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HomeMy WebLinkAboutResolution - 2008-R0431 - Contract - Wright Construction Co. Inc.- Water System Improvements - 11/06/2008Resolution No. 2008-80431 November 6, 2008 Item No. 5.10 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a unit price construction Contract by and between the City of Lubbock and Wright Construction Co., Inc., of Grapevine, Texas, for Eastport Industrial Area Water System Improvements per RFP 08 -730 -SM, which unit price construction Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 6th day of ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: November 12008. TOM MARTIN, MAYOR Thomas Adams Deputy City ManagerAVater Utilities Director APPROVED AS TO FORM: andiver, Attorney" of Cji n DDres/ W rightConst08U PCon Res October 28, 2008 CITY OF LUBBOCK SPECIFICATIONS FOR EASTPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS RFP # 08-730-BM Contract # 8657 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY http://pr.thereproductioncompany.com/ Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas RFP# 08-730-13M, Addendum # I f m Lubbock CityLubbock of WORKS CONTRACTING OFFICE ROOM 204, MUNICIPAL BUILDING 1625 13T11 STREET LUBBOCK, TEXAS 79401 PH:(806)775-2163 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us I ADDENDUM # 1 RFP # 08-730-BM Eastport Industrial Area Water System Improvements DATE ISSUED: September 15, 2008 CLOSE DATE: September 18, 2008 @ 1:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Offeror's attention is directed to the Engineer's Addendum #1, attached. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MaeNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to bmacnair a,mylubbock.us . THANK YOU, CITY OF LUBBOCK Ewa U"ONa Bruce MacNair Public Works Contracting Officer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's resnonsibility to advise the Citv of Lubbock Public Works Contracting Officer if anv language, reauirements, etc., or anv combinations thereof. inadvertently restricts or limits the reauirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Public Works Contracting Officer no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP# 08-730-BM-AdI L L Kt'rl; U;5- M-UM, Aaaenaum if L 1 City ofLubbock Lubbock PUBLIC WORKS CONTRACTING OFFICE ROOM 204, MUNICIPAL BUILDING 1625 13Tn STREET LUBBOCK, TEXAS 79401 PH: (806)775-2163 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ADDENDUM # 2 RFP # 08-730-BM Eastport Industrial Area Water System Improvements September 16, 2008 September 18, 2008 @ 1:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Additional information and clarification is provided from the Engineer as follows: • Page 01400-2 Paragraph 1.4 D., CHANGED TO READ: `Testing Agency Responsibilities: Submit certified written report of each test and similar Quality Assurance service to the Contractor.' • Page 02665-9 Paragraph 3.12 A., B.: Concerning the use of mechanical restraints versus concrete thrust blocking. Both methods are APPROVED AS SPECIFIED. 2. Offeror's attention is invited to the following QUESTION and RESPONSE. uestion: Is there an electronic file or CAD drawing available that could be utilized in the staking of these lines? Answer: Yes, a CAD file in AutoCAD or Mierostation will be provided to the successful Contractor during the preconstruction meeting. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to bmacnair(&mvlubbock.us . 1010?l 4WC4111A CITY OF LUBBOCK ow" %Wl&& Bruce MacNair Public Works Contracting Officer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the City of Lubbock Public Works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Public Works Contracting Officer no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP# 08-730-BM-Ad2 RFP# 08-730-BM, Addendum # 3 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE ROOM 204, MUNICIPAL BUILDING 1625 13i" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2163 FAX: (806)775-2164 http:/ipurchasing.ei.lubbock.tx.us DATE ISSUED: OLD CLOSE DATE: NEW CLOSE DATE ADDENDUM # 3 RFP # 08-730-BM Eastport Industrial Area Water System Improvements September 18, 2008 September 18, 2008 @ 1:00 P.M. September 24, 2008 @ 1:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Due date and time are CHANGED from September 18, 2008 at 1:00 P.M. to September 24, 2008 at 1:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to bmaenair(&mylubboek.us . THANK YOU, CITY OF LUBBOCK Bruce MacNair Public Works Contracting Officer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the City of Lubbock Public Works Contracting Officer if any language, requirements etc or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Public Works Contracting Officer no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP# 08-730-BM-Ad3 RFP# 08-730-13M, Addendum # 4 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE ROOM 204, MUNICIPAL BUILDING 1625 13fH STREET LUBBOCK, TEXAS 79401 PH:(806)775-2163 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ADDENDUM # 4 RFP # 08-730-BM Eastport Industrial Area Water System Improvements September 19, 2008 September 24, 2008 @ 1:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Offerors attention is invited to the Engineer's ADDENDUM #4, attached. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to bmacnair(&mvlubbock.us . THANK YOU, CITY OF LUBBOCK 6WIM 7&"7&4r Bruce MacNair Public Works Contracting Officer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the City of Lubbock Public Works Contracting Officer if any language requirements etc or any combinations thereof, inadvertently restricts or limits the 3 requirements stated in this RFP to a single source. Such notification must be submitted in writing i_ and must be received by the Public Works Contracting Officer no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. I RFP# 08-730-BM-Ad4 I : CITY OF LUBBOCK SPECIFICATIONS FOR EASTPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS RFP # 08-730-BM Contract # 8657 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY http://pr.thereproductioncompany.com/ Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas Paae Intentionallv Left Blank CITY OF LUBBOCK REQUEST FOR PROPOSALS Q$0 TITLE: EASTPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS ADDRESS: LUBBOCK, TEXAS RFP NUMBER: 08-730-BM CONTRACT NUMBER: 8657 PROJECT NUMBER: 91082 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE PaEe Intentionally Left Blank City of Lubbock, TX Public Works Contracting Office Contractor Checklist for RFP # 08-730-BM Before submitting your proposal, please ensure you have completed and included the following: 1. Carefully read and understand the plans and specifications and properly complete the PROPOSAL SUBMITTAL form. Proposal Submittal form MUST be completed in blue or ¢,e black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. Carefully read the BASIS OF PROPOSALS and SELECTION CRITERIA in paragraph 32 of the General Instructions to Offeror's. Ensure ALL criteria are addressed in your submittal. ' 2. Include PROPOSAL BOND or CASHIER'S OR CERTIFIED CHECK as your proposal surety. Failure to provide a proposal surety WILL result in automatic rejection of your proposal. 3. Clearly mark the proposal number, title, due date and time and your company name and address on the outside of the envelope or container. 4. Ensure your proposal is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late proposals will not be accepted. 5. Complete and submit the "CONTRACTOR'S STATEMENT OF QUALIFICATIONS". 6. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with the questionnaire. 8. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. �DOCUMENTS REQUIRED WITHIN TWO BUSINESS DAYS AFTER_ CLOSING: s 5. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR PROPOSAL SUBMITTAL. (Type or Print Company Name) 5. } 6. 7. 8. 9. 10. 11. 12. 13. INDEX NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS LOCAL GOVERNMENT CODE § 271.116 PROPOSAL SUBMITTAL — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT DAVIS-BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS Pau Intentionally Left Blank NOTICE TO OFFERORS H, f Paae Intentionally Left Blank NOTICE TO OFFERORS RFP # 08-730-BM Sealed proposals addressed to Bruce MacNair, Public Works Contracting Officer, City of Lubbock, Texas, will be received in the office of the Public Works Contracting Officer, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 1:00 P.M. on September 18, 2008, or as changed by the I-J 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: "EASTPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Public Works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Proposals are due at 1:00 P.M., September 18, 2008, and the City of Lubbock City Council will consider the proposals on October 23, 2008, 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 proposals and waive any formalities. The successful proposer 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 proposer 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 "A" or better. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's 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 proposal submitted. There will be a non -mandatory pre -proposal conference on September 10, 2008 at 9:00 A.M., in Room 101, Council Chambers,1625 131h Street, Lubbock, Texas. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://pr.theWroductioncomt)any.com/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. h! Attention of each proposer 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 Public Works Contracting Officer of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is -' further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals 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 - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2163 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK ozuce %el&tn BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER GENERAL INSTRUCTIONS TO OFFERORS 1 Paze Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish EASTPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS per the attached specifications and contract documents. Sealed proposals will be received no later than 1:00 P.M., September 18, 2008 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP # 08-730-BM, EASTPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Bruce MacNair, Public Works Contracting Officer City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Public Works Contracting Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 4 . 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non - Council Chambers, 1625 13" Street, Lubbock, Texas. All persons attending the meeting will L be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. t x 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at http://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most up blic libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the proposer, or in the event the Public Works Contracting Office deems the interpretation to hl 1 rd 61 be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at http://www.RFPdoot.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. 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 Public Works Contracting Office no later than five (5) calendar days before the proposal 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 supplied by the City of Lubbock Public Works Contracting Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP 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 proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for. Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. _ 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Public Works Contracting Officer and a clarification obtained before the proposals are received, and if no such notice is received by the Public Works Contracting Officer prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Public Works Contracting Officer before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and sub- mission of a proposal. 5.2 The issuance of this RFP 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 proposal shall be paid by the proposer. z_ 10 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal 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 proposal 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 proposal 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 proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. CONFLICT OF INTEREST 9.1 The proposer 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. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror 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 proposal. CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors 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. PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge or forfeiture of deposit. The contract documents may be ;- examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive i } proposals. It shall be the offerors responsibility to advise the Public Works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 1_a 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Bruce MacNair, Public Works Contracting Officer City of Lubbock Public Works Contracting Office 1625 13`h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: bmacnair(&myiubbock.us RFPDepot: www.rfpdei)ot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within TWO HUNDRED (200) CONSECUTIVE CALENDAR DAYS with an additional FIFTY - (50) CALENDAR DAYS for FINAL COMPLETION from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 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. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. i F .__ 4 15 AFFIDAVITS OF BILLS PAID I -A The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for 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. 17 GUARANTEES 17.1 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). 17.2 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. 17.3 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. 17.4 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. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during 5 19 20 21 23 construction will only be furnished directly to the Contractor. The Contractor shall then distribute r-j copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 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 proposals have been opened and before the contract has been awarded, to require of a proposer the following information: 3 j (a) The experience record of the proposer 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 proposer. (c) Equipment schedule. ril TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 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 11 j City of Lubbock, Texas, at Contractor's expense. 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. EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In -all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish _. the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. 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. 26 E � s LABOR AND WORKING HOURS 26.1 Attention of each proposer 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 proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 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. 26.3 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. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty 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. 28 PROVISIONS CONCERNING ESCALATION CLAUSES t Proposals submitted containing any conditions which provide for changes in the stated proposal 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 proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the proposer shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 28.3.1 Proposer's name 28.3.2 Proposal for (description of the project [proposal number and title)). 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 9 I 31 32 (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. 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. r3, QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer 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 proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. BASIS OF PROPOSALS AND SELECTION CRITERIA The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The selection criteria used to evaluate each proposal will include the following: 32.1 60% Price. 32.2 20% Contractor qualifications. Complete and submit the "Contractors Statement of Qualifications". City shall have an opportunity to interview the job superintendent at a time to be namedafter receipt of proposals. 32.3 10% Safety Record Questionnaire.__] 32.4 10% Construction time. 10 I L I The estimated budget for the construction phase of this project is $1,100,000. Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. " 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED ' INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the 11 worker is employed by the contractor or any subcontractor in the execution of the contract for the -3 project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not 1. less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: htti)://www.avo.gov/davisbacon/allstates.html 35.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay FJI to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. r] 8 12 TEXAS LOCAL GOVERNMENT CODE & 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Pale Intentionally Left Blank § 271.116 i SELECTING CONTRACTOR FOR CONSTRUCTION �x .P SERVICES THROUGH COMPETITIVE SEALED PROPOSALS (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (a-1) In this section "facility" means an improvement to real property. hil (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time ril employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. i_, (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Paue Intentionally Left Blank PROPOSAL SUBMITTAL FORM 1 PaEe Intentionally Left Blank PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT , z4- DATE: 9 — ' d 8 PROJECT NUMBER: # 08-730-BM — EASTPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS Proposal of \'rJ &1 t,. w-s (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the, construction of a EASTPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS having carefully examined the plans, specifications, instructions to offerors, notice to offerors 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 below. The price to cover all expenses incurred in performing the work required under the contract documents. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 1 LS Mobilization / Demobilization, insurance, bonds, and move in / out related costs, complete. TOTAL ITEM #1: N?' �Tct.,'(�Noo�Ae+o [rtr�S� iiVr►ALxuP O�° $ l `1.,3db /LS( 1 9.300�- ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 2. 4 EA Furnish and Install 14"x8" Tapping Sleeve and Valve, tie new line to existing 14" AC, including appurtenances, complete in place. 4o >Abase TH-Ici U Tao $ TOTAL ITEM #2: fo* R. -THo-33o� /EA(f (., i Zo 0 1 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy. the amount shown in words shall govern.) -x 3. 2 EA Furnish and Install 6"x6" Tapping Sleeve and Valve, tie new line to existing 6", PVC, C-900, including appurtenances, complete in place. TOTAL ITEM #3:Tr�i,� TNau Sa�,,�Tk���f�uta�Ptisa��rry $ 3 bb lEA( (�� ? (o b_ ) ( Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amo nt shown in words shall govern.) 4. 11,136 LF Furnish and Install 8" C-900, Class 150 water pipe, complete in place. w, om TOTAL ITEM #4: -T w e, "-T�e Gsy Wr v a $ Z & ' /LF011, $ O 8. ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall ,oven.) Offeror's Initials r r Estimated Item Quantity No. & Unit Description of Item Total Amount 190 LF Furnish and Install 6" C-900, Class 150 water pipe, complete in place TOTAL ITEM #5: Tvs gryr, , Fo o s— %y $ Z 4 0� /LF( + S io C> ) (Unit Price Amounts shall be in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6. 200 LF Furnish and Install 4" C-900 water pipe, complete in place., TOTAL ITEM #6: —Ray.,--ry Two °% o $ L Z /LF( * . 4o do^ ) (Unit Price Amounts shall be shovfn in both words and numerals. In case of discrepancy, the amount shown in words shal(govern.) 7. 11,136 LF Furnish and install heavy polyethylene warning tape with tracer wire, complete in place. TOTAL ITEM #7:10 /LF( 5-C ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 8. 16 EA Furnish and Install 8" Gate Valve & box, including appurtenances, complete in place. 00 TOTAL ITEM #8: Ors 0 TN o > Ppa a U rg g H o, 4 y e a; n "7 o $ t ► 00fy - (i /EA7 GOO—) ( Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 9. 21. EA Furnish and Install 6" Gate Valve and box, including appurtenances, complete in place. r � O b p° TOTAL ITEM #9: G..1. u +t-r {A4 N O Lg,,p Trim "Y o $ 810 i EA( ) Z, a [ 0 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 1 EA Furnish and Install 10" Insta Valve and box, including appurtenances, complete in place. 'swat-Rr°/"0 00 o= TOTAL ITEM #10:_ tr-tCatvTHooaa►ap jj:zvA0 �,AjaoR.2.n $/s.�tza /EA( t'S5 Zo ) (Unit Price Amounts shall he shown in both words and numerals. In case of discrepancy, the am uo nt shown in words shall govern.) 11. 6 EA Furnish and Install 6" Insta Valve and box, including appurtenances, complete in place. TOTAL ITEM #11:aJa Tihoo.s,%riy 6�:,.V.rr H41er-aPNsr+-s„ Oyoo $ S $mot 0 /EA( 3 S; 3+0 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amo nt shown in words shall govern.) 12. 1 EA Furnish and Install 4" Gate Valve and box, including appurtenances, complete in place. o0 TOTAL ITEM #12:_ , �, v zw H .3 ►3o R.3o Fo&,-t f %o $ '7 4 org, /EA( 7 4 0 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 13. 21 EA Furnish and Install standard fire hydrant including appurtenances, complete in place. CISJ^ TOTAL ITEM #13; ! w3'T�t1uSa::m Nz !�-NOtL3'� ,�2R-iy i 9� $ S,`%fEtAt ii 1, j 3 �' ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) r` Offeror's Initials : f Estimated Item Quantity No. & Unit Description of Item Total Amount + Furnish and Install Class D Ductile Iron Fittings including a rtenanees, complete in pla 14. 8,_80 LB Furn uPp g g , 2- TOTAL ITEM #14: :Chn: Q a t.4 P�.s r�r3e� v. C N� �_ _ $ '-�" /LB( �� ) (Unit Price Amounts shall be shown in both words and numerals. In case odiscrepancy, the amount shown in words shal(govern.) 15. 9 EA Furnish and Install 1" Service Tap including appurtenances, complete in place. TOTAL ITEM # 15: E-3 to +-►T t o to 12 0 t =T �7 O $ 8 S o /EA( '7 G S' o ) i (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 16. 5 EA Furnish and Install 2" Service Tap including appurtenances, complete in place. TOTAL ITEM #16:Qr+C"f�Cl����oT�a 1-t�NvR�oT�K ° vo $1 ZI0� /EA( G•os b` ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy. the amount shown in words shalf govern.) l • 17. 380 LF Furnish and Install 1" Service Line, Type K Copper, including appurtenances, complete in place. TOTAL ITEM # 17: 0 h4 6 v76 $ Z. 1 ' /LF( 7.9 $ O ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 18. 240 LF Furnish and Install 2 Service Line, TYPE K Copper, including appurtenances, complete in place. 1 40 TOTAL ITEM #18: ��•+ NT.. N to V a7 o $ L 9 /LF( (v. 91,O ^ ) (Unit Price Amounts shall be shown iA both words and numerals. In case of discrepancy, the amount shown in words shall govern.) g ' 19. 320 LF Furnish and Install 2" Service Line, Schedule 40 or PEX, including appurtenances, complete in place. 07 $ 1 /LF S ► z 0 TOTAL ITEM #19: •s�><T G• � `ts o ° ( ) �r(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) t . , r. 20. 9 EA Connect to 1" or 3/4" Meter or Service Line, including appurtenances, complete in place. IMI TOTAL ITEM #20: Fo , R. H o .4 o a. a p 10. $ 4 O O /EA( 3. Co 0 0 ) Ll (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 21. 6 EA Connect to 2" or larger Meter or Service Line, including appurtenances, complete in place. OG� TOTAL ITEM 921: f v •s 2 a iD a c $�`� /EA 2 S O ) 1 (Unit Price Amounts shall be shown in both words and numerals. 1 •case of discrepancy, the amount shown in words shall govern.) 22 670 LF Furnish and Install 8" slick bored pipe (Cerdalock of equal) with grout, as specified, complete in place. vv y� • TOTAL ITEM #22: 3 C9 T (w ° $ Z /LF(S (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy,. the amount shown in words shal(govern.) {i /4- Offeror's Initials 3 ..A Estimated Item Quantity No. & Unit Description of Item Total Amount 23. 5 EA Cross under airport chain link security fence, complete in place. TOTAL ITEM #23: O H. v..v a.. ,a fsfs,: %o $ SSO/EA( r7. 7 Sow' ) ( Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shalf govern.) 24. 1,450 SF Furnish labor, material and equipment required for asphaltic pavement repair along the route - of proposed water line, complete in place. TOTAL ITEM #24: �:y /SF( ?, Z SS oCAD ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 25. 9 EA Remove and Dispose of Service Meter Box, complete in place. ev e� J TOTAL ITEM #25: TW . H sra v f-;r0 Ttr•, "90'> $ Z 1 0— /EA( 1, $ `t � ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 26. 56 EA Remove and salvage existing fire hydrant assembly, including removing associated valves, cut and plug lead lines, backfill as specified, complete in place. TOTAL ITEM#26: OH g, 7t+OJ1aNA T..i�W7.i u�� $ J 07-0 /EA S7 t dam" ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall ovem.) 27. 28 EA Close and Disable 6" Gate Valve, as specified, complete in place. TOTAL ITEM #27: TH +r=ig--r H,3N o P-J o ' ,-x a NTy o, o $ 3 Z 0 4� ( /EA 1 0 � ) ( Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 28. 1 LS Furnish and execute complete Traffic Control Plan approved by the City of Lubbock Traffic Engineer, complete in place. .. uo TOTAL ITEM #28:1j +iLa3' TNc,-j >aN,o E � �,- ""top-'10 f' $ 3J-Ob /LS(3 ,�-- (Unit Price Amounts shall be shown in both words and numerals. to case of discrepancy, the amount shown in words shaall govern.) 29. 1 LS Furnish and execute complete SWPPP as required by the Texas Commission on Environmental M4 Quality, complete in place. TOTAL ITEM#29: FyJa )-ijf,.yttaHi p o�o $ 6160�/LS G S00 a_ ( Unit Price Amounts shall be shown in both wor and numerals. In case of discrepancy, the amount shown in words shall govern.) ) ` � .,• NJtw4E.�o f rPr,/Tt- L941THoj>Pr�P TOTAL PROPOSAL, ITEMS #1- # 29: U S$ tc H,3,4 net E-v. i..-r./ `,%, Z 0 s3, `� MATERI $ 1 v �� '� Fo3K. N-j v►ve.a. Ty isx. •TNOJ>AH b r LABOR:Tt 5:X r, 4AJease.ay fat-.ry �,. x � ao $ �(aC=, i.46r, TOTAL PROPOSAL IS t, ITEMS #1 - # 29: - $ = fit- 7 Zp 3'ZC, ( Unit Price Amounts shall be shown in both words and numerals'. In case of discrepancy, the amount shown in words shA govern.) va 9iLeo "TwZa. r7 Ti-+ov>n.tve 'TN e. Z�: T� x�� •� x /b o y Offeror Initials Li t I 7 Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to Substantially Complete the project within ( 1 Z 0 ) # Days Completed by Contractor (o,-A C. N v ►.• a rsa "Tw itk T x ) Written Days Completed by Contractor CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $400 FOUR HUNDRED DOLLARS and 00/100) for each consecutive calendar day in excess of the time set forth herein above for Substantial completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror hereby agrees to achieve Final Completion within ( 3 O ) # Days Completed by Contractor 1L-TWritten Days Completed b Contractor CONSECUTIVE CALENDA DAYS thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $200 (TWO HUNDRED DOLLARS and 00/100) for each consecutive calendar day in excess of the time set forth herein above for Final completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of SIXTY (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of Fsv� �L�GN-t Dollars ($ S' o ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. O-) Offeror's Initials Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: - Secretary Offeror acknowledges receipt of the following addenda: Addenda No. 4-. Date 9 -1 S-Ot5 Addenda No. Z_ Date 9 -1& -d$ Addenda No. 3 Date -1 fs - o % Addenda No. �_ Date q -► 5 -0sa �ddress Cit , County State Zip Code Telephone: Fax:►` FEDERAL TAX ID or SOCIAL SECURITY No. M/WBE Finn: I Woman I I Black American I I Native Hispanic American I I Asian Pacific American I I Other t m Y. L CITY OF LUBBOCK CONTRACTOR'S STATEMENT OF QUALIFICATIONS RFP # 08-730-BM EASTPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS Candidates must complete each of the following items in order to be considered. I I. FIRM NAME: t )�jc� ��{ roll RudI(Itd, , 2. BUSINESS ADDRESS: �Q (' ( L� I Lo n- I 0 Ryii,; 1X It0 I Y 3. TELEPHONE, WITH AREA CODE:{ FAX, WITH AREA CODE: s E MAIL ADDRESS: h") i 1y 1-j � �(15� C 6 INTERNET URL ADDRESS: (,,. t,) lti 4. TYPE OF ORGANIZATION: (CHECK ONE) a. SOLE PROPRIETORSHIP ( ) b. PARTNERSHIP ( ) c. CORPORATION (>� d. JOINT VENTURE ( ) 5. PRINCIPALS (P) AND ASSOCIATES (A): (WRITE "P" OR "A" FOR EACH) NAME P/A CERTIFICATE a. U ( (n,) E Lt Q� c{ P b. 1. ty)y L a. d_ DEGREE OR INSTITUTION F` CITY OF LUBBOCK CONTRACTOR'S STATEMENT OF QUALIFICATIONS CONTINUED 6. LIST 5 MAJOR PROJECTS WITHIN THE PAST THREE YEARS THAT ILLUSTRATE YOUR EXPERIENCE WITH PROJECTS SIMILAR TO THE CITY'S. PROJECT OWNER YEAR COST b. C. Mit,c, Gi d. "j i i lfl 2 U 0 7. REFERENCES: (INCLUDE AT LEAST THREE REFERENCES FROM THREE PROJECTS SIMILAR TO THE ONE FOR WHICH YOU ARE COMPETING) NAME RELATIONSHIP PHONE NUMBER a. A b. L c SUBMITTED BY: Signature: Date: v Printed Name: Title:. Finn Name: Tel Address: a City:_ State: zip: L J i j rl CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal 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 ten (10) business 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 proposal. Contractor ( 'S FIRM NAME: Lon r, Contractor (Print) Type) CONTRACTOR'S FIRM ADDRESS: L C A &-.APf 1) UL M Name of Agent/Broker: ���`�(") �6 K K e,l' Agent / Broker (Signature) Address of Agent/Broker: ( (; `; �` f"`ti 1 �� t t I f City/State/Zip: LiAgent/Broker Telephone Number: ( ~� ! ) y � __ J 1 Date: 2` ;13 _ (J� NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Public Works Contracting Officer for the City of Lubbock at (806) 775-2163. [APROPOSAL # 08-730-BM — EASTPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS Page Intentionally Left Blank 2 SAFETY RECORD QUESTIONNAIRE >T The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO_j If the offeror lias indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty 3 assessed. Offeror's Initials 1 QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO )./-'_ If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO i-r If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: IJ Date of offense location where offense occurred i ty pe of offense, final disposition of offense, in any, and penalty assessed. Li ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me . this questionnaire will be investigated, with my full permission, and that any misrepresentations or omission may ca;e my proposal to be rejected. Signature Title 2 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-I10) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. 1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are 1 suspended or debarred by a Federal agency. ,b COMPANY NAME: -' r' '1` 1 'j . ir:�s� 1 t ,� - FEDERAL TAX I.D. No. Ui Li r'! Signature of Company Printed name of company official signing Date Si G Pame Intentionally Left Blank / L] PROPOSED LIST OF SUB -CONTRACTORS 1. 2. 3. 4. A 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Company Name and City Minority Owned Yes or No t4i(.BLaF,v i-VA g 0 Ec,(il 07*. W-TtAc, C P, 6 L-6, 1p, Wt P'"t..4-a 'Til. ❑ L. c, 6 -Tc Fl ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO No Text 1 POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Public Works Contracting Office Not Later Than TWO BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank Sep 26 2008 3:208M. 817-481-2369 P.2 FINAL LIST OF SUB -CONTRACTORS Company Name and City Minority Owned Yes oT No Pavetax Lubbock, TX cl IR 2.' Highway Technologies / Fort Worth, TX 0 3. Ewing Cable, Inc. I Amarillo, TX 0 l5t 4 W.X Paying / Lubbock. TX 0 5. K. W. Sharp, Inc / Lubbock, TX u x 6. O'Tool Supply Lubbock, TX 1 7. R.E. Janes Gravel Stanton. TX 9, E D 10. 0 0 11. 0 0 12' 0 0 13. Ll D 14. 0 0 15. 0 D 16. THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE So 4 A z 0 as H z w a _� � �,e„� _ . q �ti,R , �, —�r� ,� �.w ,..rc, ���,. , m � r� .�. � , , ��_.., m,... Paae Intentionally Left Blank z_1 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(s) OF THE TEXAS GOVERNMENT CODE .. (CONTRACTS MORE THAN $25,000) Bond No. TXC 78911 KNOW ALL MEN BY THESE PRESENTS, that Wright Construction Co., Inc. (hereinafter called the Principal(s), as Principal(s), and Merchants Bonding Company (Mutual) (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount o even Hundred Twenty Thousand Three Hundred Twenty S5811arS 5720,327.00 *** { )lawful money of the United States for the payment whereof, the said Principal and Surety bind. themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 6th day of November , 2008, to make water system improvements to Eastport Industrial Area and said Principal under the taw is required before coininencing 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 THL3 OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 11th day of November 2008. Merchants onding CMRany (Mutu Surety , Attorney -In -Fact Wright Construction Co., Inc. (Company Name) By: L. rna (Printed Flame) I OQ /i The undersigned surety company represents that it is duly qualified to do business in Texas, and here' designates Kevin J. Dunn an agent resident in Lubbock County to whole any requisite notices ma be delivered and on whom service of process may be had in matters arising Qut of such suretyship. Merchants Bonding Company (Mutual) Surety *By: -L ( e) Approved as to Form Kevin J. Dunn, Attorney-lr,-Fact P.O. Box 53910 City of Lubbock Lubbock, TX 79423 t By: City ttorney Dote: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showin, that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power o attorney for our files. kil 2 PERFORMANCE BOND I Pase Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.421(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Bond No. TXC 78911 KNOW ALL MIEN BY THESE PRESENTS, thayright Construction ►nc �Cj�ibreinafter called the principal(s), as Principal(s), and Merchants Bonding Company (Mutual) (hereinafter called the Suretty(s), as Surely(sl. are held and l"armly bound unto the City of Lubbock (hereinafter called the even Hundred wend Thousand Three Hundred Twenty Obligee), in the amount o 'oeoars (S 72�0,3217.00 **) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 6th day of November , 2008, to make water system improvements to Eastport Industrial Area "— Ind said principaf under the law is required before cornimencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the some 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 11th day of November 2008, Wright Construction Co. Inc. (Company Name) By: 1,11 �Ntam, (Printe— (Signature) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn 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. Approved as to form: MIWA- -.Lwwmkl� Merchants Bonding Company (Mutual) Surety By: (Tit �e) Kevin 4Dunn, Attorney -'In -Fact P.O. Box 53910 Lubbock, TX 79423 ly nmy Mote: 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. 2 1141rT +� 1 Merchants Bonding Company (Mutual) Nations Bonding Company Bond No. TXC 78911 KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Clydene Johnson, Dustin Parker, Kathy Sells and/or Carolyn J. Scott of Grapevine and State of Texas their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003. "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 16th day of January, 2006. •...... •V4DI IN-.. C,. •'O,OptPOq '• 2003 a STATE OF IOWA ' • • • . COUNTY OF POLKss. MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY By/-f-7 774— President On this 16th day of January, 20D6, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. Et CINDY SMYTHCommission Number 173604 CNy My Commission Expires March 16, 2005 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 11 th day of November, 2008 NBC 0103 (1/06) Secretary POWER OF ATTORNEY Merchants Bonding Company (Mutual) Nations Bonding Company Bond No. TXC 78911 KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized underthe laws of the Stale of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Angela S. Goff, Harold Binggeli, Mike Henthorn, Ron Stroman, Cara D. Hancock andlar Kevin J_ Dunn. of Lubbock and State of Texas their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) Dottars and to bind the Companies thereby as fully and to the same extent as if such bond or underiaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003. "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizanoes, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when to used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 11 th day of November, 2008 2003 • A o` to .. STATEOF"WVP% •••"• •• • COUNTY OF POLK ss. :• G '. . •O��,p�P 0 O�'�9 R • �•• Cry ��, •?G.,a ems'—:..'"'•.' _o_ c":�,,: • 1033 %e; MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY By /--r-7 7.a7,�Presideent On this 11 th day of November, 2008, before me appeared Larry Taylor, to me personally known, who being by me duly mom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. 4+. CIMDY SMYTH 1 Commission Number 173604 U oWr My Commission E�/ xpires March 16, 2005 Notary Public, Polk County, Iowa 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed it* seal of the Companies on this 11 th day of November, 2008 •'Z4D1 • � oRPt)q ��••. ,r 2003 NBC 0103 (1/06) Secretary 1 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. .ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (7/07) CERTIFICATE OF INSURANCE I t Page Intentionally Left Blank 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OD' LTR N R POLICY NUMBER PDOLICY EFFECTIVE POLICY EXPIRATION LIMITS $ IL GENERAL LIABILITY CLP3428177 11/29/2007 11/29/2008 i X ` COMMERCIAL GENERAL LIABILITY CLAIMS MADE �� OCCUR ' �--- EACHOCCURRENCE $ j. OOO OOO DAMAGE TO RENTED PREMISES Ea occurence $100000 IVIED EXP(Anyone person) $ (j OOO PERSONAL &ADV INJURY $ 1 000 000 !ix XCIJ iX EIPS Excluded GENERAL AGGREGATE $2 000 000 PRODUCTS-COMP/OP AGG $ 2 OOO OOO '_.I GEN'L AGGREGATE LIMIT APPLIES PER: S POLICY X I PROT- LOC JEC $ }AUTOMOBILE LIABILITY +CAP3517782 11/29/2007 11/29/2008 EX ( ANY AUTO j COMBINED SINGLE LIMIT j (Ea accident) [ $ 1, 000r OOO ALLOWNEDAUTOS I { SCHEDULED AUTOS k{ BODILY INJURY $ (Per person) 'X HIREDAUTOS k s NON -OWNED AUTOS BODILY INJURY (Per accident) $ E PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ( ANY AUTO f AUTO ONLY - EAACCIDENT $ OTHERTHAN EAACC S I t AUTO ONLY: AGG $ A i EXCESSIUMBRELLA LIABILITY QK09101136 11/29/2007 11/29/2008 X OCCUR CLAIMS MADE EACHOCCURREN_CE $ 1O OOO OOO AGGREGATE $,10, OOO 000 $ I I DEDUCTIBLE j X RETENTION $1 O 000 $ €€ $ WORKERS COMPENSATION AND WC 3517783 11/29/2007 11/29/2008 t EMPLOYERS' LIABILITY ,ER X 1 RYTAMIT OTH- E.L. EACH ACCIDENT $ 1, OOO QOO �— ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1, 0 0 0, 0 0 0 If yes, describe under SPECIAL PROVISIONS below i OTHER I E.L. DISEASE - POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS e: Eastport Industrial Area Water System Improvements Project No. 91082 The City of Lubbock is Additional Insured on a Primary/Non-contributory basis as respects General Liability, Auto Liability, and Umbrella Liability if required by written contract. Waiver of Subrogation applies in favor of same as respects General Liability, Auto Liability, Umbrella Liability, and Workers' Compensation if required by written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Lubbock BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE P.O. Box 2000 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Lubbock, TX 79457 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE nrtnan �a /�nn�rnQt OACORD CORPORATION 1988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/081 3 CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental Fli 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; (b) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. 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. 1 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 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (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 J paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. IL-31 Patie Intentionally Left Blank CONTRACT # 8657 STATE OF TEXAS -A COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 6"' day of November 2008 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 WRIGHT CONSTRUCTION CO., INC of the City of GRAPEVINE, County of'1'ARRANI' and the State of TEXAS hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and t 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: PROPOSAL # 08-730-BM — Eastport Industrial Area Water System Improvements - S 720,327 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. WRIGHT CONSTRUCTION CO. INC's proposal dated September 24, 2008 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, 1'exas in the year and day first above written. CONTRACTOR: CITY OF LUBBOCK, TEXAS (OWNER): Wright Construction Co., Inc. J By: MAYOR By: PRINTED TITLE: P Company Wright Construction Co., Inc. Address,601 W. Wall Street. City, State, Zip Grapevine, Texas 76051 ATTEST: c`�"�-4,� Corporate Secretary 1 ATTEST: City Secre ary r a ��r ,��r�..� GENERAL CONDITIONS OF THE AGREEMENT 1 Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT l . 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- WRIGHT CONSTRUCTION CO., INC who has agreed to perform the work partnership or corporation, to wit embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Wood Franklin, P.E., Chief Water Utilities Engineer, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 1 a 10. 11 12 13 CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 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. 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. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 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. LINES AND GRADES All lines and grades shall be furnished 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 Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative . at Contractor's expense. 2 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 t 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) r 5 calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as 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 p' 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 y inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor L 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. L-i 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all 1 18 20. 21. 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 i` work, shall be sustained and borne by the Contractor at its own cost and expense. 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. 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. 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. 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. 4 1 1 22. 23. 24 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. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations 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, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determned by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall s comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the ' Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance F 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. i i PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF { A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. _ 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. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation t required) The contractor shall have Comprehensive General Liability Insurance with limits of $5,000,000 Combined Single Limit in the aggregate and per occurrence to include: (can be obtained through Umbrella Insurance) n. C. Q E. Q Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury Heavy Equipment Endorsement X, C, U Endorsement Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $NOT REQUIRED on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverage's. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $ 500,000. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. ..,;� Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 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. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 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 Y 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 Yand 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 k 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; 1 (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 l; (2) a new certificate of coverage showing extension of coverage, prior to the end of ' the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. -' 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance_] carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: 10 (1) (2) (3) (4) (5) (6) (7) (8) (9) The name and address of the insured. The location of the operations to which the insurance applies. The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. 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. 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. If policy limits are paid, new policy must be secured for new coverage to complete project. 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; (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: 11 REQUIRED WORKERS'COMPENSA TION CO VERA GE (h) (iii) include in all contracts to provide services on the project the following language: "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (vwwtdistate.Mus) 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 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 servicesonon 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; "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: (vi) 1 f (1) a certificate of coverage, prior to the other person beginning work on the I project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; , retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 12 29 30 31. 