise indicated: 1. ASTM A 615, Grade 60. B. Welded Wire Fabric: ASTM A 185, cold -drawn steel, plain. C. Reinforcing Accessories: 1. Tie wire: Black annealed type, 16-1/2 gage or heavier. 2. Supports: Bar supports conforming to specifications of CRSI "Manual of Standard Practice." a. Class 1 (plastic protected) at all formed surfaces which will be exposed to weather. b. Class 1(plastic protected) or Class 2 (stainless steel protected) at all formed surfaces which will be exposed to view but not to weather. C. Precast concrete blocks of strength equal to or greater than specified strength of concrete or Class 3 supports equipped with sand plates, where concrete will be cast against earth. Concrete masonry units will not be accepted. 2.3 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, and as follows: 1. Type I. B. Fly Ash: ASTM C 618, Type C or F. C. Water: Potable. D. Aggregates: 1. Normal weight concrete: ASTM C 33. a. Class 1M. 2. Maximum size of coarse aggregates, whichever is least: a. One-fifth narrowest dimension between sides of forms. 01269197 CAST -IN-PLACE CONCRETE 03300-3 02/01 b. Three-fourths of minimum clear distance between reinforcing bars or between bars and side of form. C. Columns and piers: Two-thirds of minimum clear distance between bars. E. Admixtures - General: Admixtures which result in more than 0.1 percent of soluble chloride ions by weight of cement are prohibited. F. Air -Entraining Admixture: ASTM C 260 and certified by manufacturer for compatibility with other mix components. G. Water -Reducing Admixture: ASTM C 494, Type A. H. Water -Reducing, Retarding Admixture: ASTM C 494, Type D. I. Water -Reducing and Accelerating Admixtures: ASTM C 494, Type E. J. High -Range Water -Reducing Admixture (Superplasticizer): ASTM C 494, Type F or G. 2.4 MISCELLANEOUS MATERIALS AND ACCESSORIES A. Nonshrink Grout: ASTM C 1107. 1. Type: Provide nonmetallic type only. B. Burlap: AASHTO M 182, Class 2 jute or kenaf cloth. C. Moisture -Retaining Cover: ASTM C 171, and as follows: 1. Curing paper. 2. Polyethylene film. 3. White burlap -polyethylene sheeting. D. Bonding Compound: Non-redispersable acrylic bonding admixture, ASTM C 1059, Type II. E. Epoxy Bonding Systems: ASTM C 881; type, grade, and class as required for project conditions. 2.5 CONCRETE MIX DESIGN A. Review: Do not begin concrete operations until proposed mix has been reviewed by the architect. B. Proportioning of Normal Weight Concrete: Comply with recommendations of ACI 211.1. C. Required Average Strength: Establish the required average strength f(cr) of the design mix on the basis of either field experience or trial mixtures as specified in ACI 301, and proportion mixes accordingly. If trial mixtures method is used, employ an independent testing agency acceptable to the architect for preparing and reporting proposed mix design. D. Specified compressive strength f'(c) at 28 days: 3000 psi. E. Fly Ash: 1. The contractor may elect to replace a portion of the portland cement with fly ash up to a maximum of 25 percent by weight of cement plus fly ash. F. Admixtures: 1. Air -entraining admixture: Use in mixes for exterior exposed concrete unless otherwise specifically indicated. Add at rate to achieve total air content in accordance with Table 1.4.3 of ACI 201.2. For concrete not exposed to exterior, add at rate to achieve total air content between 2 percent and 4 percent. a. Do not use in slabs -on -grade scheduled to receive topping, unless manufacturer of topping recommends use over air -entrained concrete. 2. Water -reducing admixture: Add as required for placement and workability. 3. Water -reducing and retarding admixture: Add as required in concrete mixes to be placed at ambient temperatures above 90 degrees F. 4. Water -reducing and accelerating admixture: Add as required in concrete mixes to be placed at ambient temperatures below 50 degrees F. 5. High -range water -reducing admixture (superplasticizer): Add as required for placement and workability. 6. Do not use admixtures not specified or approved. 01269197 CAST -IN-PLACE CONCRETE 03300-4 02/01 0 G. Mix Adjustments: Provided that no additional expense to owner is involved, contractor may submit for architect's approval requests for adjustment to approved concrete mixes when rs* circumstances such as changed project conditions, weather, or unfavorable test results occur. Include laboratory test data substantiating specified properties with mix adjustment requests. 