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Resolution - 5292 - Contract - Birchwood Construction Inc - A B, CH, & Harwell Sidewalk Construction - 09/26/1996
RESOLUTION NO.5292 September 26, 1996 Item #18 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and Birchwood Construction, Inc. of Levelland, Texas, to install and furnish all materials and services as bid for the Arnett Benson, Chatman Hill, and Harwell Sidewalk construction, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of September , 1996. ATTEST: Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: JL 4 411 Victor Kilman, rchasing Manager APPROVED AS TO FORM: Dbrfiald G. Vandiver, First Assistant City Attorney DGV : da/ccdocs/birchwd. res September 18, 1996 ALEX "TY"uCOOKS. MAYOR PRO TEM 5�9'le'g CITY OF LUBBOCK SPECIFICATIONS FOR ARNETT BENSON, CHATMAN HILL AND HARWELL SIDEWALK CONSTRUCTION BID #13653 CITY OF LTJIBBO)C K Lubbock, Texas CITY OF LUBBOCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIFICATIONS FOR TITLE: ARNETT BENSON, CHATMAN HILL AND HARWELL SIDEWALK CONSTRUCTION ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13653 CDWO: B -95 -MC -48-0022 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR UNIT PRICE CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE HUD CERTIFICATIONS CONTRACT GENERAL CONDITIONS OF THE AGREEMENT SPECIAL CONDITIONS OF THE AGREEMENT EXHIBITS: A. COPELAND ANTI -KICKBACK REGULATIONS B. CURRENT WAGE DETERMINATIONS SPECIFICATIONS NOTICE TO BIDDERS NOTICE TO BIDDERS BID #13653 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock a.m. on the 22nd day of August. 1996, or as changed by the issuance of formal addenda to all planholders, to 7 furnish all labor and materials and perform all work for the construction of the following described project: "ARNETT BENSON, CHATMAN HILL -AND HARWELL SIDEWALK CONSTRUCTION" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 12th day of September, 1996, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to fumish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to fumish 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 r" $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified rcheck issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without r recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of Flo award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre-bid conference on 13th day of August, 1996, at 10:00 o'clock a.m., in the Purchasing Conference Room L-04, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of 1 Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. r 1" d r The City of Lubbocktrereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK �U VICTOR KILM PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164. GENERAL INSTRUCTIONS TO BIDDERS i 7 GENERAL INSTRUCTIONS TO BIDDERS r 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the ARNETT BENSON, CHATMAN HILL AND HARWELL SIDEWALK CONSTRUCTION. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806)767-2164 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (NINETY) working days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. I r 7. AFFIDAVITS OF BILLS PAID. The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. 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. 9. GUARANTEES 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). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the. current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. r., 13. 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 Contractorduring the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, t 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, owl and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and I R 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. 15. EXPLOSIVES 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. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to fumish 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. 17. 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 fumished 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. r. The insurance certificates furnished shall name the City as an additional insured and shall further state that all I subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 7 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations,thereunder, The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 19. 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, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 7 21. PREPARATION FOR BID The bidder shall submit his bid on forms fumished by the City. All blank spaces in the form shall be correctly POO filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or fumish 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. If the bid is submitted by an individual, his name must be signed by him or his duly PM authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business POO address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no t'R bid may be withdrawn or altered thereafter. a 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the !" bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to � complete the work described therein. Evaluation of the bidder's qualifications shall include: t- 7. 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, -- without delay or interference. 3. , The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. A 4 BID SUBMITTAL 7 D BID SUBMITTAL UNIT PRICE BID CONTRACT PLACE: l) sy_"tS DATE: — d / b PROJECT NUMBER: 13653 - ARNETT BENSON, CHATMAN HILL, HA R L SIDEWALK CONSTRUCTION Bid of � f��-W �� �S I 2-i.� (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: - The Bidder, in comp a with your invitation for bids for the construction of a having carefully examined the plans, specifications, Instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated in Exhibit "A". The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this bid. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) working days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each working day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (S% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check ertified Ch (tor Dollars ($ ) or a Bid Bond in the sum of cvn Dollars ($ SS32 — ), which it is agreed shall be collected and retained by the Owner as liqui ed damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) ATT - Secretary r r State Co e Telephone: -7` �•3` 3 Fax Numbers: q �7 84 C( EXHIBIT "A" 4 BID SUBMITTAL BASE BID - PHASE I - ARNETT-BENSON BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total No & Units Description of Item & Unit Prices Unit Amount 1 1,400 SY 4" concrete slab as sidewalk, handicap ramp or driveway, including all subgrade preparation, spoil disposal, reinforcement and jointing, complete in place, as shown and as specified, per square yard: SERVICES: rL clA,cs ($ 1�°= )$ 14 PDoo�c MATERIALS: _�� ($ $Cpl. ? TOTAL: WaAOA, 2 100 SY Removal and legal disposal of concrete sidewalk or driveway, complete, as shown and as specified, per square yard: ,J SERVICES: N f tse 13 ,45 ($ �= )$ 90©'T MATERIALS: TOTAL: IJ ($ $ pp =c TOTAL SERVICES $ ' `f~ �co -:-- TOTAL MATERIALS $ 1, A'c�o = TOTAL BASE BID (PHASE I) $_ 5. V y BS -1 k . i EXHIBIT "A" BID SUBMITTAL BASE BID - PHASE II - CHATMAN HILLMARWELL BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total No & Units Description of Item & Unit Prices Unit Amount 1 1,300 SY 4" concrete slab as sidewalk, handicap ramp or driveway, including all subgrade preparation, spoil disposal, reinforcement and jointing, complete in plac , as shown and as specified, per square yard: SERVICES: Cv 'S ($ 10 .)$-13 —BOQ- MATERIALS:- u�— ($ �� �$!4 TOTAL:—a." a.14 ($ $ 2 50 SY Removal and legal disposal of concrete sidewalk or driveway, complete, as shown and as specified, per square yard: SERVICES: ($ )$© 2 MATERIALS: ...... TOTAL: Wt ,J Q ($ 9`o $--�� �.» TOTAL SERVICES TOTAL MATERIALS TOTAL BASE BID (PHASE II) i $ 13 4 scz $ $ BS -1 i EXHIBIT "A" BID SUBMITTAL BASE BID - PHASE III - HARWELL ... BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total No & Units Description of Item & Unit Prices Unit Amount 1 1,600 SY 4" concrete slab as sidewalk, handicap ramp or driveway, including all subgrade preparation, spoil disposal, reinforcement and jointing, complete in place, as shown and as specified, per square yard: SERVICES: Az, J-qc, ($bb� A f to Goo MATERIALS: ($ 51� $ 1:2 = TOTAL: uC'A S ($ -2S"= )$� 2 200 SY Removal and legal disposal of concrete sidewalk or driveway, complete, as shown and as specified, per square yard: r' SERVICES: !y AJ,+Q- $ �� $ $ dice (-� MATERIALS: ($ ~ o $ —� — TOTAL: 1 Aix S ($9 °� )$ a •• TOTAL SERVICES TOTAL MATERIALS TOTAL BASE BID (PHASE III) $ 1- , &.so= $ :P 4 0107--1 BS -1 EXHIBIT "A" BID SUBMITTAL SUMMARY BASE BID ITEM NO. 1: 00 t SERVICES: V!I"I t�easa"'qAt IU�UIZ Y�( httY S• $ �'T O r, ) 0 MATERIALS: a Cry `� %0--.- c iv. -S )$ o� (� (!)QC)�`' TOTAL BASE BID ITEM NO. BASE BID ITEM NO.. 2: SERVICES: I'� `� At r MATERIALS"We TOTAL BASE BID ITEM I O. t BASE BID ITEM NO, SERVICE MATE J� TOTAL BASE BID IT R a: r ttly 4"4' -V -s I NO. 3: � c ilo���c�Z 0 . j3gsoi 9$ n SC90 .4 cs S )$ Z 9 So z goo S To —0-u -- $ �,�= LIST OF SUBCONTRACTORS Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CERTIFICATION IN COMPLIANCE WITH SECTION 109 OF PUB. L 100-202 REGARDING RESTRICTIONS ON THE AWARD OF CERTAIN CONTRACTS AND SUBCONTRACTS TO FOREIGN COUNTRIES (a) Defmitions. The definitions pertaining to this provision are those that set forth in the clause entitled "Restrictions on. Public Works Projects." (b) Certification. Except as provided in paragraph (c) of this provision, by submission of its bid or proposal, the bidder certifies that it: (1) Is not a Contractor of a foreign country included on he list of countries that discriminate against U. S. firms published by the Office of the United States Trade Representative (USTR) (sec paragraph (h) of this provision); (2) Has not or will not enter into any subcontract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; and (3) Will not provide any product of a country included on the list of foreign countries that discriminate against U.S. firms published by USTR (c) Inability to certify. A bidder unable to certify in accordance with paragraph (b) of this provision shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification. (d) Applicability of 18 U.S.C. 1001. The certification in paragraph (b) of this provision concerns a matter within the jurisdiction of an agency of the United States, and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, U.S.C. 1001. (e) Notice. The bidder shall provide immediate written notice to the Contracting Officer, it; at any time before the contract award, the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (i) Restrictions on contract award. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban Development, no contract will be awarded to a bidder (1) who is owned or controlled by a citizen or national of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, (2) whose subcontractors are owned or controlled by citizens or nationals of a foreign country on the USTR list in the public works project.. (g) Recordkeeping. Nothing contained in he foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (b) of this provision. The knowledge and information of a bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. {r l (h) USTR List. The USTR published an initial list in the Federal Register on December 30, 1987 (53 FR 49244), which identified one Country - Japan. The USTR can add countries to the list, and remove countries from it, in accordance with r� section 109(c) of Pub. L. 100-202. i a ;Coontraw2�7e&, or, Name) 'C*yX0 2.0 4 Gc1t�DQ C�SiT' L Addrossl.C-7CCAUb ALA 6,--Y city'. e��, County -7,F33 P State Zi Telephone: go(. 3 3 Fax Number 7 (Seal if Bidder is a Corporation) A ST: Secretary i TO: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 1. CONTRACTOR INFORMATION DATE: �' 'FtO PROJECT NUMBER �3 CDWO: PROJECT NAME: &' The undersigned, having submitted a bid to the City of Lubbock for the construction of the above identified project, certifies that: (a) The legalname x ,,.aq/ /x d business address (including zip code) of the undersigned is: 12C #6-rac b C457— ��. - g,C� u�c�r� _i /733 If 2. The undersigned is: 3. (a) A single proprietorship (list sole owner). (b) A partnership (list all partners). (c) A corporation (names of all principals and their titles). President: Vice -President: Secretary/Treasurer. The Taxpayer Identification Number for the undersig (a) Employer Identification Number (Federal Identification Number): (b) Social Security Number. Em H awarded this bid for the aforementioned project, the undersigned agrees to forward to the City of Lubbock within ten days after the execution of any subcontractor(s) a list of all subcontractors who will be employed on said project. This list will consist of the subcontractor's legal name and business address. , %%-- Date: d — 2 '47L, (Priv or Typed Name) /1G6-�Gcbry mpany AddrcKs City'? S County -71 331 State Zi Code Telephone: � � - V9 cl 15 z 3 Fax Number- & 9 r COMMERCIAL INDEMNITY Insurance Company BID BOND BOND NUMBER BD29499 KNOW ALL MEN BY THESE PRESENTS: THAT BIRCHWOOD CONSTRUCTION, INC., 2815 N. U.S. HWY 385, LEVELLAND, TEXAS 79336 as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, as Surety, are held and firmly bound unto CITY OF LUBBOCK as Obligee, in the full and just sum of FIVE PERCENT (5%) OF THE AMOUNT BID lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal is hereby submitting its proposal for REMOVE AND REPLACE SIDEWALKS AT VARIOUS LOCATIONS IN LUBBOCK, PROJECT NO. 13653. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise, the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered AUG=-)4STRUCTION, BIINC. PRINCIPAL By T SEAL COME L IN CTYNSURANCE CO ANY BY �''4 SEAL RICHARD BAILER ATTdRNEY-IN-FACT Commercial Indemnity Insurance Company "P.O.Box 67 Austin, Texas 78767 COMMERCIAL INDEMNITY INSURANCE CM BD 29499 POWER OF ATTORNE FOO " KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, havii its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12 day of May, 1994, to wit: Z esolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorne -Fact, such persons, firms, or corporations as may be selected from time to time. r 6 4 i Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or at certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shy be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be val and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurani Company does hereby make, constitute and appoint: JOHN W. SCHULER OR PAUL CAMERON OR RICHARD BAKER State of Texas its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execut acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed t the duly authorized officerof the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herei given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signedby any officerof the Compan and its Corporate Seal to be hereto affixed. n w SEAL Rudy Herzog, President 0 l State of Texas County of Travis On this 12th day of May, in the year 1996, before me Shannon McBride, a notary public, personally appeared Rudy Herzog, personally know to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to in that the Corporation executed it. //�}w^•*SIVANON WSR Vk, AA r Commission Expires 5-20-98 CERTIFICATE Shannon McBride, Notary Public I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Powe r of Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 7TH day of AUGUST ,19 96 l m l -t' P -j SEAL !