32. (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. 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. 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 all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 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 offering. 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 proposing and any necessary changes shall be adjusted as provided in the contract for changes in 13 33 34. 35 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, I state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or ; subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar ..__ as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 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. 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 $400 (FOUR HUNDRED DOLLARS and 00/100) 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. �t IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT t TIME IS OF THE ESSENCE OF THIS CONTRACT. 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 j as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal,- provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's k 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. 14 The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE y The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or 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. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are IJ 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. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, 15 40 41 42. 43. against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising l from or growing out of the performance of this contract. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 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. 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. i s 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. 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 16 1 a 44. 45. 46. 47. 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. 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 31st 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. 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. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. 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. 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 17 48. denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of 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 proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, 18 shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, 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 or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 3 19 52. 53 54. 55. 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. 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. 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. 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. 20 56. NON -APPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 21 Page Intentionally Left Blank DAVIS-BACON WAGE DETERMINATIONS Pate Intentionally Left Blank 1 EXHIBIT A GENERAL DECISION: TX20080028 02/08/2008 TX28 Date: February 8, 2008 General Decision Number: TX20080028 02/08/2008 Superseded General Decision Number: TX20070028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 02/08/2008 * SUTX2004-001 11/09/2004 Rates Asphalt Distributor Operator...$ 9.25 Asphalt Heater Operator ........ $ 11.21 Asphalt paving machine operator$ 11.16 Asphalt Raker ..................$ 9.51 Broom or Sweeper Operator ...... $ 8.57 Bulldozer operator ...........$ 9.76 Carpenter ......................$ 12.61 Concrete Finisher, Paving ...... $ 13.26 Concrete Finisher, Structures..$ 11.20 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 Electrician ....................$ 17.00 Form Builder/Setter, Structures$ 9.26 Form Setter, Paving & Curb ..... $ 9.82 Front End Loader Operator ...... $ 10.52 Laborer, common ................$ 8.51 Laborer, Utility ...............$ 10.46 Mechanic .......................$ 16.85 Motor Grader Operator Rough .... $ 11.75 Motor Grader Operator, Fine Grade ................. .......$ 13.50 Planer Operator ................$ 13.36 Rni 1 er operator, Pneumat i r-., Self -Propelled .................$ 7.67 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 Scraper Operator ...............$ 8.50 Servicer .......................$ 8.98 Fringes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Slip Form Machine Operator ..... $ 13.64 0.00 Tractor operator, Pneumatic .... $ 12.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy -Float ..... $ 12.67 0.00 Truck driver, Single Axle, Heavy ..........................$ 8.50 0.00 Truck driver, Single Axle, Light ..........................$ 8.08 0.00 Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 0.00 Welder .........................$ 15.25 0.00 Work Zone Barricade Servicer... ---------------------------------------------------------------- $ 8.28 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 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 ¢F¢ �r F 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request J review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. f i I SPECIFICATIONS 1 Pate Intentionally Left Blank 1-1 EASPORT INDUSTRIAL AREA WATER SYSTEM IMPROVEMENTS TECHNICAL SPECIFICATIONS AUGUST 2008 TABLE OF CONTENTS DIVISION 0 — BIDDING REQUIREMENTS AND CONDITIONS OF CONTRACT MP FAA Mandatory Provisions GP FAA General Provisions DIVISION 1— GENERAL REQUIREMENTS 01010 Summary of Work 01011 Special Provisions 01019 Contract Considerations 01025 Measurement and Payment 01028 Change Order Procedures 01140 Work Restrictions 01300 Submittal Procedures 01322 Photographic Documentation 01356 Storm Water Pollution Prevention Measures 01400 Quality Requirements 01555 Barricades, Signs, and Traffic Handling 01576 Waste and Salvageble Material Disposal 01700 Contract Closeout DIVISION 2 — SITE WORK 02200 Removal, Demolition and Salvage 02260 Excavation Support and Protection 02317 Excavation and Backfill for Utilities 02320 Utility Backfill Materials 02511 Installation of Water Distribution System Components 02558 Water Works Piping, Valves and Fittings 02741 Hot -Mix Ahpalt Paving DIVISION 3 - CONCRETE 03300 Cast -in -Place Concrete DIVISION 15 MECHANICAL 15061 Water Taps 15063 Pipe: Copper 15064 Pipe: Plastic 15110 Speciality Valves: Insta-Valve System APPENDIX A Fire Hydrant Use Permit (Sample) B Barricade Street Use Permit (Sample) C Utility Work in Right -Of -Way Permit (Sample) D FAA Advisory Circular 700 Eastport Industrial Area TOC-1 August 2008 Water System Improvements 1 CONTRACT CONDITIONS FAA MANDATORY CONTRACT PROVISIONS AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: Eastport Industrial Area MP-1 August 2008 Water System Improvements f 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 (OFCCP), U.S. 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); (3) 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); and (4) 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). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the 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. 3. If the contractor is participating (pursuant to 41 CFR 50-4.5) 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 shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal r7 Eastport Industrial Area NV-2 August 2008 Water System Improvements Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite 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 or 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 contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female 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, Eastport Industrial Area MP-3 August 2008 Water System Improvements especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b 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 a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or 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 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 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. Eastport Industrial Area M -4 August 2008 Water System Improvements i= n. Ensure that all facilities and company activities are non -segregated 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 supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and 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 non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though 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. 10. 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. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. 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. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 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 Director shall proceed in accordance with 41 CFR 60-4.8. Eastport Industrial Area W-5 August 2008 Water System Improvements 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, 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. 15. 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 of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 1.Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or 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 the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may 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 in paragraph 2 above. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 Eastport Industrial Area NV-6 August 2008 Water System Improvements t , through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. DAVIS BACON REQUIltEMENTS 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work 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 the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis - Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Eastport Industrial Area MP-7 August 2008 Water System Improvements (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where ' appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will .,3 notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the fast day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2 Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to David -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as Eastport Industrial Area MP-8 August 2008 Water System Improvements may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in l(b)(2)(B) 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 l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005- 00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; Eastport Industrial Area W-9 August 2008 Water System Improvements (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of J work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3xii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3xi) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level Eastport Industrial Area MP-10 August 2008 Water System Improvements of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 1, In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. Eastport Industrial Area MP-11 August 2008 Water System Improvements i The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(axl) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance With Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the Eastport Industrial Area ,LIP-12 August 2008 Water System Improvements u 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which s/he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. END OF SECTION Eastport Industrial Area MP-13 August 2008 Water System Improvements iI L 9/29/2007 AC 150/5370-IOC PART II - GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. Eastport Industrial Area GP-1 August 2008 Water System Improvements i. 9/29/2007 AC 150/5370-IOC 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the -' contract. i 10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering inspection of the contract work and acting directly or through an authorized representative. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-23 FORCE ACCOUNT. Force account construction work is construction that is accomplished through the use of material, equipment, labor, and supervision provided by the Owner or by another public agency pursuant to an agreement with the Owner. 10-24 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-25 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words Eastport Industrial Area GP-2 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-26 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. 10-27 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-28 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-29 MATERIALS. Any substance specified for use in the construction of the contract work. 10-30 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-31 OWNER. The term "Owner" shall mean the party of the first part or the contracting agency signatory to the contract. For AIP contracts, the term "sponsor" shall have the same meaning as the term "Owner." Where the term "Owner" is capitalized in this document, it shall mean airport owner or sponsor only. 10-32 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-33 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-34 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-35 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-36 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-37 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. Eastport Industrial Area GP-3 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC 10-38 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the Owner. is 10-39 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-40 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically.-_, 10-41 SPONSOR. See definition above of "Owner." 10-42 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise r r classified herein. 10-43 SUBGRADE. The soil that forms the pavement foundation. 10-44 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. R . 10-45 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner covering (1) work that would increase or decrease the total amount of the awarded contract, or { any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded J contract. 10-46 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-47 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-48 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 10-49 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract when work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. END OF SECTION 10 Eastport Industrial Area GP-4 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). See Notice and/or Instruction to Bidders found previously in the project documents. 20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the Owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the Owner at the time of bid opening. 20-03 CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the proposal to a prospective bidder. c. Contractor default under previous contracts with the Owner. d. Unsatisfactory work on previous contracts with the Owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for Eastport Industrial Area GP-5 August 2008 H9, Water System Improvements 9/29/2007 AC 150/5370-IOC comparison of proposals and the award of the contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual i quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. i He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be �y F encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. -T 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms ' furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office , - address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and J the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firtn or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: a. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind- i that make the proposal incomplete, indefinite, or otherwise ambiguous. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. is e. If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such r waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. i Eastport Industrial Area GP-6 August 2008 Water System Improvements f_, 9/29/2007 AC 150/5370-IOC 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. c. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. END OF SECTION 20 Eastport Industrial Area GP-7 August 2008 Water System Improvements AC 150/5370-IOC I SECTION 30 d - AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: a. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. b. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 60 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shalt be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the Eastport Industrial Area GP-9 August 2008 Water System Improvements AC 150/5370-IOC fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner. END OF SECTION 30 Eastport Industrial Area GP-10 Water System Improvements August 2008 Ly i' 9/29/2007 AC 150/5370-IOC SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations that do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations that are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. 40-03 OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called "Extra Work." Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such Extra Work. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Eastport Industrial Area GP -II August 2008 Water System Improvements _, 9/29/2007 AC 150/5370-IOC Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagperson, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the Owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: Eastport Industrial Area GP-12 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC i + a. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the Engineer; or c. Use such material for his/her own temporary construction on site; or, d. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option a., b., or c., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option a., b., or c. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. END OF SECTION 40 Eastport Industrial Area GP-13 August 2008 Water System Improvements AC 150/5370-IOC t-J SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions that may arise as to the interpretation of the specifications or plans relating to the work. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a fmished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority, after consultation with the FAA, to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. The Engineer will not be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory Eastport Industrial Area GP-15 August 2008 Water System Improvements AC 150/5370-IOC circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. LIST OF SPECIAL PROVISIONS Administrative and procedural requirements for: Owner Airport Operations Security Preconstruction Conference. Project Sequence Project Signs. Contractor's Superintendent's Field Office. Contractor Responsibilities Project video. Project photographs. Water for Construction. Historical and archeological fords. Project Coordination. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with five copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. Eastport Industrial Area GP-16 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as _f his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her 1` authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Not Used. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. , Inspectors employed by the Owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or Eastport Industrial Area GP-17 August 2008 Water System Improvements i__ 9/29/2007 AC 150/5370-IOC i examined rove unacceptable, the uncovering, or removing, and the replacing of the covering or making P P g, g, P g g g good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. t Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work that does not i conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in • the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection£ titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. No removal work made under provision of this subsection shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under' the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be. } remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained { in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. ' All costs of maintenance work during construction and before the project is accepted shall be included in r; t the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. t Eastport Industrial Area GP-18 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification u shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby'agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. END OF SECTION 50 Eastport Industrial Area GP-19 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC Eastport Industrial Area GP-20 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. Unless otherwise designated, all materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. END OF SECTION 60 Eastport Industrial Area GP-21 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: NOT APPLICABLE Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. NOT APPLICABLE 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be Eastport Industrial Area GP-23 August 2008 Water System Improvements s_ 9/29/2007 AC 150/5370-IOC necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified, barricades, warning signs, and markings for hazards that are in the air operations area shall be a maximum of 18 inches high. Unless otherwise specified, barricades shall be spaced not more than 25 feet apart. Barricades, warning signs, and markings shall be paid for under Section 40-05. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Standards for Airport Markings. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. Use of explosives shall not be permitted. Eastport Industrial Area GP-24 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC is 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The ` Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. k, The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his/her surety may be held until such suit(s), action(s), or claim(s) for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non - execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and Eastport Industrial Area GP-25 August 2008 Water System Improvements i i 3 9/29/2007 __. AC 150/5370-IOC tJ shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or, facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: CITY OF LUBBOCK Airport Deputy Director: Steve Nicholson, office # (806) 775-2036 Operations Supervisor: Renee Whicker, office # (806) 775-3144, cell # (806) 787-1027 Field Maintenance: Steve Hemmeline, office # (806) 775-2040, cell # (806) 777-7034 Water Department Locate: David Ockerman, office # (806) 775-3161, cell # (806) 548-4152 Emergency: Randy Rathael, office # (806) 775-2950, cell # (806) 458-4167 LP&L Locate: Greg Pillow, cell # (806) 777-0416 Emergency: (806) 775-2555 The following utilities are contacted through DIG-TESS 1-800-344-8377 ATMOS ENERGY Emergency # 1-800-692-4694 AT&T Emergency # 1-800-286-8313 XCEL Emergency # 1-800-895-19" South Plains Electric Cooperative Emergency # 1-800-344-8377 It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in Eastport Industrial Area GP-26 August 2008 Water System Improvements . x 9/29/2007 AC 150/5370-IOC writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the 1 subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy -, of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the F Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Owner to ' + suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the t ' Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, -he shall immediately notify the proper authority and the Engineer and shall take all reasonable r E measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-15.1 FAA FACILITIES AND CABLE RUNS. The Contractor is hereby advised that the construction limits of the project may include existing facilities and buried cable runs that are owned, operated and maintained by the FAA. The Contractor, during the prosecution of the project work, shall i comply with the following: a. The Contractor shall permit FAA maintenance personnel the right of access to the project work site for purposes of inspecting and maintaining all existing FAA owned facilities. b. The Contractor shall notify the above named FAA Airway Facilities Paint -of -Contact seven (7) 3 calendar days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing buried cables and to schedule any required facility outages. c. If prosecution of the project work requires a facility outage, the Contractor shall contact the above named FAA Point -of -Contact a minimum of 48 hours prior to the time of the required outage. S Eastport Industrial Area GP-27 August 2008 Water System Improvements s 9/29/2007 _ AC 150/5370-10 d. If prosecution of the project work results in damages to existing FAA equipment or cables, the Contractor shall repair the damaged item in conformance with FAA Airway Facilities' standards to the satisfaction of the above named FAA Point -of -Contact. e. If the project work requires the cutting or splicing of FAA owned cables, the above named FAA Point -of -Contact shall be contacted a minimum of 48 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA Airway Facilities representative on site to observe the splicing of the cables as a condition of acceptance. All cable splices are to be accomplished in accordance with FAA Airway Facilities' specifications and require approval by the above named FAA Point -of -Contact as a condition of acceptance by the Owner. The Contractor is hereby advised that FAA Airway Facilities restricts the location of where splices may be installed. If a cable splice is required in a location that is not permitted by FAA Airway Facilities, the Contractor shall furnish and install a sufficient length of new cable that- eliminates the need for any splice. 70-16 FURNISHING RIGHTS -OF -WAY. The Owner will be responsible for furnishing all rights -of - way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object that is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either resume his/her operations or to suspend operations as directed. Eastport Industrial Area GP-28 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION'70 Eastport Industrial Area GP-29 August 2008 Water System Improvements I-f '° 9/29/2007 AC 150/5370-IOC SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. 80-04 LEMTATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport operations (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA (AOA) of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA cannot be Eastport Industrial Area GP-31 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC 1' closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore ` be closed to aircraft operations intermittently as follows: THIS PROJECT WILL NOT REQUIRE WORK TO BE PERFORMED WITHIN THE AOA Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction (See Special Provisions). 80-04.1 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All Contractors'z operations shall be conducted in accordance with the project safety plan and the provisions set forth within the current version of Advisory Circular 150/5370-2. The safety plan included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a plan that details how it proposes to comply with the requirements presented within the safety plan. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks of the safety plan measures to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. �. The Contractor shall assure that all subcontractors are made aware of the requirements of the safety plan and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved safety plan unless approved in writing by the J Owner or Engineer. Pi 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations - and, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the 1 Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. s Eastport Industrial Area GP-32 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: Eastport Industrial Area GP-33 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC a. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have f been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, 12 hours shall be used. Should the normal work force be on a triple -shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the contract time on the fast working day after the effective date of the notice to proceed. (4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. b. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that Eastport Industrial Area GP-34 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. c. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded which could normally be expected during the contract period. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his/her contract. Refer to SECTION 01010 SUMMARY OF WORK for details on allowed Construction time and liquidated damages cost. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the prosecution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or Eastport Industrial Area GP-35 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of f l anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent -� being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in _ the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. ; Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. ?1 80-11 WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS. The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway, or Air Operations Area (AOA) shall be crossed, entered, or obstructed while Eastport Industrial Area GP-36 August 2008 Water System Improvements 9/29/2007 AC 150/5370-IOC it is operational. The Contractor shall plan and coordinate his/her work in such a manner as to insure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be outside of the airport security perimeter. No equipment will be allowed to park within the ;.f approach area of an active runway at any time. No equipment shall be within the runway safety area at any time. END OF SECTION 80 Eastport Industrial Area GP-37 August 2008 Water System Improvements 1' 9/29/2007 AC 150/5370-IOC SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled - NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly Eastport Industrial Area GP-38 August 2008 Water System Improvements s vl 9/29/2007 AC 150/5370-IOC ry from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. a. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. c. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: (1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. (3) Quantities of materials, prices, and extensions. (4) Transportation of materials. (5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Eastport Industrial Area GP-39 August 2008 hi Water System Improvements s 9/29/2007 AC 150/5370-IOC Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Not Used. 90-08 PAYMENT OF WITHHELD FUNDS. Not Used. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section "50, the Contractor shall prepare the application for final payment for the items of work actually performed. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Engineer's receipt of the Contractor's final payment application. END OF SECTION 90 LJ Eastport Industrial Area GP40 August 2008 Water System Improvements w 0 I DIVISION 1 SECTION 01010 SUMMARY OF WORK PART 1- GENERAL 1.1 SECTION INCLUDES A. Project Description. C. Permits and Licenses D. Project Schedule E. Warranty 1.2 RELATED SECTIONS A. Section MP — Mandatory Provisions B. Section GP — General Provisions. C. Section 01011— Special Provisions. 1.3 PROJECT DESCRIPTION A. This Project involves the change -out of deteriorated cast iron water pipelines in Airport Industrial Area bounded by East Bluefield Street on the South, David Avenue on East and the Airport tarmac on west and north. Major Work items in the Project include installation of approximately 11,000-ft 8-in waterline, appurtenant valves and fire hydrants, abandonment of existing waterlines and other items as detailed in the Contract Documents. 1.4 PERMITS AND LICENCES A. Contractors shall submit copies of all permits, licenses and similar permissions obtained, and receipts for fees paid, to Engineer. List of such permits may include Stormwater Pollution Prevention Plan, Traffic Control Plan, Airport security access licenses, Work Permit in Right -of -Ways, and Fire Hydrant Meter Use Permit. 1.5 PROJECT SCHEDULE A. The Work of this Project shall be substantially completed within 200 calendar days from the date of the Notice to Proceed. There shall be $400 per day liquidated damages assessed for each day that exceeds the 200 day limit. B. Within five business day after the date of the Substantial Completion Certificate, the Engineer shall issue a Final Punch List of items to be corrected prior to Final Completion. Punch list items shall be completed within 50 calendar days from the date of the Final Punch List. There shall be $200 day liquidated damages assessed for each day. that exceeds the 50 day limit. Eastport Industrial Area 01010-1 August 2008 Water System Improvements 1.6 WARRANTY A. Contractor shall warrant 100 percent of the project for one (1) year after the date of Substantial Completion Certificate. PART 2—PRODUCTS Not Used PART 3 — EXECUTION Not Used END OF SECTION Eastport Industrial Area 01010-2 August 2008 Water System Improvements SECTION 01011 SPECIAL PROVISIONS PART 1- GENERAL 1.1 SUMMARY l A. Section Includes: 1. Administrative and procedural requirements for: 1 1. Owner 2. Airport Operations Security 3. Preconstruction Conference. 4. Project Sequence 5. Project Signs. 6. Contractor's Superintendent's Field Office. 7. Contractor Responsibilities 8. Project video. 9. Project photographs. 10. Water for Construction. 11. Historical and archeological finds. 12. Project Coordination. ' B. Related Sections include but not necessarily limited to: 1. Division 1— General Requirements 1.2 OWNER A. Owner: City of Lubbock, 1625 13a` Street, Lubbock, Texas 79457 a. Owner's Representative: Wood Franklin, P.E., City of Lubbock, P.O.Box 2000, Lubbock, Texas 79457 b. All correspondence, submittals, payment application shall be addressed to: Zoltan Fekete, P.E., P.O. Box 2000, Lubbock, Texas 79457 1.3 AIRPORT OPERATIONS SECURITY A. The following security guidelines and the rules and regulations of the Lubbock Preston Smith International Airport Police Department (LBBPD) and Federal Aviation Administration (FAA) shall be followed by all times by the Contractor and Contractor's agents at all times during the execution of this project. B. The Contractor shall be directly responsible for all fines or penalties levied against the Airport because of any breach of security or safety caused by the Contractor or the Contractor's employees, subcontractors, suppliers or representatives. C. At least one responsible individual must pass all applicable background checks and training courses prior to commencing any work inside the fence. Once this process is complete, the individual will receive an airport -issued form of identification media that must be worn inside the fence line at all times on their outer -most garment. D. The identification media will be returned to Airport Operations Department upon completion of the project or on the badge expiration date, whichever comes first. E. The identification media will allow this individual to escort others onto the area immediately inside the perimeter fence. Eastport Industrial Area 01011-1 August 2008 Water System Improvements I . F. The individual with the identification media will be held accountable for the actions of all those under escort and must be present at all times when escorted workers are inside the perimeter fence. The background checks include a complete, verified 5-year employment check and a Security Threat Assessment (STA) by TSA. When the individual clears the applicable background checks they will attend and successfully complete an airport training course prior to the receipt of airport -issued identification media. G. Challenging Unauthorized Personnel or Vehicles: The Contractor and Contractor's employees, subcontractors, and suppliers shall be responsible for challenging any persons or vehicles found on the AOA or other non-public areas who is not displaying a valid LBBPD security badge or p p Y� g ty g who is not under escort or not under the direct supervision of a person possessing a valid security 1 a; badge. 1.4 PRECONSTRUCTION CONFERENCE A. A Preconstruction Conference shall be held at time and place designated by the Owner. B. Contractor's Project Manager and Project Superintendent shall attend. 1.5 PROJECT SEQUENCE A. Contractor shall sequence construction as to minimize duration and frequency into AOA security perimeter. 1.6 PROJECT SIGNS A. Optional - Furnish and install project sign as approved by Owner. B. Install in location approved by Owner. C. Signs not listed in these Specifications permitted only upon approval of Owner. 1.7 CONTRACTOR'S SUPERINTENDENT'S FIELD OFFICE A. Optional — Contractor shall arrange for a site and all required utilities if a field office is desired. B. Remove field office from site upon acceptance of the entire work by the Owner. 1.8 CONTRACTOR'S RESPONSIBILITIES A. Contractor shall submit to Engineer copies of approved SWPPP, Traffic Control Plan, Alley Use Permit, Airport -issued form of identification media and other required licenses and permits. B. Contractor shall be responsible for staking and surveying from Owner established control points C. as required to complete Work. Contractor shall restore any disturbed existing landscaping and irrigation systems to prior condition. D. Contractor shall enlist services of a licensed plumber to perform all private side plumbing beyond the meter as required by the most recent pluming code. E. Contractor shall backfill and compact all excavations in accordance with the most recent Design and Construction Standard of the City of Lubbock. In place density test result shall be submitted to Engineer no later than two working days from the time the test was performed. F. As -Built or Record Drawings: 1. Contractor shall maintain a record of Contract Documents in a safe place on Site with written interpretation and clarifications in good order and annotated to show changes made during construction. 2. Upon completion of the Work, completed record documents shall be delivered to Engineer for Owner. G. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connections with the Work. Eastport Industrial Area 01011-2 August 2008 Water System Improvements H. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be prevention of accidents and maintenance and supervision of safety precautions and programs. 1.9 PROJECT VIDEO A. With company of Owner's Representative, perform video recording along entire pipeline route prior to construction and upon final approval: B. Submit copies of each recording to Engineer. 1.10 PROJECT PHOTOGRAPHS A. At least twice each month during construction of Work, take at least 10 but not more than 20 progress photographs as directed by the Owner's Representative. Refer to Section 01322. 1.11 WATER FOR CONSTRUCTION A. Contractor shall pay deposit and secure fire hydrant meter from Owner for water. Refer to Section 01140 Paragraph 1.6 and Appendix A. 1.12 HISTORICAL AND ARCHEOLOGICAL A. If during the course of construction, evidence of deposits of historical or archeological interest is found, the Contractor shall cease operations affecting the find and shall notify the Owner. 1.13 PROJECT COORDINATION: A. Contractor's shall coordinate work with the following agencies: CITY OF LUBBOCK Airport - Deputy Director: Steve Nicholson, office # (806) 775-2036 Operations Supervisor: Renee Whicker, office # (806) 775-3144, cell # (806) 787-1027 t_� Field Maintenance: Steve Hemmeline, office # (806) 775-2040, cell # (806) 777-7034 Water Department - Inspection / Locate: David Ockerman, office # (806) 775-3161, cell # (806) 548-4152 Emergency: Randy Rathael, office # (806) 775-2950, cell # (806) 458-4167 Water Meter Relocation: Paul Nolen, office # (806)775-2747 r Fire Hydrant Meter Permit: Tammy Vander Kuy, office # ( 806 755-2989 Engineering: Zoltan Fekete, P.E., office # (806) 775-3317 ) Street Right -of -Way- i Stephanie Nichols, office # (806) 775-3156 Traffic Engineering- l , Sharmon Owens, P.E., office # (806) 775-2134 Storm Water Engineering - Mike Keenum, P.E., office # (806)775-2393 LP&L- Locate: Greg Pillow, cell # (806) 777-0416 Emergency: (806) 775-2555 Eastport Industrial Area 01011-3 August 2008 Water System Improvements The following utilities are contacted through DIG-TESS 1-800-344-8377 ATMOS ENERGY Emergency # 1-800-692-4694 AT&T Emergency # 1-800-286-8313 XCEL Emergency # 1-800-895-1999 South Plains Electric Cooperative Emergency # 1-800-344-8377 PART 2 — PRODUCTS Not Used PART 3 — EXECUTION Not Used END OF SECTION Eastport Industrial Area 010114 August 2008 Water System Improvements SECTION 01019 CONTRACT CONSIDERATIONS PART 1— GENERAL 1.1 SECTION INCLUDES A. Schedule of Values B. Application for Payment 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 10`h day of each month. Include an updated construction progress schedule, materials received, and manifest. D. Submit the following along with the application for final payment: a. The documentation for the completed project. b. Signed affidavit from a Notary Public that all claims on this job have been settled and that all bills owed by the Contractor for the project including materials and labor have been paid. c. Contractor warranties for this job shall be signed and sealed by a Notary Public. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Eastport Industrial Area 01019-1 August 2007 Water System Improvements L r �v SECTION 01025 MEASUREMENT AND PAYMENT PART 1— GENERAL A. The bid price 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. 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 prices on the various items. 1.1 UNIT COST ITEMS Unit cost items, not otherwise included in this section to be paid for at unit cost per unit shall include all work and materials involved in the installation within the limits designated on the plans. Measurements shall be made in units shown on the Proposal Sheet. All work so included shall be installed, constructed or performed as shown on the drawings and/or specified. 1.2 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 s included shall be installed, constructed or perfomed as shown on the drawings and specified herein. 1.3 FINAL CLEANUP (INCIDENTAL COST TO ALL BID ITEMS) The Contractor shall make 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 material and in general preparing the site of the work in an orderly manner. The cost of cleanup shall be included as part of the cost of the various work items of work involved and no direct compensation will be made for this work. 1.4 UTILITY ADJUSTMENTS No separate payment will be made for utility adjustments. The cost of adjusting or repairing existing utilities shall be considered incidental to the applicable pay items. 1.5 SURVEYING No separate payment shall be made for construction surveying. The cost of surveying shall be included in the bid prices of the applicable pay items. PART 2—PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Eastport Industrial Area 01025-1 August 2008 Water System Improvements j f 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 01300 — Submittals: Work schedule C. Section 01700 — Contract Closeout 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 SUMJPRICE 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 a cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. 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: a. Origin and date of claim. b. Dates and times work was performed, and by whom. c. Time records and wage rates paid. Eastport Industrial Area 01028-1 August 2008 Water System Improvements i d. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 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. The Contractor will prepare and submit an estimate within seven (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. 1.6 CONSTRUCTION CHANGE AUTHORIZATION A. The 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 the 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 the 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. The 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 Eastport Industrial Area 01028-2 August 2008 Water System Improvements A. Execution of Change Order: The Engineer will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to records each authorized Change Order as a separate line item and adjust the Contract Sum/Price. B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Eastport Industrial Area 01028-3 August 2008 Water System Improvements SECTION 01140 WORK RESTRICTIONS PART 1— GENERAL 1.1 SECTION INCLUDES A. Use or premises B. Special scheduling requirements C. Working period D. Water for construction 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and other Division 1 Specification Sections, apply to this Section. 1.3 USE OF PREMISES A. Use of site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. a. Limits: Confine construction operations to within the limits of the construction easement or right-of-way as shown on plans. b. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to employees and emergency vehicles at all times, except when construction is immediately at that vicinity. Do not use these areas for parking or storage of materials. i. Schedule construction to minimize obstruction of driveways and entrances. ii. Provide commercial and industrial occupants with at least one (1) driveway suitable for traffic in and out of the location when obstructions are inevitable. Some additional requirements are noted on the plans for some affected driveways. 