2.6 CONTROL OF MIX IN THE FIELD A. Slump: A tolerance of up to 1 inch above approved design mix slump will be permitted for 1 batch in 5 consecutive batches tested. Concrete of lower slump than that specified may be used, provided proper placing and consolidation is obtained. B. Total Air Content: A tolerance of plus or minus 1-1/2 percent of approved design mix air content will be allowed for field measurements. C. Do not use batches that exceed tolerances. 2.7 CONCRETE MIXING A. On -Site Equipment: Mix concrete materials in appropriate drum type batch machine mixer, in compliance with ASTM C 685. Mix each batch minimum of 1-1/2 minutes and maximum of 5 r* minutes before discharging concrete. Clean thoroughly at end of day and before changing concrete type. B. Transit Mixers: Mix concrete materials in transit mixers, complying with requirements of ASTM �., C 94. 1. At ambient temperatures of 85 to 90 degrees F, reduce mixing and delivery time to 75 minutes. 2. At ambient temperatures above 90 degrees F, reduce mixing and delivery time to 60 minutes. PART 3 - EXECUTION 3.1 CONCRETE FORM PREPARATION ^^ A. General: Comply with requirements of ACI 301 for formwork, and as herein specified. The contractor is responsible for design, engineering, and construction of formwork, and for its timely removal. .., B. Earth Forms: Hand -trim bottoms and sides of earth forms to profiles indicated on the drawings. Remove loose dirt before placing concrete. C. Design: Design and fabricate forms for easy removal, without impact, shock, or damage to concrete surfaces or other portions of the work. Design to support all applied loads until concrete is adequately cured, within allowable tolerances and deflection limits. D. Construction: Construct and brace formwork to accurately achieve end results required by contract documents, with all elements properly located and free of distortion. Provide for necessary openings, inserts, anchorages, and other features shown or otherwise required. 1. Joints: Minimize form joints and make watertight to prevent leakage of concrete. a. Align joints symmetrically at exposed conditions. 2. Chamfers: Provide chamfered edges and corners at exposed locations, unless specifically indicated otherwise on the drawings. 3. Permanent openings: Provide openings to accommodate work of other trades, sized and located accurately. Securely support items built into forms; provide additional bracing at openings and discontinuities in formwork. 01269197 CAST -IN-PLACE CONCRETE 03300-5 02/01 4. Temporary openings: Provide temporary openings for cleaning and inspection in most inconspicuous locations at base of forms, closed with tight -fitting panels designed to minimize appearance of joints in finished concrete work. E. Tolerances for Formed Surfaces: Comply with minimum tolerances established in ACI 117, unless more stringent requirements are indicated on the drawings. F. Release Agent: Provide either form materials with factory -applied nonabsorptive liner or field -applied form coating. If field -applied coating is employed, thoroughly clean and recondition formwork and reapply coating before each use. Rust on form surfaces is unacceptable. 3.2 PLACING REINFORCEMENT A. General: Comply with requirements of ACI 301 and as herein specified. B. Preparation: Clean reinforcement of loose rust and mill scale, soil, and other materials which adversely affect bond with concrete. C. Placement: Place reinforcement to achieve not less than minimum concrete coverages required for protection. Accurately position, support, and secure reinforcement against displacement. Provide Class C tension lap splices complying with ACI 318 unless otherwise indicated. Do not field -bend partially embedded bars unless otherwise indicated or approved. 1. Use approved bar supports and tie wire, as required. Set wire ties to avoid contact with �- or penetration of exposed concrete surfaces. Tack welding of reinforcing is not permitted. 2. Wire fabric: Install in maximum lengths possible, lapping adjoining pieces not less than one full mesh. Offset end laps to prevent continuous laps in either direction, and splice laps with tie wire. D. Welding: Welding of reinforcement is not permitted. 