^ 'g Paul Cameron, Secretary 6. b COMMERCIAL INDEMNITY Insurance Company (formerly Commercial Lloyd's Insurance Company) IMPORTANT NOTICE To obtain information or make a complaint: You may contact Rudy Herzog, President of Operations, whose direct dial number is 512-444-7776. You may also fax us information at 512-440-0989. You may also call Commercial Indemnity Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-234-8046 You may also write to Commercial Indemnity Insurance Company: 3901 South Lamar, Suite 350, Austin, Texas 78704. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714-9104, Fax 512-475-1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company 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 of condition of the attached document. r PAYMENT BOND BOND CHECN( BEST RATING LICER D ! AS DAT9�u._..._. BD30048 !. STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.02•I(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) BIRCHWOOD CONSTRUCTION, INC. FKNOW ALL MEN BY THESE PRESENTS, that2glS N TT(hereinafter called the Principa!(s;, as L�EL�D, TEXAS 79336 Principal(s), and _ GCINIMRR{'TAj, TNIIFJ"^'TTY TNE11RANCE CCIVIPANY (hereinafter called the Suret s), as Sure t (s , are held and firmly bound unto the City of Lubbock (hereinafter called the Ubligee), in the amount of . e � � THOUSAND SIX HUNDt ars ($ lawful money of the nited States for the payment wtlereof, 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 F—ZER�R_, � gday of 19 yti tp RRNo1\IF A TTl U�Dj;AC'R GTT�T'Tn1AT KG AT VaRTnTTC AmTnrr Trl T TroDMV - and said Principal under the law is required before commencing the work provided for in said contract to execute a bow, �n the arrlount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extelll Is if copied at length herein. i L NOW, THEREFORE, THE CONDITION OF THIS' --OBLIGATION IS SUCH, that if the said principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said .onlracl, then, this obligation shall be void; otherwise to rerrtath 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. HN WITNESS WHE=REOF, the said Principal (s) and IS6rety (s) have signed and sealed this instrument this 8Tday of _. OCTOBER 1996 cat, r'NS>ANCE COMPANY 7ure(y BIB D CONSTRUCTION COMPANY f i - t'BI rinci nci ICHARD''tR ATTORNEY-IN-FACT (Title) �.. By. C (Title) By. _ (Title) G C.` r The undersigned surety company represents that it is duly se Iified DUB GOODWIN an agent resident in Lubbock County toto do whomranyre�, ill TexaS, Andquis to notices may be L �etivered and on whom service of process may be had in matters arising out of such suretyship. BD30048 —COMM X1-1, INDE�fITY IN_ s:Up.ANCE C'OMPi 4 surety (ritie )RICHA*+ 4E1'J-tl: ,,-NT X -IN -FP Approved as to form: 77 Fity of bock s- ------------ - Y Cil Homey 7lorn" Note: If signed by an officer of the Surety Company there Must be on file a certified extract from the bY - 1at this person has authority to sign such obligation. If signed b, e co Iof sowerf ey for our files. y an Attorney in Factwe must have copy p of of t PERFORMANCE BOND BOND CHECK�� �� BEST RIII iG LICE'; p S DATE I wIy BD30048 STATUTORY PERFORMANCE BOND PURSUANT TO SECT ION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE,THAN $100,0oo) BIRCHWOOD CONSTRUCTION, INC. 2815 N. U.S. HWY 385, �LEVELL KNOW ALL MEN BY THESE PRESENTS, that TFxAg 7A1j[hereinafter called the Principal(s), as Principal(s), and _COMMMPRC'TAT TNDF.MNTTV TMSTIRArj ZE CKUPAnTv (hereinafter called the Suret}(�s�, s Suretx(s are held a fitmfy bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of . t#tn;Drb'�nTi SIX _ Dollars $ h ( 5.(L,�>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 2611}1y of SEPrPEMBER 19 9i?to REMOVE AND REPLACE SIDEWALKS AT VARIOUS LOCATIO-TIS IN LUBBOCK and said principal under the law is required before comfilettcing the workrovided for in said contract ract to execulc, a hor,d in the amount of said contract which contract Is hereby reforred to and made a part hereof as fully and to the same extent as if copied at length herein. l NOW, THEREFORE, THE CONDITION OF THfS OBLIGATION IS SUCH, that if the said Pimcipal shall tailhfully perforin the work in accordance with lite plans, specifications and contract documents, then this obligation shall he 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 (tie Texas Government Code, and all liabilities on this bond Miall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITIyCSS WHEREOF. file said Principal (s) and Surety (s) have signed and sealed this instrument this 8TH day of ��>3�R: 19 96 -- CuVNER21 NEUTIT 'Y INSURANCE COMPANY Sutety ay R✓r%'f,�f Rifle). RICHT D.:'SARER ATTORNEY—IN—FACT r (Title) �— By: (Title) { BD30048 s The undersigned surely company represents that it is duty qualified to do husiness in Texas, and f,c,reby Iio+esignates DUB GOODWIN an agent resident in Lubbock County to whom any requisite nolicos may be delivered ai►d n whom service of process may be had in matters arising out of such suretyship, Surety T -INSURANCE C )KTA,Nr RICHAFt :Eur tom? -k1W 1Ey-IN—FA( A proved as to Form ritya bboc k _ ^ ity Attorney Y k " Note: If signed by an officer of the Surety company, there must be on file a certified extract from th►, by-laws showir; at Ihis person has a►ithority to sign such Obligation If sigr►ed by an Attoiney in Fact, we must have copy of power vt t Carnoy for our files j� f Commercial Indemnity Insurance Company P.O. Box 67 Austin, Texas 78767 COMMERCIAL INDEMNITY INSURANCE CO. BD 30048 POWER OF ATTORNEY l KNOW ALL MEN BY TIJESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12th day of May, 1994, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney - In -Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: W._SCHULER OR PAUL CAMERON OR RICHARD BAKER OR SANDRA.DENTON Stateof Texas its trueand lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, 7 acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Comp9ny shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts ofsaidAttorney(s)P ursuanttotheauthority herein given, are hereby ratified and confirmed. I^ IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company hascaused thesepresents to be signed by anyofficcroftheCompany and its Corporate Seal to be hereto affixed. ITY SEAL Rudy Herzog, President g '�SIIN,h' rState of Texas t County of Travis On this 12th day of May, in the year 1996, before me Shannon McBride, a notary public, personally appeared Rudy Herzog, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. �E( .) N.roft.,...,... WY 20, 4 7 Commission Expires 5-20-98 Shannon McBride, Notary Public l., CERTIFICATE 1, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: - L7Signedand Scaled at the said Company at Austin, Texas dated this —�'1day of .1� __�g ; iTM s _ 'g SERI. Paul Cameron, Secretary -- i COMMERCIAL INDEMNITY Insurance Company (formerly Commercial Lloyd's Insurance Company) IMPORTANT NOTICE r 1 . To obtain information or make a complaint: You may contact Rudy Herzog, President of Operations, whose direct dial number is 612-444-7776. You may also fax us information at 512-440-0989. You may also call Commercial Indemnity Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-234-8046 You may also write to Commercial Indemnity Insurance Company: 1507 South I1-1-35, Austin, Texas 78741. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-262-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714-9104, Fax 512-475-1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company 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 of condition of the attached document. OCT -23-1996 1200 5124400989 5124400999 P.02 COMMERCIAL INDEMNITY N S iJ ;i A �4 C C i_ lJ M. P A 1'% Y SURETY BOND REINSURANCE AGREEMENT Effective January 1, 1995, the folio ina rainsurers have corir acied to each surety, bond toss in excess of 91030,000 up to $1,0001 Wo Coverace Has been arranged through Sates Turner; Inc., Overland Park, Kansas. Each indlvidual reinsurers Participation is as folicws: First Layer - $400,000 excess of $400,000 A.M. BEST RATING Navigazvrs Insurrance Company 25% A Vii Repubr6c Westarn Insurance Company 50% A+ vill Ranger insurance Company A YII Second Layer - $500,000 excess of $500.00 A.M. BEST RATTING Nsvigators Insursnoe Company i570 R tJl; Republic Western insurance Company 5041, at °V Iti Ranger Insurance Company 25% A vil �„� jl. •.4i. tri � K'.:.' � I.r �i.f . O �' ... �_ -� � .... 4:' -.w... ' '•J TOTAL P.02 CERTIFICATE OF INSURANCE 7 7 r OCT -31-11996 07'57 FROM BLEDSOE INS. LUBBOCK, TE); TO 7672,64 P.01 ...... CA72 pdvoomn 11!� � qzi", pi 51 �tj p" po== `-HIS COMFICAIZ IS ISSUED %.FA$ A MATTER OF INFORWATION BLZME INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEP. THIS END CERTIFITE DOUS NOT AMEND, EXTOR P.O. SOXox gm ALTER THE COVERAGECAAFMADED BY THE POLICIES BELOW. COMPANIES AFFOfII)Mq, CPVERACE LUBBOCK. TX 79464 commy 00-794-M A UNION STANDARD 1NPJ= 0 -'*PAW SIRCKWOOD CONSTRUCTION. INC. B SOUTHERN couffimmo &A PO Cox gui COMPANY LMLLAND, TX C 7WOF 74334 co~ TWIS 19 TO OWFY THAT 114 POIJOES OF INSURANCE US-, W SELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE MF THE POLz-.Y PER= �4 WS INDICATED, NMITWSTAVOING ANY RE01J)PEIMENT, TERM OR CONDIrION OF ANY 00N7PA.CT OR 0r4ER DOCUMENT 14ni1i RESPECT To WMr MRTIRCATE MAY BE ISSUED OR MAY PERTAIN, THE IN3LIPLANCE AFFORDED by 714 POLICIES 0MRSED HEREIN M VJBJEOT To AU. TME Taw. EXCWSiONS AND CONDMONS OF 3JCH POLICIES. L,10" SH004 MAY HAVE SEEN REDUCED BY PAID CLAIMS. 1?*;t "M OF! 91PJPAX= Pouty Rumom POL" ON== DA11 08MY0 PoLXv Cmu?m PAW (WOOrM It= A QMRAAL MUL"MWL comwe-ROK ORAL LVZL7y *-w4 mm! r—z] Comm L mm. =ft FROR N31281843 05-134* I WJAWNTE MODUM - CW,; -V A33 I EACH CCCUFMCE 1 000 S 3 0 r FM IDAMAU ON, VV ke) DED. s AunVmLz UmLM ANY AM i STC516M j 83 6 I us -w COWNED 8510M WIT ODDLY WAY X ALL Offr=O AUTOS S:wn Affo$ XtRY X "ma uww" A= MY -ISA ACCIDENT is arqp Tw xromy; ANY AUTO EAOH ACCtDEM � - � ` I ADWEOATE UkGVUA FORM I om rqm uvemeAA POW womem Comm"?" mo Cmftovm UULV Im pRopmem IN" m"enEpm ggans C. M%u - P7.10y UNIT Ew.oym a CCSCPPTM OF OMAr4n%=A74NWffl1=ftWnWL nW SIDEWALK CONSTRUCTION FOR ARFWT BENSON. CHATMAN "ILL AND HAMM9.601�$•/-THE CITY OF LUBBOCK 15 AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND BUSINESS AUTO POLICIM WAIVER OF SUBROOATION IN FAVOR OF THE CITY OF LUDSOCK 014 GWJtAL IJADILITY-"N AUTO POLWS, 5., 5 CITY OF LUBBOCK *fO= AMY Of Tht AWW 9CM60 POUM st CMCC= 9MM WIC ATTN: SHELLY CMA' -*N QA7C WOW, THIS WJW WIVARY w1A 04MY" TO MAL. PO Box mo It I)AM WMI I NOTICE TO rdt CM 1F HOLM RUM TO TNI LOO. LUBROCK TX Tsm 9VT FALVRE um SUCH NM= WALL SftM 010 OBUQA7" OR U&WL" or ANY NX7 b7ft t"I"t, 12MW�j r,* AMM OR RLOR&WAVIM. TOTAL P.01 PRODUCER BLEDSOE INSURANCE AGENCY P.O. BOX 65028 LUBBOCK, TX 79464 606-7944686 DATE PAVOO/YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY AUrOMOBLE X X A UNION STANDARD COMPANY 8'97 B SOUTHERN COUNTY/METRO GA COMPANY PROPERTY DAMAGE S C TWCIF COMPANY GARAGE LIABILITY ANY AUTO D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE @BNDD/YY) DATE (MLVDD/M LIMITS A GENERAL LIABILITY NG1281343 05.15-96 05-15-97 OMER& AGGREGATE s X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE ExOCCUR OWNERS 6 CONTRACTORS PROT X 500 PD DED. PRODUCTS - COMP/OP AGG $ PERSONAL 6 ADV WURY i EACH OCCURRENCE S FIRE DAMAGE (Any one ire) i MED EXP (Any one person) s I a AUrOMOBLE X X LIABILITY ANY AUTO ALL OWNED AUTOS Sip AU`rOS HIRED AUTOS NON -OWNED AUTOS STC516969 8--96 8'97 COMBINED SINGE LWIR i 1,000,001 BODILY ftKIRYi (Per person) BODILY INJURY (Per sixidenq i PROPERTY DAMAGE S s GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE S AGGPo=GATE s i y I In WORKERS COMPENSATION AND...... EMPLOYERS! LIABILITY THE PROPRIETOR/ INCL PARTNERSEXECUTIVE OFFICERS ARE: EXCL SBP001$150100 96--2296 W22-97WC STATU DTH EL EACH ACCIDENT i EL OLEEASE - POLICY LAIR S EL DISEASE - EA EMPLOYEE i OTHER DESCRIPTION OF OPERATIONSILOCATIONSIMICLES/SPECIA REAS ,SIDEWALK CONSTRUCTION FOR ARENTT BENSON, CHATMAN HILL AND HARWELL SCHOOLS. THE CITY OF LUBBOCK IS AN ADDITIONAL NSURED ON THE GENERAL LIABILITY AND BUSINESS AUTO POLICIES. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAI. 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAI. SUCH NOTICE SPALL IN OSE N0 OB ATSON OR LIABILITY OF ANY KIND UPON ANY KIND UPON TH�COIKP�AG�ATIVIMATNES AUTHOR® REPRESENTATIVE w I , ACORD,F. ..:........:...... PRODUCER BLEDSOE INSURANCE AGENCY P.O. BOX 65028 LUBBOCK, TX 78464 806-7948686 INSURED City of Lubbock PO Box 2000 Lubbock TX 79457 DATE (YMtDDtYY) 10=/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A UNION STANDARD COMPANY B QA COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNV) POLICY EXPIRATION DATE (IIMIDDIVY) LI M FIRE DAMAGE (Any one ke) i 50 Opo A GENERAL LIABILITY N01282544 11-01-96 11-01-97 GENERAL AGGREGATE i AUTOMOBILE LIABLLfTY COMMERCIAL GENERAL LIABILITY COMBINED SINGLE LIMIT i PRODUCTS - COMPAP AGO S 20( CLAIMS MADE F OCCUR ALL OWNED AUTOS SCHEDULED AUTOS PERSONAL a ADV INJURY S 20( X OWNERS a CONTRACTORS PROT BODILY INJURY (Per moddenQ i EACH OCCURRENCE i 20( DESCRIPTION OF OPERATIONSILOCATIONSNENICLESISPECW. RENS r SIDEWALK CONSTRUCTION FOR ARENTT BENSON, CHATMAN HILL AND HARWELL SCHOOLS. { Contractor - BrIchwood Construction, Inc., PO Box 8241, Leveiland TX 79338 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO NAR in DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAR SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORED/ t RAVE , A'j AO4JK " FIRE DAMAGE (Any one ke) i 50 Opo MED EXP (Arty one person) S 5.000 AUTOMOBILE LIABLLfTY COMBINED SINGLE LIMIT i ANY AUTO BODILY INJJRY i (Per person) ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OYVNED AUTOS BODILY INJURY (Per moddenQ i PROPERTY DAMAGE i GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S rAGGREGATE S EXCESS LIABLLRY EACH OCCURRENCE i AGGREGATE $ UMBRELLA FORM i r OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND %ERITS EL EACH ACCIDENT $ EMPLOYERS' LIABILITY EL DISEASE - POLICY LIMIT S THE PROPRIETOR/ INCL PARTNERS)IDECUTIVE EL DISEASE - EA EMPLOYEE IS OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONSILOCATIONSNENICLESISPECW. RENS r SIDEWALK CONSTRUCTION FOR ARENTT BENSON, CHATMAN HILL AND HARWELL SCHOOLS. { Contractor - BrIchwood Construction, Inc., PO Box 8241, Leveiland TX 79338 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO NAR in DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAR SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORED/ t RAVE , A'j AO4JK " CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT r- To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by r contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. h Agent (Signature) Agent (Print) �., Name of Agent/Broker: ' Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: ( ) r Date: CONTRACTOR'S NAME: (Print or Type) CONTRACTOR'S ADDRESS: NOTE TO AGENTIBROKER If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions conceming these requirements, please contact the Purchasing Manager for the City of Lubbock at (806)767-2165. BID ###### r t r 19 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. [i 7 6 HUD CERTIFICATIONS SECTION USTATEMENT OF WORK FORCE NEEDS D CERTIFICATION IN COMPLIANCE WITH ,.. SECTION 109 OF PUB. L. 100-202 REGARDING RESTRICTIONS ON THE AWARD OF CERTAIN CONTRACTS AND SUBCONTRACTS TO FOREIGN COUNTRIES (a) Definitions. The definitions pertaining to this provision are those that set forth in the clause entitled "Restrictions on Public Works Projects." (b) Certification. Except as provided in paragraph (c) of this provision, by submission of its bid or proposal, the bidder certifies that it: (1) Is not a Contractor of a foreign country included on he list of countries that discriminate against U. S. firms published by the Office of the United States Trade Representative (USTR) (see paragraph (h) of this provision); (2) Has not or will not enter into any subcontract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; and (3) Will not provide any product of a country included on the list of foreign countries that discriminate against U.S. firms published by USTR. }". (c) Inability to certify. A bidder unable to certify in accordance with paragraph (b) of this provision shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification. (d) Applicability of 18 U.S.C. 1001. The certification in paragraph (b) of this provision concerns a matter within the jurisdiction of an agency of the United States, and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, U.S.C. 1001. (e) Notice. The bidder shall provide immediate written notice to the Contracting Officer, if, at any time before the contract award, the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (f) Restrictions on contract award. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban Development, no contract will be awarded to a bidder (1) who is owned or controlled by a citizen or national of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, (2) whose subcontractors are owned or controlled by citizens or nationals of a foreign country on the USTR list in the public works project. (g) Recordkeeping. Nothing contained in he foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (b) of this provision. The knowledge and information of a bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (h) USTR List. The USTR published an initial list in the Federal Register on December 30, 1987 (53 FR 49244), which identified one Country - Japan. The USTR can add countries to the list, and remove countries from it, in accordance with section 109(c) of Pub. L. 100-202. Contractor (Printed or Typed Name) Company Address City, County State Zip Code Telephone: Fax Number: - (Seal if Bidder is a Corporation) ATTEST: Secretary CONTRACTOR INFORMATION TO: City of Lubbock DATE: P.O. Box 2000 Lubbock, Texas 79457 PROJECT NUMBER CDWO: PROJECT NAME: 1. The undersigned, having submitted a bid to the City of Lubbock for the construction of the above identified project, certifies that: (a) The legal name and business address (including zip code) of the undersigned is: 2. The undersigned is: (a) A single proprietorship (list sole owner). (b) A partnership (list all partners). (c) A corporation (names of all principals and their titles). President: Vice -President: Secretary/Treasurer: 3. The Taxpayer Identification Number for the undersigned is (whichever is applicable): (a) Employer Identification Number (Federal Identification Number): (b) Social Security Number: 4. If awarded this bid for the aforementioned project, the undersigned agrees to forward to the City of Lubbock within ten days after the execution of any subcontractor(s) a list of all subcontractors who will be employed on said project. This list will consist of the subcontractor's legal name and business address. Contractor (Printed or Typed Name) Company Address City, County State Zip Code Telephone: Fax Number: Date: CONTRACT 7 r CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of September. 1996, by and between the City of r Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to t do so, hereinafter referred to as OWNER, and BIRCHWOOD CONSTRUCTION. INC. of the City of Levelland, County of Hockley, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 13653 - ARNETT BENSON, CHATMAN HILL AND HARWELL SIDEWALK CONSTRUCTION - $110,650.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement In Lubbock, Lubbock County, Texas in the year and day first above written. AP VEDA O F RM: Cit ttomey ATTEST: Corporate Secretary CITY OF LUB C , T S (OWNER) By: MAYOR O !r1 By: L�% - PRINTED NAME: il(L deco dJT 'L TITLE: �� -, T�V COMPLETE/ADDRESS: Birchwood Construction, Inc. PO Box 8241 Levelland, Texas 79338 w GENERAL CONDITIONS OF THE AGREEMENT FGENERAL CONDITIONS OF THE AGREEMENT t. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. r Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shalt be understood to mean the person, persons, co -partnership or corporation, to wit EURCHWOOD CONSTRUCTION. INC.. who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used In this contract, it shall be understood as referring to, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and LARRY HERTEL, CITY ENGINEER, who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or Inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds Of required), General Conditions of the Agreement, Special Conditions of the Agreement Of any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES 6. Whenever the words "Directed "Permitted," "Designated," *Required,n "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. 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. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described In words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Pians, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the _ executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or — the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work — contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and 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 him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. -- 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the worts whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be'paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the worts or the interpretation of the contract, specifications and plans. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable !^ representatives of the Contractor is essential to the proper performance of the work and lack of such supervision ! shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be bome by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the 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 PM work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. I•" l r� 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, 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. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owners Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owners Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and -- testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owners Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owners Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owners Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by, Owner or Owners Representative, be uncovered for examination at Contractors 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 Owners Representative to make observations of such work or require testing of said work, then in such event Owner or Owners Representative may require Contractor to furnish _ Owner or Owners Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owners Representative, it must, if requested by the Owner or Owners Representative, be uncovered for observation and testing at the Contractors expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractors expense. i Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by r" Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work'or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or 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 fumished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner: It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" Is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and 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 F other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's. Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's 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). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC 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 Mi ( Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and I"^ save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his 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) 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 insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. i The Contractor shall procure and cant' 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 r 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. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $200.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury • Advertising Injury , E B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $200.000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance D. The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $150.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the. Certificate of Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of ° (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000. 1. 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 ❑ entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative _ of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by _ such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. _ (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: . (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; r w (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 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: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the Identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on.proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; _ (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on — the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES _ Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness .or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patentor copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is 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 harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. r 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and r regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to k be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. FM The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event r sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, -- schedules which shall show the order in which the Contractor 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. EXTENSION OF TIME The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. - I-- 38. -_ 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative 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 for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. 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. PM 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 he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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 k incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. . PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to 'be in order shall prepare a certificate for 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; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual ,delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE ! Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or, substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be ;completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final _ measurement and prepare a final statement of the.value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said — payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this _ contract or required, in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned. by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the' Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's' Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a r- bar to any claim by either party, except where noted otherwise in the contract documents. ' 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Flo Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete j the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. j" In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and 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 his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. #� In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, r then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the { Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special _ conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, _ or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work _ covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to cant' out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 46 few r• raw i 1 SPECIAL CONDITIONS OF THE AGREEMENT 1. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The Contractor and each subcontractor shall prepare their payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, 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 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or subcontractor 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 cost incurred in providing such benefits. The Contractor and each subcontractor shall make their employment records with respect to persons employed by them upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or Public Body and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. NHNIlVIUM WAGES (See Exhibit B: In excess of $2,000) All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is included in Exhibit B) regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 4. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISIONS Any class of laborers or mechanics which is not listed in the wage determination decisions and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 5. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transportation of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the geniality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 6. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body, in addition to such other rights as may be afforded it under this Contract, shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due, or on their behalf to plans, funds or programs for any type of fringe benefit prescribed in the applicable determination. 7. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decisions of the Secretary of Labor, which are a part of this Contract: Provided, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for meeting the obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. 8. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minimum rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefits which is not expressed as an hourly wage rate, and the Contractor is obligated to pay the cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the _ event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. 9. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 STAT. 357-360: TITLE 40 U.S.C.. SECTIONS 327-332) (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which they are employed on such work to work in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times their basic rate of pay for all hours worked in excess of 40 hours in such work week. 4 v' r (b) Violation: Liability for unpaid wages and liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this Section, the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in paragraph (a) in the sum of $10 for each r. calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or any subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b) of this Section. (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b) and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 10. EMPLOYMENT OF APPRENTICEYTRAINEES (a) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate who is not a trainee as defined in paragraph (b) of this Section, or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The Contractor or subcontractor will be required to furnish to the contracting officer, or a representative of the Wage - Hour Division of the U. S. Department of Labor, written evidence of the registration of and wage rates (expressed in percentages of the journeymen hourly rates), for the area of construction prior to using any apprentice on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) Trainees. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U. D. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The Contractor or subcontractor will be required to performs. The Contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the U. S. Department of Labor written evidence of the certification of his program, the registration of the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. w (c) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 11. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 12. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" The Contractor shall comply with the applicable regulations (See Exhibit A, attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June — 13, 1934 (48 Stat: 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967; 62 Stat. 740: Title 18 U.S.C., Section 874 and Title 40 U.S.C., Section 276c) and any amendments or modifications thereof, and shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the r submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances and exemptions from the requirements thereof. 13. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable to his employer under this Contract. 14. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor, in writing, to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 15. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti -Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's -- appropriate ruling or interpretation, which shall be authoritative and may be relied upon for the purpose of this Contract. 16. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor. A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6. 17. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS f. No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a r" corporation for its general benefit. F 18. OTHER PROHIBITED INTERESTS No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project. 19. SPECIAL EQUAL OPPORTUNITY PROVISIONS t. A. Activities and Contracts Not Subiect to Executive Order 11246, as Amended. C" Applicable to Federally assisted construction contracts and related subcontractors under $10,000) During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants for employment 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 t . to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor shall incorporate the foregoing requirements in all subcontracts. Contracts Subiect to Executive Order 11246, as Amended. (Applicable to Federally assisted construction contracts and related subcontracts exceeding $10,000) 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 for employment 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 limited to, the following: employment, upgrading, demotion or transfer,; recruitment or recruitment advertising; �., layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions r of this nondiscrimination clause. f (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 consideration 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 he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representative of the Contractor's commitment 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, and 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 the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department 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 such 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 contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by laws. (7) The Contractor will include the portion of the sentence immediately preceding paragraph B(1) of this Section, and the provisions of paragraphs (1) through (7) which follow, 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 subcontractor or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a Contractor become involved in, or is threatened with, litigation with the Department, the Contractor may request the United States to enter such litigation to protect the interest of the United States. _ C. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: (Applicable to Federally assisted construction contracts and related subcontracts exceeding $10.0001 During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (1 USC 170(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder. (2) The "Section 3" set forth in 24 CFR 13 5.20(b) shall form part of this Contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents." (3) . Contractors shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all subcontracts. Section 3 Clause as set forth in 24 CFR 135.20(b) A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 In. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued 1 pursuant thereto by the Secretary of Housing and Urban Development and set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder, prior to the execution of this PM Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. r C. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause, and shall posts copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to a subcontract upon a finding that a Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20 (b). The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR 135.20 (b), and will not let any subcontract unless the subcontractor has first provided said Contractor with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20 (b), and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided tot he project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill theses requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.20(b). 20. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000) Compliance with Air and Water Acts During the performance of this Contract, the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., and the Federal water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all non-exempt contractors and subcontractors shall furnish to the Owner the following: (1) A stipulation by the Contractor or subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) An agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contracts, is under consideration to be listed on the EPA List of Violating Facilities. (4) An agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraphs (1) through (4) of this Section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. 21. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND ACCIDENT PREVENTION A. Lead -Based Paint Hazards (Applicable to contracts and related subcontracts for construction or rehabilitation of residential structures exceeding $100,000) The construction or rehabilitation of residential structures is subject to the HUD Lead -Based Paint regulations, 24 CFRPart 35. The Contractor and subcontractors shall comply with the provisions for the elimination of lead-based paint hazards under sub -part B of said regulations. The Owner will be responsible for the inspections and certifications required under Section 35.14(f) thereof. B. Use of Explosives The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and Federal laws in purchasing and handling explosives. The contractor shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The Contractor shall notify all owners of public utility property of his intention to use explosives at least eight hours before blasting is done close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be caused by such use. C. Danger Signals and Safety Devices The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the Contractor. Such action by the Owner does not relieve the Contractor of any liability incurred under these specifications or Contract. 22. NONDISCRIMINATION AGAINST THE HANDICAPPED SECTION 504 The Contractor shall not discriminate against any otherwise qualified handicapped employee or applicant for employment solely by reason of his handicap. The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973 (P.L. 93- 112) as amended (129 U.S.C.A. section 794). EXHIBITS A. COPELAND ANTI -KICKBACK REGULATIONS B. CURRENT WAGE DETERNUNATIONS k ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI IKICKBACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18, U.S.C., SECTION 874 (Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. r^. 862) t KICKBACKS FROM PUBLIC WORKS EMPLOYEES Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., r� Sec.276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or work finance din whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United State Code) shall apply to such statements. '--xxx--- Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned Said regulations are as t„* follows: TITLE 29 - LABOR Subtitle A - Office of the Secretary of Labor PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Section 3.1 Purpose and scope. This part prescribes "anti -kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public .• works or buildings or work financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Baoon Act and the various statutes dealing with Federally -assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work Section 3.2 Definitions. As used in the regulation in this part: (a) The terms "building" or "work" generally includes construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or firnishing, or owns the materials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. (b) The terms "conditions", "prosecution", "completion", or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (c) The terms "public building" or "public work" include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" or receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor, a partner or officer of the contractor or subcontractor, a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentality's of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instnunentality's. Section 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants form the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 54uring the preceding weekly payroll period. This statement shall be executed by the r• contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and shall be on form WH 348 "Statement of Compliance", or on an identical form on the back of WH 347, "Payroll (For Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 347 and WH 348 may be obtained from the Government contracting or r sponsoring agency, and copies of these forms may be purchased at the Government Printing Office. (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. (29 F.R 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968) Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Each weekly statement required under Section 3.3 shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at site of the building or work, or, if there is nor representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or state agency contracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representatives of the Department of Labor. Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor- (a) abor (a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of �•• the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists. ` (d) Any deductions constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either form principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, r illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (1) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasigovernmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to community Chests, United Givers Funds, and similar charitable organizations. (i) Any deduction to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. 0) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under Section 516.27(a) of this title shall be kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under Section 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly form the deduction either in the form of a commission, dividend, or otherwise' (b) The. deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees, and (d) The deduction serves the convenience and interest of the employee. Section 3.7 Applications for the approval of the Secretary of Labor. Any application or the making of payroll deductions under Section 3.6 shall comply with the requirements prescribed in the following paragraphs of this section: r (a) The application shall be in writing and shall be addressed to the Secretary of Labor. (b) The application shall identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances. (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of Section 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics form whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Section 3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere for by this part and which are not found to be permissible under Section 3.6 are prohibited Section 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of compensation for which deductions are permissible under this part. Not other methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of contract All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see Section 5.5 (a) of this subtitle. CURRENT WAGE DETERMINATIONS t OENTOP U.S. Department of Housing and Urban Development ''g Office of Labor Relations * * c Texas State Office, Southwest 1600 Throckmorton Street Post Office Box 2905 "~ 9 oav Fort Worth, Texas 76113-2905 Fla . I July 09, 1996 Lemuel L. Green Economic/Capital Project Specialist Lubbock Community Development Agency P. O. Box 2000 Lubbock, TX 79457 Dear Mr. Green: SUBJECT: Project Number: B95MC480022 Project Name : Sidewalk Construction/ Arnett-Benso, Chatman Hill and Harwell Neighborhoods Proj. Location: Lubbock County Lubbock, TX Enclosed is a copy of the schedule of Wage Rates, Decision Number r• TX960028, of the Secretary of Labor, dated 03/15/96. This schedule must be made part of the contract documents for the subject project. Please refer to the enclosed instructions concerning wage r., determinations. If you have any questions, or need assistance, please contact Dianna Isbell at (817)-885-5546. k . Sincerely, /bor Fe gu R lat ons fficer Enclosures r b / General Decision Number TX960028 /(Do2 Superseded General Decision No. TX950028 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): '" ECTOR POTTER TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR r - f HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 03/15/1996 0 03/15/1996 �4 Iwo 4 {t� Y 4 r r 4 t i "' TX960028 - 1 03/15/1996 TX960028 - 2 03/15/1996 s i r" COUNTY(ies): ECTOR POTTER TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR SUTX2037A 11/13/1991 Rates Fringes ASPHALT HEATER OPERATOR $7.467 ASPHALT RAKER 7.267 ASPHALT SHOVELER 6.400 BATCHING PLANT WEIGHER 9.799 CARPENTER 8.153 CONCRETE FINISHER -PAVING 7.496 r CONCRETE FINISHER STRUCTURES 8.148 i ELECTRICIAN 10.000 FLAGGER 5.500 FORM BUILDER -STRUCTURES 8.021 FORM SETTER - PAVING & CURB 8.300 FORM SETTER -STRUCTURES 7.839 LABORER -COMMON 6.018 LABORER UTILITY 7.102 MECHANIC 10.282 OILER 8.233 r., SERVICER 7.823 PIPE LAYER 7.000 ASPHALT DISTRIBUTOR OPERATOR 7.972 ASPHALT PAVING MACHINE 8.187 BROOM OR SWEEPER OPERATOR 6.411 BULLDOZER 7.963 CONCRETE PAVING CURING MACHINE 9.100 low CONCRETE PAVING FINISHING MACHINE 8.075 CONCRETE PAVING JOINT SEALER 7.750 CONCRETE PAVING SAW 10.063 CONCRETE PAVING SPREADER 9.100 REINFORCING STEEL MACHINE 6.500 SLIPFORM MACHINE OPERATOR 9.000 CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 4 LESS THAN 1 1/2 C.Y. 8.574 CRANE, CLAMSHELL, BACKHOE �., DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER 10.043 CRUSHER OR SCREENING PLANT OPERATOR 7.500 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 9.000 FOUNDATION DRILL OPERATOR "m TRUCK MOUNTED 10.750 FRONT END LOADER - 2 1/2 C.Y. & LESS 7.458 FRONT END LOADER - OVER 2 1/2 C.Y. 7.669 TX960028 - 2 03/15/1996 s t -� HOIST - DOUBLE DRUM 8.100 MOTOR GRADER OPERATOR FINE GRADE 10.343 MOTOR GRADER 9.835 PAVEMENT MARKING MACHINE 9.150 PLANER OPERATOR 10.458 ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS 6.828 ROLLER, STEEL WHEEL OTHER, FLATWHEEL OR TAMPING 6.474 ROLLER, PNEUMATIC SELF-PROPELLED 6.455 SCRAPER -17 C.Y. & LESS 7.546 SCRAPER -OVER 17 C.Y. 7.655 SIDE BOOM 6.350 TRACTOR -CRAWLER TYPE 150 HP AND LESS 7.290 TRACTOR -CRAWLER TYPE OVER 150 HP 10.750 TRACTOR - PNEUMATIC 7.422 REINFORCING STEEL SETTER PAVING 7.926 REINFORCING STEEL SETTER STRUCTURES 9.086 STEEL WORKER - STRUCTURAL •9.000 SPREADER BOX OPERATOR 7.332 BARRICADE SERVICER WORK ZONE 6.500 TRUCK DRIVER -SINGLE AXLE LIGHT 6.592 TRUCK DRIVER -SINGLE AXLE HEAVY 6.791 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 7.130 TRUCK DRIVER-LOWBOY/FLOAT 8.868 TRUCK DRIVER -TRANSIT MIX 6.891 WELDER 11.827 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5. 