1.4 SPECIAL SCHEDULING REQUIREMENTS A. Have materials, equipment, and personnel required to perform the work at the site prior to the commencement of the Work. B. Permission to interrupt a utility service shall be requested in writing a minimum of fourteen (14) calendar days prior to the desired date of interruption. C. The work under this contract requires special attention to the scheduling and conduct of the work in connection with the existing operations. Identify on the construction schedule each factor which constitutes a potential interruption to operations. 1.5 WORKING PERIOD Eastport Industrial Area 01140-1 August 2008 Water System Improvements A. Working Hours: Regular working hours shall be within a thirteen (13) hour period between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on , Saturdays and Sundays must be authorized by the Engineer as noted in paragraph 1.5.B. The Owner reserves the right, at the Owner's discretion, to disallow work when it interferes with holiday times and traffic. No work shall be performed on the following holiday periods or days: ' a. New Year's Day b. Good Friday Holiday c. Memorial Day Holiday d. Independence Day Holiday e. Labor Day Holiday f. Thanksgiving Day Holiday plus the day before and the three days following Thanksgiving Day. g. Christmas Week. If Christmas Day falls on Saturday, this will be defined as the week leading to Christmas Day. If Christmas Day falls on Sunday, this will be defined as the week following Christmas Day plus the Friday and Saturday prior to Christmas Day. B. Work outside Regular Hours: Work outside regular working hours requires the Engineer's approval. Make application three (3) calendar days prior to such work to allow arrangements to be made by the Engineer for inspecting the work in progress, giving the specific dates, hours, location, type of work to be { performed, contract number, project title, and state that the Contractor agrees to pay the City for the related personnel expenses including salary, overtime, and benefits. Based on the justification provided, the Engineer may approve work IJ outside regular hours. During periods of darkness, the different parts of the work shall be lighted in a manner approved by the Engineer. Lighting shall be such that it does not cause nuisance conditions. 1.6 WATER FOR CONSTRUCTION A. Obtaining Fire Hydrant Meter for construction is the Contractor's responsibility. B. Owner shall pay for water used by Contractor for construction purposes. C. Water is available from the potable water system of the City of Lubbock for construction purposes. The Contractor shall make such arrangements directly with the City of Lubbock Water Utilities Department. D. This section does not preclude the Contractor from seeking other water sources for use in construction. Such water resources shall meet the purity requirements for the intended use. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 Not Used END OF SECTION Eastport Industrial Area 01140-2 August 2008 Water System Improvements 1 SECTION 01300 SUBMITTAL PROCEDURES PART 1— GENERAL 1.1 SECTION INCLUDES A. Submittal procedures B. Construction progress schedules C. Proposed products list D. Shop drawings E. Product data F. Samples G. Manufacturers' instructions H. Manufacturers' certificates I. Construction photographs 1.2 RELATED SECTIONS A. Section 01700 — Contract Closeout 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address, and phone number. B. Identify Project, Contractor, Subcontractors or Suppliers; pertinent Drawings sheet and detail number(s), and specification Section number, as appropriate. C. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. a. The Owner and Engineer reserve the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. D. Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on the Owner or Engineer's receipt of submittal. a. Allow fifteen (15) days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. The Owner or Engineer will advise the Contractor when a submittal being processed must be delayed for coordination. b. If more than five (5) submittals are transmitted for review within any five (5) day period, the time allowed for review will be increased to twenty-one (21) days. c. Where concurrent review of submittals by the Engineer, Owner, or other parties is required, allow twenty-one (21) days for initial review of each submittal. d. If intermediate submittal is necessary, process it in same manner as initial submittal. Eastport Industrial Area 01300-1 August 2008 Water System Improvements e. Allow fifteen (15) days for processing each resubmittal. Each resubmittal will count toward the submittal count in a five (5) day period in paragraph 1.3.D.b above. f. No extension of the Contract Time will be authorized because of failure to transmit submittals sufficiently in advance of the Work to permit processing. 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 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. I. Use only final submittals with mark indicating action taken by Owner or Engineer in connection with the construction. J. Submittals not requested will not be recognized or processed. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required and resubmit to meet requirements as specified. B. Mark as RESUBMI TTAL. C. Re -use original transmittal number and supplement with sequential alphabetical suffix for each re -submittal. PART 2 — PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by " individual Specification Sections. a. Number of Copies: Submit three (3) copies of each submittal, unless otherwise indicated. The three (3) copies will be retained by the Owner or Engineer. Any additional copies that the Contractor may need for his operations will be in addition to the three (3) copies required. B. Proposed Products List a. Within fifteen (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 or catalog designation, and reference standards. b. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. C. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. a. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. b. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. c. Include notation of special coordination requirements for interfacing with adjacent work. Eastport Industrial Area 01300-2 August 2008 Water System Improvements a I d. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 — Contract Closeout. D. Samples: Prepare physical units of materials or products, including the following: a. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. b. Submit samples of finishes from the full range of manufacturers' standard colors or in custom colors, textures, and patterns, as specified, for Engineer's selection. c. Where variations in color, pattern, or texture are inherent in the material or product, submit multiple samples to indicate the approximate range or variations. d. Include full Project information and identification of manufacturer, model number, type, style, and color on each sample. e. Submit the number of copies or samples specified in individual specification Sections; one of which will be retained by the Engineer. f. Reviewed samples which may be used in the Work are indicated in individual specification Sections. 2.2 INFORMATION SUBMITTALS A. 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. c. Indicate special procedures, conditions requiring special attention and special environmental criteria required for application or installation. B. Manufacturer's Certificates a. When specified in individual specification Sections, submit manufacturers' certificate to 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 the Engineer. C. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity cover by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. Eastport Industrial Area 01300-3 August 2008 Water System Improvements �a, i 1 A. Field Office Prints: Retain one set of prints of preconstruction photographs in the field office at the Project site, available at all times for reference. Identify photographs the same as those submitted to the Engineer. 3.2 CONSTRUCTION PHOTOGRAPHS A. Preconstruction Photographs: Before starting construction, take color photographs of Project site and surrounding properties from different vantage points, or as directed by the Engineer. a. Take photographs to show existing conditions adjacent to the property before starting the Work. b. Take photographs of existing structures either on or adjoining the property to accurately record the physical conditions at the start of construction. B. Periodic Construction Photographs: As needed to document damage either directly related to or inadvertently related to the Contractor's operations, photograph the area in question and provide to the Engineer. Eastport Industrial Area Sports Complex END OF SECTION 01322-2 August2008 SECTION 01356 STORM WATER POLLUTION PREVENTION MEASURES PART 1— GENERAL 1.1 GENERAL A. The Contractor shall implement, maintain, and update the Storm Water Pollution Prevention measures specified in the Storm Water Pollution Prevention Plan (SWP3) in a manner, which will meet the requirements of the Texas Pollution Discharge Elimination System (TPDES) General Permit No.TXR150000. The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, failure to adequately implement and adjust the storm water pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or any other fines or penalties assess by TCEQ or the EPA for failure to comply with any part of the permit requirements. The Contractor shall submit a Notice of Intent and a Notice of Termination independently of the Owner. B. Fines leveled against the Owner by the TCEQ or the EPA for the Contractor's failure to comply with and maintain the SWP3 shall be paid by the Contractor. PART 2 — PRODUCTS Not Used PART 3 — EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN A. Storm Water Pollution Prevention Plan will be provided by the Contractor as required. Contractor must keep a copy of the SWP3 on site at all times. END OF SECTION Eastport Industrial Area 01356-1 August 2008 Water System Improvements SECTION 01576 WASTE AND SALVAGE MATERIAL DISPOSAL PART 1— GENERAL 1.1 SECTION INCLUDES A. Disposal of waste material and salvageable material. 1.2 RELATED SECTIONS A. Section 02050 — Removal, Demolition, and Salvage. 1.3 SUBMITTALS A. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. PART 2—PRODUCTS Not used PART 3 — EXECUTION 3.1 SALVAGEABLE MATERIAL A. Salvageable Materials: Salvaged fire hydrants shall be palletized and delivered to the City of Lubbock Water Operations Salvage Yard, 402 Municipal Drive, Lubbock, Texas. B. Coordinate the delivery of salvaged material to above specified location with the Engineer. 3.2 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of the Contractor and shall be removed from the job site and legally disposed of at a proper facility such as the West Texas Region Disposal Facility (WTRDF). a. Excess material may be disposed at the WTRDF. There will be a tipping fee of $28.50 per ton for construction debris and for excess uncontaminated soil. For a complete list of fees associated with the WTRDF, please go to the City's website at httn://solidwaste.ci.Lbbock.tx.us/dignsal/disfees.htm. All tipping fees shall be considered to be included in the Contractor's bid prices in accordance with specification Section 01020. B. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION Eastport Industrial Area 01576-1 August 2008 Water System Improvements SECTION 01700 CONTRACT CLOSEOUT PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division 1— General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures B. Final cleaning C. Project record documents D. Operations and maintenance data E. Warranties F. Spare parts and maintenance materials. 1.3 CLOSEOUT PROCEDURES A. Contractor shall submit written certification that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Engineer shall schedule Substantial Completion Inspection. C. Engineer shall prepare Punch List of items to be completed necessary for Final Completion. D. Contractor shall promptly remedy all deficiencies prior to Final Inspection and submit written notice when work is completed. 1.4 FINAL CLEANING A. Execute final cleaning prior to substantial completion inspection. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. D. Repair, patch, and touch-up marred surfaces to match adjacent finishes. 1.5 PROJECT RECORD DOCUMENTS t- � A. Maintain on site, one set of the following record documents; record actual revisions to the Work a. Contract Drawings b. Specifications c. Addenda d. Change Orders and other Modifications to the Contract e. 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: Eastport Industrial Area 01700-1 August 2008 Water System Improvements a. Manufacturer's name and product model and number. b. Product substitutions or alternates utilized. c. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: a. Measured horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. b. Field changes of dimension and detail. c. Details not on original Contract Drawings. d. Changes made by Addenda and Modifications. F. Submit copies to the Engineer with claim for final Application for Payment. 1.6 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.7 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to project site and place in location as directed; obtain receipt prior to final payment. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Eastport Industrial Area 01700-2 August 2008 Water System Improvements DIVISION 2 SITE WORK I [I SECTION 02050 DEMOLITION, REMOVAL, AND SALVAGING OF EXISTING MATERIALS PART 1— GENERAL 1.1 GENERAL This item shall consist of demolition, removal, and salvage or disposal of certain portions of existing paving materials, including existing asphalt surfacing and base material and existing concrete median, in accordance with these specifications and in conformity with the dimensions and typical cross sections shown on the plans and with the lines and grades established for the project. 1.2 CLASSIFICATION Materials to be removed may consist of asphaltic concrete, caliche base, and concrete paving. No consideration shall be given to differences in thickness or volume of material for each material removed. All pavement of each type to be removed shall be considered as being the same and equal and no consideration shall be given to differences in thickness of material. PART 2 — PRODUCTS Not Used PART 3 — EXECUTION 3.1 GENERAL Where applicable, all lines separating pavement to be removed from that to remain in place shall be cut neatly and in a straight line, or shall be separated at an existing expansion or construction joint. Cuts shall be made by means of sawing or other methods approved by the Owner's Representative which will produce a satisfactory edge. In no case shall the line be cut with a motor grader blade. 3.2 REMOVING EXISTING ASPHALT SURFACING AND BASE MATERIAL All existing materials to be removed and disposed of under this item shall be removed by the Contractor, and shall be disposed of in appropriate disposal areas off the Owner's property. Removal operations shall be accomplished in such a manner to minimize disturbance of existing underlying courses and adjacent pavement structures or improvements to remain in place. Any underlying courses disturbed during removal operations shall be reworked, recompacted, and regarded to the satisfaction of the Engineer. Any damage to adjacent pavement structures or improvements to remain in lace shall be repaired to the satisfaction of the Engineer. END OF SECTION Eastport Industrial Area 02050-1 August 2008 Water System Improvements SECTION 02260 EXCAVATION SUPPORT AND PROTECTION PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and Division 1 Specifications, apply to this Section. 1.2 SUMMARY A. This Section includes temporary excavation support and protection systems. 1.3 PERFORMANCE REQUIREMENTS A. Design, furnish, install, monitor, and maintain excavation support and protection system capable of supporting excavation sidewalls and of resisting soil and hydrostatic pressure and superimposed and construction loads. a. Provide professional engineering services needed to assume engineering responsibility, including preparation of Shop Drawings and a comprehensive engineering analysis by a qualified Professional Engineer. b. Prevent surface water from entering excavations by grading, dikes, or other means. c. Install excavation support and protection systems without damaging existing buildings, pavements, and other improvements adjacent to excavation. IIE�1-1LB&1�1M II.:+ A. Shop Drawings for Information: Prepared by or under the supervision of a qualified professional engineer for excavation support and protection systems. a. Include Shop Drawings signed and sealed by a Texas Licensed Professional Engineer responsible for their preparation. B. Qualification Data: For installer and professional engineer. C. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by the absence of, the installation of, or the performance of excavation support and protection systems. 1.5 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. PART 2 — PRODUCTS Eastport Industrial Area 02260-1 August 2008 Water System Improvements 2.1 MATERIALS A. General: Provide materials that are either new or in serviceable condition. B. Structural Steel: ASTM A36/A 36M, ASTM A690/A 690 M, ASTM A 992/ A 992M. C. Steel Sheet Piling: ASTM A 328/A 328M, ASTM A 572/ A 572M, or ASTM A690/ A 690M; with continuous interlocks. PART 3 — EXECUTION RA • •ITAfloWl A. Project structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards that could develop during excavation support and protection systems operations. a. Shore, support, and protect utilities encountered. B. Install excavation support and protection systems to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. a. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. C. Locate excavation support and protection systems clear of permanent construction so that forming and finishing of concrete surfaces is not impeded. D. Monitor excavation support and protection systems daily during excavation progress and for as long as excavation remains open. Promptly correct bulges, breakage, or other evidence of movement to ensure that excavation support and protection systems remain stable. E. Promptly repair damages to adjacent facilities caused by installing excavation support and protection systems. 3.2 SHEET PILING A. Before starting excavation, install one-piece sheet piling lengths and tightly interlock to form a continuous barrier. Limit vertical offset of adjacent sheet piling to sixty (60) inches. Accurately align exposed faces of sheet piling to vary not more than two (2) inches from a horizontal line and not more than 1:120 out of vertical alignment. Cut tops of sheet piling to uniform elevation at top of excavation. 3.3 TRENCH BOXES A. Provide Engineer approved trench boxes sufficient for depth and width of open - cut trench. All exposed trench shall be protected. 3.4 TRENCHING PROCEDURES Eastport Industrial Area 02260-2 August 2008 Water System Improvements Provide shoring systems in accordance with the Contractor's submitted design to p , adequately resist earth pressures. A. Proceed with work in an orderly fashion. Install trench bracing systems as soon as possible after opening trenches. Do not allow workers in trench prior to installing trench bracing systems. B. Backfill trenches as soon as possible after completion of work. C. Stockpile excavated materials at three (3) feet away from edge of trench. D. Maintain barricades and signage as required by State and Local codes to protect open excavations. E. Do not allow surface water to enter excavations. Properly grade areas adjacent to trench excavations to control surface drainage away from excavations. F. If cut back method is allowed by Owner and is employed, maintain a clear distance of three (3) feet from edge of cut to avoid allowing loose material to enter trench. Cut back method may not be used where there is insufficient work area to employ it. G. Do not operate heavy equipment except for trench digging or pipe laying equipment within twenty (20) feet of edge of excavation. Haul trucks, if needed, may operate closer than twenty (20) feet to trench edge provided the Contractor deems it safe to do so. 3.5 REMOVAL AND REPAIRS A. Remove excavation support and protection systems when construction has progressed sufficiently to support excavation and bear soil and hydrostatic pressures. Remove in stages to avoid disturbing underlying soils or damaging structures, pavements, facilities, and utilities. END OF SECTION Eastport Industrial Area 02260-3 August 2008 Water System Improvements SECTION 02317 EXCAVATION AND BACKFILL FOR UTILITIES PART 1— GENERAL 1.1 SECTION INCLUDES A. This section of the specifications includes information on excavation, trenching, foundation, embedment, and backfill for installation of utilities, including manholes and pipeline structures. 1.2 RELATED SECTIONS A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and other Division 1 specification sections apply to this section. B. Section 01400 — Quality Requirements. C. Section 01555 — Barricades, Signs, and Traffic Handling. D. Section 02260 — Excavation Support and Protection. E. Section 02320 — Utility Backfill Materials. F. Section 02665 — Water Works Piping, Valves, and Fittings. 1.3 DEFINITIONS A. Pipe Foundation — Suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Drawings, or foundation backfill material placed and compacted in over - excavations. B. Pipe Bedding — The portion of trench backfill that extends vertically from top of foundation up to a level line at bottom of pipe, and horizontally under one-third of the pipe O.D. C. Haunching — The material placed on either side of the pipe from the foundation to the springline of the pipe for rigid wall pipe, and horizontally from one trench sidewall to opposite sidewall, excluding the bedding section as shown on the plans. D. Initial Backfill — The portion of trench backfill that extends vertically from the top of haunching or cement stabilized backfill up to a level line immediately below pavement subgrade, and horizontally from on trench sidewall to opposite sidewall. E. Pipe Embedment — The portion of trench backfill that consists of bedding, haunching, and initial backfill. F. Trench Zone — The portion of trench backfill that extends vertically from top of pipe embedment up to a line immediately below pavement subgrade or up to final grade when not beneath paving. G. Backf ll — Suitable material meeting specified quality requirements, placed and compacted under controlled conditions. H. Ground Water Control Systems — Installations external to trench, such as well points, eductors, or deep wells. Ground water control includes dewatering to lower ground water, intercepting seepage which would otherwise emerge from Eastport Industrial Area 02317-1 August 2008 Water System Improvements side or bottom of trench excavation, and depressurization to prevent failure or heaving of excavation bottom. Refer to Section 02240 — Dewatering. I. Surface Water Control — Diversion and drainage of surface water runoff and rain water away from trench excavation. Rain water and surface water accidentally entering trench shall be controlled and removed as a part of excavation drainage. J. Excavation Drainage — Removal of surface and seepage water in trench by sump .' pumping or other approved means. K. Trench Conditions are defined with regard to the stability of trench bottom and trench walls of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill, except where structural trench support is necessary. a. Dry Stable Trench — Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressurization) for trenches extending below ground water level. b. Stable Trench with Seepage — Stable trench in which ground water seepage is controlled by excavation drainage. i. Stable Trench with Seepage in Clayey Soils — Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. ii. Stable Wet Trench in Sandy Soils — Excavation drainage is provided y in the embedment zone in combination with ground water control in . predominately sandy or silty soils. c. Unstable Trench — Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes soil disturbances, such as sloughing, sliding, boiling, heaving, or loss of density. L. Subtrench — Subtrench is a special case of benched excavation. Subtrench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of a subtrench depends upon trench stability and safety as determined by the Contractor. M. Over -Excavation and Backfill — Excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on Drawings, and backfilled with foundation backfill material. .4 N. Foundation Backfill Materials — Natural soil or manufactured aggregate of controlled gradation, to control drainage and material separation. Foundation '= backfill material is placed and compacted as backfill to provide stable support for bedding. O. Trench Safety Systems include both protective systems and shoring systems as defined in Section 02260 — Excavation Support and Protection P. Trench Shield (Trench Box) — A portable worker safety structure moved along the trench as work proceeds, used as a protective system and designed to withstand forces imposed on it by cave-in, thereby protecting persons within the trench. Trench shields may be stacked if so designed or placed in a series depending on depth and length of excavation to be protected. Q. Shoring System — A structure that supports sides of an excavation to maintain stable soil conditions and prevent cave-ins, or to prevent movement of the ground affecting adjacent installations or improvements. Eastport Industrial Area 02317-2 August 2008 r1f Water System Improvements i, z 1.4 REFERENCES A. ASTM D 558 — Test Methods for Moisture -Density Relations of Soil Cement Mixtures. B. ASTM D 698 — Test Methods for Moisture -Density Relations of Soils and Soil - Aggregate Mixtures Using 5.5-lb. Rammer and 12 inch Drop. C. ASTM D 1556 — Test Method for Density in Place by the Sand -Cone Method. D. ASTM D 2487 — Classification and Soils for Engineering Purposes. E. ASTM D 2922 — Test Method for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth). F. ASTM D 3017 — Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). G. ASTM D 4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. H. TxDOT Tex-101-E — Preparation of Soil and Flexible Base Materials for Testing. I. TxDOT Tex- 110-E — Determination of Particle Size Analysis of Soils. J. Federal Regulations, 29 CFR Part 1926, Standards -Excavation, Occupational Safety and Health Administration (OSHA). 1.5 SCHEDULING A. Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation, manhole, or other structures. 1.6 SUBMITTALS A. Submit a written description for information only of the planned typical method of excavation, backfill placement, and compaction, including: a. Sequence of work and coordination of activities. b. Selected trench widths. c. Procedures for foundation and embedment placement, and compaction. d. Procedure for use of trench boxes and other premanufactured systems while assuring specified compaction against undisturbed soils. B. Submit backfill material sources and product quality information in accordance with requirements of Section 02320 — Utility Backfill Materials. C. Submit record of location of pipe as installed, referenced to survey control points. Include locations of utilities encountered that are not shown on drawings or rerouted for the convenience of the Contractor. Give stations, coordinates, elevations, inverts, and gradients of installed pipe, casing, etc. D. Submit field density tests of trench backfill. E. Submit laboratory density compaction curves for each material. 1.7 TESTS A. Perform backfill material source qualification testing in accordance with requirements of Section 02320 — Utility Backfill Materials. Eastport Industrial Area 02317-3 August 2008 4 Water System Improvements B. Perform field density tests of trench backfill representative of each 500 linear feet of trench and each compacted layer. C. The Owner will perform his own check of field densities at random intervals at Owner's expense for passing tests. Failing tests will be charged to the Contractor. PART 2 — PRODUCTS 2.1 EQUIPMENT A. Perform excavation with hydraulic excavator or other equipment suitable for achieving the requirements of this Section. B. Use only hand -operated tamping equipment until a minimum cover of twelve (12) inches is obtained over pipes, conduits, and ducts. Do not use heave compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. Do not use vibratory equipment until five (5) feet of cover over pipes, conduits, or ducts is obtained. Do not use vibratory equipment if adjacent structures are affected. C. Use trench shields or other protective systems or shoring systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. 2.2 MATERIAL CLASSIFICATIONS A. Embedment and Trench Zone Backfill Materials: Conform to classifications and product descriptions of Section 02320 — Utility Backfill Materials. 2.3 ACCESSORIES A. Warning Tape: Install twenty-four (24) inches below finished grade acid and alkali resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, six (6) inches wide and four (4) mils thick, continuously inscribed with a description of the utility; as follows: a. Red — Electric b. Yellow — Gas, oil, steam, and dangerous materials. c. Orange — Telephone and other communications. d. Blue — Water systems. e. Green — Sewer systems. B. Install continuously coated ten (10) gauge locating wire on top of the pipe. PART 3 — EXECUTION 3.1 INSTALLATION A. Install flexible pipe to conform to the trench details shown in the drawings. B. Install rigid pipe to conform with the trench details shown in the drawings. 9. 4MY L74Y M Eastport Industrial Area Water System Improvements 02317-4 August 2008 A. Establish traffic control to conform with requirements of Section 01555 — Barricades, Signs, and Traffic Handling and the drawings. t B. Perform work to conform with applicable safety standards and regulations. Employ a trench safety system as specified in Section 02260 — Excavation Support and Protection. C. Immediately notify the agency or company owning any existing utility line which is damaged, broken, or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. D. Maintain permanent benchmarks, monumentation and other reference points. 1 Unless otherwise directed in writing, replace those which are damaged or destroyed. 3.3 PROTECTION A. Protect trees, shrubs, lawns, existing structures, and other permanent objects outside of grading limits and within the grading limits as designated on the Drawings. B. Protect and support above grade and below grade utilities which are to remain. C. Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment of facilities are indicated on the Drawings. D. Take measures to minimize erosion of trenches. Do not allow water to pond in trenches. Where slides, washouts, settlements, or areas with loss of density or pavement failures or potholes occur, repair, recompact, and pave those areas at not additional cost to the Owner. E. The Contractor shall locate all existing underground lines, whether or not they are shown on the Drawings, sufficiently in advance of trenching operations to prevent any damage thereto. Verification of location, size, and burial depth of existing utilities shall be the complete responsibility of the Contractor. F. The Contractor is responsible for notifying pipeline and cable utility owners of the intention to cross said utility no less than seven (7) days prior to crossing the utility. Coordinate vertical separation requirements with utility owners and any other special construction considerations. Notify the Engineer if required changes in the vertical profile shown on the Drawings prior to constructing these changes. G. Trench digging machinery may be used to make the trench excavations except in places where operation of same would cause damages to pipelines, fences, or other existing structures either above or below ground; in such instances hand methods shall be employed. 3.4 EXCAVATION A. Perform excavation work so that pipe, conduit, or ducts can be installed to depths and alignments shown on the Drawings. Avoid disturbing surrounding ground and existing facilities and improvements. B. Determine trench excavation widths based on the requirements shown on the plans. C. Use sufficient trench width or benches above the embedment zone for installation of well point headers or manifolds and pumps where depth of trenches makes it uneconomical or impractical to pump from the surface elevation. Provide Eastport Industrial Area 02317-5 August 2008 Water System Improvements sufficient space between shoring cross braces to permit equipment operations and handling of forms, pipe, embedment and backfill, and other materials. D. Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that location. Notify the Engineer and obtain instructions before proceeding. E. Shoring of Trench Walls. a. Install special shoring in advance of trench excavation or simultaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will remain laterally supported at all times. b. For all types of shoring, support trench walls in the pipe embedment zone throughout the installation. Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out behind the trench wall support. c. Unless otherwise directed by the Engineer, leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment materials. Leave rangers, walers, and braces in place as long as required to support the sheeting, which has been cut off, and the trench wall in the vicinity of the pipe zone. w d. Employ special methods for maintaining the integrity of embedment or foundation material. Before moving supports, place and compact embedment to sufficient depths to provide protection of pipe and stability of trench walls. As supports are moved, finish placing and compacting embedment. e. If sheeting or other shoring is used below top of the pipe embedment zone, do not disturb pipe foundation and embedment materials by subsequent removal. Maximum thickness of removable sheeting extending into the embedment zone shall be the equivalent of a one (1) inch thick steel plate. Fill voids left on removal of supports with compacted backfill material. f. Wherever necessary to prevent caving, the trench shall be adequately supported as required by the Drawings and Specifications. The Contractor is entirely responsible for assuring that trenches are adequately supported to protect both the workers and the public. F. Use of Trench Shields. When a trench shield (trench box) is used as a worker safety device, the following requirements apply: a. Make trench excavations of sufficient width to allow shield to be lifted or pulled feely, without damage to the trench sidewalls. s b. Move trench shields so that pipe, and backfill materials, after placement and compaction, are not damaged or disturbed, or the degree of compaction reduced. c. When required, place, spread, and compact pipe foundation and bedding materials beneath the shield. For backfill above bedding, lift the shield as each layer of backfill is placed and spread. Place and compact backfill materials against undisturbed walls and foundation. d. Maintain trench shield in position to allow sampling and testing to be performed in a safe manner. e. Contractor shall provide trench shield for Owner's tests within the trench as required in paragraph 3.1 LB 3.5 HANDLING EXCAVATION MATERIALS Eastport Industrial Area 02317-6 August 2008 rl. Water System Improvements A. Use only excavated materials which are suitable as defined in this Section and conforming with Section 02320 — Utility Backfill Materials. Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. B. Do not place stockpiles of excess excavated materials on streets and adjacent properties. Protect excess stockpiles for use on site. Maintain site conditions in accordance with Section 01500 —Temporary Facilities and Controls. 3.6 TRENCH FOUNDATION A. The trench shall be excavated to an even grade so that the bottom of the pipe will rest on the bottom of the trench over the entire length of the pipe. In order to obtain a true even grade, the trench shall be fine graded by hand. B. Any part of the trench excavated below grade shall be corrected by filling with approved material and compacting thoroughly. C. If ledge rock, rock fragments, or other unyielding material is encountered in the bottom of the trench, it shall be removed to a depth of six (6) inches below grade, refilled with selected material, and thoroughly compacted. D. Bell holes of ample dimensions shall be dug at each joint to permit the jointing of pipe to be made properly, and of sufficient depth to prevent the bell of the pipe from resting on undisturbed materials. 3.7 GROUND WATER CONTROL A. Implement ground water control according to Section 02240 — Dewatering. Provide a stable trench to allow installation in accordance with the Specifications. 3.8 PIPE EMBEDMENT, PLACEMENT, AND COMPACTION A. Immediately prior to placement of embedment materials, the bottoms and sidewalls of trenches shall be free of loose, sloughing, caving, or otherwise unsuitable soil. B. Place embedment including bedding, haunching, and initial backfill as shown on the Drawings. C. For pipe installation, manually spread embedment materials around the pipe to provide uniform bearing and side support when compacted. Do not allow materials to free -fall from heights greater than twenty-four (24) inches above top of pipe. Perform placement and compaction directly against the undisturbed soils in the trench sidewalls, or against sheeting which is to remain in place. D. Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. If moveable supports are used in embedment zone, lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. E. Do not damage coatings or wrappings of pipes during backfilling and compacting operations. When embedding coated or wrapped pipes, do not use crushed stone or other sharp, angular aggregates. F. Place haunching material manually around the pipe and compact it to provide uniform bearing and side support. If necessary, hold small -diameter or Eastport Industrial Area 02317-7 August 2008 Water System Improvements lightweight pipe in place with sand bags or other suitable means during compaction of haunch areas and placement beside the pipe. G. Shovel in -place and compact embedment material using pneumatic tampers in restricted areas, and vibratory -plate compactors or engine -powered jumping jacks in unrestricted areas. Compact each lift before proceeding with placement of the next lift. Water tamping and water jetting are not allowed. H. For flowable fill, such as cement stabilized backfill, vibrate flowable backfill with concrete vibrator to consolidate material under haunches. I. Install specified location tape and wire as shown on the drawings and per Section 02317 — Excavation and Backfill for Utilities 2.3.A and 2.3.B. 3.9 TRENCH ZONE BACKFILL, PLACEMENT, AND COMPACTION A. Place backfill for pipe or conduits and restore as soon as practicable. Leave only the minimum length of trench open as necessary for construction. Maximum allowed open trench is limited to 200 feet unless otherwise approved by the Owner. Maximum unrepaired pavement surface shall be limited to 2,640 feet. B. Where damage to completed pipe installation work is likely to result from withdrawal of sheeting, leave the sheeting in place. Cut off sheeting two (2) feet or move above the crown of the pipe. Remove trench supports within five (5) feet from the ground surface. C. Place trench zone backfill in lifts and compact by methods selected by the Contractor. Fully compact each lift before placement of the next lift. a. Cement Stabilized Backfill/Lean Concrete Backfill i. Place in depths as may be required during construction. ii. Use vibratory equipment to ensure placement under the haunches of the pipe. iii. Backfilling of the remaining trench depth after cement stabilized backfill has been placed shall not commence until the in -place cement stabilized backfill has attained a penetration resistance reading of at least thirty (30) when measured with a soil penetrometer according to ASTM D 1558 and using a one -tenth square inch needle. This equates to a penetration resistance of approximately 300 pounds per square inch. This is not a strength requirement of the cement -stabilized backfill, but a measure of the degree of curing of the cement stabilized backfill. After a penetrometer reading of 30 is obtained on the cement stabilized backfill, then compacted backfill operations may commence. The Contractor shall furnish and have on site a calibrated ASTM D 1558 soil penetrometer with one -tenth square inch needle. The Contractor shall take no less than four (4) penetrometer readings, equally spaced on both sides of the pipe (8 readings total) in accordance with ASTM D 1558, for each day's trench length that is planned for controlled density backfill operations. Such readings shall be taken prior to commencing backfill operations. b. Gravel Embedment i. Place in depths as shown on plans ii. Use vibratory equipment or shovel slicing to ensure placement under the haunches of the pipe. c. Native Material/Borrow Material (Pipe Installation) Eastport Industrial Area 02317-8 August 2008 Water System Improvements i. Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding six (6) inches. ii. Compaction by trench sheep's foot or by vibratory equipment to a minimum of ninety-five (95) percent of the maximum dry density determined according to ASTM D 698. Use of vibratory equipment limited as specified in paragraph 2.1.B. iii. Moisture content within two (2) percent of optimum determined according to ASTM D 698. d. Topsoil i. Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding six (6) inches. ii. Compaction by sheep's foot, by steel wheel roller, or by vibratory equipment to a minimum of ninety-five (95) percent of the maximum dry density determined according to ASTM D 698. Use of vibratory equipment limited as specified in paragraph 2.l I.B. iii. Moisture content within two (2) percent of optimum determined according to ASTM D 698. 3.10 MANHOLES, JUNCTION BOXES, AND OTHER PIPELINE STRUCTURES A. Meet the requirements of adjoining utility installations for backfill of pipeline structures, as shown on the Drawings. 3.11 FIELD QUALITY CONTROL A. Test for material source qualifications as defined in Section 02320 — Utility Backfill Materials. B. Provide excavation and trench safety systems at locations and to depths required for testing and retesting during construction at no additional cost to the Owner. C. Tests will be performed by the Contractor on a minimum of three (3) different samples of each material type for plasticity characteristics, in accordance with ASTM D 4318, and for gradation characteristics, in accordance with Tex-101-E and Tex-110-E. Additional classification tests will be performed whenever there is a noticeable change in material gradation or plasticity. D. At least three (3) tests for moisture -density relationships will be performed initially for backfill materials in accordance with ASTM D 698. Additional moisture -density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. E. In -place density tests of compacted pipe foundation, embedment, and trench zone backfill soil materials will be performed according to ASTM D 1556, or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions. a. A minimum of one test for every 500 linear feet of compacted trench zone backfill material for each compacted layer. b. Density tests will be distributed around the placement areas. Placement areas are foundation, bedding, haunching, initial backfill, and trench zone. c. The number of tests will be increased if compacting effort is variable end not considered sufficient to attain uniform density, as specified. Eastport Industrial Area Water System Improvements 02317-9 August 2008 d. Density tests may be performed at various depths below the fill surface by pit excavation. Material in previously placed lifts may therefore be subject to acceptance/rejection. e. Two (2) verification tests will be performed adjacent to in -place tests showing density less than the acceptance criteria (two tests will be performed for each failing test). Placement will be rejected unless both verification tests show acceptable results. f. Recompacted placement will be retested at the same frequency as the first test series, including verification tests. F. Recondition, recompact, and retest at Contractor's expense if tests indicate Work does not meet specified compaction requirements. For hardened cement stabilized backfill with nonconforming density, core and test for compressive strength at Contractor's expense. G. Acceptability of crushed rock compaction will be determined by inspection. 3.12 DISPOSAL OF EXCESS MATERIAL A. Dispose of excess materials in accordance with requirements of Section 01576 — Waste Material Disposal. END OF SECTION Eastport Industrial Area 02317-10 August 2008 Water System Improvements SECTION 02320 UTILITY BACKFILL MATERIALS PART 1— GENERAL 1.1 SECTION INCLUDES A. This Section of the specification covers materials related to the backfill of utilities. Included are the following: a. "Concrete" sand (for use as pipe bedding). b. Native soil materials. c. Topsoil. d. Borrow material. e. Crushed stone. f. Cement stabilized backfill. 1.2 RELATED SECTIONS A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and other Division 1 specification sections apply to this section. B. Section 01400 — Quality Requirements C. Section 02317 — Excavation and Backfill for Utilities. 1.3 DEFINITIONS A. Refer to Section 02317 — Excavation and Backfill for Utilities. 1.4 REFENCES A. ASTM C 33 — Specification for Concrete Aggregate. B. ASTM C 40 — Test Method for Organic Impurities in Fine Aggregates for Concrete. C. ASTM C 123 — Test Method for Lightweight Pieces in Aggregate. D. ASTM C 131— Test Method for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. E. ASTM C 136 — Test Method for Sieve Analysis of Fine and Coarse Aggregates. F. ASTM C 142 — Test Method for Clay Lumps and Friable Particles in Aggregates. G. ASTM D 698 — Test Method for Laboratory Compaction Characteristics of Soil - Using Standard Effort (12,400 ft-lb/fl). H. ASTM D 1140 — Test Method for Amount of Materials in Soils Finer Than Number 200 Sieve. 