3.3 JOINT CONSTRUCTION A. Construction Joints: Locate and install construction joints as indicated on drawings. If construction joints are not indicated, locate in manner which will not impair strength and will have least impact on appearance, as acceptable to the architect. 1. Keyways: Provide keyways not less than 1-1/2 inches deep. 2. Reinforcement: Continue reinforcement across and perpendicular to construction joints, unless details specifically indicate otherwise. 3.4 INSTALLATION OF EMBEDDED ITEMS A. General: Set anchorage devices and other items required for other work connected to or supported by cast -in-place concrete, using templates, setting drawings, and instructions from suppliers of items to be embedded. 3.5 CONCRETE PLACEMENT A. Preparation: Provide materials necessary to ensure adequate protection of concrete during inclement weather before beginning installation of concrete. B. Inspection: Before beginning concrete placement, inspect formwork, reinforcing steel, and items to be embedded, verifying that all such work has been completed. 1. Wood forms: Moisten immediately before placing concrete in locations where form coatings are not used. C. Placement - General: Comply with requirements of ACI 304 and as follows: 1. Schedule continuous placement of concrete to prevent the formation of cold joints. 01269197 CAST -IN-PLACE CONCRETE 03300-6 02/01 -- w 2. Provide construction joints if concrete for a particular element or component cannot be 3.6 FINISHING FORMED SURFACES A. Repairs, General: Repair surface defects, including tie holes, immediately after removing formwork. 1. Remove honeycombed areas and other defective concrete down to sound concrete, cutting perpendicular to surface or slightly undercutting. Dampen patch location and area immediately surrounding it prior to applying bonding compound or patching mortar. 2. Before bonding compound has dried, apply patching mixture matching original concrete in materials and mix except for omission of coarse aggregate, and using a blend of white and normal portland cement as necessary to achieve color match. Consolidate thoroughly and strike off slightly higher than surrounding surface. B. Unexposed Form Finish: Repair tie holes and patch defective areas. Rub down or chip off fins or other raised areas exceeding 1/4 inch height. C. Exposed Form Finish: Repair and patch defective areas, with fins or other projections completely removed and smoothed. 1. Smooth rubbed finish: Apply to surfaces indicated no later than 24 hours after form removal. a. Wet concrete surfaces to be finished and rub with Carborundum brick or other abrasive until uniform color and texture are achieved. b. Do not apply separate grout mixture. 2. Contiguous unformed surfaces: Strike smooth and float to a similar texture tops of walls, horizontal offsets, and other unformed surfaces adjacent to or contiguous with formed surfaces. Continue final finish of formed surfaces across unformed surfaces, unless otherwise specifically indicated. 01269197 CAST -IN-PLACE CONCRETE 03300-7 02/01 placed in a continuous operation. 3. Deposit concrete as close as possible to its final location, to avoid segregation. D. Placement in Forms: Limit horizontal layers to depths which can be properly consolidated, but in no event greater than 24 inches. 1. Consolidate concrete by means of mechanical vibrators, inserted vertically in freshly placed concrete in a systematic pattern at close intervals. Penetrate previously placed concrete to ensure that separate concrete layers are knitted together. 2. Vibrate concrete sufficiently to achieve consistent consolidation without segregation of coarse aggregates. 3. Do not use vibrators to move concrete laterally. E. Cold Weather Placement: Comply with recommendations of ACI 306 when air temperatures are expected to drop below 40 degrees F either during concrete placement operations or before concrete has cured. 1. Do not use frozen or ice -laden materials. 2. Do not place concrete on frozen substrates. F. Hot Weather Placement: Comply with recommendations of ACI 305R when ambient temperature before, during, or after concrete placement is expected to exceed 90 degrees F or when r'* combinations of high air temperature, low relative humidity, and wind speed are such that the rate of evaporation from freshly poured concrete would otherwise exceed 0.2 pounds per square foot per hour. 1. Do not add water to approved concrete mixes under hot weather conditions. 