5 (a) (1) (v) ) . In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION TX960028 - 3 03/15/1996 SPECIFICATIONS COMMUNITY DEVELOPMENT SIDEWALK INSTALLATION PHASE I - ARNETT-BENSON PHASE II - CHATMAN HILL/HARWELL PHASE III - HARWELL TECHNICAL SPECIFICATIONS STREET/DRAINAGE ENGINEERING MAY 16,1996 HIS !S D w000. !R 15 SJ/6lf4 MATERIALS OF CONSTRUCTION 1. GENERAL The following paragraphs give the specifications on the various materials which are to be used in this project. On minor items a certificate from the manufacturer may be required, certifying that the material or equipment meets the specifications for such material as specified herein. All materials shall be subject to the approval of the Engineer before being used. All references in these specifications to American Society for Testing and Materials (ASTM) designations shall be the latest revisions. All references in these specifications to the Texas Department of Transportation (TxDOT) Standard Specifications for Construction of Highways, Streets and Bridges shall mean the 1993 Edition, unless otherwise noted. 2. CONCRETE Cement shall conform to ASTM C-150, Type I and Type III, and shall be an approved brand. Concrete aggregates shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to ASTM C-33 and TxDOT Item 360. Coarse aggregate for Class "C" Concrete Street Paving shall be crushed limestone (Brownwood Type). The aggregate shall be well graded from coarse to fine and shall be free from injurious amounts of clay, soft or flaky materials, loam or organic impurities. All aggregate shall be approved by the Engineer before use. Maximum size of aggregate shall be 1- 1/2 inches. Aggregate for concrete construction proposed to be used in this project shall have a loss not to exceed 18t when subjected to 5 cycles of the Magnesium Sulfate soundness test ASTM C-88. The location of all stockpiles of aggregate shall be approved by the Engineer prior to unloading as to zoning requirements, smoothness and compaction of the ground, and traffic conditions. Stockpiles of aggregate to be r- incorporated into the project shall be protected from dust by drift fences of any suitable material approved by the Engineer, when sandstorm possibilities exist. Care will be r M-1 taken to prevent dusty conditions in the stockpile area from any sources. C. Water Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts or other chemicals. The Contractor will submit test certificates from an approved commercial laboratory on all aggregates proposed for use on this work. _Tests should be made approximately 20 days before beginning the.concrete operation. The Contractor will submit, in advance of construction, the mix design and the result of compression tests made by a commercial laboratory. These will be made on each type of concrete mix design proposed for use on this project. Tests shall be made on 6 cylinders for each mix, 3 tested in 3 or 7'days, 3 tested at 7 or 28 days. Additional tests shall be furnished if material source is changed or if concrete used varies from the original design. The Engineer shall approve the mix design after the pre - construction tests have been completed. Tests of the aggregates and the concrete'will be made by the Engineer during construction to determine conformity with the specifications. Test cylinders will be made in accordance with ASTM C-31. The specimens shall be cured under standard moisture and temperature conditions in accordance with requirements of ASTM C-31. Strength tests shall be made, in general, for each day's run, or for each 50 cubic yards of concrete if a day's run greatly exceeds this amount, but these tests may be made entirely at the discretion of the Engineer. Strength tests on Class "C" Concrete shall be made for approximately each 30 cubic yards, or every third truck on each day's run. The costs of all such testing will be borne by the City but the Contractor shall cooperate in securing and storing samples and shall.furnish all materials required for sampling. A strength test shall consist of five standard test cylinders made from a composite sample obtained in accordance with the requirements of ASTM C-172. Two of the M-2 d + cylinders shall be tested at 3 or 7 days and at 7 or 28 days. The fifth cylinder shall be held available for subsequent testing, if determined necessary by the Engineer. 7 The test result shall be the average of the two 7 or 28 day specimens, except that, if one specimen in the test shows manifest evidence of improper sampling, molding, or testing, it shall be discarded and the remaining two strengths averaged. Should more than one specimen representing a given test show definite defects, due to improper sampling, '" molding or testing, the entire test shall be discarded. The result of the 7 or 28 day strength tests shall be used as the basis for accepting or rejecting the concrete represented. The results of the 3 or 7 day strength tests will be compared with the 3 or 7 day strength of the preconstruction test cylinders for the type and slump of the concrete being produced. Should the 3 or 7 daystrengths indicate a deficiency in the 7 or 28 day strengths, the Engineer may require a temporary change in proportions to correct such �,, deficiency. Such change shall remain in effect until the 7 7 or 28 day strength of the material in question is F determined, at which time the change shall become permanent or shall be rescinded, depending upon the results of the 7 I or 28 day test. The Engineer shall record the delivery ticket number for the concrete and the exact location in the work at which each load represented by a strength test is deposited. •4T4*4- - Concrete conforming to these specifications may be "Ready Mix" but transporting vehicles shall be operated such as to insure delivery and placement in forms without loss or segregation of ingredients and within one hour of mixing time. Concrete will be mixed continuously during transit. 1- Mi v nlc i nn r s All concrete for curb and gutter, valley gutters, fillets and alley stubs, alley slabs, drainage channels, inlet boxes, headwalls, and medians shall have 5t air entrainment (±1-1/2t tolerance). The concrete mix design shall be based on water -cement ratio, and shall be as follows for the different classes of concrete. M-3 Minimum Sacks Max. Gal. Max. Slump Class Cement per C.Y. Water per sack in inches A 5 6.5 4 C 6 6 3 E 5.5 5.5 3 F 6 5.5 2 The concrete mix design for the different classes shall also be such that the compressive and flexural strength for each class shall not be less than the following: Minimum Average for Class any test 3 DAY 7 DAY BEAM STRENGTH 28 DAY A --- 2100 --- 3000 C ---- 3000 600 ..3600. E 2500 3000 --- F 2900 3500 --- ---- Any concrete failing to meet these strength, requirements or air content shall be removed and replaced. Any: class of concrete incorporated in any part of the project which does not meet the strength requirements specified above, shall be considered low strength concrete. Low strength concrete shall be removed and replaced at the expense of the Contractor. The Engineer shall determine the exact limits of any low - strength concrete required to be removed and replaced under the provisions of this paragraph. The methods to be used in removing and replacing such concrete shall be approved by the Engineer. Unless otherwise shown on the plans : Class A concrete shall be used for curb and gutter, fillets, drainage channels, medians, inlet boxes, headwalls and sidewalks; Class C concrete shall be used for concrete paving and valley gutters constructed in thoroughfare and collector streets; Class E concrete shall be used for valley gutters on streets other than thoroughfares and collectors and for alley returns, alley paving and reinforced gutter sections; Class F concrete is used for railroad sections. M-4 7, G. mixing All aggregates shall be accurately weighed or measured by volume. The concrete shall be mixed in an approved batch mixer equipped with an accurate water measuring tank, and shall be mixed for one and one-half minutes after all material is in the mixer. "Ready Mixed" or "Transit Mixed" concrete may be used. If used, it shall conform to these specifications and ASTM C-94 and TxDOT Item 522. After mixing, the concrete shall be transported to the forms in a manner which will prevent separation or segregation of the aggregates and shall be placed without undue delay. It shall be deposited as nearly as practicable in its final position in order to avoid rehandling or flowing of the concrete. No water shall be added to the concrete to facilitate finishing. I• •11!• -1'- Compounds used to form an concrete surface for curing Item 526 and ASTM C-309. air tight membrane over fresh purposes shall conform to TxDOT Wire mesh reinforcing shall conform to ASTM A-185. Mesh reinforcement shall be of the size shown on the plans. All reinforcement shall be permanently marked with grade identification marks or shall, on delivery, be accompanied by a manufacturer's guarantee of grade and compliance with these specifications. Reinforcement stored on the site shall be protected from accumulations of grease, mud or other foreign matter and from rust producing conditions and shall be free from rust, scale, oil, mud or structural defects when incorporated into alley slabs or valley gutters. B.Bar Reinforcing Reinforcing steel to be used on this project shall conform to ASTM A-432 and shall be deformed to ASTM A-615 requirements unless otherwise shown on the plans. C. F' i ber Reinforcement 1. The fiber used shall be 100 per cent virgin polypropylene collated, fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin materials. r M-5 2. The physical characteristics of the fiber to be used is as follows: Specific Gravity - 0.91; Tensile Strength - 70 to 110 ksi; Length of fibers - 1/211. 3. Fibrous concrete reinforcement materials provided by this section -shall produce concrete conforming to the requirements for each type and class of concrete listed in Section M -2-E. Quantities to be used shall conform to manufacturer's recommendations, unless otherwise directed by the Engineer. 4. JOINT MATERIAL A. Ex]2ansion Joint Materials Bituminous premolded expansion joint material shall conform to TxDOT Item 433.2 (5) (c) (1) . Expansion joints shall be placed as shown on the plans or as directed by the Engineer. Joint sealing material shall be W.R. Meadows SOF-SEAL or approved equivalent. The backer rod shall be approved and compatible with the approved sealing material. 5. FORMS Forms for curb and gutter and alley paving may be of wood or metal, of a section satisfactory to the Engineer; straight, free of warp, and a depth equal to the depth of the concrete section formed. Forms shall be constructed accurately to the line and grade as established in the field, shall be adequately braced so that they will not move during the ,placing of the concrete, and shall remain in place at least twelve (12) hours after placing concrete. Forms shall be oiled with a light oil before each use and formswhichare to be re -used shall be cleaned immediately after each use and maintained in good condition. Curb forms shall be such that the face of the curb can be formed by use of a face form held in place by steel templates. Forms used for curb shall meet all of the above specifications, except that face forms on curb radii may be omitted if a true section and an accurate flow can be obtained by other methods approved by the Engineer. In no case will a concrete pour be started without the approval of the Engineer. No forms shall be placed until the subgrade is within one inch (111) of its finished grade. Forms for alley slabs may be used as a guide for screeding. Where longitudinal construction joints are required, the form shall be so constructed as to provide a 1-1/8 inch "V" shaped groove in the face. fu- 6 . FLEXIBLE BASE (CALICHE) "Flexible Base (Caliche)" shall consist of a foundation course for surface course or for other base courses. It shall be composed of caliche and stone materials and shall be constructed as herein specified in one or more courses in conformity with the typical sections shown on plans and to the lines and grades as established by the Engineer. B. Material 1. The material for the base course shall consist of argillaceous limestone, calcareous or calcareous clay particles, conglomerate, gravel, sand or other granular materials. The material source shall be approved by the Engineer. All the acceptable material shall be crushed and returned to the screened material again in such manner that a uniform product will be produced. Samples for testing the material shall be taken prior to the compaction operations. 2. The material will conform to the requirements: Sieve Size 2" 1-1/2" 7/8" 1/2" #4 #40 ---------------------------------------------I---------- retained 0 0-5 8-30 30-55 50-70 70-90 Material passing the No. 40 sieve shall be known as "Soil Binder" and shall meet the following requirements when prepared in accordance with Test Method Tex -101-E procedure: Liquid Limit - 45 maximum; plasticity Index - 15 maximum, 3 minimum; and, Linear Shrinkage - 10 maximum 3. Wet Ball Mill Test of Flexible Base Material The material, when tested in accordance with Test Method Tex -116-E, shall have a maximum allowable value of 55. R- •0 This item shall consist of base courses to be composed of a compacted mixture of graded gravel base material from sources approved by the Engineer, (Once the source is selected the Contractor will not change to another source without the Engineer's approval) and asphaltic material, mixed hot in an approved mixing plant. The percent asphalt M-7 shall be determined by the Engineer in accordance with Test Method Tex -126-E and Tex -204-F or other established procedures. B. Materials 1. Mineral A-geregate (Graded Gravel) The material shall be crushed and shall be screened as necessary to meet the requirements hereinafter specified and shall consist of durable aggregate particles otherwise specified below. 