1 I. ASTM D 2487 — Classification of Soils for Engineering Purposes (Unified Soil Classification System). J. ASTM D 2488 — Standard Practice for Description and Identification of Soils k (Visual -Manual Procedure). K. ASTM D 4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. s Eastport Industrial Area 02320-1 August 2008 Water System Improvement L. ASTM D 4643 — Method for Determination of Water (Moisture) Content of Soil by the Microwave Oven Method. M. TxDOT Tex-101-E —Preparation of Soil and Flexible Base Materials for Testing. N. TxDOT Tex-104-E — Test Method for Determination of Liquid Limit of Soils (Part 1). O. TxDOT Tex- 106-E — Test Method — Methods of Calculating Plasticity Index of Soils. P. TxDOT Tex- 110-E — Determination of Particle Size Analysis of Soils. 1.5 SUBMITTALS A. Conform to Section 01300 — Submittal Procedures. B. Submit a description of source, material classification and product description, production method, and application of backfill materials. C. Submit test results for samples of off -site backfill materials. D. For each delivery of material, provide a delivery ticket which includes source location. 1.6 TESTS A. Perform tests of sources for off -site backfill material. B. Verification tests of backfill materials may be performed by the Owner, at the Owner's expense; however, failing tests will be charged to the Contractor. PART 2 — PRODUCTS 2.1 MATERIAL DESCIRPTIONS A. "Concrete" Sand a. Coarse -grained, well -graded, sand (natural, manufactured, or a combination of both) conforming to requirements of ASTM C 33. b. Gradation shall conform to ASTM C 136 and the following limits. Sieve Percent Passing 3/8" 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 10 B. Native Soil Material for Backfill a. Provide backfill material that is free of stones greater than three (3) inches, free of roots, waste, debris, trash, organic material, unstable material, non - soil matter, hydrocarbons, or other contamination. C. Topsoil Eastport Industrial Area 02320-2 August 2008 Water System Improvement 'i L. a. Provide topsoil material that is free of stones greater than three (3) inches, free of roots, waste, debris, trash, organic matter, unstable material, non -soil matter, hydrocarbons, or other contamination. b. Surface should be made clear of rock and other debris before planting. c. Use top three (3) feet of excavated material for topsoil backfill. This material shall be set aside to prevent mixing with other excavated material. Topsoil is only required in non -paved areas. D. Borrow a. Use Class A borrow under roadways (proposed or existing) and Class B elsewhere. E. Gravel Embedment a. Gravel embedment shall be free of waste, trash, debris, organic material, unstable material, and other non -gravel matter. b. Provide gravel embedment that meets the following gradation requirements for water or sewer pipe embedment: Sieve Percent Passing 1" 100 7/8" 98 to 100 3/4" 65 to 85 5/8" 0 to 45 3/8" 0 to 5 No. 10 0 to 1 i. As an alternate, gravel embedment that meets the following gradation requirements may be used for water pipe embedment: Sieve Percent Passing No. 4 85 to 95 No. 10 10 to 50 No. 40 0 to 10 c. A minimum of four inches of gravel embedment will be placed under the 1 pipe. This material MUST be shovel sliced to the haunch of the pipe and mechanically tamped to midpoint of the pipe. F. Cement Stabilized Backfill ! a. Cement Content —1 1/2 sack mix per cubic yard. b. Water/Cement Ratio — 0.60. c. Maximum aggregate size shall not exceed one and one half (1.5) inch diameter for backfilling pipe sizes forty-eight (48) inches and greater in diameter. d. Maximum aggregate size shall not exceed one (1) inch diameter for backfilling sizes less than forty-eight (48) inches in diameter. 2.2 MATERIAL TESTING A. Ensure that material selected, produced, and delivered to the project meets L_ applicable specifications and is of sufficiently uniform properties to allow practical construction and quality control. Eastport Industrial Area 02320-3 August 2008 Water System Improvement B. Source or Supplier Qualification: Perform testing, or obtain representative tests by suppliers, for selection of material sources and products. Provide test results for a minimum of three (3) samples for each source and material type. Tests samples of processed materials from current production representing material to be delivered. Tests shall verify that the materials meet specification requirements. Repeat qualification test procedures each time the source characteristic changes or there is a planned change in source location or supplier. j Qualification tests shall include, as applicable: a. Gradation: Complete sieve analyses shall be reported regardless of the specified control sieves. The range of sieves shall be from the largest particle through the No. 200 sieve. b. Plasticity of material passing the No. 40 sieve. c. Los Angeles abrasion wear of material retained on the No. 4 sieve. d. Clay lumps. e. Lightweight pieces. f. Organic impurities. C. Production Testing: Provide reports to the Engineer from an independent testing laboratory that backfill materials to be placed in the Work meet applicable specification requirements. D. Assist the Engineer in obtaining material samples for verification testing at the source or at the production plant. E. Native material requires testing only when questionable material is encountered. PART 3 — EXECUTION 3.1 SOURCES A. Use of material encountered in the trench excavations is acceptable, provided applicable specification requirements are satisfied. If excavation material is not acceptable, provide from other approved source. Top three (3) feet of excavated material shall be used as topsoil. B. Identify off -site sources for backfill material at least twenty-one (21) days ahead of intended use so that the Engineer may obtain samples fro verification testing. C. Obtain approval for each material source by the Engineer before delivery is started. If sources previously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. Materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements of the specifications will be rejected. Do not use material which, after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, expense for sampling and testing required to change to a different material will be at the Contractor's expense with no additional cost to the Owner. 3.2 MATERIAL HANDLING A. Establish temporary stockpile locations in areas shown on plans for practical material handling and control, and verification testing by the Engineer in advance of final placement. g Eastport Industrial Area 02320-4 August 2008 Water System Improvement B. Cement stabilized backfill shall be consolidated upon placement by using concrete vibrators to ensure filling of voids, filling around and under haunches of pipe and filling of spaces between corrugations. Vibration shall not be applied to the utility pipe itself. 3.3 FIELD QUALITY CONTROL A. Quality Control a. The Engineer may sample and test backfill at: i. Sources including borrow pits, production plants, and Contractor's designated off -site stockpiles. ii. On -site stockpiles. iii. Materials placed in the Work. b. The Engineer may resample material at any stage of work or location if changes in characteristics are apparent. B. Quality Control Testing: The Owner's testing laboratory will provide verification testing on backfill materials, as directed by the Engineer. Samples may be taken at the source or at the production plant, as applicable. Contractor shall cooperate with the Owner and Engineer in allowing access to materials. END OF SECTION Eastport Industrial Area 02320-5 August 2008 Water System Improvement SECTION 02511 INSTALLATION OF WATER DISTRIBUTION SYSTEM COMPONENTS PARTI GENERAL 1.1 SECTION INCLUDES. A. Requirements for the installation of water distribution system components such as pipe, fittings and valves. B. Requirements for trench safety, final clean up and acceptance. 1.2 PRODUCTS INSTALLED UNDER THIS SECTION. A. Approved municipal water pipe. B. Approved fittings, connections, valves and appurtenances. C. Warning tape. D. Locator wire, if pipe is of non-ferrous material. 1.3 UNIT PRICES A. Water Distribution Pipe. 1. Payment for installation of water distribution pipe will be on a linear foot basis. Unit cost shall include pipe installed, complete in place including all appurtenances, trench safety and traffic barricading required. 2. The Owner's Representative will perform measurement. B. Tapping Sleeves and Valves. 1. Payment for purchase and installation of the tapping sleeve and valve will be per each, complete in place including all appurtenances, trench safety and traffic barricading required. 1.4 SUBMITTALS A. Conform to Section 01300 — Submittal Procedures. B. Submit storm water pollution prevention plan (SWPPP). C. Submit traffic control plan. 1.5 WARRANTY A. Contractor to provide standard one year warranty. Warranty period will begin at the date of Substantial Completion. B. The Contractor at no additional expense to the Owner will perform any repairs, replacements or maintenance work on Work performed by the Contractor. PART 2 PRODUCTS 2.1 See section 02665. PART 3 EXECUTION 3.1 EXAMINATION A. Contractor will examine the entire length of the project site to verify conditions before starting work. Eastport Industrial Area 02511-1 August 2008 Water System Improvements r-. B. Contractor is responsible for verifying that site conditions are suitable for the proposed Work prior to beginning activities. 3.2 PROTECTION 1. Contractor is responsible for notifying all utilities and other affected parties prior to beginning excavation. Contractor will comply with the State of Texas excavation notice requirements. 2. Contractor is responsible for providing shoring, bracing or other supports as required to prevent damage to adjacent utilities, structures or other affected components. 3. Contractor will excavate and expose any utilities or other potential conflicts to determine the lines and grades, if deemed necessary by the Contractor or Owner's Representative. 4. Contractor is responsible for any expenses incurred to repair, replace or otherwise restore facilities damaged due to excavation or installation of the sanitary sewer system. 5. 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 works as may be necessary. All safety measures shall meet the requirements of The Texas Manual on Uniform Traffic Control Devices. Traffic control plans shall be submitted to the City of Lubbock Traffic Engineer for approval. 6. 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 days of issuance to Contractor of City's certificate of acceptance of the project. 7. Rules and regulations of local, state and Federal authorities regarding safety provisions shall be observed. 3.3. SURFACE PREPARATION 1. Within Unpaved Easements; or Cultivated, Agricultural or Undeveloped Land. a. Remove all vegetation, brush, heavy growth, grass, weeds, decayed organic matter, rubbish or other unsuitable material within the area of excavation. b. Remove topsoil separately from the other excavation material. Store the topsoil separately from the other excavation material. 2. Within Unpaved Roadways a. Remove roadway cover material and store separately from other excavated material. b. Take care to keep the roadway material as clean as possible for placement back on the roadway. 3. Within Paved Areas Eastport Industrial Area 02511-2 August 2008 Water System Improvements 1 a. Remove pavement, sidewalks, driveways, and curb and gutter in a neat and workmanlike manner. Use straight and perpendicular cuts. b. The cut will exceed the width of the excavation by 12 inches on each side of the trench. C. Cut concrete pavement, sidewalks, driveways, and curb and gutter with a power saw to a minimum depth of 2 inches prior to breaking. 3.4 INSTALLATION A. Excavation 1. Excavations will be open cut unless otherwise indicated on the plans or designated by the Owner's Representative. 2. Contractor will comply with trench safety requirements as outlined in OSHA 1910 using benching, shoring, trench boxes or other means to meet or exceed the requirements of OSHA 1910. 3. The Contractor at no expense to the Owner will dispose of excavated materials unsuitable for backfill or not required for backfill. 4. Contractor will prevent surface water from flowing into excavations. Pipe that has had its grade or alignment changed due to water entering the excavation will be re-laid at no expense to the Owner. S. Spongy material, organic matter, or fill material containing concrete, asphalt or debris encountered during excavation will be removed and properly disposed. Over excavation in this situation will be at the direction of the Owner's Representative. 6. Over excavation for the Contractor's convenience will be at the Contractor's expense. 7. Stockpile excavated material so as not to interfere with the progress of the Work or to create a safety hazard. Excavate trench only as necessary to install the pipe. Excavation limits for pipe less than 18 inches: Pipe O.D. + 12 inches B. Installation 1. Install components in accordance with the City of Lubbock Construction Standards and the Manufacturer's Instructions. The Contractor will bring any conflict between these two methods to the Owner's attention. 2. Products will be inspected prior to installation for any defects. No defective products will be installed. Products found to be defective will be replaced at the Contractor's expense. 3. Installation of Pipe. a. Fine grade the bottom of the trench using specified bedding material. Provide for bell holes to allow the pipe to be placed at the proper grade and alignment. b. Check for proper grade and alignment at each joint. C. Do not place pipe in wet trench conditions. Provide adequate dewatering methods to keep free water from the trench. d. Do not leave open joints overnight. Place watertight barriers at the end of the exposed pipe segment to Eastport Industrial Area 02511-3 August 2008 Water System Improvements prevent water intrusion into the pipe after each day's work. e. All pipes shall be installed according to manufactures suggestions in both the open cut areas and in the slick bore areas. 4. Installation of Valves. a. Valves and fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be joined to the pipe in the manner heretofore specified for pipe installation. The valves and fittings shall be adequately blocked for thrust with concrete. Valves shall be set vertically and in concrete valve boxes. 5. Backfill of Excavations. a. Backfill and compaction shall be performed in accordance of COL Ordinance 2007-00122. Backfill around pipe with specified granular bedding material that is free of large rocks, topsoil, debris or other unacceptable material. b. The backfill around the pipe shall be shovel sliced around the haunch of the pipe and mechanically compacted or hand tamped to a point 12 inches above the top of the pipe C. Backfill from 12 inches above the pipe to the finished grade will be as follows: i. For unpaved areas, use excavated material that is free of large rocks, debris or other material determined unsuitable by the Owner's Representative. Backfill shall be placed in maximum six (6) inch lifts and compacted to 95% Standard Proctor Density at +/- 2% optimum moisture content. Each lift shall be tested at a maximum of 500 feet intervals according to ASTM designation D-698. These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidder's expense. Copies of these tests shall be provided to the Owners Representative. The City of Lubbock will perform random spot testing at no expense to the contractor. ii. For paved areas, place Cement Stabilized Backfill (CSB) meeting City of Lubbock Standards under the bottom of the pavement in a minimum of thickness of 12". The backfill from 12-inches above the top of pipe to the CSB shall be in placed in maximum 6 inch lifts and compacted to 95% Standard Proctor Density. Each lift shall be tested at a maximum of 500 Eastport Industrial Area 02511-4 August 2008 Water System Improvements t_, 1 feet intervals according designation to ASTM D- 698. These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidders expense. Copies of these tests shall be provided to the Owners Representative. The City of Lubbock will perform random spot testing at no expense to the contractor. 3.5 FIELD QUALITY CONTROL A. Inspection 1. Owner's Representative will provide all inspection services. Owner's Representative will be present at all tests. Do not cover pipe or valves until inspected by the Owner's Representative. 2. Notify the Owner's Representative a minimum of 24 hours prior to placement of pipe, manholes or other buried components. B. Testing 1. General a. Notify the Owner's Representative a minimum of 24 hours prior to conducting any testing. b. All testing will be performed in the presence of the Owner's Representative and only after the Owner's Representative has agreed the system being tested is ready for the appropriate test. d. Components to be tested will be thoroughly cleaned to remove debris, gravel, grit, dirt or other foreign material prior to performing any tests. e. The Owner's Representative will approve equipment used for testing. The Contractor at no expense to the Owner will replace testing equipment rejected by the Owner's Representative. 2. Pipe Testing Requirements a. After the pipe has been laid, the line shall be subjected to a hydrostatic pressure test and leakage test. The line shall be tested at 100 p.s.i. gauge pressure. The duration of each pressure test shall be as directed by the Owners Representative but shall not exceed for (4) hours. b. No pipe installation will be accepted until or unless the leakage as determined by above test is less than the amount set forth below. The allowable leakage (gallons per hour) shall not be greater than determined by the following formula: L NDL1 7400 L = Gallons Per Hour D = Nominal Pipe Diameter N = Number of Joints P = Test Pressure (PSI) Eastport Industrial Area 02511-5 August 2008 Water System Improvements } If individual sections show leakage greater than the limits specified above, the contractor shall at his own expense locate and repair the defective joints until the leakage is within the specified allowance. Sterilization of Pipe Lines a. The contractor shall furnish all labor, equipment and material necessary for the sterilization of the new pipelines according to AWWA C 651 before being placed in service. The lines shall be sterilized by the application of the chlorinating agent. The chlorinating agent may be liquid chlorine, liquid chlorine gas -water mixture, or a calcium hypochlorite solution, which shall be fed into the lines through a suitable solution -feed device, or other methods approved by the engineer. The chlorinating agent shall be applied at or near the point from which the line is being filled, and through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. The water being used to fill the line shall be controlled to flow into the section to be sterilized very slowly, and the rate of application of the chlorinating agent shall be in such proportion of water entering the pipe that the chlorine dose applied to the water entering the line shall be at least 50 parts per million. The treated water shall be retained in the pipelines for a period of not less than twenty-four (24) hours. b. Samples shall be taken from the contractors sample port by Owners Representative and will be tested for bacteriologic growth by the Texas Department of Health Laboratory. Samples will be taken twice in a forty-eight (48) hour period not less than twenty-four (24) hours apart. C. The sampling riser shall be located at a location farthest from the point of chlorination. The riser shall be above ground and equipped with a faucet for control of flow during sampling. 3.6 ADJUSTING AND CLEANING A. Contractor will return areas disturbed by the work to the conditions existing prior to commencement of the work. 1. Contractor will grade disturbed areas to the preexisting grade. 2. Owner's Representative will determine if adequate adjustments and cleaning have been performed. 3. Contractor will leave the construction site clean, neat and free of construction debris. 4. Areas that have established turf will have sod placed in the excavated areas. Eastport Industrial Area 02511-6 August 2009 Water System Improvements E 1 5. Paved areas will have replaced laced in accordance with the P P City of Lubbock Street Engineering Standard Paving Specifications. END OF SECTION Eastport Industrial Area 02511-7 August 2008 Water System Improvements SECTION 02665 WATER WORKS PIPING, VALVES, AND FITTINGS PART 1— GENERAL 1.1 WORK INCLUDED A. This section of the specifications covers all water piping, valves, and fittings required for the project. The term piping as used herein shall include all piping, valves, fittings, and accessories as shown on the plans and/or as specified herein. 1.2 RELATED SECTIONS A. Drawings and General Provisions of the Contract, including General and Special Conditions and other Division 1 specification sections apply to this section. B. Section 01400 — Quality Requirements C. Section 01555 — Barricades, Signs, and Traffic Handling D. Section 02320 — Utility Backfill Materials 1.3 MATERIAL SCHEDULE A. All water lines shall be AWWA C-900 Class 150 (DR-18) pipe. B. Ductile Iron Fittings (AWWA C 153) C. Tapping Sleeve (ductile iron or stainless steel) D. Gate Valves E. Valve Boxes F. Fire Hydrants (AWWA C 502) G. Mechanical Joint Restraints 1.4 SUBMITTALS A. Submit all manufacturers' data for all pipe and fittings including all pipe thickness class calculations, steel casing, and casing spacers. B. Submit affidavits of compliance with appropriate standards. C. Submit product warranties. D. Submit manufacturer's installation instructions. E. Submit manufacturer's loading, unloading, and storage requirements. F. Submit product information for pipe identification tape. G. Submit concrete mix design for concrete thrust blocking. 1.5 REFERENCES A. AWWA C 104 — Cement Mortar Lining for Ductile Iron Pipe and Fittings for Water. B. A WWA C 110 — Ductile Iron and Gray Iron Fittings, 3 inch through 48 inch, for Water. C. AWWA C 111— Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. D. AWWA C 104 — Rubber Seated Butterfly Valves. E. AWWA 509 — Resilient Seated Gate Valves for Water Supply. Eastport Industrial Area 02665-1 August 2008 Water System Improvements L_ F. AWWA C 900 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 inch through 12 inch, for water distribution. G. AWWA C 905 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 inch through 48 inch, for water transmission and distribution. H. AWWA C 301— Prestressed Concrete Pressure Pipe, Steel Cylinder Type, for Water and other Liquids. I. AWWA C 303 — Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type J. ANSI/AWWA C-200 Standard for Steel Water Pipe 6 Inches and Larger K. ANSI/AWWA C-205 Standard for Cement -Mortar Protective Lining and Coating for Steel Water Pipe - 4 in. and Larger -Shop Applied L. ANSI/AWWA C-206 Standard for Field Welding of Steel Water Pipe M. ANSIIAWWA C-207 Standard for Steel Pipe Flanges for Water Works Service, 4" - 144" N. ANSIIAWWA C-208 Standard for Dimensions for Fabricated Steel Water Pipe Fittings O. ANSI/AWWA C-209 Standard for Cold -Applied Tape Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines P. ANSI/AWWA C-210 Standard for Liquid -Epoxy Coating Systems for the Interior and Exterior of Steel Water Pipelines Q. ANSIIAWWA C-214 Standard for Tape Coating Systems for the Exterior of Steel Water Pipelines R. ANSI/AWWA C-216 Standard for Heat -Shrinkable Cross -Linked Polyolefin Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines S. ANSIIAWWA C-218 Standard for Coating the Exterior of Aboveground Steel Water Pipelines and Fittings T. ANSIIAWWA C-219 Standard for Bolted Sleeve -Type Couplings for Plain -End Pipe U. ANSI/AWWA C-222 Standard for Polyurethane Coatings for the Interior and Exterior of Steel Water Pipelines and Fittings V. AWWA M-I I Steel Pipe - A guide for Design and Installation W. ASTM A 106 Standard Specification for Seamless Carbon Steel Pipe for High - Temperature Service. X. ASTM A 53 Standard Specification for Pipe, Steel, Black and Hot -Dipped, Zinc Coated Welded and Seamless Y. ASTM E 165 Method for Liquid Penetrant Examination Z. ASTM E 709 Guide for Magnetic Particle Examination AA. ASME Section V Nondestructive Testing Examination BB. ASME Section IX Welding and Brazing Qualification. CC. AWS B2.1 Standard for Welding Procedure and Welding Qualifications. PART 2—PRODUCTS 2.1 GENERAL A. All pipe, fittings, and valves shall be new and of the best quality in material and workmanship. B. All pipe, fittings, and valves shall conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61. C. In areas where natural gas lines exist, and are cathodically protected by means of impressed current, only electrically non-conductive pipe shall be allowed. Eastport Industrial Area 02665-2 Water System Improvements August 2008 2.2 POLYVINYL CHLORIDE (PVC) PIPE A. PVC pipe 12 inches and smaller shall be AWWA C-900, Class 150 (DR -.I 8). B. PVC pipe 14 inches, and larger shall be AWWA C-905, Class 165 (DR-25). The outside diameter of the PVC pipe shall be cast iron equivalent. C. PVC pipe shall be formed with an integral ball and shall be joined using a gasketed bell and spigot joint. Spigot ends shall be beveled and reference marked to facilitate joining and insure proper seating depth. Gaskets shall conform to ASTM F 477. The nominal joint length shall be twenty (20) feet. D. AWWA C-900 and C-905 pipe shall be marked as prescribed by AWWA standards including nominal size, dimension, ratio, AWWA pressure class, manufacturer's name and code, and seal of testing agency that verified the suitability of the pipe material for potable water. E. Pipe shall meet all additional test requirements as described in AWWA C-900 or C-905, as applicable. F. All PVC pipe shall be approved by the National Sanitation Foundation (NSF) for use in the transportation of potable water and shall bear the NSF seal of approval. 2.3 PIPE FITTINGS A. General: Pipe fittings shall be of a type and design especially suitable for use with the type of piping with which they are installed. Pressure rating of fittings shall not be less than that of the pipe. All ductile iron fittings shall have an external bituminous coating and shall be cement lined in accordance with AWWA C 104. B. Fittings shall be ductile iron and shall be mechanical joint or push -on joint unless otherwise specified or shown on the Drawings. C. Ductile Iron Fittings — Ductile iron fittings shall conform to AWWA C153 110. Fittings shall be mechanical joint or push -on joint unless otherwise specified or shown on the Drawings. All fittings shall have a pressure rating equal to that of the pipe with which they are used but in no case less than 150 psi. a. Unless otherwise indicated, all ductile iron fittings shall have an external bituminous coating and shall be cement -lined in accordance with the specifications for coating and lining the pipe. b. All ductile iron fittings shall be cast from the same quality of metal used in casting ductile iron pipe and shall be subjected to the same test requirements. Marking and weighing shall be as required for ductile iron pipe. c. Where flanged fittings are used, the flanges shall be of the same material as the fitting. Where bell or mechanicaljoint fittings are used, the bells shall be cast integrally with the fitting. Screwed -on bells will not be acceptable. 2.4 FLEXIBLE COUPLINGS AND FLANGED COUPLING ADAPTERS A. Flanged coupling adapters and flexible couplings shall be provided at the locations shown on the Drawings and at other locations required for installation of the piping system. Flanged coupling adapters will be provided with anchoring studs to provide thrust restraint. Epoxy coated sheet construction shall be used for all couplings. All bolts, nuts, and washers shall be stainless steel. 2.5 PIPE JOINTS a. Push -on Joints — Push -on joints shall be as specified in AWWA Standard C111. Eastport Industrial Area 02665-3 August 2008 Water System Improvements --, L b. Mechanical Joints —Mechanical joints shall be as specified in AWWA Standard C 111. 2.6 STEEL CASING A. Steel casing shall be new welded steel pipe with minimum yield strength of 35,000 psi meeting ASTM A36. The exterior of the casing pipe shall have a bituminous coating. Casing wall thickness for installation shall be in accordance with the following: Location Diameter Min. Wall Thickness Highway and Street Crossings 24" and smaller 0.2500" 26" or larger 0.3125" Railroad Crossings 18" and smaller 0.2500" 20" thru 26" 0.3750" 28" and larger 0.50001, B. Casing spacers shall be used to install carrier pipe inside the encasement pipe. To provide support around the periphery of the pipe should the pipe twist as it is pushed through the casing. The spacers shall be of a projection type that has a minimum number of projections around the circumference totaling the number of diameter inches. For example, eight (8) inch pipe shall have a minimum of eight (8) projections and eighteen (18) inch pipe shall have a minimum of eighteen (18) projections. C. Casing spacers shall use double backed tape, provided with the spacers, to fasten tightly onto the carrier pipe so that the spacers do not move during installation. Installation instructions shall be provided with each shipment. Casing spacers shall have a span of ten (10) feet to six (6) feet dependent on the total load anticipated with the pipe full of liquid. The maximum load shall not exceed the load limits per spacer listed in the brochure. These values in the brochure include conservative safety factors for class spacer used. Spacers shall have minimum height that clears the pipe bell or as otherwise indicated on plans. D. Casing spacers shall be projection type totally non-metallic spacers constructed of preformed sections of high -density polyethylene. Spacers shall be ISO 9002 certified for strength and quality. E. Manufacturer: Projection type spacers shall be Raci type spacers, or approved equal by the Engineer, along with wrap around end seal made of 1/8" think rubber with stainless steel bands. 2.7 VALVES A. General: Valves that are twelve (12) inches and smaller shall be gate valves unless otherwise noted on the plans or specified herein. All valves shall be designed for a working pressure of at least 150 psi unless otherwise noted. B. Gate Valves: a. All gate valves shall be resilient seat or double disk parallel seat, iron body; bronze mounted throughout and shall meet all requirements of AWWA C 509. b. The valves shall be of the type of joint used in the piping. c. All valves shall open by turning to the left, and unless otherwise specified, shall have non -rising stem when buried and outside screw and yoke when Eastport Industrial Area 026654 August 2008 Water System Improvements exposed, and be furnished with a two (2) inch operating nut when valves are buried and shall be furnished with hand wheels when exposed. d. Gate valves shall be furnished with O-ring stem packing. e. All gate valves shall be designed to withstand a working pressure of 200 psi unless otherwise noted. f. Gate valves shall be Mueller, M&H, Darling, or Clow. g. All ductile iron shall conform to A536 Grade 65-45-12. Castings shall be clean and sound without defects that will impair their service. No plugging or welding of such defects will be allowed. h. Bolts shall be electro-zinc plated steel with hex heads and hex nuts in accordance with ASTM A307 and A563, respectively. i. All parts for valves furnished must be standard and completely interchangeable with valves of the same brand. Successful bidder to furnish to the Owner, upon request, a letter stating the type of valves to be installed and a letter from the manufacturer stating that the parts are standard and interchangeable. C. Valve Boxes and Extension Stems: a. Extension stems shall be furnished on buried valves where the top of the operating nut is more than thirty-six (36) inches below finished grade. Top of the extension stem shall not be more than nine (9) inches below the top of the valve box. b. Buried valves shall be provided with cast iron valve boxes. The boxes shall be designed to fit over a section of six (6) inch C 900 PVC riser pipe, which will be used, as an extension from the top of the valve to within eight (8) inches of the ground surface. The box shall have a heavy cast iron cover marked "Water". The box shall have a flange type base, with the base being approximately four (4) inches larger in diameter than the outside diameter of the barrel of the box. The necessary length of the six (6) inch C 900 PVC riser pipe required for the extension shall be considered as a part of the box. Valve boxes shall be East Jordan Iron Works No. 8453, or approved equal. 2.8 FIRE HYDRANTS A. Hydrants shall be: a. Clow Medallion. b. American Darling Model B-84-B. c. Dresser 129-09 d. Mueller Centurion e. Approved equal. B. Hydrants shall meet AWWA C-502 C. Hydrants shall have an iron body, bronze mounted throughout and be designed for working pressure of 150 psi. D. Hydrants shall be traffic model type with a 5-1/4-inch valve opening, two (2) 2- 1/2-inch hose nozzles, and one (1) 4-inch steamer nozzle. E. The hydrant shall be for a 6-inch main. 2.9 POLYETHYLENE WRAP A. All buried valves and fittings shall be thoroughly wrapped prior to installation with a polyethylene material meeting the requirements of ASTM D 1248. The polyethylene material shall have a minimum thickness of eight (8) mils. The L _ wrap shall be secured by two (2) inch duct tape. Eastport Industrial Area 02665-5 August 2008 Water System Improvements 2.10 JOINT RESTRAINTS (12-INCH AND 10-INCH PIPING) A. Uniflange series 1500 joint restraint for PVC pipelines or approved equal. B. Must meet all pressure testing requirements of ASTM F-1674. C. Materials must meet requirements of ASTM A-536. D. Install per manufacturer's recommendations. 2.11 CONCRETE A. Concrete may be used for blocking the pipe and fittings and shall conform to the concrete specifications, as set forth in the Section 03300 Cast -in -Place Concrete, except a minimum compressive strength of 2,800 psi will be acceptable. PART 3 — EXECUTION 3.1 GENERAL A. All pipe and accessories shall be unloaded, handled, laid, jointed, tested for defects and for leakage, and disinfected in the manner herein specified. 3.2 INSPECTION A. The pipe, fittings, and accessories shall be inspected upon delivery and during the progress of the Work and any material found to be defective will be rejected by the Engineer, and the Contractor shall remove such defective material from the site of the Work. 3.3 RESPONSIBILITY FOR MATERIALS A. The Contractor shall be responsible for all material furnished and shall replace, at the Contractor's expense, all such material that is found to be defective in manufacture or has become damaged in handling after delivery. 3.4 HANDLING PIPE AND ACCESSORIES A. All pipe, fittings, and other accessories shall, unless otherwise directed, be unloaded at the point of delivery, hauled to and distributed at the site of the Work by the Contractor. In loading and unloading, they shall be lifted by hoists or slid, or rolled on skidways in such a manner as to avoid shock or damage to the materials. Under no circumstances shall they be dropped. Pipe handled on skyways must not be skidded or rolled against pipe already on the ground. B. The pipe, fittings, and accessories shall be placed along the site in such a manner as to be kept as free as possible from dirt, sand, mud, and other foreign matter. 3.5 ALIGNMENT AND GRADE A. All pipe shall be laid and maintained to the lines and grades shown on the plans or as established on the ground by the Engineer. Eastport Industrial Area 02665-6 August 2008 Water System Improvements B. The Contractor shall verify horizontal and vertical locations of items critical to the alignment and grade of the proposed water line. Confirm compliance with the Drawings and Specifications. C. Wherever it is necessary to deflect pipe from a straight line either in a vertical or horizontal plane to avoid obstructions, to plumb valves, or where vertical or horizontal curves are shown or permitted, the degree of deflection at each joint shall not exceed the maximum deflection noted on the Drawings. 3.6 MANNER OF HANDLING PIPE AND ACCESSORIES IN TRENCH A. After the trench grade has been completed, all bell holes dug and the grade inspected, the pipes and accessories may be placed in the trench. All pipe and fittings shall be carefully lowered into the trench piece by piece by means of derricks, ropes, or other suitable tools or equipment, in such a manner so as to prevent damage to the material in any way. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. 3.7 CLEANING AND INSPECTING A. Before lowering into the trench, the pipe shall be again inspected for defects and the pipe, while suspended, shall be lightly hammered to detect cracks. Any defective, damaged, or unsound pipe and materials shall be rejected. B. All foreign matter or dirt shall be removed from the inside of the pipe and from all bells, spigots, or parts of the pipe used in forming the joint, before the pipe is lowered into the trench, and it shall be kept clean by approved means during and after laying. C. At a time when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and no trench water shall be allowed to enter the pipe. 3.8 LAYING AND JOINTING PVC PIPE A. General: Unless otherwise directed, pipe shall be laid with bells facing in direction of laying; and for lines on appreciable slopes, bells shall, at the discretion of the Engineer, face up grade. B. Cutting of pipe for inserting fittings or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or the cement lining. C. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench overnight. At times when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and not trench water shall be permitted to enter the pipe. D. No pipe shall be laid in water, or when the trench conditions or weather are unsuitable for such work, except by permission of the Engineer. E. Before laying the pipes, all lumps, blisters, and excess coating shall be removed from the bell and spigot ends of each pipe; the outside of the spigot and the inside of the bell shall be wire brushed and wiped clean and dry. Pipe ends shall be kept clean until joints are made. F. Defective joints shall be repaired as directed by the Engineer. G. Mechanical Joint Piping: The last eight (8) inches outside of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned to remove oil, grit, excess coating, and other foreign matter from the joint, and then painted with lubricant recommended by the pipe manufacturer. The cast iron gland shall then be slipped on the spigot end of the pipe with the lip extension of the gland Eastport Industrial Area 02665-7 August 2008 Water System Improvements i t= toward the socket or bell end. The rubber gasket shall be painted with lubricant recommended by the pipe manufacturer and placed on the spigot end with the thick edge toward the gland. a. The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place within the bell; care shall be taken to locate the gasket evenly around the entire joint. The gland shall be moved along the pipe into position for bolting, all of the bolts inserted, and the nuts screwed up tightly with the fingers. All nuts shall be tightened with a suitable torque limiting wrench. b. Nuts spaced 180 degrees apart shall be tightened alternately in order to produce an equal pressure on all parts of the gland. H. If water gets in the trench before the joint is completed, or if the pipe is disturbed from line and grade after being laid, the pipe shall be taken up, the joints cleaned and the pipe re-laid. I. Immediately after completion of the jointing, sufficient bedding and backfill material shall be placed around and over the pipe to hold the pipe to line and grade. J. Premoulded joints shall be made in accordance with the recommendations of the manufacturer of the pipe. The surfaces of the jointing material on both the bell and spigot at each joint shall be wiped with the solvent recommended by the pipe 3 manufacturer. The spigot shall then be firmly forced into the bell using a bar or other similar lever and a block of wood to prevent damage to the pipe. 3.9 PLUGGING DEAD ENDS A. Standard plugs shall be inserted into the bells of all dead ends and pipes, tees, or crosses and spigot ends shall be capped. Plugs or caps shall be jointed to the pipe or fittings in the same manner used in jointing the pipe. All plugs and caps shall have horizontal thrust blocks. 3.10 FITTINGS A. Fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. Concrete blocking shall be provided for all buried fittings. 3.11 SETTING VALVES, VALVE BOXES, FIRE HYDRANTS, AND FITTINGS A. General: Valves and fittings shall be set at the locations shown on the Drawings and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. All valves shall be hub end as required and all valves buried in the ground shall have a cast iron or precast concrete valve box set over the valve. All valves shall be set vertical, unless otherwise specified, and shall be thoroughly checked for operation prior to installation. After pressure has been applied to the line, stuffing boxes shall be checked for operation prior to installation. After pressure has been applied to the line, stuffing boxes shall be checked and tightened if necessary. B. Valve Boxes: Valve boxes shall be firmly supported and maintained centered and plumb over the wrench nut of the valve, with the box cover flush with the surface of the ground or at such a level as directed by the Engineer. All valve boxes under pavement shall be adjusted to finished pavement grades. Eastport Industrial Area 02665-8 August 2008 Water System Improvements i C. Fire Hydrants: Fire hydrants shall be located at the points shown on the Drawings. All fire hydrants shall be set plumb, to the grade established on the Drawing, and with the steamer nozzle at right angles to the street. a. The hydrants shall be supported in such a manner as not to cause a strain on the fire hydrant lead or branch. The bowl of the hydrant shall be well braced against unexcavated earth at the end of the trench with concrete blocking. The concrete blocking shall be placed so as not to interfere with the hydrant drains and so that the joints of the flanges are accessible. b. Blocking of gate valves on fire hydrants leads shall be with concrete as shown on the Drawings. c. The hydrants shall be thoroughly cleaned of dirt or foreign matter and checked for operation prior to installation. Drain holes shall not be blocked or sealed. d. Fire hydrants shall be installed and maintained so that the center of the lowest water outlet shall be eighteen (18) inches from the ground. e. Fire hydrants shall be installed with the four (4) inch nozzle facing the required access way. 3.12 CONCRETE THRUST BLOCKING A. Anchorage or Bends, Tees, and Plugs, Etc.: Reaction or thrust blocking shall be applied to all pipe lines at all tees, plugs, caps, and bends. The blocking shall be placed between solid ground and the fittings to be anchored; the area of bearing on pipe and the ground in each instance shall be sufficient to withstand the maximum thrust anticipated and as shown on the Drawings. The blocking shall be so placed that the pipe and fitting joints will be accessible for repair. B. Restrained Joints: At the Contractor's option, restrained joints may be installed on the pipe at fittings and valves in lieu of concrete thrust blocking. Pipe restraints shall be suitable for the pipe with which they are installed and shall have the ability to withstand a maximum pressure of no less than* 150 psi. Pipe restraints shall be installed at all joints and fittings within the length specified on the Drawings. 3.13 EXCAVATION, TRENCHING, AND BACKFILLING A. Backfill of Excavations. Eastport Industrial Area Water System Improvements a. Backfill and compaction shall be performed in accordance of COL Ordinance 2007-00122. Backfill around pipe with specified granular bedding material that is free of large rocks, topsoil, debris or other unacceptable material. b. The backfill around the pipe shall be shovel sliced around the haunch of the pipe and mechanically compacted or hand tamped to a point 12 inches above the top of the pipe C. Backfill from 12 inches above the pipe to the finished grade will be as follows: i. For unpaved areas, use excavated material that is free of large rocks, debris or other material determined unsuitable by the Owner's Representative. Backfill shall be placed in maximum six (6) inch lifts and compacted to 02665-9 August 2008 t 95% Standard Proctor Density at +/- 2% optimum moisture content. Each lift shall be tested at a maximum of 500 feet intervals i according to ASTM designation D-698. These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidder's expense. Copies of these tests shall be provided to the Owners Representative. The City of Lubbock will perform random spot testing at no expense to the contractor. ii. For paved areas, place Cement Stabilized Backfill (CSB) meeting City of Lubbock Standards under the bottom of the pavement in a minimum of thickness of 12". The backfill from 12-inches above the top of pipe to the CSB shall be in placed in maximum 6 inch lifts and compacted to 95% Standard Proctor Density. Each lift shall be tested at a maximum of 500 feet intervals according to ASTM designation D- 698. These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidders expense. Copies of these tests shall be provided to the Owners Representative. The City of Lubbock will perform random spot testing at no expense to the contractor. 3.14 LINE TESTING A. After the pipe is laid and the joints completed, each section or run of piping, shall be tested as specified herein. The Contractor shall bear all costs of providing all equipment, materials, labor, and other incidentals required to test pipe lines as specified herein. The Contractor shall provide suitable means for filling the lines and developing the required pressure in the lines. Testing procedure shall be as follows: a. Duration — The duration of the hydrostatic test shall be a minimum of four (4) hours. b. Pressure — The pipeline shall be tested so that the pressure at the lowest point in the test section is at least 100 percent, but not greater than 120 percent of the pressure class of the pipe, and the minimum pressure at the highest point in the test section is not less than 85 percent of the pressure class of the pipe. c. Allowable Leakage — The maximum allowable leakage for push -on joints is the number of gallons per hour as determined by the following formula(s): PVC: ductile Iron: L = ND(P)'h L = SD(P) � 7,400 133,200 where: Eastport Industrial Area 02665-10 August 2008 Water System Improvements L = allowable leakage in gallons per hour N = number of joints in length of pipe tested S = length of pipe D = nominal diameter of the pipe in inches P = average of the maximum and minimum pressures within the test section in psi d. Any leakage which becomes evident prior to final acceptance of the project shall be found and repaired to the satisfaction of the Engineer even though the particular line has been previously accepted and tested. 