2. Provide mixing water at lowest feasible temperature, and provide adequate protection of poured concrete to reduce rate of evaporation. 3. Use fog nozzle to cool formwork and reinforcing steel immediately prior to placing concrete. 3.6 FINISHING FORMED SURFACES A. Repairs, General: Repair surface defects, including tie holes, immediately after removing formwork. 1. Remove honeycombed areas and other defective concrete down to sound concrete, cutting perpendicular to surface or slightly undercutting. Dampen patch location and area immediately surrounding it prior to applying bonding compound or patching mortar. 2. Before bonding compound has dried, apply patching mixture matching original concrete in materials and mix except for omission of coarse aggregate, and using a blend of white and normal portland cement as necessary to achieve color match. Consolidate thoroughly and strike off slightly higher than surrounding surface. B. Unexposed Form Finish: Repair tie holes and patch defective areas. Rub down or chip off fins or other raised areas exceeding 1/4 inch height. C. Exposed Form Finish: Repair and patch defective areas, with fins or other projections completely removed and smoothed. 1. Smooth rubbed finish: Apply to surfaces indicated no later than 24 hours after form removal. a. Wet concrete surfaces to be finished and rub with Carborundum brick or other abrasive until uniform color and texture are achieved. b. Do not apply separate grout mixture. 2. Contiguous unformed surfaces: Strike smooth and float to a similar texture tops of walls, horizontal offsets, and other unformed surfaces adjacent to or contiguous with formed surfaces. Continue final finish of formed surfaces across unformed surfaces, unless otherwise specifically indicated. 01269197 CAST -IN-PLACE CONCRETE 03300-7 02/01 3.7 CONCRETE CURING AND PROTECTION A. General: 1. Prevent premature drying of freshly placed concrete, and protect from excessively cold or hot temperatures until concrete has cured. 2. Provide curing of concrete by one of the methods listed and as appropriate to service conditions and type of applied finish in each case. B. Curing Period: 1. Not less than 7 days for standard cements and mixes. C. Formed Surfaces: Cure formed concrete surfaces by moist curing with forms in place for full curing period or until forms are removed. 1. Keep wooden or metal forms moist when exposed to heat of the sun. 2. If forms are removed prior to completion of curing process, continue curing by one of the applicable methods specified. D. Surfaces Not in Contact with Forms: 1. Moisture -retaining cover: Lap not less than 3 inches at edges and ends, and seal with waterproof tape or adhesive. Repair holes or tears during curing period with same tape or adhesive. Maintain covering in intimate contact with concrete surface. Secure to avoid displacement. a. Do not use plastic sheeting on surfaces which will be exposed to view when in service. E. During and following curing period, protect concrete from temperature changes of adjacent air in excess of 5 degrees F per hour and 50 degrees F per 24 hours. Progressively adjust protective measures to provide uniform temperature changes over entire concrete surface. 3.8 REMOVAL OF FORMS AND SUPPORTS A. Non -Load -Bearing Formwork: Provided that concrete has hardened sufficiently that it will not be damaged, forms not actually supporting weight of concrete or weight of soffit forms may be removed after concrete has cured at not less than 50 degrees F for 24 hours. Maintain curing and protection operations after form removal. 3.9 MISCELLANEOUS CONCRETE ITEMS A. Fill-in: Fill in holes and openings left in concrete structures for passage of work by other trades after such work is in place. Place such fill-in concrete to blend with existing construction, using same mix and curing methods. 3.10 CONCRETE REPAIRS A. Perform cosmetic repairs of concrete surfaces as specified under concrete application. B. Perform structural repairs with prior approval of the architect for method and procedure, using epoxy bonding systems. The architect's approval is required for repair methods using materials other than those specified. 3.11 QUALITY CONTROL TESTING DURING CONSTRUCTION A. Composite Sampling, and Making and Curing of Specimens: ASTM C 172 and ASTM C 31. 