2. Prior to the mixing operations with asphaltic material, processed mineral aggregate shall be stockpiled on an area previously .cleared of trash, weeds and grass and smoothed as: directed by the Engineer. The aggregate stockpiles shall be not less than 10 feet in height and constructed in layers not exceeding 18 inches in depth or as directed by the Engineer. The plant shall have and maintain at least a two day supply of aggregate on hand unless otherwise directed by the Engineer., Material shall be stockpiled in such a manner as to prevent segregation of aggregate and mixing of aggregate from stockpiles and/or other sources. The gradation requirements for the individual stockpiles and proportioning from these stockpiles will be the Contractor's responsibility. 3. Gradation Unless otherwise specified, the grading of the mineral aggregate shall conform to the limitations as shown below: This mixture shall meet the TxDOT Item 345 Grade 4 - Grading requirements -percent retained -sieves 1-1/211 ILE tl 11 jy w - 440 0 8-30 30-55 50--70 70-90 Material passing the No. 40 sieve shall be known as "Soil Binder" and shall meet the following requirements when prepared in accordance with the Test Method Tex -101- E procedure• The liquid limit shall not exceed......... .....45 The plasticity.index shall -not exceed ............ 15 The linear shrinkage shall not exceed.............5 M-8 1" Samples for testing the material shall be taken prior to the mixing operations. Where more than one material is used, tests will be on the combined materials. The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. Lqffim u- - Asphalt for the paving mixture shall be of the type as determined by the Engineer and shall meet the requirements of TxDOT Item 300. The grade of asphalt used shall be designated by the Engineer. The Contractor shall notify the Engineer of the source of his asphaltic material prior to design or production of the asphaltic mixture and this source shall not be changed during the course of the project, except when authorized by the Engineer. Ly I .f. _. -. - The mixture shall consist of a uniform mixture of mineral aggregate and asphaltic material. The mineral aggregate will conform to the gradation requirements specified. The asphaltic material shall form from 4% to 9% of the mixture by weight. The design percent asphalt shall be determined in accordance with Test Method Tex - 126 -E or Test Method Tex -204-F and procedures outlined in the TxDOT Bulletin C-14. The percent of asphalt in the mix shall be determined by ASTM D-2172, ASTM D-4125, Tex -210-F or Tex -126-F. 2. Tack Coat Asphaltic materials shall meet the requirements of the TxDOT Item 300, as approved by the Engineer. The Engineer will designate. the asphalt content to be used in the mixture after design tests have been made with the aggregate to be used in the project. When tested as determined by the Engineer, samples of the mixture shall not vary from the asphalt content designated by the Engineer by more than 0.2 percent dry weight (based on total mixture). Asphaltic concrete pavement and asphaltic stabilized base shall be machine laid. 7, M-9 'EQUIPMENT - MIXING PLANTS BLACK BASE AND HOT -MIX All equipment for the handling of all materials ;and mixing and placing of the mixture shall be maintained in good repair and operating. condition and subject to approval of the Engineer. Any equipment found to be defective and affecting the quality of the mixture will be replaced. Mixing plants may be the weigh -batch type or the, continuous mixing type or the drum mix type. All types of plants shall " be equipped with satisfactory -conveyors, power units, aggregate handling equipment, bins and dust collectors and shall consist of the following essential pieces of equipment. - When requested by the Engineer, weigh -batch. and continuous types of mixing plants shall be equipped with automatic proportioning devices in accordance with TxDOT Item 520. If automatic recording devices are required by the plans, they shall be in accordance with the TxDOT Item 520. A. Weigh -Batch .1. Cold Aggregate 'Rin Unit and Proportioning Device - The number of bins in the cold aggregate bin unit shall be equal to or greater than the number of stockpiles of individual materials to be used. The bins shall be of sufficient size to store the amount of aggregate required to keep the plant in continuous operation and of proper design to prevent overflow of material from one bin to another. The proportioning device shall be such as will provide a uniform and continuous flow of aggregate in the desired proportion to the dryer. Each aggregate shall be proportioned from a separate bin. 2. Dryer The dryer shall be the type that continually agitates the aggregate during heating and in which the temperature can be so controlled that the aggregate will not -be injured in the necessary drying and heating operations required to obtain a mixture of the specified temperature. The burner, or combination of burners, and type of fuel used shall be such that in the process ofheating the aggregate to the desired or specified temperature, no residue from the fuel shall adhere to the heated aggregate. A recording thermometer shall be provided which will record the temperature of the aggregate prior to the mixing operation. The dryer shall be of sufficient size to keep the plant in continuous operation. M-10 The screening capacity and size of the hot aggregate bins shall be sufficient to screen and store the amount of aggregate required to properly operate the plant and to keep the plant in continuous operation at full capacity. The hot bins shall be constructed so that oversize and overloaded material will be discarded through overflow chutes. Provisions shall be made to enable inspection forces to have easy and safe access to the proper location on the mixing plant where representative samples may be taken from the hot bins for testing. The plant shall be equipped with at least three hot bins. The aggregate shall be separated into the number of bins indicated on the plans or as directed by the Engineer. The aggregate weigh box and batching scales shall be of sufficient capacity to hold and weigh a complete batch of aggregate. The weigh box and scales shall conform to the requirements of TxDOT Item 520. The asphaltic material bucket and scales shall be of sufficient capacity to hold and weigh the necessary asphaltic material for one batch. If the material is measured by weight, the bucket and scales shall conform to the requirements of the TxDOT Item 520. If a pressure type flow meter is used to measure the asphaltic material, the requirements of TxDOT Item 520 shall apply. This system shall include an automatic compensation device to insure a constant percent, by weight, of asphaltic material in the mixture. 6. Mixer 3 . S r� ng and Proport i oni ncx The screening capacity and size of the hot aggregate bins shall be sufficient to screen and store the amount of aggregate required to properly operate the plant and to keep the plant in continuous operation at full capacity. The hot bins shall be constructed so that oversize and overloaded material will be discarded through overflow chutes. Provisions shall be made to enable inspection forces to have easy and safe access to the proper location on the mixing plant where representative samples may be taken from the hot bins for testing. The plant shall be equipped with at least three hot bins. The aggregate shall be separated into the number of bins indicated on the plans or as directed by the Engineer. The aggregate weigh box and batching scales shall be of sufficient capacity to hold and weigh a complete batch of aggregate. The weigh box and scales shall conform to the requirements of TxDOT Item 520. The asphaltic material bucket and scales shall be of sufficient capacity to hold and weigh the necessary asphaltic material for one batch. If the material is measured by weight, the bucket and scales shall conform to the requirements of the TxDOT Item 520. If a pressure type flow meter is used to measure the asphaltic material, the requirements of TxDOT Item 520 shall apply. This system shall include an automatic compensation device to insure a constant percent, by weight, of asphaltic material in the mixture. 6. Mixer The mixer shall be of the pugmill type and shall have a capacity of not less than 3,000 pounds (of natural aggregate mixture) in a single batch, unless otherwise shown on the plans. The number and position of blades i shall provide a uniform mix. The mixer shall be equipped with an approved spray bar that will distribute the asphaltic material quickly and uniformly throughout the mixer. Any mixer that has a tendency to segregate the aggregate or fails to secure a thorough and uniform mixture with the asphaltic material shall not be used. ?~' This shall be determined by mixing the standard batch for the required time, then dumping the mixture, taking samples from its different parts and testing by Test Method Tex -210-F to show that the batch is uniform k•. throughout. All mixers shall be provided with an r M-11 automatic timer that will lock the discharge doors of the mixer for the required mixing period. The dump door or .doors and the shaft seals of the mixer shall be tight enough to prevent spilling_ of aggregate or mixture from the mixer. 7. Surge -Storage System A surge -storage system may be used. It shall be adequate to minimize production interruptions during_ the normal day's operation. A device such as a gob hopper.or other similar devices approved by the Engineer to prevent segregation in the surge -storage bin will be required. If the Contractor elects to use a surge -storage system, scales conforming to the requirements outlined herein will be required. 8. Scales Scales may be standard platform truck scales or other equipment such as weigh hopper (suspended) scales approved by the Engineer. All scales shall conform to the TxDOT Item 520. If truck scales are used, they shall be placed at a location approved by the Engineer. If other weighing equipment is used, the Engineer may require weight checks by truck scales for the basis of approval of the equipment. B. Continuous Mixina Tvpe I. Cold Aggregate Bin Unit and Proportioning ng Device Same as for weigh -batch type of plant. 2. Dryer Same as for weigh -batch type of plant. 3. Screening and Proportioning Same as for weigh -batch type of plant. 4. Hot Aggregate Bin The hot bins shall be and overloaded material overflow chute. Hot deficient in material automatically stops adjustments are made. so 'constructed that- oversize will be discarded through an aggregate bins that become shall activate a switch that the plant until proper M-12 5. Hot Aggregate Proportioning Device The hot aggregate proportioning device shall be so designed that when properly operated, a uniform and l continuous flow of aggregate into the mixer will be maintained. I 6. Asphaltic Material Spray Bar ro The asphaltic material spray bar shall be so designed that the asphalt will spray uniformly and continuously into the mixer. .. u17M M u - - An asphaltic material recording meter meeting the requirements of the TxDOT Item 520, shall be placed in the asphalt line leading to the spray bar so that the cumulative amount of asphalt used can be accurately determined. Provisions of a permanent nature shall be made for checking the accuracy of the meter output. The asphalt meter and line to the meter shall be protected with a jacket of hot oil or other approved means to maintain the temperature of the line and meter at or near that temperature specified for the asphaltic material. Unless otherwise shown on the plans, the temperature of the asphaltic material entering the recording meter shall be maintained at f10°F of the temperature at which the asphalt metering pump was calibrated and set. Inability to maintain this tolerance in temperature shall result in an adjustment of the pay quantity for the asphaltic material. If a pressure type flow meter is used to measure the asphaltic material, the requirements of the TxDOT Item 520, shall apply. 8. Mixer The mixer shall be of the pugmill continuous type and shall have a capacity of not less than 40 tons of mixture per hour. Any mixer that has a tendency to segregate the aggregate or fails to secure a thorough and uniform mixing of the aggregate with the asphaltic material shall not be used. The dam gate at the discharge end of the pugmixer and/or pitch of the mixing paddles shall be so adjusted to maintain a level of mixture in the pugmixer between the shaft and the lower paddle tip (except at the discharge end). 7 M-13 • - • • -M VT - 11 A surge -storage system may be used. It shall be adequate to minimize production interruption. during the normal day's operation. A device such as a gob hopper or other similar devices approved by the Engineer to prevent segregation in the surge -storage bin will be required. If the Contractor elects to use a surge storage system, scales conforming to the requirements outlined herein will be required. 10. Scales Scales may be standard platform truck scales or other equipment such as weigh hopper (suspended)scales approved by the Engineer. All scales shall conform to the TxDOT Item 520. If truck scales are used, they shall be placed at a location approved by the Engineer: If other weighing equipment is used, the Engineer may require weight checks by truck scales .for the basis of approval of the equipment. C: Drum Mix Plant Unless otherwise shown on the plans, the Contractor may, at his option elect to use the drum mixing process in the -- mixing of asphalt stabilized base material. The plant shall be adequately designed and constructed for the process of mixing aggregates and asphalt in the dryer -drum without preheating the aggregates. The plant shall be equipped with satisfactory conveyors, power units, aggregate handling equipment and feed controls and shall consist of the following essential pieces of equipment. 1 The number of bins in the cold aggregate bin unit shall be equal to or greater than the number of stockpiles of individual materials to be used. The bins shall be of sufficient size to store the amount of aggregate required to keep the plant in continuous operation and of proper design to prevent overflow of material from one bin to another. The feed system shall provide a uniform and continuous flow of aggregate in the desired proportion to the mixer. Each aggregate shall be proportioned in a separate bin with total and proportional control. The system shall provide positive weight measurement of the combined cold -aggregate feed by use of belt scales or other approved devices. Provisions of a permanent nature shall be made for checking the accuracy of the measuring M-14 7, device as required by the TxDOT Item 520. When a belt scale is used, mixture production shall be maintained so that the scale normally operates between 50 percent and C 100 percent of its rated capacity. Belt scale operation below 50 percent of the rated capacity may be allowed by the Engineer if accuracy checks show the scale to meet the requirements of the TxDOT Item 520, at the selected rate and it can be satisfactorily demonstrated to the Engineer that mixture uniformity and quality have not been adversely affected. 