3.15 DISINFECTION OF PIPE LINES A. The Contractor shall furnish all labor, equipment, and materials necessary for the disinfection of all pipe lines, which shall be disinfected before being placed in service. The lines shall be disinfected by the application of a chlorinating agent in accordance with the requirements of AWWA C 651, include the placement of hypochlorite granules in the pipe during construction. B. The Contractor shall notify the Engineer 48 hours in advance of disinfection so that the Engineer or Owner's Representative may witness the disinfection activities. C. Quality Assurance: a. Bacteriological sampling and test will be performed in accordance with the latest requirements of Standard Methods for the Examination of Water and Wastewater. b. The City of Lubbock laboratory will be used for bacteriological testing. D. Chemicals: a. Acceptable disinfectants are liquid and solid forms of hypochlorites. Liquid chlorine gas is not acceptable. b. Acceptable chemicals for neutralizing chlorinated water are liquid and solid forms of sodium bisulfate, sodium sulfite, and sodium thiosulfate. c. The water being used to fill the line shall be controlled to flow into the section to be sterilized very slowly, and the rate of application of the chlorinating agent shall be proportioned at least fifty (50) parts per million in the water entering the pipe. E. Temporary Facilities: a. Provide temporary taps or blowoffs as required. As a minimum, use a two (2) inch diameter steel pipe and fittings with isolation valves and sampling taps. b. Water used for the initial flushing as well as the final chlorination shall be introduced into the pipeline through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. c. No connection to the existing distribution system is allowed until the pipeline has passed all bacteriological testing. F. Final Flushing: a. Flush the water system of the highly chlorinated water within twenty-four (24) hours of initial chlorination. b. Flush water in a location and manner approved by the Engineer. c. Neutralize the highly chlorinated water to a maximum free chlorine residual of 1.0 mg/L. G. Sampling and Analysis: Eastport Industrial Area 02665-11 August 2008 Water System Improvements a. Collect bacteriological samples at intervals no more than 1000 feet and one (1) sample from each end of the pipeline in the presence of the Engineer or ..y Owner's representative. l F b. The Owner's representative or the Engineer shall deliver the samples to the City of Lubbock Health Department or the City of Lubbock Water Treatment Laboratory for analysis. c. Collect samples after the initial disinfection and after the facilities have been filled with chlorinated water and a free chlorine residual of at least 0.5 mg/L has been detected. H. Acceptance: a. Facilities will be considered properly disinfected when two (2) consecutive sets of acceptable bacteriological samples, taken at least twenty-four (24) hours apart, have indicated the absence of coliform organisms. b. After acceptance by the Engineer, remove all temporary facilities and properly plug test taps. The pipeline may then be connected to the City of Lubbock water distribution system. 3.15 INSTALLATION OF STEEL PIPE CASING AND PIPE IN CASING A. Installation of the casing pipe sleeves shall be accomplished by boring as specified herein. Equipment used shall be such size and capacity as to allow the placement of the casing to proceed in a safe and expeditious manner. Installation of the casing and the excavation and removal of the materials within the casing shall proceed simultaneously. B. The boring shall proceed from a pit provided for the boring equipment and workers. Excavation and location of the pit shall be approved by the Engineer and County as appropriate. Boring without the concurrent installation of the casing pipe will not be permitted. The use of water or other fluids in connection with the boring operation will be permitted only to the extent of lubricating cuttings. Jetting will not be permitted. Overcutting in excess of one (1) inch shall be remedied by concrete pressure grouting the entire length of the installation. All casing pipe joints shall be welded. Care shall be taken to keep the pipe sleeve on the proper line and grade. C. After the casing pipe has been jacked and bored and is accepted by the Engineer, the pipe shall be shoved through the casing. The pipe shall be pushed or pulled through the casing by exerting pressure on the barrel of the pipe and not on the bell, and shall be done in such a manner that the joint is always in compression during the shoving operation. 3.16 PIPE IDENTIFIERS A. Marking Tape: All pipes installed in an open trench will be identified with the appropriate color and description of three (3) inch wide pipe identification tape. Install the tape parallel to the pipe it identifies at a distance above the pipe of twelve (12) to eighteen (18) inches. Above non-metallic (PVC) pipe material, install a tape detectable with a metal detector from the top of finished grade. Install detectable tape as deep as it can be detected but no closer to the non- metallic pipe than twelve (12) inches. 3.16 CLEANUP Eastport Industrial Area 02665-12 August 2008 Water System Improvements C A. The backfill shall be rounded up over the trench sufficiently to allow for future settlement and any excess dirt shall be removed from the site. B. The Contractor shall maintain the trench surfaces in a satisfactory manner until final completion and acceptance of the Work. The maintenance shall include blading from time to time as necessary, filling depressions caused by settlement, and other work required to keep areas in a presentable condition. END OF SECTION Eastport Industrial Area 02665-13 August 2008 Water System Improvements SECTION 02741 HOT -MIX ASPHALT PAVING PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. B. Section 01400 — Quality Requirements 1.2 SUMMARY A. This Section includes the following: a. Hot -mix asphalt paving. b. Hot -mix asphalt patching. c. Asphalt surface treatments. d. Pavement -marking paint. e. Cold milling of existing hot -mix asphalt pavement. 1.3 DEFINITIONS A. Hot -mix Asphalt Paving Terminology: Refer to ASTM D 8 for definitions of terms. B. TxDOT: Texas Department of Transportation "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges", 2004. 1.4 REFERENCES A. AASHTO T 102 — Spot Test of Asphaltic Materials. B. AASHTO T 245 — Resistance to Plastic Flow of Bituminous Mixtures Using Marshall Apparatus. C. AASHTO M 248 — Standard Specification for Ready -Mixed White and Yellow Traffic Paints. D. Al MS-2 — Mix Design Methods for Asphalt Concrete and Other Hot -Mix Types. E. Al MS-22 — Construction of Hot -Mix Asphalt Pavements. F. ASTM C 29/C 29M — Unit Weight and Voids in Aggregate. G. ASTM C 88 — Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate. H. ASTM C 117 —Materials Finer than 75-Micrometer (No. 200) Sieve in Mineral Aggregates by Washing. I. ASTM C 127 — Specific Gravity and Absorption of Coarse Aggregate. J. ASTM C 128 — Specific Gravity and Absorption of Fine Aggregate. K. ASTM C 131— Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. L. ASTM C 136 — Sieve Analysis of Fine and Coarse Aggregate. M. ASTM C 188 — Density of Hydraulic Cement. N. ASTM D 70 — Specific Gravity of Semi -Solid Bituminous Materials. O. ASTM D 75 — Sampling Aggregates. Eastport Industrial Area 02741-1 August 2008 Water System Improvements P. ASTM D 242 — Mineral Filler for Bituminous Paving Mixtures. Q. ASTM D 546 — Sieve Analysis of Mineral Filler for Road and Paving Materials. R. ASTM D 692 — Coarse Aggregate for Bituminous Paving Mixtures. S. ASTM D 854 — Specific Gravity of Soils. T. ASTM D 946 — Penetration -Graded Asphalt Cement for Use in Pavement Construction. U. ASTM D 979 — Sampling Bituminous Paving Mixtures. V. ASTM D 995 — Mixing Plants for Hot -Mixed, Hot -Laid Bituminous Paving Mixtures. W. ASTM D 1073 — Fine Aggregate for Bituminous Paving Mixtures. X. ASTM D 1075 — Effect of Water on Cohesion of Compacted Bituminous Mixtures. Y. ASTM D 1188 — Bulk Specific Gravity and Density of Compacted Bituminous Mixtures Using Paraffin -Coated Specimens. Z. ASTM D 1559 — Resistance to Plastic Flow of Bituminous Mixtures Using Marshall Apparatus. AA. ASTM D 2027 — Standard Specification for Cutback Asphalt. BB. ASTM D 2041— Theoretical Maximum Specific Gravity and Density of Bituminous Paving Mixtures. CC. ASTM D 2172 — Quantitative Extraction of Bitumen from Bituminous Paving Mixtures. DD. ASTM D 2726 — Bulk Specific Gravity and Density of Non -Absorption Compacted Bituminous Mixtures. EE. ASTM D 2950 — Standard Test Method for Density of Bituminous Concrete in Place by Nuclear Methods. FF. ASTM D 3381— Viscosity -Graded Asphalt Cement for Use in Pavement Construction. GG. ASTM D 3405 — Standard Specification for Joint Sealants, Hot Applied, for Concrete and Asphalt Pavements. HH. ASTM D 3549 — Standard Test Method for Thickness or Height of Compacted Bituminous Paving Mixture Specimens. H. TEX-126-E — Molding, Testing, and Evaluating Bituminous Black Base Materials. JJ. TEX-204-F — Design of Bituminous Mixtures. KK. TEX-224-F — Determining Flakiness Index. LL. TxDOT Item 300 — Asphalt, Oils, and Emulsions. MM. TxDOT Item 301— Asphalt Antistripping Agents. NN. TxDOT Item 340 — Specification for Hot -Mix Asphaltic Concrete Pavement. 00. TxDOT Item 345 — Specification for Asphaltic Stabilized Base. PP. TxDOT Item 662 — Work Zone Pavement Markings. QQ. TxDOT Item 666 — Reflectorized Pavement Markings. RR. TxDOT Item 672 — Raised Pavement Markers. SS. City of Lubbock Specifications — City of Lubbock Street/Drainage Engineering Standard Specifications. 1.5 SUBMITTALS A. Product Data: a. For each type of product indicated, include technical data and tested physical and performance properties. B. Job Mix Designs: Eastport Industrial Area Water System Improvements 02741-2 August 2008 a a. Submit a job -mix design, for approval prior to preparing and placing the bituminous mixture. Design mix using procedures contained in Chapter III, Marshall Method of Mix Design, of AI MS-2. Formulas shall indicate physical properties of the mixes as shown by the tests made by a commercial laboratory approved by the Engineer, using materials identical to those to be provided on this project. Submit formulas with material samples. Job -mix formula for each mixture shall be in effect until modified in writing by the Contractor and approved by the Engineer. Provide a new job -mix formula for each source change. Job mix shall be for this specific project. Job mixes x developed for other projects, although they may have similar requirements, will be rejected without review. C. Qualification Data a. Submit qualifications for product manufacturers. D. Material Test Reports a. Specific gravity test of asphalt b. Coarse aggregate tests _ c. Weight of slag test d. Percent of crushed pieces in gravel e. Fine aggregate tests f. Specific gravity of mineral filler a g. Bituminous mixture tests h. Aggregates tests i. Bituminous mixture tests j. Aggregates tests k. Bituminous mix tests 1. Pavement courses E. Product Submittals a. Pavement marking materials. 1.6 QUALITY ASSURANCE A. Testing Agency Qualifications: Qualified according to ASTM D 3666 for testing indicated, as documented according to ASTM E 548. B. Asphalt Paving: Comply with TxDOT Item 345 "Asphalt Stabilized Base" (Plant Mix) unless other requirements are indicated herein, for asphalt -stabilized base. Comply with TxDOT Item 340 "Hot Mix Asphaltic Concrete Pavement" for hot mix wearing course unless other requirements are indicated herein. C. Mock -Up Test Section a. Prior to full production of the binder and wearing course(s), prepare a quantity of bituminous mixture according to the job -mix formula. Construct a test section two hundred (200) feet long by not less than ten (10) feet wide and of the same compacted depth specified for the construction of the course, which the test section represents. The underlying grade or pavement structure upon which the test section is to be constructed shall be the same as the remainder of the course represented by the test section. Test not less than two (2) samples of the mixture produced at the plant for gradation, asphalt cement content, stability, flow, air voids, voids in mineral aggregate, and in weight. Obtain not less than three (3) cores from the test strip for density and thickness tests. Check the test section for smoothness and finish surface texture. If the test section should prove to be unsatisfactory, make the necessary adjustments to the mix design, plant operation, transportation, laydown, and/or rolling procedures. Additional test sections, as required, Eastport Industrial Area 02741-3 August 2008 Water System Improvements shall be constructed and evaluated for conformance to the specified requirements. When test sections do not conform to specified requirements, remove and replace the bituminous pavement. A marginal quality test section that has been placed in an area of little or no traffic may be left in place. If a second test section also does not meet specified requirements, remove both sections at the Contractor's expense. Full production shall not begin without the Engineer's approval. D. Required Data a. Job -mix formula shall show the following: i. Source and proportions, percent by weight, of each ingredient of the mixture. ii. Correct gradation, the percentages passing each size sieve listed in the specifications for the mixture to be used, for the aggregate and mineral filler from each separate source and from each different size to be used in the mixture and for the composite mixture. iii. Amount of material passing the No. 200 sieve determined by dry sieving. iv. Number of blows of hammer compaction per side of molded specimen. v. Temperature viscosity relationship of the asphalt cement. vi. Stability, flow, percent voids in mineral aggregate, percent air voids, unit weight. vii. Asphalt absorption by the aggregate. viii. Effective asphalt content as percent by weight of total mix. ix. Temperature of the mixture immediately upon completion of mixing x. Asphalt viscosity grade and/or penetration range. A Curves for the asphalt stabilized base and hot mix asphalt paving courses. 1.7 DELIVERY, STORAGE, AND HANDLING A. Inspect materials delivered to the site for damage and store with a minimum of handling. Store aggregates in such a manner as to prevent segregation, contamination, or intermixing of the different aggregate sizes. 1.8 PROJECT CONDITIONS A. Environmental Limitations: Do not apply asphalt materials if subgrade is wet or excessively damp or if the following conditions are not met: a. Prime and Tack Coats: Minimum surface temperature of 60 degrees Fahrenheit b. Asphalt Base Course: Minimum surface temperature of 40 degrees Fahrenheit and rising at time of placement. c. Asphalt Surface Course: Minimum surface temperature of 60 degrees Fahrenheit at time of placement. 1.9 MIXING PLANT A. Provide mixing plant capable of meeting the needs of the project. B. At not time shall the plant hinder the progress of the project. Eastport Industrial Area Water System Improvements 02741-4 August 2008 PART 2 — PRODUCTS 2.1 MATERIALS A. Aggregate General: Use materials and gradations that have performed satisfactorily in previous installations. a. Coarse Aggregate — Coarse aggregate shall conform to ASTM D 692. i. The coarse aggregate shall be the materials retained on a No. 4 sieve, and shall consist of clean, tough, durable fragments of crushed stone of uniform quality. Mixing or combining of crushed gravel and crushed stone will not be permitted. Coarse aggregate shall be crushed to the extent that produces a minimum of fifty-five (55) percent crushed faces for Type "C" HMAC as defined by the City of Lubbock paving specifications when tested in accordance with ASTM D 692. ii. Coarse aggregate shall have a minimum loss of fifteen (15) percent when subjected to four (4) cycles of the Magnesium Sulfate Soundess Test ASTM C 88. The amount of organic matter, clays, loams, or particles coated therewith, of other undesirable materials shall not exceed two (2) percent. When subjected to the Los Angeles Abrasion test, the coarse aggregate shall not have a loss greater than forty (40) percent by weight. iii. Coarse aggregate may be enhanced by the addition of crushed concrete (Class A minimum). The crushed concrete shall be processes and blended at the Contractor's batch plant. The material shall be processed to remove wood, steel, and other objectionable materials so as to produce a crushed aggregate in conformance with these specifications. b. Fine Aggregate — Fine aggregate shall conform to ASTM D 1073. i. The fine aggregate shall be that part of the material passing the No. 4 sieve and shall consist of sand and/or screenings. The plasticity index of that part of the sand passing the No. 40 sieve shall not exceed six (6). The plasticity index of the screenings shall not exceed nine (9). ii. Sand shall be composed of durable stone particles free from injurious foreign matter. Screenings shall be of the same or similar material as specified for coarse aggregate. c. Mineral Filler i. Mineral filler shall conform to ASTM D 242 and consist of thoroughly dry stone dust, Portland cement, or other material dust approved by the Engineer. The mineral filler shall be free from foreign and other injurious matter and shall meet the following gradation: 1. Percent by Weight Retained on No. 30 Sieve — 0 2. Percent by Weight Retained on No. 80 Sieve —10 maximum 3. Percent by Weight Retained on No. 200 Sieve — 35 maximum B. Asphalt a. Asphalt shall be AC 10 with Latex (3% by weight of asphalt), or performance grade 64-28 S or L, AASHTO Performance Graded Binder Specification (MP1). Eastport Industrial Area 02741-5 August 2008 Water System Improvements b. The Contractor shall notify the Engineer of the source of the asphaltic material for approval prior to production of the asphaltic mixture. c. The optimum asphalt content shall be determined'by the Marshall Stability method. d. The percent asphalt content in HMAC surface shall be optimum as indicated by Marshall Stability optimum plus 0.25% for Type "C" HMAC as defined by City of Lubbock paving specifications. e. The asphalt content of the paving mixture shall not be below optimum, or vary from the specified design asphalt content by more than plus 0.30% dry weight, based on total mixture. C. Prime Coat a. The surface shall be primed using an application of 0.20 to 0.30 gallons per square yard of MC asphalt conforming to ASTM D 2027 — MC 30. D. Tack Coat a. The asphaltic material for tack coat shall meet the requirements for Cut -Back Asphalt RC-250, slow rate cure SS-1 emulsified asphalt, or medium rate cure MS-1 emulsified asphalt. E. Joint Sealant a. ASTM D 3405 or AASHTO M 301, hot -applied, single -component, polymer -modified bituminous sealant. F. Emulsified Asphalt Sealer a. The surface coat shall be sealed using a 15/85 mix of MS-2 (or 20/80 SS-1) liquid anionic asphalt and distilled water at a rate of 0.10 to 0.12 gallons per square yard of surface. G. Mix Design a. Hot -Mix Asphalt: Dense, hot -laid, hot -mix asphalt plant mixes approved by authorities having jurisdiction; designed according to procedures in Al MS-2 "Mix Design Methods for Asphalt Concrete and Other Hot -Mix Types"; and complying with the following requirements: i. Provide mixes with a history of satisfactory performance in geographical area where Project is located. b. Base Course i. Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT Item 345 "Asphalt Stabilized Base" (Plant Mix). ii. The Contractor shall provide a current mix design using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: Sieve Size 1 1 1/2" 3/4" 1/2" 1No. 4 No. 40 Percent Retained by Wei t 1 0 8-30 30-55 1 50-70 170-90 F,astport Industrial Area Water System Improvements Material passing the No. 40 sieve shall be known as soil binder and shall meet the following requirements: Liquid Limit shall not exceed: 45 Plasticity Index shall not exceed: 15 Linear Shrinkage shall not exceed: 5 iii. The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. 02741-6 August 2008 iv. The ASB mixture shall consist of a uniform mixture of mineral aggregate and asphaltic material. The mineral aggregate shall conform to the gradation requirements specified. The percent asphaltic material shall be determined in accordance with Test Method Tex-126-E or Test Method Tex-204-F and procedures outlined in TxDOT Bulletin C-14. In no case shall the asphalt content be less than four (4) percent or more than nine (9) percent by weight. Asphalt for the mixture shall meet the requirements of TxDOT Item 300 "Asphalt, Oils, and Emulsions". The grade of asphalt and source must be approved by the Engineer prior to use. D. Surface Course i. Hot mix asphalt concrete surface shall consist of a compacted mixture of coarse aggregate, fine aggregate, mineral filler (if required), and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT Item 340 "Hot Mix Asphaltic Cement Pavement". ii. The combined mineral aggregate, after final processing by the mixing plant and prior to addition of asphalt and mineral filler, shall have a sand equivalent value of not less than forty-five (45) when tested in accordance with Test Method Tex-203-F. The percent of flat or elongated slivers of stone for any aggregate shall not exceed twenty-five (25) percent when tested in accordance with Test Method Tex-224-F. iii. Asphaltic mixtures with aggregates which exhibit stripping characteristics shall be conditioned with either lime or anti -stripping agent approved by the Engineer. Anti -stripping agents shall meet the requirements of TxDOT Item 301 "Asphalt Antistripping Agents", and shall be added at the manufacturer's recommended dosage and temperature range. d. Type "C" Hot Mix Asphaltic Concrete (HMAC) as defined by the City of Lubbock paving specifications shall be used for asphalt paved street repairs on this project. The Contractor shall provide a current HMAC mix design using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: Type "C" Coarse Graded Surface Course Percent passing 7/8" 100 Percent passing 5/8" 98-100 Percent retained on 3/8" 12-25 Percent retained on No. 4 15-30 Percent retained on No. 10 12-30 Total Percent Retained on No. 10 53-65 Percent retained on No. 40 10-20 Percent retained on No. 80 5-15 Percent retained on No. 200 5-15 Percent assing No.200 1-6 Material passing the No. 40 sieve shall be known as soil binder and shall meet the following requirements: Eastport Industrial Area 02741-7 August 2008 Water System Improvements Liquid Limit shall not exceed: 45 Plasticity Index shall not exceed: 15 Linear Shrinkage shall not exceed: 5 e. The mineral aggregate shall not contain more than 0.5 percent moisture prior to entering the pugmill for mixing with asphalt. f. The HMAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt material. The percent asphalt in the mixture shall be determined to meet the Marshall Stability criteria as follows: Marshal Criteria Type "C" No. Blows each end of specimen) 75 Stability lb. 1500 Flow units of 0.01 inch 8 min. 16 max. Percent Air Voids 2 min 5 max Molding temperature for Marshal Criteria shall be 275 degrees Fahrenheit. PART 3 — EXECUTION 3.1 EXAMINATION A. Verify that subgrade is dry and in suitable condition to support paving and imposed loads. B. Proof -roll subbase using heavy, pneumatic -tired rollers to locate areas that are unstable or that require further compaction. C. Proceed with paving only after unsatisfactory conditions have been corrected. D. Surface shall be clean and free of loose dirt, rock, and any other foreign matter. 3.2 PRIME COAT A. Application a. Immediately following the surface preparation, apply the bituminous material by means of the bituminous distributor. Apply the bituminous material at a pressure range of twenty-five (25) to seventy-five (75) pounds per square inch within the temperature limits specified herein, and at a rate of not less than 0.20 gallon nor more than 0.30 gallon of bituminous material per square yard. Apply the bituminous material so that uniform distribution is obtained over the entire surface to be treated with slight puddling on the surface. Unless the distributor is equipped to obtain satisfactory results at the junction of previous and subsequent applications, spread building paper on the surface of the applied material for a sufficient distance back from the ends of each application, so that flow from the sprays may be started and stopped on the paper, and so that all sprayers will operate at full force on the surface to be treated. Immediately after the application, remove the building paper and apply bituminous material to spots missed by the distributor. B. Curing a. Following the application of bituminous material, allow the surface to cure without being disturbed for a period of not less than forty-eight (48) hours or longer as may be necessary, to attain penetration into the foundation course Eastport Industrial Area 02741-8 August 2008 Water System Improvements and evaporation of the volatiles from the bituminous material. Furnish and spread enough sand to effectively blot up and cure excess bituminous material. Maintain the primed surface until the succeeding layer of pavement } is placed by protecting the surface against damage and by repairing and repriming deficient areas. C. Temperature a. Maintain application temperature between 68 and 149 degrees Fahrenheit. D. Protection a. Keep traffic off surfaces freshly treated with bituminous material. Provide 1 sufficient warning signs and barricades to prevent traffic over freshly treated surfaces. 3.3 TACK COAT A. Application a. Apply the tack coat when the surface to be treated is dry. Immediately following the preparation of the surface for treatment, apply the bituminous material by means of the bituminous distributor, within the limits of temperature specified herein and at a rate of not less than 0.05 gallon nor more than 0.15 gallon of diluted emulsion per square yard. Apply the bituminous material so that uniform distribution is obtained over the entire surface to be treated. Treat lightly coated areas and spots missed by the distributor with the bituminous material. Following the application of bituminous material, allow the surface to cure without being disturbed for a period of time necessary to permit setting of the tack coat. Apply the bituminous tack coat only as far in advance of the placing of the overlying layer as required for that day's operation. Maintain and protect the treated surface from damage until the succeeding course of pavement is placed. B. Temperature a. Maintain application temperature between 122 and 185 degrees Fahrenheit. C. Material Test a. Perform spot test for asphalt in accordance with AASHTO T102 on each shipment. D. Traffic Controls a. Keep traffic off surfaces freshly treated with bituminous material. Provide sufficient warning signs and barricades to prevent traffic over freshly treated surfaces. 3.4 ASPHALT STABILIZED BASE COURSE (ASB) A. ASB shall not be placed when air temperature as reported by the National Weather Service is below 45 degrees Fahrenheit and falling. B. ASB shall be placed at a temperature between 255 and 285 degrees Fahrenheit during the months of June, July, and August. During other months, ASB shall be placed at a temperature between 275 and 325 degrees Fahrenheit. C. Any ASB material that is above or below the specified temperature range may be rejected. No payment will be made for any rejected material. D. ASB shall be placed and compacted in three (3) inch lifts, unless otherwise directed by the Engineer. The material shall be placed in such a manner that when properly compacted the finished course is smooth, of uniform density, and in conformance with required cross -sections and grades. Eastport Industrial Area 02741-9 August 2008 Water System Improvements 3.5 SURFACE COURSE A. HMAC shall be placed with a minimum compacted thickness of 1 1/2 inches unless otherwise shown on the plans. B. Laying of HMAC shall not start until sunrise, and must stop one hour before sunset. C. Air temperature requirements as follows: a. November I to April 1— HMAC shall not be placed when the air temperature is below 55 degrees Fahrenheit and falling. HMAC may be placed when the air temperature is above 50 degrees Fahrenheit and rising. b. April 1 to November 1— HMAC shall not be placed when the air temperature is below 50 degrees Fahrenheit and falling. HMAC may be placed when the air temperature is above 45 degrees Fahrenheit and rising. c. Air temperature shall be determined by the National Weather Service hourly report. D. If the temperature of any HMAC, measured while passing through the laydown machine, is 25 degrees Fahrenheit more or less than the mixing temperature, that load shall be rejected. No payment will be made for rejected material. E. The asphaltic mixture shall be dumped and spread on the approved prepared surface using an approved spreading and finishing machine. The material shall be placed in such a manner than when properly compacted the finished course is smooth, of uniform density, and in conformance with the cross -sections and grades shown on the associated plans. F. Raking loose material back across the HMAC mat will not be permitted. G. Wings of the laydown machine may not be dumped unless they are dumped after every load. H. A level up course, 1/2 inch or more in thickness, shall require the use of ASB or a coarse grade of HMAC approved by the Engineer. I. When the asphaltic mixture is placed in a small area where use of a finishing - machine is not practical, the Contractor may use other methods approved by the Engineer provided a satisfactory surface can be obtained. J. Adjacent to curbs, gutters, or other flush structures, the surface shall be finished uniformly high so that when compacted it will be 1/4 inch above the curb or flush structure. K. All joints shall present the same texture, density, and smoothness as other sections of the course. The joints between old and new pavements or between successive day's work shall be made to ensure a continuous bond between the old and new sections of the course. The transverse edges of old pavement and, if required by the Engineer, the successive day's pavement shall be cut with an approved concrete saw to expose an even vertical surface for the full thickness of the course. All contact surfaces of previously constructed pavement shall be painted with a thin uniform coat of hot bituminous material (tack coat) before the fresh mixture is placed. L. Rolling with three (3) wheel and tandem rollers shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive trips by at least half the width of the rear wheels. Alternate trips of the roller shall be slightly different in length. On super elevated curves, rolling shall begin at the low side and progress toward the high side. M. The motion of the rollers shall be slow enough to avoid displacement of the mixture. Rollers shall not be permitted to stand on pavement which has not fully compacted. Any displacement of the mixture shall be corrected immediately by the use of rakes and fresh mixture were required. Eastport Industrial Area 02741-10 August 2008 Water System Improvements N. Places inaccessible to the rollers may be compacted using lightly oiled tamps. Limited areas where required compaction cannot be obtained using a three (3) wheel roller shall be compacted with a trench type roller. O. The surface of the pavement after compaction shall be smooth and true to the established line, grade, and cross-section. When tested with a ten (10) foot straight edge placed parallel to the centerline of the roadway, or other means acceptable to the Engineer, the maximum deviation shall not exceed 1/8 inch in ten (10) feet. An acceptable ten (10) foot straight edge shall be provided by the Contractor. Any point in the surface not meeting this requirement shall be corrected as directed by the Engineer. When placed on existing surfaces, the 1/8 inch maximum deviation requirements may be waived by the Engineer. 3.6 JOINTS A. Construct joints to ensure a continuous bond between adjoining paving sections. Construct joints free of depressions with same texture and smoothness as other sections of hot -mix asphalt course. a. Clean contact surfaces and apply tack coat to joints. b. Offset longitudinal joints, in successive courses, a minimum of six (6) inches. c. Offset transverse joints, in successive courses, a minimum of twenty-four (24) inches. d. Construct transverse joints as described in Al MS-22, "Construction of Hot Mix Asphalt Pavements". e. Compact joints as soon as hot mix asphalt will bear roller weight without excessive displacement. f. Compact asphalt joints to a density within two (2) percent of specified course density. 3.7 COMPACTION A. General: Begin compaction as soon as placed hot mix paving will bear roller weight without excessive displacement. Compact hot mix paving with hot, hand tampers or vibratory plate compactors in areas inaccessible to rollers. a. Complete compaction before mix temperature cools to 185 degrees Fahrenheit. B. Breakdown Rolling: Complete breakdown or initial rolling immediately after rolling joints and outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. Correct laydown and rolling operations to comply with requirements. C. Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling while hot mix asphalt is still hot enough to achieve specified density. Continue rolling until hot mix asphalt course has been uniformly compacted to the following density: a. Average Density: ninety-six (96) percent of reference laboratory density according to AASHTO T 245, but not less than ninety-four (94) percent nor greater than one hundred (100) percent. D. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot mix asphalt is still warm. E. Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while asphalt is still hot, compact thoroughly. Eastport Industrial Area 02741-11 August 2008 Water System Improvements 1_ F. Repairs: Removed paved areas that are defective or contaminated with foreign materials and replace with fresh, hot mix asphalt. Compact by rolling to specified density and surface smoothness. G. Protection: After final rolling, do not permit vehicular traffic on pavement until is has cooled and hardened. so H. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked. 3.8 INSTALLATION TOLERANCES A. Thickness: Compact each course to produce the thickness indicated within the following tolerances: a. Base Course: Plus or minus 1/2 inch. b. Surface Course: Plus 1/4 inch, no minus B. Surface Smoothness: Compact each course to produce a surface smoothness within the following tolerances as determined by using a ten (10) foot straight edge applied transversely or longitudinally to paved areas: a. Base Course: 1/4 inch b. Surface Course: 1/8 inch c. Crowned Surfaces: Test with crowned template centered and at right angle to crown. Maximum allowable variance from template is 1/4 inch. 3.9 PAVEMENT MARKING A. Work Zone Pavement Marking — See Section 01555 — Barricades, Signs, and Traffic Handling, paragraph 2.2. f-J B. Permanent Pavement Markings a. All permanent pavement markings shall be Reflectorized multiploymer (Modified Urethane) applied in accordance with manufacturer's recommendations including surface preparation. IJ b. Permanent pavement markings including raised pavement markers shall be identical in size, shape, color, and location to pavement markings that exist prior to commencing the Work. c. Before removing existing pavement markings or existing paving, the Contractor shall inventory existing paving markings. The inventory shall include all information necessary to replace the markings in their original location following pavement reconstruction. d. Materials and installation for surface markings shall be in accordance with TxDOT Item 666, except markings may be applied between September 31 and March 1 if temperature and moisture limitations are not exceeded. LJ e. Materials and installation for raised pavement markers shall be in accordance with TxDOT Item 672, Class B. C. Elimination of Pavement Markings a. Existing pavement markings and raised pavement markers that are in conflict with work zone pavement markings shall be removed. b. Work zone markings that are not eliminated by street construction performed t by the Contractor shall be removed as described in this paragraph._ c. Approved methods for removal of markings on asphalt surfaces: i. Surface treatment application at least two (2) feet in width. 1 ii. Water or water -sand blasting. iii. Other methods proven to be successful to the Owner. d. Approved methods for removal of markings on concrete surfaces: Eastport Industrial Area 02741-12 August 2008 Water System Improvements _, 1 i. Burning performed in such a manner that does not damage concrete. ii. Water or water -sand blasting. iii. Other methods proven to be successful to the Owner. e. Removal of raised pavement markers and adhesive shall be by mechanical methods. 3.10 FIELD QUALITY CONTROL A. Testing Agency: The Contractor shall perform field tests and inspections and prepare test reports. a. Testing agency will conduct and interpret tests and state in each report whether tested work complies with or deviates from specified requirements. B. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance or replaced or additional work with specified requirements. C. Thickness: In -place compacted thickness of hot mix asphalt courses will be determined according to ASTM D 3549. D. Surface smoothness: Finished surface of each hot mix asphalt course will be tested for compliance with smoothness tolerances. E. In -Place Density: Testing agency will take samples of uncompacted paving mixtures and compacted pavement according to ASTM D 979 and AASHTO T 168. a. Reference maximum theoretical density will be determined by averaging results from four (4) samples of hot mix asphalt paving mixture delivered daily to site, prepared according to ASTM D 2401, and compacted according to job mix specifications. b. In -place density of compacted pavement will be determined by testing core samples according to ASTM D 1188 or ASTM D 2726. i. One (1) core sample will be taken for every 2000 square yards or less of installed pavement. F. Remove and replace or install additional hot mix asphalt where test results or measurements indicate that it does not comply with specified requirements. G. Owner may elect to take confirmation tests at Owner's expense. The Contractor shall cooperate with Owner's testing agency. Failing tests taken at Owner's direction shall be charged to the Contractor. Failing test charges shall include pro-rata technician charges, actual failing test charge, pro-rata mileage charge, and other pro -rated charges. 3.11 DISPOSAL A. Dispose of excess materials in accordance with the requirements of Section 01576 — Waste Material Disposal. a. Do not allow excavated materials to accumulate on site. END OF SECTION Eastport Industrial Area 02741-13 August 2008 Water System Improvements 3 DIVISION 3 CONCRETE SECTION 03300 CAST -IN -PLACE CONCRETE PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes, but is not limited to cast -in -place concrete, including formwork, reinforcing, mix design, placement procedures, curing, and finishes. 1.3 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash or other pozzolans, ground granulated blast -furnace slag, and silica fume. 1.4 SUBMITTALS A. Product Data: For each type of manufactured material and product indicated. B. Design Mixes: For each concrete mix, include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. a. Indicate amounts of mix water to be withheld for later addition at Project site. Water added at project site will not be permissible without paperwork showing how much water has been withheld. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed concrete work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. a. Manufacturer must be certified according to the National Ready Mixed Concrete Association's Certification of Ready Mixed Concrete Production Facilities. C. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. D. ACI Publications: Comply with the following, unless more stringent provisions are indicated: a. ACI 301— Specification for Structural Concrete .Akport Industrial Area 03300-1 Water System Improvements August 2007 b. ACI 117 —Specifications for Tolerances for Concrete Construction and Materials. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle steel reinforcement to prevent bending and damage. a. Avoid damaging coatings on steel reinforcement. PART 2 — PRODUCTS 2.1 FORM -FACING MATERIALS A. Smooth -Formed Finished Concrete: Form -facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. a. Plywood, metal, or other approved panel material. B. Rough -Formed Finished Concrete: Plywood, lumber, metal, earth, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit. C. Chamfer Strips: Wood, metal, PVC, or rubber strips, % by 3/4 inch, minimum. D. Form -Release Agent: Commercially formulated form -release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. a. Formulate form -release agent with rust inhibitor for steel form -facing materials. E. Form -Ties: Factory -fabricated, removable or snap -off metal or glass -fiber - reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. a. Furnish units that will leave no corrodible metal closer than one (1) inch to the place of the exposed concrete surface. b. Furnish ties that, when removed, will leave holes less than one (1) inch in diameter in concrete surface. c. Furnish ties with integral water -barrier plates to walls indicated to receive damp proofing or waterproofing. 2.2 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615, Grade 60, deformed 2.3 REINFORCEMENT ACCESSORIES A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. Manufacture bar supports according to CRSI's Manual of Standard Practice from steel wire, plastic, and as follows: a. For concrete surfaces exposed to view, where legs of wire bar supports contact forms, use CRSI Class 1 plastic -protected or CRSI Class 2 stainless - steel bar supports. b. For slabs -on -grade, use supports with sand plates or horizontal runners where base material will not support chair legs. c. Wood, concrete, or clay blocks are not permissible. Airport Industrial Area 03300-2 August 2007 Water System Improvements B. Joint Dowel Bars: Plain -steel bars, ASTM A 615, Grade 60. Cut bars true to length with ends square and free of burrs. 2.4 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I. a. Fly Ash: ASTM C 618, Class C. B. Normal -Weight Aggregate: ASTM C 33, uniformly graded, and as follows: a. Class: Moderate weathering region, but not less than 3M. C. Water: Potable and complying with ASTM C 94. 2.5 ADMIXTURES A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water-soluble chloride ions by mass of cementitious material and to be compatible with other admixtures and cementitious materials. Do not use admixtures containing calcium chloride. B. Air -Entraining Admixture: ASTM C 260. C. Water -Reducing Admixture: ASTM C 494, Type A. D. High -Range, Water -Reducing Admixture: ASTM C 494, Type F. E. Water -Reducing and Accelerating Admixture: ASTM C 494, Type E. F. Water -Reducing and Retarding Admixture: ASTM C 494, Type D. G. Moisture Retaining Film: Dayton Superior — Sure Film J-74. 2.6 CURING MATERIALS A. Clear, Waterborne, Membrane -Forming Curing Compound: ASTM C 309, Type 1, Class B. B. Curing blankets approved by the Engineer. 2.7 REPAIR MATERIALS A. Repair Underlayment: Cement -based, polymer -modified, self -leveling product that can be applied in thicknesses from 1/8 inch and that can be feathered at the edges to match adjacent elevations. a. Cement Binder: ASTM C 150, Portland Cement or hydraulic or blended hydraulic cement as defined in ASTM C 219. b. Primer: Product of underlayment manufacturer recommended for substrate, conditions, and application. c. Aggregate: Well -graded, washed gravel, 1/8 to 1/4 inch, or coarse sand as recommended by underlayment manufacturer. d. Compressive Strength: Not less than 4100 psi at 28 days when tested according to ASTM C 109. 2.8 CONCRETE MIXES A. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field data bases, as follows: a. Proportion normal -weight concrete according to ACI 211.1 and ACI 301. B. Standard design mix to be used unless noted otherwise, provide normal weight 1 concrete with the following properties: Airport Industrial Area 03300-3 August 2007 Water System Improvements f a. Compressive Strength (28 days): 3000 psi b. Type I cement c. Fly Ash: Allow up to 25% of cementitious material d. Minimum Slump: 4 inches e. Maximum Slump: 6 inches f. Maximum Slump for Concrete Containing High -Range Water -Reducing Admixture: 8 inches after admixture is added to concrete with 2 to 4 inch slump. g. Maximum Water/Cementitious Materials Ratio: 0.55 h. Add air -entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of five (5) to seven (7) percent, unless otherwise indicated. C. Cementitious Materials: For concrete exposed to deicers, limit percentage, by weight, of cementitious materials other than Portland cement according to ACI 301 requirements. D. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than Portland cement in concrete as follows: a. Fly Ash: 20 percent E. Do not air entrain concrete to trowel -finished interior floors and suspended slabs. Do not allow entrapped air content to exceed 3 percent. F. Admixtures with chloride ions are prohibited. G. Admixtures: Use admixtures according to manufacturer's written instructions. a. Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in concrete, as required, for placement and workability. b. Use water -reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions. c. Use water -reducing admixture in pumped concrete, concrete for heavy -use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a water/cementitious materials ratio below 0.50. 2.9 FABRICATING REINFORCEMENT A. Fabricate steel reinforcement according to CRSI's Manual of Standard Practice. 2.10 CONCRETE MIXING A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94, and as specified. a. When air temperature is between 85 degrees Fahrenheit and 90 degrees Fahrenheit, reduce mixing and delivery time from ninety (90) minutes to seventy-five (75) minutes, and when air temperature is above 90 degree Fahrenheit, reduce mixing and delivery time to sixty (60) minutes. PART 3 — EXECUTION Airport Industrial Area 033004 August 2007 Water System Improvements 3.1 FORMWORK A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until concrete structure can support such loads. B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. C. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual, as follows: a. Class B, 1/4 inch D. Construct forms tight enough to prevent loss of concrete mortar. E. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for included surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts form forming keyways, reglets, recesses, and the like, for easy removal. a. Do not use rust -stained steel form -facing material. F. Set edge of forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips, use strike -off templates, or compacting type screeds. G. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. H. Chamfer exterior corners and edges of permanently exposed concrete. I. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items. J. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. K. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. L. Coat contact surfaces of forms with form -release agent, according to manufacturer's written instructions, before placing reinforcement. 3.2 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast -in -place concrete. Use Setting Drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. a. Install anchor bolts, accurately located, to elevations required. 3.3 REMOVING AND REUSING FORMS A. General: Formwork, for sides of beams, walls, columns and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50 degree Fahrenheit for 52 hours after placing concrete provided concrete is hard enough to not be damaged by form - Airport Industrial Area Water System Improvements 03300-5 August 2007 removal operations and provided curing and protection operations are maintained. B. Leave formwork, for beam soffits, joist, slabs, and other structural elements, that supports weight of concrete un place until concrete has achieved the following: a. At least 70 percent of 28-day design compressive strength. b. Determine compressive strength of in -place concrete by testing representative field or laboratory cured test specimens according to ACI 301. C. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form -facing material will not be acceptable for exposed surfaces. Apply new form -release agent. D. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect. 3.4 SHORES AND RESHORES A. Comply with ACI 318, ACI 301, and recommendations in ACI 347R for design, installation, and removal of shoring and reshoring. B. Plan sequence of removal of shores and reshore to avoid damage to concrete. Locate and provide adequate reshoring to support construction without excessive stress or deflection. A. General: Comply with CRSI's Manual of Standard Practice for placing reinforcement. a. Do not cut or puncture vapor retarder. Repaid damage and reseal vapor retarder before placing concrete. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. D. All reinforcement to be in place prior to placing of concrete. Equipment will not be allowed to drive over reinforcement. A. General: Construction joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. a. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs. b. Form from preformed galvanized steel, plastic keyway -section forms, or bulkhead forms with keys, unless otherwise indicated. Embed keys at least 1-1/2 inches into concrete. c. Locate joints for beams, slabs, joists, and girders in the middle third of spans. Offset joints in girders a minimum distance of twice the beam width from a beam -girder intersection. Airport Industrial Area 03300-6 August 2007 Water System Improvements d. Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and girders and at the top of footings or floor slabs. e. Space vertical joints in walls as indicated. Locate joints beside piers integral with walls, near corners, and in concealed locations where possible. f. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. C. Contraction Joints in Slabs -on -Grade: Form weakened -plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of concrete thickness, as follows: a. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond -rimmed blades. Cut 1/8 inch wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks. D. Curb and Gutter Joints: Curbs and gutter shall be constructed with an expansion joint at the tangent point on each return at intersections and at the end of each day's concrete pour. A construction or contraction joint shall be located at intervals corresponding to the joint interval of the adjacent concrete pavement or as directed by the Owner's Representative. Joints in the new concrete pavement shall extend through the new curb and gutter unless otherwise directed by the Owner's Representative. All joints shall be perpendicular to the surface of the concrete and to the axis of the section. The contraction joints shall be made by cutting into the curb and gutter sections with a trowel a depth of 22 inches; these joints shall be finished as specified under finishing. E. Expansion joint material shall be an approved preformed bituminous impregnated non -extruding type jointing material, meeting the requirements of AASHTO M 213. The joint material shall be 1/2 inch thick, and shaped to the section of the curb and gutter or other work. F. Sidewalk Joints: Space contraction joints at 4 feet and expansion joints every 20 feet. Expansion joints shall be placed between existing and new setting of concrete. G. Dowel Joints: Install dowel sleeves and dowels or dowel bar and support assemblies at joints where indicated. a. Use dowel sleeves or lubricate or asphalt -coat one-half of dowel length to prevent concrete bonding to one side of joint. 3.7 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. B. Do not add water to concrete during delivery, at Project site, or during placement, unless approved by the Engineer. C. Before placing concrete, water may be added at Project site, subject to limitations of ACI 301. a. Do not add water to concrete after adding high -range water -reducing admixtures to the mix. b. Water may not be added beyond the limit of water withheld from the plant. D. Deposit concrete continuously or in layers of such thickness that no new concrete t will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete to avoid segregation. Airport Industrial Area 03300-7 August 2007 Water System Improvements L E. Deposit concrete in forms in horizontal layers no deeper than 24 inches and in a manner to avoid inclined construction joints. Place each layer while preceding I layer is still plastic, to avoid cold joints. a. Consolidate placed concrete with mechanical vibrating equipment. Use equipment and procedures for consolidating concrete recommended by ACI 309R. b. Do not use vibrators to transport concrete inside forms. Inset and withdraw _ vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. Place vibrators to rapidly penetrate placed layer A' and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix constituents to segregate. F. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is ' complete. _ a. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners. b. Maintain reinforcement in position on chairs during concrete placement. c. Screed slab surfaces with a straightedge and strike off to correct elevations. d. Slope surfaces uniformly to drains where required. e. Begin initial floating using bull floats or darbies to form a uniform and open - textured surface plane, free of humps or hollows, before excess moisture or bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations. G. Cold Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. a. When air temperature has fallen to or is expected to fall below 40 degree Fahrenheit, uniformly heat water and aggregates before mixing to obtain a concrete mix temperature of not less than 50 degrees Fahrenheit and not more than 80 degrees Fahrenheit at point of placement. b. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. c. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved in mix designs. H. Hot Weather Placement: Place concrete according to recommendations in ACI ; 35OR and as follows, when hot weather conditions exist: } a. Cool ingredients before mixing to maintain concrete temperature below 90 degrees Fahrenheit at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. b. Cover steel reinforcement with water -soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. Ii 4 Airport Industrial Area 03300-8 August 2007 Water System Improvements } 1 c. Fog -spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.8 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. Mix, place, and cure concrete, as specified, to blend with in -place construction. Provide other miscellaneous concrete filling indicated or required to complete Work. 3.9 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold -weather protection and with recommendations in ACI 305R for hot -weather protection during curing. B. Formed Surfaces: Cured formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. a. Leave forms in place for a minim of 3 days. b. Upon removal of forms, apply approved curing compound. C. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces, by the following method: a. Concrete shall be wet cured for 3 days after concrete placement. Wet curing shall begin immediately after final finishing of slab surface and shall consist of continuous misting by sprinkler or wet burlap. b. No work will be permitted on the slab during wet curing. c. Immediately after removal of sprinkler or burlap, Contractor shall apply approved curing compound. d. During cold weather concrete placement, in lieu of wet curing, the Contractor shall place plastic sheets over the concrete surface with blankets over the plastic. Plastic shall remain in place for 3 days. D. Sealing Coat: Uniformly apply a continuous sealing coat of curing and sealing compound to hardened concrete by power spry or roller according to manufacturer's written instructions. 3.10 FIELD QUALITY CONTROL A. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device will be permitted by the Engineer. END OF SECTION Airport Industrial Area 03300-9 August 2007 r1,3 Water System Improvements Avgmrolmpj MECHANICAL 1 SECTION 15061 WATER METER SERVICE TAPS PART 1 GENERAL 1.1 SUMMARY This section of specifications covers the 1", 1.5" and 2" water meter service taps. 1.2 SUBMITTALS Submit manufacturer's specifications on tapping saddles, copper pipe fittings, corporation stops, and copper pipe. PART 2 PRODUCTS 2.1 1" WATER METER SERVICE TAP 1. All 1" water meter taps shall be made with 1" full port corporation stop with AWWA standard tapered inlet threads. 2. Outlet side shall be 1" flared copper pipe connection. (Mueller # H-15000, Hays # 4400, Ford # F- 600-4, Mc Donald # 4701) or approved equal. 3. 1 "service pipe shall be Type K soft copper pipe. 4. 1" curb stop shall be full port ball valve. 5. Inlet shall be flared copper pipe fitting and the outlet shall be FIP fitting. 6. Brass AWWA C-800 specifications. (Mueller # B-25166-3, Hays # 4302-WR, Ford # B-21-444- WR, Jones # J-1901 W less stop, Mc Donald # 6112W) or approved equal. 2.2 1.5" AND 2" WATER METER SERVICE TAP 1. All 1.5" & 2" water meter taps shall be made with 2" full port corporation stop with AWWA standard tapered inlet threads. 2. Outlet side shall be 2" FIP connection. (Mueller # B-20046, Hays # 4483, Ford # FB-1700-7, Jones # J-1931, McDonald # 3149 B) or approved equal. 3. 2" service pipe shall be Type K Hard Temper Copper Pipe. 4. 2" curb stop shall be full port ball valve. 5. Inlet shall be 2" FIP connection and the outlet shall be 2" FIP connection. (Ford B11-777WR) or approved equal. 6. For 1.5" meter connection Contractor shall install 2" X 1.5" brass bushing in the outlet side of the 2" curb stop connection. 7. All copper pipe and copper pipe fittings shall be welded joints. 8. Use of pipes and pipe fittings that contain more than 8.0% lead or solders and flux that contains more than 0.2% lead is prohibited. Eastport Industrial Area 15061-1 August 2008 rl Water System Improvements 2.3 SERVICE TAPPING SADDLES 1. Clamps, double -strap having 12-mil nylon -coated ductile iron saddle with flat stainless steel straps and stainless steel bolts. 2. Provide required size tapping saddle with corporation stop in accordance with AWWA C800 for all service connection. 3. Type K copper water tubing shall be used to connect new taps to existing services 2-in or less in diameter. Install bushing as necessary to connect of existing meter. 4. Dresser Style 291 or approved equal. PART 3 EXECUTION 3.1 GENERAL Installation of all components shall be as recommended by the manufacturer and in compliance with Section 02511. END OF SECTION Eastport Industrial Area 15061-2 August 2008 Water System Improvements F� SECTION 15063 PIPE: COPPER PART 1 GENERAL 1.1 SUMMARY A. Section includes: 1. Copper piping, fittings, and appurtenances. 2. Related Sections include but not necessarily limited to: B. Division 1— General Requirements 1.2 QUALITY ASSURANCE A. Referenced Standards: I. American Society of Mechanical Engineers (ASME): a. B 16.22, Wrought Copper and Bronze Solder — Joint Pressure Fittings. b. B16.23, Cast Bronze Solder Joint Drainage Fittings DWV. c. B16.26, Cast Bronze Alloy Fittings for Flared Copper Tubes. 2. ASTM International (ASTM): a. B32, Standard Specifications for Solder Metal. b. B 42, Standard Specifications for Seamless Copper Pipe, Standard Sizes. c. B88, Standard Specifications for Seamless Copper Water Tube. d. B306, Standard Specifications for Copper Drainage Tube, (DWV). 3. American Welding Society (AWS): a. A5.8, Specifications for Filler Metals for Brazing and Braze Welding. 1.3 SUBMITTALS A. Conform to Section 01300 — Submittal Procedures. PART 2 PRODUCTS 2.1 MATERIALS A. Copper Tubing: 1. Pressure non -buried: ASTM B88, Type L hard. 2. Pressure buried: ASTM B88-Type K. 3. Non pressure: ASTM B306. B. Copper Pipe: ASTM B42, regular strength. C. Fittings: 1. Pressure non -buried: ASME B 16.22. 2. Pressure buried: ASME B 16.22 or ASME B 16.26. 3. Non pressure: ASME B 16.23. D. Soldering and Brazing: 1. Non buried: Eastport Industrial Area 15063-1 August 2008 r`:"' Water System Improvements a. ASTM B32 solder with a tin/antimony ratio of 95/5 and non corrosive flux up to 180 DegF water temperature. b. At 180 DegF and above use brazing alloy with melting temperature above 1000 DegF and suitable flux. 2. Buried: Silver solder per AWS A5.8 D. .Unions: 1. Pipe sizes 2-in and smaller: copper, ground joints. 2. Pipe sizes 2 %-in and larger: Brass flanged unions. PART 3 EXECUTION 3.1 GENERAL Installation of all components shall be as recommended by the manufacturer and in compliance with Section 02511. 3.2 FIELD QUALITY CONTROL Utilize only annealed (soft) type tubing where flared joints are used and drawn temper (hard) type tubing where soldered or brazed joints are used. END OF SECTION Eastport Industrial Area 15063-2 August 2008 Water System Improvements 1 �M SECTION 15064 r_ PIPE: PLASTIC PART 1 GENERAL 1.1 SUMMARY A. Section includes: 1. Plastic Pipe B. Related sections include but not necessarily limited to: 1. Division 1— General Requirements. 1.2 QUALITY ASSURANCE A. Referenced Standards: 1. ASTM International (ASTM): a. PVC (polyvinyl chloride materials: 1. D 1784, Standard Specifications for Rigid Polyvinylchloride Compounds. 2. D1785, Standard Specifications for Polyvinylchloride Plastic Pipe, Schedules 40, 80, and 120 3. D2467, Standard Specifications for Polyvinylchloride Plastic Pipe Fittings, Schedule 80. 2. American Water Works Association (AWWA): a. PVC (polyvinyl chloride) materials: 1. C900, Polyvinylchloride (PVC) Pressure Pipe and Fabricated Fittings, 4 in. Through 12 in. for Water Distribution. b. Polyethylene (PE) Materials 1. C901, Polyethylene (PE) Pressure Pipe Tubing and Fittings, %2 through 3 in. 1.3 SUBMITTALS Conform to Section 01300 — Submittal Procedures. PART 2 PRODUCTS 2.1 PRESSURE PIPING (UNDERGROUND) A. Materials: Furnish materials in full compliance with the following requirements: '/2-3 IN: AWWA C901 PE with Pressure Class of 150 per Table A3, AWWA C901. PART 3 EXECUTION 3.1 GENERAL Installation of all components shall be as recommended by the manufacturer and in compliance with Section 02511. END OF SECTION Eastport Industrial Area 15064-1 August 2008 Water System Improvements SECTION 15110 SPECIALITY VALVES PART 1 GENERAL 1.1 SUMMARY This section of specifications covers the Insta-Valve valves of 4", 6", 8", 10",12" and 16" Nominal Sizes. U.S. Patent # 6,810,903 Bl 1.2 SUBMITTALS Submit manufacturer's data and specifications for Hydra Stop Insta-Valve or approved equivalent. PART 2 PRODUCTS 2.1 INSTA-VALVE SYSTEM The Insta-Valve System shall provide a means to install a permanent block (open -close) valve into a pressurized water main - with no interruption of flow through the pipe and no reduction of line pressure (below 125 psig). The insertion of an Insta-Valve shall be accomplished through a single circular hole cut (under full line pressure) into the top of the pipe. The Insta-Valve, itself, permanently remains in the water distribution piping to allow shutdowns in the same manner as any gate, ball or butterfly block valve originally installed with the water main. 1. Machinery and Equipment This group shall include the Drilling Machine, which shall be used to cut (pressure tap) the access hole into the top of the pipe. Using various adaptors and inserting tools, this Drilling machine shall be used to install Insta-Valves. With the addition of certain parts, this Basic Machinery shall also be used for making conventional pressure taps and for installing and removing temporary linestops in water mains. Air or hydraulic drive motor or an optional electric drive shall be required to power the Drilling Machine to make the access cut (pressure tap) into the top of the pipe. 2. Insta-Valve: The Insta-Valve shall consist of three subassemblies: the Valve Body, which shall be mounted pressure -tight around the main; the Valve Cartridge, which shall be inserted, under full line pressure, into the Valve Body; and the Cartridge Closure Flange, which shall secure and permanently seal the Cartridge to the Body. Test and maximum operating pressures shall be as follows: Test pressure: 200 psig Working pressure: 150 psig A. Valve Body: The Valve Body shall consist of a two-part stainless steel fitting of the Saddle type with a Type L 304 stainless steel hollow cylindrical nozzle, welded to the upper saddle half. The two part Body shall be assembled around the water main and pressure -sealed to the main by a single griddled resilient sheet gasket. The gasket shall fully encircle the pipe, providing a 360-deg. full area seal. Suitable fasteners and supporting lugs shall be provided, as specified below. Eastport Industrial Area 15110-1 August 2008 Water System Improvements Saddles: Saddles shall be formed from Type 304L stainless steel. Minimum Upper Saddle thickness shall be 0.120", Lower Saddle, 0.083". The design of the Saddles, Bolting, Lugs and Armor Plates shall be such that the Fitting halves can be mounted, without further modification, pressure -tight onto the following 4", 6", 8" ,10",12" and 16" nominal size pipes: 1) Cast Iron: Pit Cast - Classes A, B, C. & D 2) Cast Iron: Centrifugal - Classes — all 3) Asbestos -Cement. Classes 100, 1504 & 200 4) Ductile Iron: Classes — all 5) PVC (AWWA C900): Classes 100, 150, & 200 Bolting Lugs Bolting lugs shall be Type 304L stainless steel weldments and shall be designed and positioned on the fitting halves to insure accurate assembly of both halves. After assembly around the pipe, the vertical spacing of the Bolting Lugs between the two fitting halves shall allow adjustment to accommodate the range of pipe diameters specified above. Bolting Studs: Bolting Studs, Nuts, along with any formed metal washers shall be fabricated from Type 304 stainless steel. All screw threads shall be 5/8-11UNC-2 (coarse). Nuts shall be heavy series. The number of fasteners per side of each fitting shall be as follows - 4"A; 6": 5; 8": 5, 10":6; 12": 6 16":24. Sheet Gasket: Sheet Gasket shall be molded from a virgin SBR elastomer compound that will resist compression set and is compatible with cold drinking water in the normal 32 to 120 deg. Minimum thickness of the Sheet Gasket shall be 0.125". A griddled ("waffle") pattern shall be molded on the inner side of the gasket. Each side (which lies parallel to the run of the pipe) of the Gasket shall be tapered to allow uniform distribution of clamping (gasket) pressure over the entire circumference of the pipe. A stainless steel Armor Plate shall be attached to each side of the Gasket to bridge the gap between the Saddle Halves. Nozzle Nozzle of the Upper Fitting Half shall be machined from Type 304 stainless steel, and shall have a weldneck Valve Flange with locking pins to mate with the top groove of the Stuffing Box Plate (which is part of the Valve Cartridge). Below these locking pins, the interior of the Nozzle shall be accurately bored to seal against the "O"- ring contained in the Stuffing Box Plate. The bore shall be further machined to provide a shoulder to vertically locate the Valve Cartridge when it is inserted into the Body. 1) Two opposing rectangular keyways shall be machined into the interior wall of the Nozzle to receive the Guide Keys on the Valve Cartridge Carrier. B. Valve Cartridge: Valve Cartridge shall consist of a Stuffing Box Plate, Valve Stem with Operating Nut, Valve Plugging Head that shall consist of a Carrier with an internal Deformable Sealing Element and two external Resilient Sealing Sleeves, and ancillary parts and fasteners. This Cartridge shall be inserted into the Nozzle under full line pressure by means of a Cartridge Inserter, which shall be attached to the Drilling Machine (that cut the access hole into the top of the main). Stuffing Bog Plate: Eastport Industrial Area 15110-2 August 2008 ril Water System Improvements Stuffing Box Plate shall retain the collar of the Valve Stem against the Cartridge Closure Flange to prevent vertical motion during normal operation of the Insta-Valve. Suitable thrust washers shall be installed above and below the Stem collar. 1) The bore of this plate shall provide a pressure sealing surface for "0"-rings mounted on the valve stem. 2) The exterior of this plate shall be grooved to receive locking pins installed from the nozzle flange after plate has been inserted into the nozzle and has seated against the internal nozzle shoulder. Below this pin groove, the plate shall be further machined to accept a "0"-ring to provide a pressure -seal between the exterior of the plate and the bore of the nozzle. 3) All "0"-rings and fasteners used in the stuffing plate and nozzle flange shall meet the requirements of AWWA C509. Valve Stem: During normal operation of the Insta-Valve, rotation of the stem shall advance the valve carrier with sealing devices into the fully closed position to stop flow in the pipe. Reversal of stem rotation shall retract the carrier into the completely open position, allowing full flow through the main. 1) The stem shall be machined from wrought bronze. The composition and strength of the bronze, the minimum dimensional requirements of the stem and collar shall conform to AWWA C509. With a'700 LB torque capacity. 2) At customer's option, the stem shall be machined to open the valve by turning it clockwise (open right) or counter clockwise (open left). 3) The top the stem shall be provided with a detachable, 2" square operating nut that shall conform to AWWA C509. Valve Plugging Head: Valve plugging head hall consist of two major components: rigid cylindrical Carrier and three elastomer sealing devices, along with connecting parts and fasteners. 1) Carrier shall be a rigid, solid cylinder, turned to provide clearance to enter the access (tapped) hole in the pipe. A vertical central slot shall be machined into the lower portion of the Carrier. This slot shall contain a single flat Deformable Sealing Element. The Carrier shall consist of a solid CM-909 body with rubber coating on the middle half of the CM-909 body. 2) Bottom of Carrier shall be hemispherical to generally conform to the bore of the pipe. It shall be designed to break and to dislodge tuberculation and other deposits that might interfere with a suitable shutdown. 3) The Carrier top, above the slot, shall contain an internal brass thread to mate with that on the Valve Stem. Suitable mechanical means shall be provided to attach the Deformable Element to the Carrier to insure retraction upon opening. 4) Rectangular Guide Keys shall be inserted to the top of the Carrier. These Keys shall be positioned to engage with and slide in the keyways machined into the interior walls of the Nozzle. This action shall maintain alignment of the Valve Cartridge when the Insta-Valve is operated. 5) A single Deformable Sealing Element shall be contained inside the slot in the Carrier. The Element shape shall be generally flat with the lower end semi- circular to seal the bottom of the pipe. The Carrier shall deform that Element into sealing contact with the pipe wall when the Insta-Valve is closed. 6) A Resilient Sleeve shall be attached to each of the two vertical cylindrical sides of the Carrier. When the Insta-Valve is closed, these two Sleeves shall seal against the Eastport Industrial Area 15110-3 August 2008 Water System Improvements L_ Deformable Element and those surfaces of the pipe not sealed by the element, thereby completing the shutdown. C. Cartridge Closure Flange: The Cartridge Closure Flange with a flat flange gasket shall be used to complete the installation of the Insta-Valve. After the Stuffing Box Plate has been seated on the shoulder in the Nozzle and the Lock Screws have been tightened from the Nozzle Flange, the Valve cartridge is now mechanically secure in the Valve Body. All water leakage paths have been sealed. The installation equipment shall now be removed and the Closure Flange shall be installed over the thrust washer in the Valve Stem. A Stem "O"- ring shall pressure -seal against a bored hole in the Closure Flange. The Flange shall then be bolted to the Nozzle flange, followed by installation of the Valve Operating Nut. Materials 1) Cartridge Closure Flange, at manufacturer's option, shall be machined from mild structural steel, cast or ductile iron. 2) "0"-rings; gaskets, thrust washers; flange bolts and nuts shall meet the requirements of AWWA C509. PART 3 EXECUTION 3.1 GENERAL Installation of hista-Valve valves shall be as recommended by the manufacturer. END OF SECTION Eastport Industrial Area 151104 August 2008 Water System Improvements 9 L Fire Hydrant Use Permit FIRE HYDRANT METER USE PERMIT The undersigned agrees to and will abide by the City of Lubbock Fire Hydrant Meter Use Permit. Additionally, the undersigned shall be considered the responsible party and will provide to the Water Utilities Department a valid driver's license bearing a picture of the undersigned, or a picture identification provided by the Department of Public Safety. In the event the meter is no longer in use and has not been returned, the meter may be considered stolen property and a report filed with the Lubbock Police Department. The information on this form will be given to the Lubbock Police Department to aid them in their investigation. Permittee: Company Name: Company Address: Citv: Company Phone Number: State: Zip Code Permittee's Home Address: City: State: Zip Code: Permittee's Home Phone Number: Permittee's Driver's License or picture ID number: If someone in addition to the Leasee may be contacted regarding the use of this meter, please provide contact information: Contact Person: Contact Person's Phone: Contact's Cell: Permittee's Signature: Effective Nov 10, 2003 Date: C:ID000ME-11187971LOCALS•1\Temp\City of Lubbock Fire Hydrant Meter Use and DepcsitAWeemeM Policy1 1.doc - 5 Fire Hydrant Use Permit This Fire Hydrant Use permit (the "Permit") is hereby granted by the Director of Water Utilities of the City of Lubbock (the "Director") to (the "Permiee"), under and pursuant to the following terms, conditions and provisions. The Director hereby grants, pursuant to Section 28-19 of the City of Lubbock Code of Ordinances, the right to Permittee to purchase water from the City for construction work purposes using meter number Fire Hydrant Meter Use The fire hydrant meter shall be, and remain the property of the City and may not be assigned or subleased by Permittee, nor shall Permittee allow the use of the fire hydrant meter by any other party. Permittee shall utilize the fire hydrant meter only within the boundaries of the City of Lubbock. Using a City of Lubbock fire hydrant meter on another water system constitutes theft of service from that water system and applicable legal charges may be filed by that water system. Security Deposit of Fire Hydrant Meter initials This deposit is for security for return and safe keeping of the fire hydrant meter. Permittee shall deposit with the City of Lubbock an amount equal to three (3) times the replacement cost of the fire hydrant meter $ for any meter checked out after November 10, 2003. Meters checked out prior to November 10, 2003, will not subject to the deposit but will be subject to the remainder of this Permit. A deposit of One Hundred Fifty Dollars ($150.00) shall be required in the event the Permittee is a non-profit organization. This reduced security deposit shall apply only to hose -end fire hydrant meters. Such meters may only be distributed and utilized by the Permittee over a weekend, being the hours of 5:00 p.m. on Friday through 8:00 a.m. the following Monday. The hose -end meters shall be returned by 12 noon the following Monday. Failure to return the hose -end by this specified time will result in the forfeiture by the Permittee of the deposit. C:IDOCUME-11187971LOCALS-1%TemplCity of Lubbock Fire Hydrant Meter Use and Deposit Agreement Policyt_1.doc Fire Hydrant Use Permit Damage to Meter In the event the fire hydrant meter is damaged or destroyed during the term of this Permit, y the City shall be entitled to deduct from the deposit the cost of any damage to the fire hydrant meter or theyvalue of replacement of the meter. In the event the fire hydrant meter is lost or stolen during the term of this Permit, the Permittee forfeits all of the security deposit. initials CZTfaR-1>4 The Permittee shall return the fire hydrant meter to the City of Lubbock Water Utilities Meter Shop located at 402 Municipal Drive, no less frequently than once every twelve (12) months for routine repairs and calibrations. This fire hydrant meter will be due for routine maintenance during the month of (date). Failure to return the fire hydrant meter for routine maintenance by the last day of the month will result in the forfeiture of the security deposit; and in addition the meter can be pulled from the job site by Water Utility personnel. Backflow initials All fire hydrant meters shall be equipped with a reduced pressure principal assemble (RPZ), to be installed by the City. In accordance with Section 6-100.2 of the City of Lubbock Code of Ordinances, the RPZ backflow prevention assembly shall be tested at least annually by the City at the same time the meter is returned for routine maintenance, the date which is provided in the preceding paragraph. In the event the Permittee does not return the fire hydrant meter for this test, this Permit may be terminated in accordance with the City of Lubbock Code of Ordinances. C:IDOCUME-1118797%LOCALS-1\TemplCity of Lubbock Fire Hydrant Meter Use and Deposit Agreement Polkyt_1.doc - 2 - Fire Hydrant Use Permit Rates initials All water utilized by the Permittee shall be taken through the fire hydrant meter, and shall be paid for by Permittee in accordance with Section 28-52 of the City of Lubbock Code of Ordinances, as applicable to the water base charge $ , and Section 28-53 of the City of Lubbock Code of Ordinances under Block 2 rate $ 1, as applicable to flow through the fire hydrant meter. Permittee acknowledges and stipulates that the base water charge provided in Section 28-52 of the City of Lubbock Code of Ordinances shall be due and payable to the City as provided herein regardless of whether any water is utilized by the Permittee. Billing initials Permittee shall provide a monthly read to the City. Attention: Christy Shrum at 775-2878., on the 25th day of each month, or on the next business day following this date if this date falls on a weekend or holiday. Payment shall be paid by the Permittee twenty-one (21) days after the 25t" day of each month, or on the next business day following such date if such date shall fall on a weekend or holiday. Simple interest of five percent (5%) shall be charged to the Permittee if the Permittee shall fail to pay by the stated bill date. Failure to pay such charges shall be cause for termination of service and this Permit as set forth in Section 28-24 of the City of Lubbock Code of Ordinances. Water Utilities employees will remove the fire hydrant from the job site and the security deposit will be applied to any outstanding balance on the account and to any necessary repairs. Delinquent Accounts Permittee acknowledges and agrees that Permittee shall not be entitled to utilize a fire hydrant meter to utilize water from a fire hydrant of the City in the event the Permittee shall owe an outstanding balance on any permitted fire hydrant meter account. r Alteration Permittee shall not damage or alter the fire hydrant meter in any way, manner or form. j C:ID000ME-11187971LOCALS-1\Temp\City of Lubbock Fire Hydrant Meter Use and Deposit Agreement Policy1 t.doo - - initials Fire Hydrant Use Permit Deductions from Security Deposit City shall be entitled to deduct from the security deposit any and all sums due and owing by Permittee to City related to this permit and/or the purchase of water from the City and the cost or expense of repairing any damage or alteration replacement of the fire hydrant meter. Waste of Water All hoses and devices used on the outlet side of the meter must be in good working order as to prevent leakage and water waste from the fire hydrant. Failure to keep hoses and devices in good working order will result in the meter being pulled from the job site. C:bDOCUME-1\1879711.00ALS-1%Temp%CAy of Lubbock Fire Hydrant Meter Use and Deposit Agreement Policyl t.doc - 4 - 4�!Rh TRAFFIC ENGIMERWO APPLICATION w• • w BARRICADE STREET w Barricade Location: Date: Permit#: Contractor: Phone: Serv. Fees: Ramon for Pennft Estimate Number of months for Barricade to be in place: Adjacent Land Use A RRICADE Adjacent Land Use A STREET WIDTH FEET 8 STREET USE FOR BARRICADE FEET (Outer edge of Barricade) C LENGTH OF BARRICADE FEET Issued & Approved By: TRAFFIC ENGINEERING DEPARTMENT Additional Comments: Barricade construction shall be according to building code requirements, Barricade Ordinance and approved by the Traffic Engineering Department. This permit shall be subject to being revoked if the conditions above are altered or not met by the contractor / owner. (Permit copies shall be provided to Contractor/ Owner.) L I CITY OF LUBBOCK INDMDUAL USE PERMIT UTILITY WORK IN RIGHT-OF-WAY PERMIT APPLICATION DATE COMPANY NAME MART LOCATION END LOCATION JOB DESCRIPTION PROJECTED WORK MART DATE PROJECTED WORK END DATE DRAWINGS SUBMITTED CONTACT INFORMATION NAME OFFICE No. CELL No. FAX No. EXCAVATION INFORMATION LENGTH (LF) WIDTH (IN) DEPTH (IN) CLOSURE INFORMATION STREET / ALLEY NOTE: A TRAFFIC CONTROL PLAN MUM BE SUBMITTED WITH ALL DRAWINGS THAT ARE SPECIFIC TO THIS PERMIT. CLOSURE TYPE STREET COMPLETELY CLOSED FOR DURATION OF WORK STREET- COMPLETELY CLOSED FOR WORK HOURS ONLY STREET SINGLE LANE CLOSED FOR DURATION STREET MULTIPLE LANES CLOSED FOR DURATION SHOULDER WORK ALLEY- COMPLETELY CLOSED FOR DURATION OF WORK ALLEY- COMPLETELY CLOSED FOR WORK HOURS ONLY I BORING AND CUT INFORMATION PAVEMENT CUT PRIMARY PAVEMENT TYPE ASPHALT PAVEMENT (CY) L_ CONCRETE PAVEMENT (CY) SIDEWALK (SY) CURB / GUTTER (LF) BORING (LF) ACCESS RAMPS (EA) r ; NOTE: A COPY OF THE APPROVED PERMIT IS TO BE POSTED, AT ALL TIME, AT THE SITE WHERE THE WORK IS BEING COMPLETED. L AT THE COMPLETION OF ABOVE STATED WORK A CERTIFICATE OF COMPLETION IS TO BE SUBMITTED WITH A COMPLETE SET OF CONSTRUCTION PLANS TO THE CRY OF LUBBOCK RIGHT411-WAY MANAGEMENT OFFICE. DISCLAIMER: THE UNDERSIGNED CERTIFIES THAT THE WORK BEING AUTHORIZED BY THE ABOVE REFERENCED PERMIT WILL BE COMPLETED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 24, ARTICLES IV AND VIE OF THE CITY OF LUBBOCK CODE OF ORDINANCES. UNDER SECTION 24.179 (Sh BY ACCEPTANCE OF A PERMIT, THE APPLICANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE CRY OF LUBBOCK, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DAMAGES, SUITS, ATTORNEYS' FEES, CAUSES OF ACTION, AND JUDGMENTS WHICH MAY RESULT IN ANY MANNER FROM THE CONSTRUCTION OR LAYING OF ANY IMPROVEMENTS UPON ANY PUBLIC STREET, ALLEY, OR RKGHT-0114VAY IN THE CITY. SIGNATURE: DATE: Excavation shall mean an activity that removes or otherwise disturbs soil in the right-of-way at a depth of twelve inches (I TJ or more, or disturbs any street or alley pavement of any depth. Major project shalt mean a utility project requiring installation or replacement of utility facilities in the right-of-way for a distance greater than one (1) mile. New street shall mean the paved portion of the street right-of-way that has been constructed or reconstructed in the last five (5) years. Pavement Condition Index (PCI) shall mean a measure of the condition of the street. on a scale of 1 to 100. The PCI is available from the Pavement Management Office of the City's Street Maintenance Department. Permit holder shall mean any person, partnership, corporation, utility, ROW User or any other legal entity that has been granted a permit for construction work in the City's right-of-way or other public property. ROW User shall mean a franchised utility, a certificated telecommunications company, or any other privately or publicly owned utility authorized to conduct business using City right-of-way in order to install, construct, maintain or repair their facilities in the City right-of-way. The term ROW User shall also include any contractor or other agent or person engaged by a ROW User to work on facilities located in City right-of- way. The granting of a permit to a contractor or agent of a ROW User shalt be deemed to be the granting of a permit to the ROW User for purposes of this Article. Street in go(xl condition shall mean the paved portion of the street right-of-way that has a PCI of 92 or above. TMUTCD shall mean the Texas Manual on Uniform Traffic Control Devices, latest edition. Utility shall mean any privately or publicly owned entity which uses public rights - of -way to furnish to the public any general public service, including, without limitation, sanitary sewer, storm sewer, gas, electricity, water, telephone, telecommunications, petroleum products, telegraph, heat. steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. White lining means marking an excavation site with washable marking paint or flags prior to requesting a utility locate in order to further identity the site. DIVISION 2. PERMITS; REGISTRATION. 