1. Take samples at point of discharge. 01269197 CAST -IN-PLACE CONCRETE 03300-8 02/01 6a 2. For pumped concrete, perform sampling and testing at the frequencies specified herein at point of delivery to pump, and perform additional sampling and testing at the same ,". frequency at discharge from line. Results obtained at discharge from line shall be used for acceptance of concrete. B. Slump: ASTM C 143. One test per strength test and additional tests if concrete consistency changes. 1. Modify sampling to comply with ASTM C 94. C. Air Content of Normal Weight Concrete: ASTM C 173 or ASTM C 231. One test per strength test performed on air -entrained concrete. D. Concrete Temperature: 1. Test hourly when air temperature is 40 degrees F or below. 2. Test hourly when air temperature is 90 degrees F or above. 3. Test each time a set of strength test specimens is made. E. Compressive Strength Tests: ASTM C 39. 1. Compression test specimens: Mold and cure one set of 4 standard cylinders for each compressive strength test required. 2. Testing for acceptance of potential strength of as -delivered concrete: a. Obtain samples on a statistically sound, random basis. b. Minimum frequency: (1) One set per 100 cubic yards or fraction thereof for each day's pour of each concrete class. (2) One set per 3500 square feet of slab or wall area or fraction thereof for each day's pour of each concrete class. (3) When less than 5 cubic yards is placed in one day, the architect may, at architect's option, waive laboratory testing of specimens if adequate evidence of satisfactory strength is provided. (Molding and curing of these specimens is not waived.) (4) When the above testing frequency would provide fewer than 5 strength tests for a given class of concrete during the project, conduct testing from not less than 5 randomly selected batches, or from each batch if fewer than 5. C. Test one specimen per set at 7 days for information unless an earlier age is required. d. Test 2 specimens per set for acceptance of strength potential; test at 28 days unless other age is specified. The test result shall be the average of the two specimens. If one specimen shows evidence of improper sampling, molding, or testing, the test result shall be the result of the remaining specimen; if both show such evidence, discard the test result and inform the architect. e. Retain one specimen from each set for later testing, if required. f. Strength potential of as -delivered concrete will be considered acceptable if all of the following criteria are met: (1) No individual test result falls below specified compressive strength by more than 500 psi. (2) Not more than 10 percent of individual test results fall below specified compressive strength f'(c). (3) Average of any 3 consecutive strength test results equals or exceeds specified compressive strength f'(c). g. Evaluate construction and curing procedures and implement corrective action when strength results for field -cured specimens are less than 85 percent of test values for r* companion laboratory -cured specimens. 01269197 CAST -IN-PLACE CONCRETE 03300-9 02/01 F. Test Results: Testing agency shall report test results in writing to architect and contractor within 24 hours of test. 1. Test reports shall contain the following data: a. Project name, number, and other identification. b. Name of concrete testing agency. C. Date and time of sampling. d. Concrete type and class. e. Location of concrete batch in the completed work. f. All information required by respective ASTM test methods. 2. Nondestructive testing devices such as impact hammer or sonoscope may be used at architect's option for assistance in determining probable concrete strength at various locations or for selecting areas to be cored, but such tests shall not be the sole basis for acceptance or rejection. 3. The testing agency shall make additional tests of in-place concrete as directed by the architect when test results indicate that specified strength and other concrete characteristics have not been attained. a. Testing agency may conduct tests of cored cylinders complying with ASTM C 42, or tests as directed. b. Cost of additional testing shall be borne by the contractor when unacceptable concrete has been verified. END OF SECTION 03300 01269197 CAST -IN-PLACE CONCRETE 03300-10 02/01