5. Drum Mix r - The drum mixing system shall be of the type- that continually agitates the aggregate and asphalt mixture M-15 2.Scalp;ng Screen R A scalping screen shall be required, unless otherwise shown on the plans, and shall be located ahead of any weighing device. 3. Asphaltic Material Measuring System An asphaltic material measuring device meeting the requirements of the TxDOT Item 520, shall be placed in the asphalt line leading to the dryer -drum mixer so that the cumulative amount of asphalt used can be accurately determined. Provisions of a permanent nature shall be made for checking the accuracy of the measuring device output. The asphalt measuring device and line to the measuring device shall be protected with a jacket of hot oil or other approved means to maintain the temperature of the line and measuring device near that temperature specified for the asphaltic material. The measuring system shall include an automatic temperature ■» compensation device to maintain a constant percent, by weight, of asphaltic material in the mixture. Unless otherwise shown on the plans, the temperature of the ., asphaltic material entering the measuring device shall be maintained at t100F of the temperature at which the asphalt measuring device was calibrated and set. r� If a pressure type flow meter is used to measure the ' asphaltic material, the requirements of the TxDOT Item 520, shall apply. i Synchronization Equipment for Feed -Control System 4 , c+ itCi'irviii�ca�.ivii The asphaltic material feed -control shall be coupled with the total aggregate weight measurement device in such manner as to automatically vary the asphalt -feed as '� required to maintain the required proportion. 5. Drum Mix r - The drum mixing system shall be of the type- that continually agitates the aggregate and asphalt mixture M-15 E. during heating. The temperature shall be so controlled that the aggregate and asphalt will not be damaged in the necessary drying and heating operations required to obtain a mixture of the specified temperature. A continuously recording thermometer shall be provided which will indicate the temperature of the mixture as it leaves the drum mixer. 6. Surge -Storage System A surge -storage system will be required. It shall be adequate to minimize the production interruptions during the normal day's operations and shall be so constructed to minimize segregation. A device such as a gob hopper or other similar device approved by the Engineer to prevent segregation in the surge -storage bin will be required. 7. Scales Scales may be standard platform truck scales, belt scales or .other equipment such as weigh hopper (suspended) _ scales approved by the Engineer. All scales shall conform to the TxDOT Item 520. If truck scales are used, they shall be placed at a location approved by the Engineer. If ,other weighing equipment is used, the Engineer may require weight checks by truck scales for the basis of approval of the equipment. Asphaltic material heating equipment shall be .adequate to _- heat the amount of asphaltic material required to the desired temperature. Asphaltic material may be heated by steam coils which shall be absolutely tight. Direct fire heating of asphaltic materials will be permitted, provided the heater used maintains a positive circulation of the asphalt throughout the heater without damage to the asphalt. Agitation with. steam or air will not be permitted. The heating apparatus shall be equipped with a continuously _ recording thermometer with a 24-hour chart that will record the temperatures of the asphaltic material at the highest temperature. -The spreading and finishing machine shall be of a type approved by the Engineer, shall be capable of producing a -- surface that will meet the requirements of the typical cross. section and the surface test, when required, and when the mixture is dumped directly into the finishing machine shall have adequate power to propel the delivery vehicles in a satisfactory manner. The finishing machine shall be M-16 equipped with a flexible spring and/or hydraulic type hitch sufficient in design and capability to maintain contact between the rear wheels of the hauling equipment and the 1 pusher rollers of the finishing machine while the mixture is 1 being unloaded. The use of any vehicle which requires dumping directly into the finishing machine and which the finishing machine cannot push or propel in such a manner as to obtain the desired lines and grades without resorting to hand finishing will not be allowed. Vehicles dumping directly or indirectly into the finishing machine shall be so designed and equipped that unloading into the finishing machine can be mechanically and/or automatically operated in such a manner that overloading the finishing machine being used cannot occur and the required lines and grades will be obtained without resorting to hand finishing. It shall be the responsibility of the Contractor to have rolling equipment available on the job to properly compact the paving mixture in place as required without delay to the laydown operation. Rollers provided shall meet the qualifications for their type as follows: 1. pneumatic Tire Rollers (Required on all Black Base and Hot Mix Surfacing) The rollers shall be acceptable medium pneumatic tire rollers conforming to the requirements of the TxDOT Item 213, Type B, unless otherwise specified on the plans. 2. Two Axle Tandem Roller (Required on All Hot Mix ., Surfacing) j"a M-17 Unless otherwise shown on the plans, dumping of the asphaltic mixture in a windrow and then placing the mixture in the finishing machine with loading equipment will be permitted provided that the loading equipment is constructed ` and operated in such manner that substantially all of the mixture deposited on the roadbed is picked up and loaded in the finishing machine without contamination by foreign material of the mixture and excessive temperature loss is F not encountered. The loading equipment will be so designed and operated that the finishing machine being loaded will obtain the required line, grade and surface without resorting to hand finishing. Any operation of the loading equipment resulting in the accumulation and subsequent shedding of this accumulated material into the asphaltic mixture will not be permitted. It shall be the responsibility of the Contractor to have rolling equipment available on the job to properly compact the paving mixture in place as required without delay to the laydown operation. Rollers provided shall meet the qualifications for their type as follows: 1. pneumatic Tire Rollers (Required on all Black Base and Hot Mix Surfacing) The rollers shall be acceptable medium pneumatic tire rollers conforming to the requirements of the TxDOT Item 213, Type B, unless otherwise specified on the plans. 2. Two Axle Tandem Roller (Required on All Hot Mix ., Surfacing) j"a M-17 This roller shall be an acceptable power -driven _tandem roller weighing not less than 8 tons. 3. Three Wheel Roller (Required on All Black Base and Hot Mix Surfacing) This roller shall be an acceptable power -driven, three wheel roller weighing not less than 10 tons. 4. Three Axle Tandem Roller This roller shall be an acceptable power -driven three axle roller weighing not less than 10 tons. 5. Trench Roller This roller shall be an acceptable power -driven trench roller equipped with sprinkler for keeping the wheels wet and an adjustable road wheel so that the roller may be kept level during rolling,. The drive wheel shall be not less than 20 inches wide. The roller under working conditions shall produce not less than 325 pounds per linear inch of roller width and be so geared that a speed of 1.8 miles per hour is obtained in low gear. 6. VibratorySteel-Wheel Roller (Required on all Black Base) This roller shall have a minimum weight of 6 tons. The .compactor shall be equipped with amplitude and frequency controls and specifically designed to compact the material on which it is used, and shall be operated in accordance with the manufacturer's recommendations or as directed by the Engineer. 7.Straightedges and Templates When directed by the Engineer, the Contractor shall provide acceptable 10 -foot 'straightedges for surface testing. Satisfactory templates shall be provided' as .required by the Engineer. [�_�%W4-4-9T;1Ki=15FRURTZI When permitted by the Engineer in writing, equipment other than that specified which will consistently produce satisfactory results may be used. 9. Inspection It will be the Contractor's responsibility to provide safe and accurate means to enable inspection forces to take all required samples, and to provide permanent means for checking the output of any specified metering device M-18 i and to perform the calibration checks as required by the Engineer. G.Stoc1tpiling, Storage Proportioning And Mixing + 1. stockpiling of Aggregates Prior to mixing operations with asphaltic material, processed mineral aggregate shall be stockpiled on an area previously cleared of trash, weeds and grass and shall be smoothed and well drained as directed by the Engineer. The aggregate stockpiles shall be not less than 10 feet in height and constructed in layers not exceeding 18 inches in depth or as directed by the Engineer. The plant shall have and maintain at least a two-day supply of aggregates on hand at all times, unless otherwise directed by the Engineer. Material shall be stockpiled in such a manner as to prevent segregation of aggregate and mixing of aggregates from stockpiles and/or other sources and will not allow contamination with foreign material. More than one stockpile will be permitted unless otherwise shown on plans. The gradation requirements for the individual stockpiles and proportioning from these stockpiles will be the Contractor's responsibility as approved by the Engineer. The asphaltic material storage shall requirements of the plant. Asphalt to a temperature in excess of that Item 300. All equipment used in the of asphaltic material shall be kept at all times and shall be operated there will not be contamination with be ample to meet the shall not be heated specified in TxDOT storage and handling in a clean condition in such manner that foreign matter. The feeding of various sizes of aggregate to the dryer shall be done through the cold aggregate bins and the proportioning device in such a manner that a uniform and constant flow of materials in the required proportions will be maintained. The aggregate shall be dried and heated to the temperature necessary to produce a mixture having the specified temperature. In no case shall the aggregate be introduced into the mixture unit at a temperature more than 400° F. 4. Proportioning The proportioning of the various materials entering the asphaltic mixture shall be the responsibility of the Contractor as approved by the Engineer and in accordance M-19 with these specifications. The- asphaltic material and aggregates may be proportioned by weight or by volume based on weight using the specified equipment. 5. Mixing (a) (b) In the charging of the weigh box and in the charging of the mixer from theweigh box such methods or — devices shall be used as are necessary to secure a uniform asphalt mixture. In introducing the batch pinto the mixer, lall mineral aggregate shall be introduced first and shall be mixed thoroughly for a period of 5 to 20 seconds, or as directed, to uniformly distribute the various sizes throughout the batch before the asphaltic material is added. The asphaltic material shall then be added and the mixing continued for a total mixing period of not less than _ 30 seconds. This mixing period may be increased, if in the opinion of the Engineer, the mixture is not uniform or the aggregate is -not properly coated. The differential in temperature of the aggregates and the asphalt as they enter the pugmixer shall not exceed 25° F. Temporary storing or holding of the asphaltic mixture by the surge -storage system may be used during the normal days operation. Overnight -- storage will not be permitted unless authorized in the plans or in writing by the Engineer. The mixture coming out of the surge storage bin must be of equal quality to that coming out of the mixer. The amount of aggregate and asphaltic material entering the mixer and the rate of travel through the mixer shall be so coordinated that a uniform mixture of the specified grading and asphalt content will be produced. The differential in temperature of the aggregates and the asphalt as _ they enter the pugmixer shall not exceed 250 F. Checks on asphalt used shall be made at' least twice daily comparing the asphalt used in ten loads of completed mix as shown on the asphalt recording meter and the design amount for these ten loads. — The acceptable percent of variation between the asphalt used and the design amount will be as shown on the plans or as determined by the Engineer.- — M-20 i Temporary storing or holding of the asphaltic mixture by the surge -storage system may be used during the normal day's operation. Overnight rstorage will not be permitted unless authorized in the plans or in writing by the Engineer. The mixture coming out of the surge -storage bin must be t" of equal quality to that coming out of the mixer. (c) nr,lm-mix Plant The amount of aggregate and asphaltic material entering the mixer and the rate of travel through the mixing unit shall be so coordinated that a uniform mixture of the specified grading and asphalt content will be produced. Temporary storing or holding of the asphaltic mixture by the surge -storage system will be required during the normal day's operation. Overnight storage will not be permitted unless authorized in the plans or in writing by the Engineer. The mixture coming out of the surge storage -bin must be of equal quality to that coming out of the mixer. The mixture, when discharged from the plant, shall have a moisture content not greater than 1 percent by weight unless otherwise shown on the plans and/or specified by the _Engineer. The moisture content shall be determined in accordance with Test Method -Tex -212-F, part II. The mixture produced from each type of mixer shall not vary from the specified mixture by more than the tolerances herein specified. The asphaltic mixture from each type of mixer shall be at a temperature between 300° F and 350° F when discharged from the mixer. The Engineer will approve the temperature within the above limitations, and the mixture when discharged from the mixer shall not vary from this selected temperature more than 25° F. but in no case shall the temperature exceed 360° F. j 1. TemeratLi"e Requirements .