9111 law ' i tt� u c ng-o way. ,MYM1t15ttfh11WAI foi any person, partnership, corporation, utility. ROW User or other business entity to engage in utility construction activities of any nature that will encroach upon or be located in, on or within a street, alley or other public right-of- way or other public property within the City of Lubbock without having first obtained a "Construction Permit" from the city engineer to perform the work unless said work is commenced in an emergency situation as authorized by this Article. (b) A permit shall be required for utility installations in the streets and alleys of new subdivisions that have been accepted by the City or that are in the process of being accepted by the City through the platting procedures for new subdivisions as described by Chapter 25 of this Code. This permit does not grant access rights to private property. Any access needed by the permit holder to private property will require permission and/or coordination of any construction activities with the developer or property owner. In the event of a joint trench for multiple utilities, the contractor excavating the trench will be responsible for securing the permit. (c) However, no permit shall be required for the installation and connections necessary to initiate service to a customer's property or routine repair and maintenance of existing facilities that will interfere with traffic for less than one hour or excavate less than twelve (12) inches in depth, unless such activity requires the breaking of pavement, boring, or excavating with equipment greater than hand tools or a vibrating plow designed to install lines up to a three (3) inch diameter. (d) The city engineer also may issue an annual "General Permit" for routine maintenance or repair of existing facilities or service line utility work in the right-of-way for excavations that exceed twelve (12) inches in depth or work that interferes with tragic for more than one (1) hour or an activity that requires breaking the pavement or boring. Notification of routine work shall be given to the City on a daily, weekly or such other schedule as may be prescribed by the city engineer. Sec. 24-174. Backfilling, Compaction, Etc. All backfilling, compaction, pavement restoration, barricading and other traffic control measures for work within the public right-of-way, and other City owned properties, shall strictly comply with the requirements of this Article. Sec. 24-175. Notice. Notice for purposes of this ordinance shall be made to City and emergency service providers via electronic message (E-Mail), overnight courier (generally used carrier with tracing available), or hand delivery with signed receipt or facsimile to the City Department or emergency service provider. i Sec. 24-176. Registration, permit. I All ROW Users and other persons obtaining a permit under Section 24-173 must first register with the City and supply contact information and other requested information 1 before they will be issued an initial permit. Registration information must be renewed annually thereafter. All ROW Users or other registered persons shall report any changes in its registration information within thirty (30) days of such change. No ROW User or other person shall be authorized to engage in any utility construction activities without first registering and obtaining the applicable permit for the work from the City. Sec. 24-1 77. Registration Information. The information required for registration includes the following: (a) Identity and legal status of ROW User and names of all operators of any facilities on or in the right-of-way; (b) Name, address, telephone number, fax number and email address of officer, agent or employee responsible for the accuracy of the registration information; (c) Name, address, telephone number, fax number and email address of the local representative of the right-of-way user who shall be available at all times to act on behalf of the ROW User in the event of an emergency; (d) If applicable, certification number issued by the Public Utilities Commission; (e) General description of Services to be provided; and (f) Insurance information. Sec. 24-178. Permit Application, fee. (a) Applications for a construction permit that will affect public right-of-way shall be made on forms provided by the City of Lubbock and such applications shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate: (1) That construction will be in accordance with all applicable codes, rules and regulations. (2) The location of all above -ground facilities to be installed, including poles. (3) The location, depth and other characteristics of all facilities to be installed under the surface of the ground, including lines which are within the public right-of-way. (4) The location of all existing underground utilities, conduits, ducts. pipes, mains and installations which are known by the applicant at the time of application to be within the right-of-way along the underground route proposed by the applicant. (b) The city engineer or his or her designee may, in his or her discretion, require additional information to determine whether: (1) The construction methods to be employed will adequately protect existing structures, fixtures, facilities within or adjacent to the public rights -of - way. (2) A landscape plan for protecting or restoring any areas to he disturbed during construction is necessary. (c) All permit applications shall be accompanied by a certification that the drawings. plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. (d) All applications for a construction permit or a general permit under Sec. 24- 173 shall be accompanied by a fee of $30.00. A fee is not required for permit applications under Sec. 24-173 by franchised utilities or by telecommunications providers certificated by the Public Utility Commission for local service exempted from payment of such fees pursuant to Section 283-056, Local Government Code, or their contractors. City Departments and contractors hired by the City doing construction in the right-of-way or on other City property shall be required to obtain a permit, but shall be exempted from payment of the permit fee. (e) Should a contractor be engaged by a franchised utility, utility or certificated telecommunications company authorized to perform work in the City's public right-of- way, the contractor's registration information shall include information applicable to both the franchised utility, utility or telecommunications company and the contractor if the employer is not already registered with the City. The permit will be issued to the person, contractor or legal entity actually performing the work in the right-of-way. Sec. 24-174. Insurance. (a) The applicant for permit shall furnish a certificate of insurance for public liability and property damage, issued by a solvent insurance company or companies authorized to do business in this state, or evidence of self-insurance satisfactory to the City evidencing that the City is adequately protected from any liability or damages resulting by virtue of applicant's construction. The certificate of insurance shall be tiled with each application for permit. The public liability and property damage insurance required herein shall have a minimum limit of one hundred thousand dollars ($100,000.00) property damage per occurrence, three hundred thousand dollars ($300,000.00) bodily injury per occurrence, and ten thousand dollars (S 10,000.00) for any single occurrence for injury to or destruction of property. (b) By acceptance of a permit, the applicant agrees to indemnify and hold harmless the City, its officers, agents, servants, and employees from any and all claims, damages, suits, attorneys' fees, causes of action, and judgments which may result in any s manner from the construction or laying of any improvements upon any public street, alley, or right-of-way in the City. (c) By acceptance of a permit, the applicant agrees to, during the period of ! construction and prior to the acceptance of such improvements by the City, maintain such public street, alley, or right-of-way in a safe condition and issue all necessary instructions and take all precautions as may be reasonably required to maintain such public streets or alleys in a safe condition for all public use. i (d) Permits for utility work performed by City crews within the public right-of- way or on public property shall not require insurance. Sec. 24-180. issuance = The City Engineer shall issue a permit under this section within five (5) business days of the submittal of the application when the following conditions are met: (a) "The plans for the proposed construction are in conformity with the standards and specifications of the City for such work, and the applicant has paid such fees required by section 24-178. (b) The applicant has submitted a duly executed application, containing all of the information and data called for by section 24-178, including the proposal by the applicant, as part of such application, to indemnify the City against all loss, damages and liability as provided in subsections (b) of section 24-179, and to maintain the streets or alleys in safe condition and to issue instructions and take the precautions for public safety as provided in subsection (c) of section 24-179. (c) That the certificates of public liability and property damage insurance have been furnished to the City Engineer for permits issued under section 24- t 73 all in accordance with the provisions of section 24-179. (d) The operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means and access to and from the property affected and adjacent properties. (e) That the health, welfare, and safety of the public will not be unreasonably impaired. (0 The city engineer may require more time than five (S) days to issue the permit for major utility projects in the ROW. A major project is installation or replacement of a utility facility greater than one (1) mile in length. Meetings to review the project may be required between the permit applicant and the city engineer or his or her designee for major projects. Sec. 24-181. Construction schedule. "The permit holder shall submit a written construction schedule if required by the permit to the city engineer or his or her designee two (2) business days before commencing any work in or about the public rights -of -way. Sec. 24-182. Notice to At1'ected Property Owners and Emergency Responders. (a) The permit holder shall notify property owners of intended work if the work may impact the owner's ability to access their property, or impact their normal daily activities, such as accessing their solid waste dumpster to dispose of household trash.. (b) If the work will impact several ownem such as a full City block, the permit holder shall place door hangers, or other notification techniques, along the affected area that will furnish information on work to be done, such as: type of work; expected schedule; and permit holder company contact information, including daytime and emergency contact names and numbers. Such notification shall be done at least two (2) calendar days prior to commencing the permitted work and record of such notifications shall be retained by the permit holder. (c) Should damage occur to abutting private property, or damage occur to utility service to the private property, the permit holder will contact the property owner immediately and coordinate the repairs to the property or service with the Owner. (d) The permit holder shall contact emergency response agencies, such as police, fire and ambulance service prior to commencement of any work that may impact access to a street or alley. Emergency response agencies shall be notified by the permit holder if a residential or commercial street is to be closed for any length of time, or one lane or more of a collector or thoroughfare street is to be closed for any length of time, or if an alley is to be blocked for more than 48 hours. Service agencies that may be impacted, such as solid waste collection, shall be contacted, and alternate service coordinated, prior to the beginning of work that may impact these services. Sec. 24-183. Compliance with permit. All construction activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The city engineer and his or her representatives shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements. See. 24- t 84. Display of permit. The permit holder shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the city engineer or his or her representatives at all times when construction work is occurring. Sec. 24-185. Survey of underground facilities. If the construction permit specifies the location of new facilities by depth, line, grade, proximity to other facilities or other standard, the city engineer or his or her designee may require the permit holder to provide written verification, if reasonably necessary, of the location of such facilities by a registered surveyor. If requested by the city engineer or his or her designee, the permit holder shall relocate any facilities that are not located in compliance with permit requirements. Sec. 24-186. Non -complying work. Upon order of the city engineer or his or her designee, all work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this article, shall be removed. Sec. 24-187. Completion of construction. The permit holder shall promptly complete all construction activities so as to minimize disruption of the public rights -of -way and other public and private property. All construction work authorized by a permit within the public rights -of -way, including restoration, must be completed within one hundred twenty (120) calendar days of issuance, or by such other date as may be agreed upon by the city engineer and his or her designee. Sec. 24-189. Utility Construction as -built drawings. Within sixty (60) calendar days after completion of construction, the permit holder shall furnish the city engineer with a complete set of plans, certifying to the city that they accurately depict the location of all utility facilities constructed pursuant to the permit. Sec. 24-189. Restoration of right-of-way improvements. (a) Upon completion of any construction work, the permit holder shall promptly repair or restore any and all public street rights -of -way, including any and all public and private fixtures, structures and facilities lawfully located therein, to as good as or better a condition as before the start of construction. Unpaved portions of alley rights -of -way shall be leveled, tilled, bladed and worked in such a manner as to leave the alley in a safe and usable condition. Complete preconstruction photographs or videos of the work site are required of all permit holders and shall be submitted to the city engineer upon request. (b) Persons placing physical obstructions such as landscaping objects, irrigation systems and fences within the right-of-way without legal authorization shall bear the risk of damage to such obstructions due to utility construction work. The repair or replacement of such unauthorized physical obstructions unavoidably damaged by utility construction work shall be the sole responsibility of the adiacent property owner or other person placing such unauthorized physical obstruction in the right-of-way. Sec. 24-190. Restoration of trees, shrubs and other vegetation. (a) Ali landscaping trees, shrubs and other vegetation damaged or disturbed within the street right-of-way as a result of the construction. installation, maintenance, U.S. Department Advisory of Transportation Federal Aviation Circular Administration Subject: OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION 1. THE PURPOSE OF THIS ADVISORY CIRCULAR (AC). Aviation safety is the primary consideration at airports, especially during construction. This AC sets forth guidelines for operational safety on airports during construction. It contains major changes to the following areas: "Runway Safety Area," paragraph 3-2; "Taxiway Safety Areas/Object-Free Areas," paragraph 3-3; "Overview," paragraph 3-4; "Marking Guidelines for Temporary Threshold," paragraph 3-5; and "Hazard Marking and Lighting," paragraph 3-9. 2. WHAT THIS AC CANCELS. This AC cancels AC 150/5370-2D, Operational Safety on Airports During Construction, dated May 31, 2002. 3. READING MATERIAL RELATED TO THIS AC. Appendix 1 contains a list of reading materials on airport construction, design, and potential safety hazards during construction, as well as instructions for ordering these documents. Many of them, including this AC, are available on the Federal Aviation Administration (FAA) Web site. DAVID L. BENNETT Director, Office of Airport Safety and Standards Date: 1/17/03 AC No: 150/5370-2E Initiated by: AAS-300 Change: 4. WHO THIS AC AFFECTS. This AC assists airport operators in complying with 14 Code of Federal Regulations (CFR), part 139, Certification and Operation: Land Airports Serving Certain Air Carriers, and with the requirements of airport construction projects receiving funds under the Airport Improvement Program or from the Passenger Facility Charge Program. While the FAA does not require noncertificated airports without grant agreements to adhere to these guidelines, we recommend that they do so as it will help these airports maintain a desirable level of operational safety during construction. 5. ADDITIONAL BACKGROUND INFORMATION. Appendix 2 contains definitions of terms used in this AC. Appendix 3 provides airport operators with boilerplate format and language for developing a safety plan for an airport construction project. Appendix 4 is a sample Notice to Airmen form. 6. HAZARD LIGHTING IMPLEMENTATION TIME LINE. Supplemental hazard lighting must be red in color by October 1, 2004. See paragraph 3-9 for more information. 1/17/03 CONTENTS Paranraph AC 150/5370-2E Pane CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES.................................................I 1-1. Overview..................................................................................................................................................................1 1-2. Who Is Responsible for Safety During Construction...............................................................................................1 CHAPTER2. SAFETY PLANS................................................................................................................................3 Section 1. Basic Safety Plan Considerations.......................................................................................................3 2-1. Overview.................................................................................................................................................................. 3 2-2. Safety Plan Checklist................................................................................................................................................3 Section2. Safety and Security Measures.............................................................................................................4 2-3. Overview.................................................................................................................................................................. 4 2-4. Vehicle Operation and Marking and Pedestrian Control..........................................................................................4 2-5. Construction Employee Parking Areas.....................................................................................................................5 2-6. Construction Vehicle Equipment Parking................................................................................................................5 2-7. Radio Communication Training...............................................................................................................................5 2-8. Fencing and Gates....................................................................................................................................................5 Section 3. Notification of Construction Activities................................................................................................5 2-9. General.....................................................................................................................................................................5 2-10. Assuring Prompt Notifications.................................................................................................................................6 2-11. Notices to Airmen(NOTAMs).................................................................................................................................6 2-12. Aircraft Rescue and Fire Fighting (ARFF) Notification...........................................................................................6 2-13. Notification to the FAA............................................................................................................................................6 2-14. Work Scheduling and Accomplishment...................................................................................................................6 CHAPTER 3. SAFETY STANDARDS AND GUIDELINES......................................................................................7 Section 1. Runway and Taxiway Safety Areas, Obstacle -Free Zones, and Object -Free Areas ......................7 3-1. Overview.. ...........................................................................................................:.................................................... 7 3-2. Runway Safety Area(RSA)/Obstacle-Free Zone(OFZ)..........................................................................................7 3-3. Taxiway Safety Areas/Object-Free Areas................................................................................................................7 Section2. Temporary Runway Thresholds..........................................................................................................a 3-4. 3-5. Overview.................................................................................................................................................................. 8 Marking Guidelines for Temporary Threshold......................................................................................................... 8 3-6. Lighting Guidelines for Temporary Threshold.........................................................................................................9 Section 3. Other Construction Marking and Lighting Activities......................................................................10 3-7. Overview................................................................................................................................................................10 3-8. Closed Runway and Taxiway Marking and Lighting.............................................................................................10 3-9. Hazard Marking and Lighting................................................................................................................................10 3-10. Construction Near Navigational Aids(NAVAIDs)................................................................................................11 3-11. Construction Site Access and Haul Roads..............................................................................................................11 3-12. Construction Material Stockpiling..........................................................................................................................11 3-13. Other Limitations on Construction.........................................................................................................................11 3-14. Foreign Object Debris (FOD) Management...........................................................................................................12 Section4. Safety Hazards and Impacts..............................................................................................................12 3-15. Overview................................................................................................................................................................12 I AC 150/5370-2E Appendices APPENDIX 1. RELATED READING MATERIAL ................ APPENDIX 2. DEFINITIONS OF TERMS USED IN THE AC .............................................. 1/17/03 ........................ A4 A-2 APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE.............................................................. A-3 APPENDIX4. SAMPLE NOTAM............................................................................................................................ A-7 M 1/17/03 AC 150/5370-2E CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES 1-1. OVERVIEW. Hazardous practices and marginal conditions created by construction activities can decrease or jeopardize operational safety on airports. To minimize disruption of normal aircraft operations and to avoid situations that compromise the airport's operational safety, the airport operator must carefully plan, schedule, and coordinate construction activities. While the guidance in this AC is primarily used for construction operations, some of the methods and procedures described may also enhance day- to-day maintenance operations. 1-2. WHO IS RESPONSIBLE FOR SAFETY DURING CONSTRUCTION. An airport operator has overall responsibility for construction activities on an airport. This includes the predesign, design, preconstruction, construction, and inspection phases. Additional information on these responsibilities can be found throughout this AC. a. Airport operator's responsibilities— (1) Develop internally or approve a construction safety plan developed by an outside consultant/contractor that complies with the safety guidelines in Chapter 2, "Safety Plans," and Appendix 3, "Airport Construction Safety Planning Guide," of this AC. (2) Require contractors to submit plans indicating how they intend to comply with the safety requirements of the project. (3) Convene a meeting with the construction contractor, consultant, airport employees, and, if appropriate, tenant sponsor to review and discuss project safety before beginning construction activity. (4) Ensure contact information is accurate for each representative/point of contact identified in the safety plan. (5) Hold weekly or, if necessary, daily safety meetings to coordinate activities. (6) Notify users, especially aircraft rescue and fire fighting (ARFF) personnel, of construction activity and conditions that may adversely affect the operational safety of the airport via Notices to Airmen (NOTAMs) or other methods, as appropriate. Convene a meeting for review and discussion if necessary. (7) Ensure that construction personnel know of any applicable airport procedures and of changes to those procedures that may affect their work. (8) Ensure that construction contractors and subcontractors undergo training required by the safety plan. (9) Develop and/or coordinate a construction vehicle plan with airport tenants, the airport traffic control tower (ATCT), and construction contractors. Include the vehicle plan in the safety plan. See Chapter 2, section 2, of this AC for additional information. (10) Ensure tenants and contractors comply with standards and procedures for vehicle lighting, marking, access, operation, and communication. (11) At certificated airports, ensure that each tenant's construction safety plan is consistent with 14 CFR part 139, Certification and Operations: Land Airports Serving Certain Air Carriers. (12) Conduct frequent inspections to ensure construction contractors and tenants comply with the safety plan and that altered construction activities do not create potential safety hazards. (13) Resolve safety deficiencies immediately. (14) Ensure construction access complies with the security requirements of 49 CFR part 1542, Airport Security. (15) Notify appropriate parties when conditions exist that invoke provisions of the safety plan (e.g., implementation of low -visibility operations). b. Construction contractor's responsibilities— (1) Submit plans to the airport operator on how to comply with the safety requirements of the project. (2) Have available a copy of the project safety plan. (3) Comply with the safety plan associated with the construction project and ensure that construction personnel are familiar with safety procedures and regulations on the airport. (4) Provide a point of contact who will coordinate an immediate response to correct any construction -related activity that may adversely affect the operational safety of the airport. (5) Provide a safety officer/construction inspector familiar with airport safety to monitor construction activities. (6) Restrict movement of construction vehicles to construction areas by flagging and barricading, erecting temporary fencing, or providing escorts, as appropriate. AC 150/5370-2E (7) Ensure that no construction employees, employees of subcontractors or suppliers, or other persons enter any part of the air operations areas (AOAs) from the construction site unless authorized. c. Tenant's responsibilities if planning construction activities on leased property— (1) Develop a safety plan, and submit it to,the airport operator for approval prior to issuance of a Notice to Proceed. (2) Provide a point of contact who will coordinate an immediate response to correct any 1/17/03 construction -related activity that may adversely affect the operational safety of the airport. (3) Ensure that no tenant or construction employees, employees of subcontractors or suppliers, or any other persons enter any part of the AOA from the construction site unless authorized. (4) Restrict movement of construction vehicles to construction areas by flagging and barricading or erecting temporary fencing. ti 1 2 I f i 1/17/03 CHAPTER 2. SAFETY PLANS Section 1. Basic Safety Plan Considerations 2-1. OVERVIEW. Airport operators should coordinate safety issues with the air carriers, FAA Airway Facilities, and other airport tenants before the design phase of the project. The airport operator should identify project safety concerns, requirements, and impacts before making arrangements with contractors and other personnel to perform work on an airport. These safety concerns will serve as the foundation for the construction safety plan and help maintain a high level of aviation safety during the project. The airport operator should determine the level of complexity of the safety plan that is necessary for each construction project and its phases. The safety plan may be detailed in the specifications included in the invitation for bids, or the invitation for bid may specify that the contractor develop the safety plan and the airport operator approve it. In the latter case, the invitation for bid should contain sufficient information to allow the contractor to develop and determine the costs associated with the safety plan. In either case, safety plan costs should be incorporated into the total cost of the project. The airport operator has final approval authority and responsibility for all safety plans. Coordination will vary from formal predesign conferences to informal contacts throughout the duration of the construction project. Details of a specified safety plan, or requirements for a contractor -developed safety plan, should be discussed at the predesign and preconstruction conferences and should include the following, as appropriate: a. Actions necessary before starting construction, including defining and assigning responsibilities. b. Basic responsibilities and procedures for disseminating instructions about airport procedures to the contractor's personnel. c. Means of separating construction areas from aeronautical -use areas. d. Navigational aid (NAVAID) requirements and weather. e. Marking and lighting plan illustrations. E Methods of coordinating significant changes in airport operations with all the appropriate parties. AC 150/5370-2E 2-2. SAFETY PLAN CHECKLIST. To the extent applicable, the safety plan should address the following: a. Scope of work to be performed, including proposed duration of work. b. Runway and taxiway marking and lighting. c. Procedures for protecting all runway and taxiway safety areas, obstacle -free zones (OFZs), object -free areas (OFAs), and threshold citing criteria outlined in AC 15015300-13, Airport Design, and as described in this AC. This includes limitations on equipment height and stockpiled material. d. Areas and operations affected by the construction activity, including possible safety problems. e. NAVAIDs that could be affected, especially critical area boundaries. f. Methods of separating vehicle and pedestrian construction traffic from the airport movement areas. This may include fencing off construction areas to keep equipment operators in restricted areas in which they are authorized to operate. Fencing, or some other form of restrictive barrier, is an operational necessity in some cases. g. Procedures and equipment, such as barricades (identify type), to delineate closed construction areas from the airport operational areas, as necessary. h. Limitations on construction. i. Required compliance of contractor personnel with all airport safety and security measures. j. Location of stockpiled construction materials, construction site parking, and access and haul roads. k. Radio communications. L Vehicle identification. m. Trenches and excavations and cover requirements. AC 150/5370-2E n. Procedures for notifying ARFF personnel if water lines or fire hydrants must be deactivated or if emergency access routes must be rerouted or blocked. o. Emergency notification procedures for medical and police response. p. Use of temporary visual aids. q. Wildlife management. r. Foreign object debris (FOD) control provisions. s. Hazardous materials (HAZMAT) management. t. NOTAM issuance. 1/17/03 w. Procedures for contacting responsible representatives/points of contact for all involved parties. This should include off -duty contact information so an immediate response may be coordinated to correct any construction -related activity that could adversely affect the operational safety of the airport. Particular care should be taken to ensure that appropriate Airways Facilities personnel are identified in the event that an unanticipated utility outage or cable cut occurs that impacts FAA NAVAIDs. z. Vehicle operator training. y. Penalty provisions for noncompliance with airport rules and regulations and the safety plan (e.g., if a vehicle is involved in a runway incursion). u. Inspection requirements. z. Any special conditions that affect the operation of the airport and will require a portion of the safety plan v. Procedures for locating and protecting existing to be activated (e.g., low -visibility operations, snow underground utilities, cables, wires, pipelines, and other removal). underground facilities in excavation areas. Section 2. Safety and Security Measures Airport operators are responsible for closely monitoring tenant and construction contractor activity during the construction project to ensure continual compliance with all safety and security requirements. Airports subject to 49 CFR part 1542, Airport Security, must meet standards for access control, movement of ground vehicles, and identification of construction contractor and tenant personnel. In addition, airport operators should use safety program standards, as described in Chapter 3 of this AC, to develop specific safety measures to which tenants and construction contractors must adhere throughout the duration of construction activities. General safety provisions are contained in AC 150/5370-10, Standards for Specking Construction of Airports, paragraphs 40-05, "Maintenance of Traffic"; 70-08, "Barricades, Warning Signs, and Hazard Markings"; and 80-04, "Limitation of Operations." At any time during construction, aircraft operations, weather, security, or local airport rules may dictate more stringent safety measures. The airport operator should ensure that both general and specific safety requirements are coordinated with airport tenants and ATCT personnel. The airport operator should also include these parties in the coordination of all bid documents, construction plans, and specifications for on -airport construction projects. 2-4. VEHICLE OPERATION AND MARKING AND PEDESTRIAN CONTROL. Vehicle and pedestrian access routes for airport construction projects must be controlled to prevent inadvertent or unauthorized entry of persons, vehicles, or animals onto the AOA. This includes aircraft movement and nonmovement areas. The airport operator should develop and coordinate a construction vehicle plan with airport tenants, contractors, and the ATCT. The safety plan or invitation for bid should include specific vehicle and pedestrian requirements. The vehicle plan should contain the following items: a. Airport operator's rules and regulations for vehicle marking, lighting, and operation. b. Requirements for marking and identifying vehicles in accordance with AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport. c. Description of proper vehicle operations on movement and nonmovement areas under normal, lost communications, and emergency conditions. d. Penalties for noncompliance with driving rules and regulations. e. Training requirements for vehicle drivers to ensure compliance with the airport operator's vehicle rules and regulations. E Provisions for radio communication training for construction contractor personnel engaged in construction activities around aircraft movement areas. Some drivers, 1/17/03 such as construction drivers under escort, may not require this training. g. Escort procedures for construction vehicles requiring access to aircraft movement areas. A vehicle in the movement area must have a working aviation -band, two-way radio unless it is under escort. Vehicles can be in closed areas without a radio if the closed area is properly marked and lighted to prevent incursions and a NOTAM regarding the closure is issued. h. Monitoring procedures to ensure that vehicle drivers are in compliance with the construction vehicle plan. I. Procedures for, if appropriate, personnel to control access through gates and fencing or across aircraft movement areas. 2-5. CONSTRUCTION EMPLOYEE PARKING AREAS. Designate in advance vehicle parking areas for contractor employees to prevent any unauthorized entry of persons or vehicles onto the airport movement area. These areas should provide reasonable contractor employee access to the job site. 2-6. CONSTRUCTION VEHICLE EQUIPMENT PARKING. Construction employees must park and service all construction vehicles in an area designated by the airport operator outside the runway safety areas and OFZs and never on a closed taxiway or runway. Employees should also park construction vehicles outside the OFA when not in use by construction personnel (e.g., overnight, on weekends, or during other periods when construction is not active). Parking areas must not obstruct the clear line of sight by the ATCT to any taxiways or runways under air traffic control nor obstruct any runway visual aids, signs, or navigational aids. The FAA must also study those areas to determine effects on 14 CFR part 77, Objects Affecting Navigable Airspace, surfaces (see paragraph 2-13 for further information). 2-7. RADIO COMMUNICATION TRAINING. The airport operator must ensure that tenant and construction contractor personnel engaged in activities involving unescorted operation on aircraft movement 2-9. GENERAL. AC 150/5370-2E areas observe the proper procedures for communications, including using appropriate radio frequencies at airports with and without ATCTs. Training of contractors on proper communication procedures is essential for maintaining airport operational safety. When operating vehicles on or near open runways or taxiways, construction personnel must understand the critical importance of maintaining radio contact with airport operations, ATCT, or the Common Traffic Advisory Frequency, which may include UNICOM, MULTICOM, or one of the FAA Flight Service Stations (FSS), as directed by airport management. Vehicular traffic crossing active movement areas must be controlled either by two-way radio with the ATCT, escort, flagman, signal light, or other means appropriate for the particular airport. Vehicle drivers must confirm by personal observation that no aircraft is approaching their position when given clearance to cross a runway. In addition, it is the responsibility of the escort vehicle driver to verify the movement/position of all escorted vehicles at any given time. Even though radio communication is maintained, escort vehicle drivers must also familiarize themselves with ATCT light gun signals in the event of radio failure (see the FAA safety placard "Ground Vehicle Guide to Airport Signs and Markings"). This safety placard may be ordered through the Runway Safety Program Web site at http://www.faarsp.org or obtained from the Regional Airports Division Office. M-13I111W_ TDR1"1 L11 0[e-W*1 Airport operators and contractors must take care to maintain a high level of safety and security during construction when access points are created in the security fencing to permit the passage of construction vehicles or personnel. Temporary gates should be equipped so they can be securely closed and locked to prevent access by animals and people (especially minors). Procedures should be in place to ensure that only authorized persons and vehicles have access to the AOA and to prohibit "piggybacking" behind another person or vehicle. The Department of Transportation (DOT) document DOT/FAA/AR 00/52, Recommended Security Guidelines for Airport Planning and Construction, provides more specific information on fencing. A copy of this document can be obtained from the Airport Consultants Council, Airports Council International, or American Association of Airport Executives. Section 3. Notification of Construction Activities In order to maintain the desired levels of operational safety on airports during construction activities, the safety b plan should contain the notification actions described below. AC 150/5370-2E 2-10. ENSURING PROMPT NOTIFICATIONS. The airport operator should establish and follow procedures for the immediate notification of airport users and the FAA of any conditions adversely affecting the operational safety of an airport. 2-11. NOTICES TO AIRMEN (NOTAMS). The airport operator must provide information on closed or hazardous conditions on airport movement areas to the FSS so it can issue a NOTAM. The airport operator must coordinate the issuance, maintenance, and cancellation of NOTAMs about airport conditions resulting from construction activities with tenants and the local air traffic facility (control tower, approach control, or air traffic control center. Refer to AC 150/5200-28, Notices to Airmen (NOTAMs) for Airport Operators, and Appendix 4 in this AC for a sample NOTAM form. Only the FAA may issue or cancel NOTAMs on shutdown or irregular operation of FAA -owned facilities. Only the airport operator or an authorized representative may issue or cancel NOTAMs on airport conditions. (The airport owner/operator is the only entity that can close or open a runway.) The airport operator must file and maintain this list of authorized representatives with the FSS. Any person having reason to believe that a NOTAM is missing, incomplete, or inaccurate must notify the airport operator. 2-12. AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) NOTIFICATION. The safety plan must provide procedures for notifying ARFF personnel, mutual aid providers, and other emergency services if construction requires shutting off or otherwise disrupting any water line or fire hydrant on the airport or adjoining areas and if contractors work with hazardous material on the airfield. Notification procedures must also be developed for notifying ARFF and all other emergency personnel when the work performed will close or affect any emergency routes. Likewise, the procedures must address appropriate notifications when services are restored. 2-13. NOTIFICATION TO THE FAA. For certain airport projects, 14 CFR part 77 requires notification to the FAA. In addition to applications made for Federally funded construction, 14 CFR part 157, Notice of Construction, Alteration, Activation, and 1/17/03 Deactivation of Airports, requires that the airport operator notify the FAA in writing whenever a non -Federally funded project involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport. Notification involves submitting FAA Form 7480-1, Notice of Landing Area Proposal, to the nearest FAA Regional Airports Division Office or Airports District Office. Also, any person proposing any kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR part 77 must notify the FAA. This includes construction equipment and proposed parking areas for this equipment (i.e., cranes, graders, etc.). FAA Form 7460-1, Notice of Proposed Construction or Alteration, can be used for this purpose and submitted to the FAA Regional Airports Division Office or Airports District Office. (See AC 70/7460-2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace.) If construction operations require a shutdown of an airport owned NAVAID from service for more than 24 hours or in excess of 4 hours daily on consecutive days, we recommend a 45-day minimum notice prior to facility shutdown. Coordinate work for a FAA owned NAVAID shutdown with the local FAA Airways Facilities Office. In addition, procedures that address unanticipated utility outages and cable cuts that could impact FAA NAVAIDs must be addressed. 2-14. WORK SCHEDULING AND ACCOMPLISHMENT. Airport operators —or tenants having construction on their leased properties —should use predesign, prebid, and preconstruction conferences to introduce the subject of airport operational safety during construction (see AC 150/5300-9, Predesign, Prebig and Preconstruction Conferences for Airport Grant Projects). The airport operator, tenants, and construction contractors should integrate operational safety requirements into their planning and work schedules as early as practical. Operational safety should be a standing agenda item for discussion during progress meetings throughout the project. The contractor and airport operator should carry out onsite inspections throughout the project and immediately remedy any deficiencies, whether caused by negligence, oversight, or project scope change. _; 1/17/03 AC 150/5370-2E CHAPTER 3. SAFETY STANDARDS AND GUIDELINES Section 1. Runway and Taxiway Safety Areas, Obstacle -Free Zones, and Object -Free Areas 3-1. OVERVIEW. Airport operators must use these safety guidelines when preparing plans and specifications for construction activities in areas that may interfere with aircraft operations. The safety plan should recognize and address these standards for each airport construction project. However, the safety plan must reflect the specific needs of a particular project, and for this reason, these safety guidelines should not be incorporated verbatim into project specifications. For additional guidance on meeting safety and security requirements, refer to the planning guide template included in Appendix 3 of this AC. 3-2. RUNWAY SAFETY AREA (RSA)/ OBSTACLE -FREE ZONE (OFZ). A runway safety area is the defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway (see AC 15015300-13, Airport Design). Construction activities within the standard RSA are subject to the following conditions: a. Runway edges. (1) No construction may occur closer than 200 feet (60m) from the runway centerline unless the runway is closed or restricted to aircraft operations, requiring an RSA that is equal to the RSA width available during construction, or 400 feet, whichever is less (see AC 150/5300-13, Tables 3-1 through 3-3). (2) Personnel, material, and/or equipment must not penetrate the OFZ, as defined in AC 150/5300- 13. (3) The airport operator must coordinate the construction activity in the RSA as permitted above with the ATCT and the FAA Regional Airports Division Office or appropriate Airports District Office and issue a local NOTAM. b. Runway ends. (1) An RSA must be maintained of such dimensions that it extends beyond the end of the runway a distance equal to that which existed before construction activity, unless the runway is closed or restricted to aircraft operations for which the reduced RSA is adequate (see AC 150/5300-13). The temporary use of declared distances and/or partial runway closures may help provide the necessary RSA. In addition, all personnel, materials, and/or equipment must remain clear of the applicable threshold siting surfaces, as defined in Appendix 2, "Threshold Siting Requirements," of AC 150/5300-13.1 Consult with the appropriate FAA Regional Airports Division Office or Airports District Office to determine the appropriate approach surface required. (2) Personnel, material, and/or equipment must not penetrate the OFZ, as defined in AC 150/5300- 13. (3) The safety plan must provide procedures for ensuring adequate distance for blast protection, if required by operational considerations. (4) The airport operator must coordinate construction activity in this portion of the RSA with the ATCT and the FAA Regional Airports Division Office or appropriate Airports District Office and issue a local NOTAM. c. Excavations. (1) Construction contractors must prominently mark open trenches and excavations at the construction site with red or orange flags, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness. (2) Open trenches or excavations are not permitted within 200 feet (60m) of the runway centerline and at least the existing RSA distance from the runway threshold while the runway is open. If the runway must be opened before excavations are backfilled, cover the excavations appropriately. Coverings for open trenches or excavations must be of sufficient strength to support the weight of the heaviest aircraft operating on the runway. 3-3. TAXIWAY SAFETY AREAS/OBJECT- FREE AREAS. a. Unrestricted construction activity is permissible adjacent to taxiways when the taxiway is restricted to aircraft such that the available taxiway safety area is equal 'If a full safety area cannot be obtained through declared distances and partial closures, or other methods such as alternate runway use, construction activity may operate in the RSA as long as conditions cited in paragraph 3-lb(2) thru (4) are met. In addition, various surfaces outlined in AC 150/5300-13 and Terminal Instrument Procedures (TERPS) must be protected through an aeronautical study. AC 150/5370-2E to at least ''/z of the widest wingspan of the aircraft expected to use the taxiway and the available taxiway object -free area is equal to at least .7 times the widest wingspan plus 10 feet. (See AC 150/5300-13 for guidance on taxiway safety and object -free areas.) Construction activity may be accomplished closer to a taxiway, subject to the following restrictions: (1) The activity is first coordinated with the airport operator. (2) Appropriate NOTAMs are issued. (3) Marking and lighting meeting the provisions of paragraph 3-9 are implemented. (4) Adequate clearance is maintained between equipment and materials and any part of an aircraft. If such clearance can only be maintained if an aircraft does not have full use of the entire taxiway width (with its 3-4. OVERVIEW. 1/17103 main landing gear at the edge of the pavement), then it will be necessary to move personnel and equipment for each passing aircraft. In these situations, flag persons will be used to direct construction equipment, and wing walkers may be necessary to guide aircraft. Wing walkers should be airline/aviation personnel rather than construction workers. b. Construction contractors must prominently mark open trenches and excavations at the constiuction site, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness c. Excavations and open trenches may be permitted up to the edge of a structural taxiway and apron pavement provided the dropoff is marked and lighted per paragraph 3-9, "Hazard Marking and Lighting." Section 2. Temporary Runway Thresholds Construction activity in a runway approach area may result in the need to partially close a runway or displace the existing runway threshold. In either case, locate the threshold in accordance with Appendix 2 of AC 150/5300-13, Airport Design. Objects that do not penetrate these surfaces may still be obstructions to air navigation and may affect standard instrument approach procedures. Coordinate these objects with the FAA's Regional Airports Office or appropriate Airports District Office, as necessary. Refer to the current edition of AC 150/5300-13 for guidance on threshold siting requirements. The partial runway closure, the displacement of the runway threshold, as well as closures of the complete runway and other portions of the movement area also requires coordination with appropriate ATCT personnel and airport users. Caution regarding partial runway closures: When filing a NOTAM for a partial runway closure, clearly state to FSS personnel that the portion of pavement located prior to the threshold is not available for landing and departing traffic. In this case, the threshold has been moved for both landing and takeoff purposes (this is different than a displaced threshold). Example NOTAM: "North 1,000 feet of Runway 18/36 is closed; 7,000 feet remain available on Runway 18 and Runway 36 for arrivals and departures." There may be situations where the portion of closed runway is available for taxiing only. If so, the NOTAM must reflect this condition. Caution regarding displaced thresholds: Implementation of a displaced threshold affects runway length available for aircraft landing over the displacement. Depending on the reason for the displacement (to provide obstruction clearance or RSA), such a displacement may also require an adjustment in the landing distance available and accelerate -stop distance available in the opposite direction. If project scope includes personnel, equipment, excavation, etc. within the RSA of any usable runway end, we do not recommend a displaced threshold unless arrivals and departures toward the construction activity are prohibited. Instead, implement a partial closure. 3-5. MARKING GUIDELINES FOR TEMPORARY THRESHOLD. Ensure that markings for temporary displaced thresholds are clearly visible to pilots approaching the airport to land. When construction personnel and equipment are located close to any threshold, a temporary visual NAVAID, such as runway end identifier lights (REIL), may be required (even on unlighted runways) to define the new beginning of the runway clearly. A visual vertical guidance device, such as a visual approach slope indicator (VASI), pulse light approach slope indicator (PLASI), or precision approach path indicator (PAPI), may be necessary to assure landing clearance over personnel, vehicles, equipment, and/or above -grade stockpiled materials. If such devices are installed, ensure an appropriate descriptive NOTAM is issued to inform pilots of these conditions. The current edition of AC 150/5340-1, Standards for Airport Markings, describes standard marking colors and layouts. In addition, we recommend that a temporary runway threshold be marked using the following guidelines: a. Airport markings must be clearly visible to pilots; not misleading, confusing, or deceptive; secured in place to prevent movement by prop wash, jet blast, wing vortices, or other wind currents; and constructed of 1/17/03 materials that would minimize damage to an aircraft in the event of inadvertent contact. (1) Pavement markings for temporary closed portions of the runway should consist of yellow chevrons ,to identify pavement areas that are unsuitable for takeoff/landing (see AC 150/5340-1). If unable to paint the markings on the pavement, construct them from any of the following materials: double -layered painted snow fence, colored plastic, painted sheets of plywood, or similar materials. They must be properly configured and secured to prevent movement by prop wash, jet blast, or other wind currents. (2) It may be necessary to remove or cover runway markings, such as runway designation markings and aiming point markings, depending on the length of construction and type of activity at the airport. (3) When threshold markings are needed to identify the temporary beginning of the runway that is available for landing, use a white threshold bar of the dimensions specified in AC 150/5340-1. (4) If temporary outboard elevated or flush threshold bars are used, locate them outside of the runway pavement surface, one on each side of the runway. They should be at least 10 feet (3m) in width and extend outboard from each side of the runway so they are clearly visible to landing and departing aircraft. These threshold bars are white. If the white threshold bars are not discernable on grass or snow, apply a black background with appropriate material over the ground to ensure the markings are clearly visible. (5) A temporary threshold may also be marked with the use of retroreflective, elevated markers. One side of such markers is green to denote the approach end of the runway; the side that is seen by pilots on rollout is red. See AC 150/5345-39, FAA Specification L- 853, Runway and Taxiway Retroreflective Markers. (6) At 14 CFR part 139 certificated airports, temporary elevated threshold markers must be mounted with a frangible fitting (see 14 CFR part 139.309). However, at noncertificated airports, the temporary elevated threshold markings may either be mounted with a frangible fitting or be flexible. See AC 150/5345-39. b. The application rate of the paint to mark a short- term temporary runway threshold may deviate from the standard (see Item P-620, "Runway and Taxiway Painting," in AC 150/5370-10, Standards for Specking Construction of Airports), but the dimensions must meet the existing standards, unless coordinated with the appropriate offices. c. When a runway is partially closed, the distance remaining signs for aircraft landing in the opposite direction should be covered or removed during the construction. AC 150/5370-2E 3-6. LIGHTING GUIDELINES FOR TEMPORARY THRESHOLD. A temporary runway threshold must be lighted if the runway is lighted and it is the intended threshold for night landings or instrument meteorological conditions. We recommend that temporary threshold lights and related visual NAVAIDs be installed outboard of the edges of the full-strength pavement with bases at grade level or as low as possible, but not to exceed 3 inches (7.6cm) above ground. When any portion of a base is above grade, place properly compacted fill around the base to minimize the rate of gradient change so aircraft can, in an emergency, cross at normal landing or takeoff speeds without incurring significant damage (see AC 150/5370-10). We recommend that the following be observed when using temporary runway threshold lighting: a. Maintain threshold and edge lighting color and spacing standards as described in AC 150/5340-24, Runway and Taxiway Edge Lighting System. Battery -powered, solar, or portable lights that meet the criteria in AC 150/5345-50, Specificationfor Portable Runway Lights, may be used. These systems are intended primarily for visual flight rules (VFR) aircraft operation but may be used for instrument flight rules (IFR) aircraft operations, upon individual approval from the Flight Standards Division of the applicable FAA Regional Office. b. When the runway has been partially closed, disconnect edge and threshold lights with associated isolation transformers on that part of the runway at and behind the threshold (i.e., the portion of the runway that is closed). Alternately, cover the light fixture in such a way as to prevent light leakage. Avoid removing the lamp from energized fixtures because an excessive number of isolation transformers with open secondaries may damage the regulators and/or increase the current above its normal value. c. Secure, identify, and place any temporary exposed wiring in conduit to prevent electrocution and fire ignition sources. d. Reconfigure yellow lenses (caution zone), as necessary. If the runway has centerline lights, reconfigure the red lenses, as necessary, or place the centerline lights out of service. e. Relocate the visual glide slope indicator (VGSI), such as VASI and PAPI; other airport lights, such as REEL; and approach lights to identify the temporary threshold. Another option is to disable the VGSI or any equipment that would give misleading indications to pilots as to the new threshold location. Installation of temporary visual aids may be necessary to provide adequate guidance to pilots on approach to the affected runway. If the FAA owns and operates the VGSI, AC 150/5370-2E coordinate its installation or disabling with the local Airway Facilities Systems Management Office. 3-7. OVERVIEW. 1/17/03 f. Issue a NOTAM to inform pilots of temporary lighting conditions. Section 3. Other Construction Marking and Lighting Activities Ensure that construction areas, including closed runways, are clearly and visibly separated from movement areas and that hazards, facilities, cables, and power lines are identified prominently for construction contractors. Throughout the duration of the construction project, verify that these areas remain clearly marked and visible at all times and that marking and lighting aids remain in place and operational. Routine inspections must be made of temporary construction lighting, especially battery - powered lighting since weather conditions can limit battery life. 3-8. CLOSED RUNWAY AND TAXIWAY MARKING AND LIGHTING. Closed runway markings consist of a yellow "X" in compliance with the standards of AC 150/5340-1, Standards for Airport Markings. A very effective and preferable visual aid to depict temporary closure is the lighted "X" signal placed on or near the runway designation numbers. This device is much more discernible to approaching aircraft than the other materials described. If the lighted "X" is not available, construct the marking of any of the following materials: double -layered painted snow fence, colored plastic, painted sheets of plywood, or similar materials. They must be properly configured and secured to prevent movement by prop wash, jet blast, or other wind currents. In addition, the airport operator may install barricades, traffic cones, activate stop bars, or other acceptable visual devices at major entrances to the runways to prevent aircraft from entering a closed portion of runway. The placement of even a single reflective barricade with a "do not enter" sign on a taxiway centerline can prevent an aircraft from continuing onto a closed runway. If the taxiway must remain open for aircraft crossings, barricades or markings, as described above or in paragraph 3-9, should be placed on the runway. a. Permanently closed runways. For runways and taxiways that have been permanently closed, disconnect the lighting circuits. For runways, obliterate the threshold marking, runway designation marking, and touchdown zone markings, and place "X's" at each end and at 1,000-foot (300-m) intervals. For taxiways, place an "X" at the entrance of the closed taxiway. 10 b. Temporarily closed runway and taxiways. For runways that have been temporarily closed, place an "X" at the each end of the runway. With taxiways, place an "X" at the entrance of the closed taxiway. c. Temporarily closed airport. When the airport is closed temporarily, mark the runways as closed and turn off the airport beacon. d. Permanently closed airports When the airport is closed permanently, mark the runways as permanently closed, disconnect the airport beacon, and place an "X" in the segmented circle or at a central location if no segmented circle exists. 3-9. HAZARD MARKING AND LIGHTING. Provide prominent, comprehensible warning indicators for any area affected by construction that is normally accessible to aircraft, personnel, or vehicles. Using appropriate hazard marking and lighting may prevent damage, injury, traffic delays, and/or facility closures. Hazard marking and lighting must restrict access and make specific hazards obvious to pilots, vehicle drivers, and other personnel. Barricades, traffic cones (weighted or sturdily attached to the surface), or flashers are acceptable methods used to identify and define the limits of construction and hazardous areas on airports. Provide temporary hazard marking and lighting to prevent aircraft from taxiing onto a closed runway for takeoff and to identify open manholes, small areas under repair, stockpiled material, and waste areas. Also consider less obvious construction -related hazards and include markings to identify FAA, airport, and National Weather Service facilities cables and power lines; instrument landing system (ILS) critical areas; airport surfaces, such as RSA, OFA, and OFZ; and other sensitive areas to make it easier for contractor personnel to avoid these areas. The construction specifications must include a provision requiring the contractor to have a person on call 24 hours a day for emergency maintenance of airport hazard lighting and barricades. The contractor must file the contact person's information with the airport. a. Nonmovement areas. Indicate construction locations on nonmovement areas in which no part of an aircraft may enter by using barricades that are marked with diagonal, alternating orange and white stripes. Barricades may be supplemented with alternating 1/17/03 orange and white flags at least 20 by 20 inches (50 by 50 cm) square and made and installed so they are always in an extended position, properly oriented, and securely fastened to eliminate jet engine ingestion. Such barricades may be many different shapes and made from various materials, including railroad ties, sawhorses, jersey barriers, or barrels. During reduced visibility or night hours, supplement the barricades with red lights, either flashing or steady -burning, which should meet the luminance requirements of the State Highway Department (yellow lights are not acceptable after October 1, 2004). The intensity of the lights and spacing for barricade flags and lights must adequately and without ambiguity delineate the hazardous area. b. Movement areas. Use orange traffic cones; red lights, either flashing or steady -burning, which should meet the luminance requirements of the State Highway Department (yellow lights are not acceptable after October 1, 2004); collapsible barricades marked with diagonal, alternating orange and white stripes; and/or signs to separate all construction/maintenance areas from the movement area. All barricades, temporary markers, and other objects placed and left in safety areas associated with any open runway, taxiway, or taxilane must be as low as possible to the ground; of low mass; easily collapsible upon contact with an aircraft or any of its components; and weighted or sturdily attached to the surface to prevent displacement from prop wash, jet blast, wing vortex, or other surface wind currents. If affixed to the surface, they must be frangible at grade level or as low as possible, but not to exceed 3 inches (7.6cm) above the ground. Do not use nonfrangible hazard markings, such as concrete barriers and/or metal -drum -type barricades, in aircraft movement areas. Do not use railroad ties on runways. Use highly reflective barriers with flashing or steady - burning red lights to barricade taxiways leading to closed runways. Evaluate all operating factors when determining how to mark temporary closures that can last from 10 to 15 minutes to a much longer period of time. However, we strongly recommend that, even for closures of relatively short duration, major taxiway/runway intersections be identified with barricades spaced no greater than 20 feet (6m) apart. Mark the barricades with a flashing or steady -burning red light. At a minimum, use a single barricade placed on the taxiway centerline. 3-10. CONSTRUCTION NEAR NAVIGATIONAL AIDS (NAVAIDS). Construction activities, materials/equipment storage, and vehicle parking near electronic NAVAIDs require special consideration since they may interfere with signals essential to air navigation. Evaluate the effect of construction activity and the required distance and direction from the NAVAID for each construction project. Pay particular attention to stockpiling material, as well as AC 150/5370-2E to movement and parking of equipment that may interfere with line of sight from the ATCT or with electronic emissions. Interference from construction may require NAVAID shutdown or adjustment of instrument approach minimums for IFR. This condition requires that a NOTAM be filed. Construction activities and materials/equipment storage near a NAVAID may also obstruct access to the equipment and instruments for maintenance. Before commencing construction activity, parking vehicles, or storing construction equipment and materials near a NAVAID, consult with the nearest FAA Airway Facilities Office. 3-11. CONSTRUCTION SITE ACCESS AND HAUL ROADS. Determine the construction contractor's access to the constriction sites and haul roads. Do not permit the construction contractor to use any access or haul roads other than those approved. Construction contractors must submit specific proposed routes associated with construction activities to the airport operator for evaluation and approval as part of the safety plan before beginning construction activities. These proposed routes must also provide specifications to prevent inadvertent entry to movement areas. Pay special attention to ensure that ARFF right of way on access and haul roads is not impeded at any time and that construction traffic on haul roads does not interfere with NAVAIDs or approach surfaces of operational runways. 3-12. CONSTRUCTION MATERIAL STOCKPILING. Stockpiled materials and equipment storage are not permitted within the RSA and OFZ of an operational runway. The airport operator must ensure that stockpiled materials and equipment adjacent to these areas are prominently marked and lighted during hours of restricted visibility or darkness. This includes determining and verifying that materials are stored at an approved location to prevent foreign object damage and attraction of wildlife. 3-13. OTHER LIMITATIONS ON CONSTRUCTION. Contractors may not use open -flame welding or torches unless adequate fire safety precautions are provided and the airport operator has approved their use. Under no circumstances should flare pots be used within the AOA at any time. The use of electrical blasting caps must not be permitted on or within 1,000 feet (300m) of the airport property (see AC 150/5370-10, Standards for Spec6ing Construction of Airports). 11 AC 150/5370-2E 1/17/03 3-14. FOREIGN OBJECT DEBRIS (FOD) not leave or place FOD on or near active aircraft MANAGEMENT. movement areas. Materials tracked onto these areas must be continuously removed during the construction project. Waste and loose materials, commonly referred to as FOD, We also recommend that airport operators and are capable of causing damage to aircraft landing gears, construction contractors carefully control and propellers, and jet engines. Construction contractors must continuously remove waste or loose materials that might attract wildlife. Section 4. Safety Hazards and Impacts �5 MNOUIYJ 3 A'A IRSiJ The situations identified below are potentially hazardous conditions that may occur during airport construction projects. Safety area encroachments, unauthorized and improper ground vehicle operations, and unmarked or uncovered holes and trenches near aircraft operating surfaces pose the most prevalent threats to airport operational safety during airport construction projects. Airport operators and contractors should consider the following when performing inspections of construction activity: a. Excavation adjacent to runways, taxiways, and aprons. b. Mounds of earth, construction materials, temporary structures, and other obstacles near any open runway, taxiway, or taxilane; in the related object -free area and aircraft approach or departure areas/zones; or obstructing any sign or marking. c. Runway resurfacing projects resulting in lips exceeding 3 inches (7.6cm) from pavement edges and ends. d. Heavy equipment (stationary or mobile) operating or idle near AOAs, in runway approaches and departures areas, or in OFZs. e. Equipment or material near NAVAIDs that may degrade or impair radiated signals and/or the monitoring of navigational and visual aids. Unauthorized or improper vehicle operations in localizer or glide slope critical areas, resulting in electronic interference and/or facility shutdown. f. Tall and especially relatively low -visibility units (i.e., equipment with slim profiles) —cranes, drills, and similar objects —located in critical areas, such as OFZs and approach zones. g. Improperly positioned or malfunctioning lights or unlighted airport hazards, such as holes or excavations, on any apron, open taxiway, or open taxilane or in a related safety, approach, or departure area. h. Obstacles, loose pavement, trash, and other debris on or near AOAs. Construction debris (gravel, 12 sand, mud, paving materials, etc.) on airport pavements may result in aircraft propeller, turbine engine, or tire damage. Also, loose materials may blow about, potentially causing personal injury or equipment damage. I. Inappropriate or poorly maintained fencing during construction intended to deter human and animal intrusions into the AOA. Fencing and other markings that are inadequate to separate construction areas from open AOAs create aviation hazards. j. Improper or inadequate marking or lighting of runways (especially thresholds that have been displaced or runways that have been closed) and taxiways that could cause pilot confusion and provide a potential for a runway incursion. Inadequate or improper methods of marking, barricading, and lighting of temporarily closed portions of AOAs create aviation hazards. k. Wildlife attractants —such as trash (food scraps not collected from construction personnel activity), grass seeds, or ponded water —on or near airports. 1. Obliterated or faded markings on active operational areas. in. Misleading or malfunctioning obstruction lights. Unlighted or unmarked obstructions in the approach to any open runway pose aviation hazards. n. Failure to issue, update, or cancel NOTAMs about airport or runway closures or other construction -related airport conditions. o. Failure to mark and identify utilities or power cables. Damage to utilities and power cables during construction activity can result in the loss of runway/taxiway lighting; loss of navigational, visual, or approach aids; disruption of weather reporting services; and/or loss of communications. p. Restrictions on ARFF access from fire stations to the runway -taxiway system or airport buildings. q. Lack of radio communications with construction vehicles in airport movement areas. r. Objects, regardless of whether they are marked or flagged, or activities anywhere on or near an airport 1/17/03 that could be distracting, confusing, or alarming to pilots during aircraft operations. s. Water, snow, dirt, debris, or other contaminants that temporarily obscure or derogate the visibility of runway/taxiway marking, lighting, and pavement edges. Any condition or factor that obscures or diminishes the visibility of areas under construction. t. Spillage from vehicles (gasoline, diesel fuel, oil, etc.) on active pavement areas, such as runways, taxiways, ramps, and airport roadways. u. Failure to maintain drainage system integrity during construction (e.g., no temporary drainage provided when working on a drainage system). I AC 150/5370-2E v. Failure to provide for proper electrical lockout and tagging procedures. At larger airports with multiple maintenance shifts/workers, construction contractors should make provisions for coordinating work on circuits. w. Failure to control dust. Consider limiting the amount of area from which the contractor is allowed to strip turf. x. Exposed wiring that creates an electrocution or fire ignition hazard. Identify and secure wiring, and place it in conduit or bury it. y. Site burning, which can cause possible obscuration. z. Construction work taking place outside of designated work areas and out of phase. 13 1/17/03 APPENDIX 1. RELATED READING MATERIAL AC 150/5370-2E 1. Obtain the latest version of the following free h. AC 150/5340-18, Standards for Airport Sign publications from the FAA on its Web site at Systems. Contains FAA standards for the siting and http://www.faa.gov/arp/. In addition, these ACs are installation of signs on airport runways and taxiways. available by contacting the U.S. Department of Transportation, Subsequent Distribution Office, SVC- i. AC 150/5345-28, Precision Approach Path 121.23, Ardmore East Business Center, 3341 Q 75th Indicator (PAPI) Systems. Contains the FAA standards Avenue, Landover, MD 20785. for PAPI systems, which provide pilots with visual glide slope guidance during approach for landing. a. AC 150/5200-28, Notices to Airmen (NOTAM for Airport Operators. Provides .guidance for the use of the NOTAM System in airport reporting. b. AC 150/5200-30, Airport Winter Safety and Operations. Provides guidance to airport owners/operators on the development of an acceptable airport snow and ice control program and on appropriate field condition reporting procedures. c. AC 150/5200-33, Hazardous Wildlife Attractants On or Near Airports. Provides guidance on locating certain land uses having the potential to attract hazardous wildlife to public -use airports. d. AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport. Provides guidance, specifications, and standards for painting, marking, and lighting vehicles operating in the airport air operations areas. e. AC 150/5220-4, Water Supply Systems for Aircraft Fire and Rescue Protection. Provides guidance for the selection of a water source and standards for the design of a distribution system to support aircraft rescue and fire fighting service operations on airports. L AC 150/5340-1, Standards for Airport Markings. Contains FAA standards for markings used on airport runways, taxiways, and aprons. g. AC 150/5340-14B, Economy Approach Lighting Aids. Describes standards for the design, selection, siting, and maintenance of economy approach lighting aids. j. AC 150/5380-5, Debris Hazards at Civil Airports. Discusses problems at airports, gives information on foreign objects, and explains how to eliminate such objects from operational areas. k. AC 70/7460-2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace. Provides information to persons proposing to erect or alter an object that may affect navigable airspace and explains the need to notify the FAA before construction begins and the FAA's response to those notices, as required by 14 CFR part 77. 2. Obtain copies of the following publications from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Send a check or money order made payable to the Superintendent of Documents in the amount stated with your request. The Government Printing Office does not accept C.O.D. orders. In addition, the FAA makes these ACs available at no charge on the Web site at http:Uwww.faa.gov/arp/. a. AC 15015300-13, Airport Design. Contains FAA standards and recommendations for airport design, establishes approach visibility minimums as an airport design parameter, and contains the object -free area and the obstacle free -zone criteria. ($26. Supt. Docs.) SN050-007-01208-0. b. AC 150/5370-10, Standards for Specifying Construction of Airports. Provides standards for construction of airports. Items covered include earthwork, drainage, paving, turfing, lighting, and incidental construction. ($18. Supt. Docs.) SN050-007- 0821-0. A-1_ �v AC 150/5370-2E APPENDIX 2. DEFINITIONS OF TERMS USED IN THE AC 1. AIR OPERATIONS AREA (AOA). Any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operations area includes such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runways, taxiways, or aprons. 2. CONSTRUCTION. The presence and movement of construction -related personnel, equipment, and materials in any location that could infringe upon the movement of aircraft. 3. CERTIFICATED AIRPORT. An airport that has been issued an Airport Operating Certificate by the FAA under the authority of 14 CFR part 139, Certification and Operation: Land Airports Serving Certain Air Carriers, or its subsequent revisions. 4. FAA FORM 7460-1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION. The form submitted to the FAA Regional Air Traffic or Airports Division Office as formal written notification of any kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR part 77, Objects Affecting Navigable Airspace (see AC 70/7460-2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace, found at http://www.faa.gov/arp/). 5. FAA FORM 7480-1, NOTICE OF LANDING AREA PROPOSAL. Form submitted to the FAA Airports Regional Division Office or Airports District Office as formal written notification whenever a project without an airport layout plan on file with the FAA involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport (found at http://www.faa.gov/arp/). 6. MOVEMENT AREA. The runways, taxiways, and other areas of an airport that are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading ramps and aircraft parking areas (reference 14 CFR part 139). 7. OBSTRUCTION. Any objectlobstacle exceeding the obstruction standards specified by 14 CFR part 77, subpart C. A-2 1/17/03 8. OBJECT -FREE AREA (OFA). An area on the ground centered on the runway, taxiway, or taxilane centerline provided to enhance safety of aircraft operations by having the area free of objects except for those objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes (see AC 150/5300-13, Airport Design, for additional guidance on OFA standards and wingtip clearance criteria). 9. OBSTACLE -FREE ZONE (OFZ). The airspace below 150 feet (45m) above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for aircraft landing or taking off from the runway and for missed approaches (refer to AC 150/5300-13 for guidance on OFZs). 10. RUNWAY SAFETY AREA (RSA). A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway, in accordance with AC 150/5300-13. 11. TAXIWAY SAFETY AREA. A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway, in accordance with AC 150/5300- 13. 12. THRESHOLD. The beginning of that portion of the runway available for landing. In some instances, the landing threshold may be displaced. 13. DISPLACED THRESHOLD. The portion of pavement behind a displaced threshold that may be available for takeoffs in either direction or landing from the opposite direction. 14. VISUAL GLIDE SLOPE INDICATOR (VGSI). This device provides a visual glide slope indicator to landing pilots. These systems include precision approach path indicators (PAPIs), visual approach slope indicators (VASIs), and pulse light approach slope indicators (PLASIs). 1/17/03 AC 150/5370-2E APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE Aviation Safety Requirements During Construction PURPOSE. This appendix provides airport operators with boilerplate format and language for developing a safety plan for an airport construction project. Adapt this appendix, as applicable, to speck conditions found on the airport for which the plan is being developed. Consider including a copy of this safety plan in the construction drawings for easy access by contractor personnel. Plans should contain the following: 1. GENERAL SAFETY REQUIREMENTS. Throughout the construction project, the following safety and operational practices should be observed: • Operational safety should be a standing agenda item during progress meetings throughout the construction project. • The contractor and airport operator must perform onsite inspections throughout the project, with immediate remedy of any deficiencies, whether caused by negligence, oversight, or project scope change. • Airport runways and taxiways should remain in use by aircraft to the maximum extent possible. • Aircraft use of areas near the contractor's work should be controlled to minimize disturbance to the contractor's operation. • Contractor, subcontractor, and supplier employees or any unauthorized persons must be restricted from entering an airport area that would be hazardous. • Construction that is within the safety area of an active runway, taxiway, or apron that is performed under normal operational conditions must be performed when the runway, taxiway, or apron is closed or use -restricted and initiated only with prior permission from the airport operator. • The contracting officer, airport operator, or other designated airport representative may order the contractor to suspend operations; move personnel, equipment, and materials to a safe location; and stand by until aircraft use is completed. 2. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE. Before beginning any construction activity, the contractor must, through the airport operator, give notice [using the Notice to Airmen (NOTAM) System] of proposed location, time, and date of commencement of construction. Upon completion of work and return of all such areas to standard conditions, the contractor must, through the airport operator, verify the cancellation of all notices issued via the NOTAM System. Throughout the duration of the construction project, the contractor must a. Be aware of and understand the safety problems and hazards described in AC 150/5370-2, Operational Safety on Airports During Construction. b. Conduct activities so as not to violate any safety standards contained in AC 150/5370-2 or any of the references therein. c. Inspect all construction and storage areas as often as necessary to be aware of conditions. d. Promptly take all actions necessary to prevent or remedy any unsafe or potentially unsafe conditions as soon as they are discovered. 3. APPROACH CLEARANCE TO RUNWAYS. Runway thresholds must provide an unobstructed approach surface over equipment and materials. (Refer to Appendix 2 in AC 150/5300-13, Airport Design, for guidance in this area.) 4. RUNWAY AND TAXIWAY SAFETY AREA (RSA AND TSA). Limit construction to outside of the approved RSA, as shown on the approved airport layout plan —unless the runway is closed or restricted to aircraft operations, requiring a lesser standard RSA that is equal to the RSA available during construction (see AC 150/5370-2 for exceptions). Construction activity within the TSA is permissible when the taxiway is open to aircraft traffic if adequate wingtip clearance exists between the aircraft and equipment/material; evacuations, trenches, or other conditions are conspicuously marked and lighted; and local NOTAMs are in effect for the activity (see AC 150/5300-13 for wingtip clearance requirements). The NOTAM should state that, "personnel and equipment are working adjacent to Taxiway " a. Procedures for protecting runway edges. • Limit construction to no closer than 200 feet (60m) from the runway centerline —unless the runway is closed or restricted to aircraft operations, requiring a lesser standard RSA A-3 _ AC 150/5370-2E 1/17/03 that is equal to the RSA available during • Coordinate construction activity with the construction. Airport Traffic Control Tower (ATCT) and • Prevent personnel, material, and/or FAA Regional Airports Division Office or equipment, as defined in AC 150/5300-13, Airports District Office, and through the Paragraph 306, "Obstacle Free Zone airport operator, issue an appropriate (OFZ)," from penetrating the OFZ. NOTAM. Complete the following chart to determine the area that must be protected along the runway edges: Runway Aircraft Approach Category* A,B,C,orD Airplane Design Group* I,11,III,orIV RSA Width in Feet Divided by 2* *See AC 150/5300-13, Airport Design, to complete the chart for a specific runway. b. Procedures for protecting runway ends. • Maintain the RSA from the runway threshold to a point at least the distance from the runway threshold as existed before construction activity —unless the runway is closed or restricted to aircraft operations, t ' requiring an RSA that is equal to the RSA length available during construction in accordance with AC 150/5300-13. This may involve the use of declared distances and partial runway closures (see AC 150/5370-2 for exceptions). • Ensure all personnel, materials, and/or equipment are clear of the applicable threshold siting criteria surface, as defined in Appendix 2, "Threshold Siting Requirements," of AC 150/5300-13. A-4 • Prevent personnel, material, and/or equipment, as defined in AC 150/5300-13, from penetrating the obstacle -free zone. • Ensure adequate distance for blast protection is provided, as needed. • Coordinate construction activity with the ATCT and FAA Regional Airports Division Office or Airports District Office, and through the airport operator, issue an appropriate NOTAM. • Provide a drawing showing the profile of the appropriate surfaces of each runway end where construction will take place. Where operations by turbojet aircraft are anticipated, review takeoff procedures and jet blast characteristics of aircraft and incorporate safety measures for construction workers in the contract documents. i' 1 1/17/03 AC 150/5370-2E B Complete the following chart to determine the area that must be protected before the runway threshold.• Runway End Airplane Aircraft Minimum Safety Area Minimum Unobstructed Number Design Group* Approach Prior to the Threshold* Approach Slope Category* I, II, III, or IV A, B, C, or D FEET : I to (threshold) FEET : I to (threshold) FEET : I to (threshold) FEET : 1 to (threshold) *See AC 150/5300-13, Airport Design, to complete the chart for a specific runway. 5. MARKING AND LIGHTING FOR the airport operator/contractor, as specified in the TEMPORARY THRESHOLDS. contract, and will be depicted on the plans. Marking and lighting for a temporary threshold is /is not required. The airport owner or contractor, as specified in the contract, will furnish and maintain markings for temporary thresholds. Precision approach path indicators (PAPIs) or runway end identification lights (REIL) are /are not required. The airport owner or contractor, as specified in the contract, will furnish and install all temporary lighting. Include appropriate items per AC 150/5370-2, Chapter 3, "Safety Standards and Guidelines." If marking and lighting for the temporary threshold is not required, delete this section of the safety plan. If visual aids and/or markings are necessary, provide details. (Include applicable 14 CFR part 77 surfaces in the contract documents.) 6. CLOSED RUNWAY MARKINGS AND LIGHTING. The following must be specified for closed runways. Closed runway marking are /are not required. Closed runway markings will be as shown on the plans /as furnished by the airport owner_/other (specify). Barricades, flagging, and flashers are /are not required at Taxiway and Runway and will be supplied by the airport /other (specify). 7. HAZARDOUS AREA MARKING AND LIGHTING. Hazardous areas on the movement area will be marked with barricades, traffic cones, flags, or flashers (specify). These markings restrict access and make hazards obvious to aircraft, personnel, and vehicles. During periods of low visibility and at night, identify hazardous areas with red flashing or steady -burning lights (specify). The hazardous area marking and lighting will be supplied by 8. TEMPORARY LIGHTING AND MARKING. Airport markings, lighting, and/or signs will be altered in the following manner (specify) during the period from to . The alterations are depicted on the plans. 9. VEHICLE OPERATION MARKING AND CONTROL. Include the following provisions in the construction contract, and address them in the safety plans: When any vehicle, other than one that has prior approval from the airport operator, must travel over any portion of an aircraft movement area, it will be escorted and properly identified. To operate in those areas during daylight hours, the vehicle must have a flag or beacon attached to it. Any vehicle operating on the movement areas during hours of darkness or reduced visibility must be equipped with a flashing dome -type light, the color of which is in accordance with local or state codes. b. It may be desirable to clearly identify the vehicles for control purposes by either assigned initials or numbers that are prominently displayed on each side of the vehicle. The identification symbols should be at minimum 8-inch (20-cm) block -type characters of a contrasting color and easy to read. They may be applied either by using tape or a water-soluble paint to facilitate removal. Magnetic signs are also acceptable. In addition, vehicles must display identification media, as specified in the approved security plan. ('Phis section should be revised to conform to the airport operator's requirements.) AC 150/5370-2E c. Employee parking shall be (specify location), as designated by the airport manager / project engineer /other (specify). d. Access to the job site shall be via (specify route), as shown on the plans /designated by the engineer /designated by the superintendent /designated by the airport manager /other (specify). e. At 14 CFR part 139 certificated and towered airports, all vehicle operators having access to the movement area must be familiar with airport procedures for the operation of ground vehicles and the consequences of noncompliance. E If the airport is certificated and/or has a security plan, the airport operator should check for guidance on the additional identification and control of construction equipment. x 10. NAVIGATIONAL AIDS. The contractor must not conduct any construction activity within navigational aid restricted areas without prior approval from the local FAA Airway Facilities sector representative. Navigational aids include instrument landing system components and very high -frequency omnidirectional range, airport surveillance radar. Such restricted areas are depicted on construction plans. 11. LIMITATIONS ON CONSTRUCTION. Additional limitations on construction include — a. Prohibiting open -flame welding or torch cutting operations unless adequate fire safety precautions are provided and these operations have been authorized by the airport operator (as tailored to conform to local requirements and restrictions). 4 A-6 1/17/03 b. Prominently marking open trenches, excavations, and stockpiled materials at the construction and lighting these obstacles during hours of restricted visibility and darkness. c. Marking and lighting closed, deceptive, and hazardous areas on airports, as appropriate. d. Constraining stockpiled material to prevent its movement as a result of the maximum anticipated aircraft blast and forecast wind conditions. 12. RADIO COMMUNICATIONS. Vehicular traffic located in or crossing an active movement area must have a working two-way radio in contact with the control tower or be escorted by a person in radio contact with the tower. The driver, through personal observation, should confirm that no aircraft is approaching the vehicle position. Construction personnel may operate in a movement area without two-way radio communication provided a NOTAM is issued closing the area and the area is properly marked to prevent incursions. Two-way radio communications are /are not required between contractors and the Airport Traffic Control Tower /FAA Flight Service Station /Airport Aeronautical Advisory Stations (UNICOM/CTAF) . Radio contact is /is not required between the hours of _and Continuous monitoring is required /or is required only when equipment movement is necessary in certain areas . ('This section may be tailored to suit the speck vehicle and safety requirements of the airport sponsor.) 13. DEBRIS. Waste and loose material must not be placed in active movement areas. Materials tracked onto these areas must be removed continuously during the work project. 1/17/03 FAA NOTAM # AIRPORT I.D. # NOTAM TEXT: NOTIFICATON: ####TOWER PHONE # ####FSS CANCELLED: NOTIFICATON: ####TOWER PHONE # ####FSS APPENDIX 4. SAMPLE NOTAM AIRPORT DATE: _ TIME: INITIALS AIRLINES INITIALS TIME AIRLINES CALLED IN BY AC 150/5370-2E A-7 r'.77", C777'777 ".77 77 777� 77� LUBBOCK WATER UTILITIES EASTPORT WATER SYSTEM IMPROVEMENTS MAYOR TOM MARTIN CITY COUNCIL LINDA DeLEON, FLOYD PRICE, TODD KLEIN, PAUL BEANE, JOHN LEONARD, JIM GILBREATH CITY MANAGER LEE ANN DUMBAULD DIRECTOR OF PUBLIC WORKS TOM ADAMS CHIEF ENGINEER WOOD FRANKLIN, P.E. August 2008 [__' [ - ` ~--- ,--- �--� --- ,--- r -- � � � r---, r~-- r-`-- �--^ �--� �--� ---- �--� ---� ---� m 3i�?Si§9=355F4Fi.F€#==; �Sst: 4 � �gA R , i P - _ ... EASTPORT WATER SYSTEMS IMPROVEMENTS PAVING DETAILS ;89M88 �! z J.O. 108043 C.I.P. 91082 DESIGNED BY: ZF DRAWN BY: JL CHECKED BY SKS SCALE: 1"-100' DATE:08/08 89 �a 4 Yet IMP o flop � v �� �.,� .� ..,. m--,. r _�..,� � 6 L-J, C: �.- i f �7� r7"77 0 f' prtLEi x. J.. [LG. f' rla. WTEx ILL 1. OI .ICxOR RE IOTIMUI °� °.IC .y Wlx pl .nx ..a.. WJ. v,Lrc Ilex. mo as v1R NEWT FIREF HYDRANT INSTALLATION61 l� Lib ITUT riEn1°�K 10 EaM 6 �RRILL fE SIO[ 6iUi ILInO' [.WI .RA .IaLIK I jjyyLCROSSIE 15% i1NGX G u1NGr TIt IT CROSSING $$ING 4Y+ Jw`'+�9" a ,moa.+l v,wfT., v ,wxw ` i4• RR Ix ,KKx ran curucrz .clo.E x.atNrl\ ` "'yam' �La".RY,o�h;ll" •w ' `S'»w"�dt'�Cm'ip1.K`rb 1€T.°ri� � a. 30�.` 'y'r IT�10 i{ I Tw clx ��, • WATER LINE CROSSING rmuL w.wo wu .+mwu n < nr c .. UNDEREWER PIPE �� )Y r.mu.•� vowwrl ®I.o ASPHALT PAVEMENT CUT REPAIRS»1O1 ­TE R0.x ..... rIOT TO xuL ONE - PULL. REMOVE AND SALVAGE FIRE HYDRANTS t xm Ta uuc p1N TYP ECAL UTILITY CROSSING L,IGETE —1 ALCGt rp1�i.Qitw Cx CC.E¢lf TMIbT ffK •�• t/3'/'B' '�` WIIILSS� cl°E �y� Aml� —1iWNfi ". ANCHORAGE FOR PLUG CUT 6 PLUG ANCHORAGE fOR 90• BEND ANCHORAGE FOR 45' BEND ANCHORAGE FOR CROSS IGi TO °CUE x0f 1G fCUE Mi TO —1 MOT TO M&E NOT TO f NOjTESi �� L VALVE BOX DETAIL _ m sEZt ClKIET1 STREET & ALLEY E.,nIER .la Cp<ING FNO SEALS: —TE fLOt. CUt11ER T BLCCF PIPELINE ENCASEMENT DETAIL � d r , m Wor ro uxc . u ANCHORAGE FOR TEE ANCHORfOR T w/ P xCT ro —1 MOT TO SOLE m O Co O W E I Tn d N xA J V) Cr) CV } d mImm OmW w— �mzz �3IU4a OaGm]ZxV U0=00,3 /BfLOiDiE n� + u1 x. 8AS "+ BgNT TAu GOEPix 8�4ciED Di ASliO NOTE: ADAuSi SLOM .Rpw ,/+ PfR fT wixlwn i0 ixE SAOPE Of Tx[ 510E Si.E[i. CONCRETE VALLEY GUTTER 1o0EF0 AOI xTS P 9'-D' Ox 45 ixpI GATED W DR4v IxD ,.A pR DxG vl Sivi�S DINSxED cx ry i5®� SUB xiOE x NOTES- 1 PROVIDE 1/2" PREMDL DEO JOINT FILLER IFULL DEPTH) AROUND T ALL UTEILITY POLES. METER BOXES. BUILDING FOUNDA2 PROVIDE EXPANSION JOINTS AT 30' MAX SPACING. TYP. CONCRETE SIDEWALK NOT TO SCALE 71PICAL Lot poll ITY PDLt + A ifE EPnd� CABLE ERv1 DE .�—•I\ unlx V + it ._It. ELECTRIC CABI[ —tR IN ,ow x w1'ib'�RwP DESIGNATED LOCATIONS FOR UTILITIES IN ALLEYS eIIL@mLAl1 Fen•' �x .. rwE a�ru�aL�� .i.Exci� xo xrcPUL w1«4wlx. a b4rc TRENCH BACKFILL REOUIREMENTS ON UNPAVED STREETS AND ALLEYS WITHIN THE RIGHT-OF-WAY nor to S-E m _.._____--______--- . GRADE CONTROL - GO O 1R i/4 AY DOWN Go IN x ca a4 BARS Lw C) �. Co 02CD r u4 m24"/ pOW�Q� _ mmzzw� xw s' 6' C) �3CJa C5-wax,) 6^ 1• 6" tiCJ ci Ll U En GRADE CONTROL ._ Rat 1/2" SPILL RN 1/2" E + z a4 BARS w w EjQ6 � �4 m24" �OW CL CO aO � 2 6 R "+1 /9"---_--GRADECONTROL WE- -- R� i/2" r CATCH Rai 1/2" a-0 BARS \ m 24" 3" 6" 0 �C GENERAL NOTES: ;iw§' .iPb";b• L .. xT.A.AE. AT I.Tx.—I CONCRETE CURB AND GUTTER o a it NOT TO SCALE PAGE 5 of 5 3-D-984 12