• a. HMAC - November 1 until April 1 (1) The asphaltic mixture shall not be placed when the 1.. air temperature is below 55° F and falling. t i, M-21 (2) The asphaltic mixture may be placed when the air temperature is above 50° F and rising. b. HMAC -. April 1 until November 1 (1) The asphaltic mixture shall not be placed when the air temperature is below 50° F and falling. — (2) The asphaltic mixture may be placed when the air temperature is above 45° F and rising. c. .Asphalt Stabilized Base (1) The asphaltic mixture shall not be„placed when the air temperature is below 45° F and falling. (2) The asphaltic mixture. may be placed when the air temperature is above 40° F and rising. The Engineer may use his discretion to require a cover over - the asphaltic mixture when being hauled from the plant to the job site. The air temperature shall be taken in the shade away from artificial heat or as reported by the -- National Weather Service on their hourly report (Telephone No. 762-0141). It is further provided that the prime coat, tack coat or asphalt stabilized base shall be placed only when the general weather conditions and temperature and moisture conditions of the subbase or subgrade, in the opinion of the Engineer, are suitable. If, after being discharged from the mixer and prior to placing, the temperature of the asphaltic mixture is 25° F or more below the temperature approved by the Engineer, all ' or any part of the load may be rejected and payment will not be made for the rejected material. The prime coat shall consist of an application of 0.25 -- gallons per square yard of MC asphalt. The asphalt stabilized base shall not be applied on a previously primed course until the prime coat has completely cured to the satisfaction of the Engineer. 2. Tack Coat Before the asphaltic mixture is laid, the surface upon which the tack coat is to be placed shall be cleaned _ thoroughly to the satisfaction of the Engineer. The surface shall be given a uniform application of tack coat using asphaltic. materials of this specification. This tack coat shall be applied, as directed by the Engineer, —. with an approved sprayer at a rate not to exceed 0.10 M-22 gallon per square yard of surface. Where the mixture will adhere to the surface on which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Engineer. All contact surfaces of curbs and structures and all joints shall be painted with a thin uniform coat of the asphaltic material meeting the requirements for tack coat. During the application of l tack coat, care shall be taken to prevent splattering of adjacent pavement, curb & gutter and structures. The tack coat shall be rolled with a pneumatic tire roller when directed by the Engineer. oTala-340 4 O• The asphaltic mixture, prepared as specified above shall be hauled to the work in tight vehicles previously cleaned of all foreign material. The dispatching of the vehicles shall be arranged so that all material delivered may be placed, and all rolling shall be completed during daylight hours. The inside of the truck body may be given a light coat of oil, lime slurry or other material satisfactory to the Engineer, if necessary, to prevent mixture from adhering to the body. In cool weather or for long hauls, canvas covers and insulating of truck bodies may be required. Vehicles of the semi -trailer type are prohibited. Generally, the asphaltic mixture shall be dumped and spread on the approved prepared surface with the specified spreading and finishing machine. When properly compacted, the finished course will be smooth, of uniform density, and will conform with the typical sections shown on the plans and to the lines and grades established by the Engineer.- During the application of asphaltic material, care shall be taken to prevent splattering of adjacent pavement, curb and gutter and structures. w The mixture shall be spread and compacted in layers or lifts as specified on the plans or as directed by the Engineer. The sequence of compacting shall be such that undue displacement of the edge of the course does not occur. On deep lifts, the edge of the course may be rolled with a motor grader wheel or similar equipment or supported by blading a roll of earth against the edge of the course prior to compacting the surface. When the asphaltic mixture is placed in a narrow strip along the edge of an existing pavement, or used to level ,.. up small areas of an existing pavement or placed in small irregular areas where the use of a finishing machine is not practical, the finishing machine may be eliminated M-23 when authorized by the Engineer, provided. a, satisfactory surface can be obtained by other approved methods. I. Compaction 1. As directed by the Engineer, the asphalt stabilized base shall be compacted thoroughly and uniformly with the specified rollers. In lieu of the rolling equipment specified, the Contractor may, upon written permission from the Engineer, operate other compacting equipment that will produce equivalent relative compaction as the specified equipment. If the substituted compaction equipment fails to produce the desired compaction as would be expected of the specified equipment, as determined by the Engineer, its use shall be discontinued. When directed by the Engineer, the initial compaction shall be accomplished with pneumatic tire rollers. 2. When rolling with the three wheel, tandem, or vibratory rollers, rolling 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 wheel unless otherwise directed by the Engineer. 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 unless otherwise directed by the Engineer. When rolling with vibratory steel wheel rollers, the manufacturer's recommendation shall be followed unless directed -otherwise by the Engineer. Rolling with pneumatic -tire roller shall be done as directed by the Engineer. Rolling shall be continued until no further increase in density can be obtained and all roller marks are eliminated. The motion of the roller shall be slow enough at all times to avoid displacement of the mixture. If any displacement occurs, it shall be corrected at once by the use of a rake, and of fresh mixtures where required. The roller shall not be allowed to stand on any portion of the pavement mixture which has not been fully compacted. To prevent adhesion of the mixture to the roller, the wheels shall be kept thoroughly moistened with water, but an excess of water will not be permitted. All rollers must be in good mechanical condition. Necessary precautions shall be taken to prevent the dropping of diesel, gasoline, oil, grease or other foreign matter on the roadway, either when the rollers are in operation or when standing. 3. Hand Ta ina The edges of the pavement along curbs, headers and similar structures, and all places not accessible to M-24 r r the roller, or in thorough compaction thoroughly compacted such positions as will not allow with the rollers, shall be with lightly oiled tamps. The compacted material shall conform to the typical cross sections, lines and grades as shown on plans and directed by the Engineer and shall have a smooth surface with a reasonably uniform texture acceptable to the Engineer. Unacceptable finished surfaces may be corrected by the placement of additional mixture, all at the expense of the Contractor. The completed asphalt stabilized base course shall be opened to traffic as provided by the plans and as directed by the Engineer. All construction traffic allowed on the base course shall comply with the State laws governing traffic on highways unless otherwise authorized by the Engineer. When another roadway surface is provided for the traveling public and construction traffic through the project, the Engineer may prohibit traffic on the completed base course. L. Surface Density Test City personnel will provide density test and results throughout the construction process at no cost to the Contractor. Samples of the, completed pavement shall be removed from locations designated by the Engineer to enable him to determine the composition, compaction, and density of the pavement. Samples for each day or fraction thereof shall be taken by City personnel. The Contractor shall replace the pavement removed from core holes at no cost to the City. If the pavement is deficient in composition, compaction, or thickness, satisfactory correction shall be made as directed by the Engineer. 9. ASPHALTS Asphalts for use on this project shall comply with TxDOT Item 300. A. Latex Additive. Latex additive shall be an emulsion of styrene -butadiene low-temperature copolymer in water. The emulsion shall have good storage stability and possess the following properties. M-25 Monomer Ratio of Latex - 73 ± 5 butadiene to styrene 27 ± 5 Minimum Solids Content, - 45 percent by weight Viscosity of Emulsion at - 2000 77 ± 1 F, cps, max (No.3 spindle, 20 RPM, - Brookfield RVT Viscometer) The manufacturer shall furnish the actual styrene -butadiene rubber (SBR) content for each batch of latex emulsion. This information shall accompany all shipments to facilitate proper addition rates. B. Latex Modified Asphalt Cement. This material shall consist of AC710 asphalt cement in accordance with Subarticle 300.2.(1) to which has been added a styrene -butadiene rubber latex. The amount shown is based on latex solids in the finished asphalt cement -latex additive blend. Possible combinations and their intended uses are as follows: Material Use AC -5 + 2% latex solids Seal coats and surface treatments AC -10 + 2% latex solids Seal coats and surface treatments or asphaltic concrete AC -10 + 3% latex solids Asphaltic Concrete The finished asphalt cement -latex additive blend- shall be smooth, homogeneous, and comply with the- following requirements. - Property AC -5 + 0 Latex AC -10 + 0 Latex AC -10 + ex Minimum SBR Content, percent by 2.0 2.0 3.0 wt. solids (IR determination)* Penetration, 100g,'5 sec,77°F min 120 80 75 Viscosity,140°F, poises, minimum 700 1300 1600 Viscosity,275°F, poises, maximum 7.0 8.0 12.0 Ductility, 39.2°F, 1 cm/min, cm, - - 100 minimum Ductility, 39.2°F, 5 cm/min, cm, 70 60 - M-26 t" 1. (Separation of Polymer, 3250F** None I None * The asphalt supplier shall furnish the City of Lubbock testing laboratory samples of the base asphalt and latex emulsion used in making the finished product. ** A 350 gram sample of the asphalt cement -latex additive blend is stored for 48 hours at 325°F. Upon completion of the storage time the sample is visually examined for separation of rubber from the asphalt (smoothness and homogeneity). If a question still exists about the separation of rubber a sample will be taken from the top and bottom for Infrared Spectroscopy analysis to determine actual rubber contents. A difference of 0.4% or more between the top and bottom concentration levels constitutes separation. When the latex modified asphalt is to be used in asphaltic concrete and the latex additive is introduced separately at the mix plant, either by injection into the asphalt line or into the mixer, the compatibility and stability of the asphalt cement -latex additive combination shall be determined by preparing a laboratory blend and storing it for five hours at 325°F. Upon completion of storage time, the sample shall be examined as indicated above. Article 300.3. Storage Heating and Application Temperatures. Table of application and mixing is supplemented by the following: Heating and Recommended Maximum Storage Type -Grade anae . �E Allowable . 2F Maximum. 4E All AC -latex blends 300-375 390 390*** ra E *** Maximum temperature for storage by the asphalt supplier or ` the Contractor shall be 375°F. On AC -5 and AC -10 + 2t SBR designated for seal coat or surface treatment work, the temperature may be increased to a maximum of 390°F by the supplier loading through an in-line heater, or with the Engineer's permission, these materials may be heated to a maximum of 390°F by the Contractor just prior to application. r� 10. HO's' MIX ASPHALTIC CONCRETE SURFACE L: A.Aaaregate The mineral aggregate shall be composed of coarse aggregate, a fine aggregate, and if required, a mineral filler. Samples of coarse aggregate, fine aggregate and mineral �- filler shall be submitted to the City of Lubbock Testing Laboratory for testing and approval by the Engineer. M-27 Approval of other material and of the source of supply must be obtained from the Engineer prior to delivery. 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 valueof not less than 45, unless otherwise shown on the plans when -' tested in accordance with Tex -203-F or ASTM D-2419. The percent of flat or elongated slivers of stone for any -- course shall not exceed 25s, when tested in accordance with Tex -224-F. All crushed stone shall have a maximum of thirty percent (30%) loss when tested by the five (5) cycle �- magnesium sulfate soundness test ASTM C-88 as performed by the City of Lubbock Materials Testing Laboratory. Aggregate that appears susceptible to film stripping when tested in accordance with ASTM D-1075, minimum 7011 index of retained strength and tested in accordance with AASHTO T- _ 283, minimum 70% tensile strength ratio, shall be rejected or conditioned with an anti -stripping agent as approved by the.Engineer. Prior to stockpiling of aggregates the area shall be cleaned ,of trash, weeds and _ grass and be relatively smooth. Aggregates shall be separated into stockpiles of different gradation, such as a large coarse aggregate, and a small coarse aggregate stockpile such that the grading requirements of the specified type will be met when the -- piles are combined in the asphaltic mixture. No coarse aggregate stockpile shall contain more than 10 percent by weight of materials that will pass a No. 10 sieve except as noted on the plans or provided for by special provision. Fine aggregate stockpiles may contain small coarse aggregate in the amount of up to 15 percent by weight (100 percent of which shall pass a 1/4 inch sieve). However, the coarse aggregate shall meet the quality tests specified herein for "Coarse Aggregates". Suitable equipment of acceptable size shall be furnished by the Contractor to work the stockpiles and prevent segregation of the aggregates. If the Contractor utilizes an asphalt continuous mix plant, the various aggregate stockpiles of different gradation will be stockpiled in the same manner as described for stockpiling of aggregate for asphalt stabilized base. That is, the stockpiling of the aggregate shall be made up of layers of material not to exceed two feet in height of each layer.- The edge of each succeeding layer shall extend inward so as not to overlap the edge of the layer below. In loading from the stockpile, the material shall be loaded by making successive vertical cuts through the entire depth of the stockpile. M=28 The coarse aggregate shall be that part of the aggregate retained on a No. 10 sieve; shall consist of clean, tough, durable fragments of crushed stone of uniform quality throughout; mixing or combining crushed gravel and crushed stone will not be permitted. The aggregate shall be crushed to the extent that produces a minimum of 85% crushed faces when tested in accordance with Test Method Tex -460-A (Part V. When coarse aggregate is tested in accordance with Test Method Tex -217-F, the amount of organic matter, clays, loams or particles coated therewith or other undesirable materials shown on the plans shall not exceed 2 percent. When it is specified that the coarse aggregate be sampled during delivery to the plant, from the stockpile, or from the cold bin, the material removed when tested in accordance with Test Method Tex -217-F (Part II, Decantation), shall not exceed 2 percent. The plasticity index of that part of the fine aggregate contained in the coarse aggregate passing the No. 40 sieve shall not be more than 6 when tested by ASTM D-4318. However, where the coarse aggregate contains less than 5k of fine aggregate and the fine aggregate is of the same or similar material as the coarse aggregate, the P.I. requirements for the material passing the No. 40 sieve may be waived by the Engineer in writing. When it is specified that the coarse aggregate be sampled from the hot bins and tested in accordance with Test Method Tex -217-F (Part II Decantation), the amount of material removed shall not exceed 1 percent. Tests performed as specified herein represent material processed or placed until a subsequent test is performed. The coarse aggregate shall have an abrasion of not more than 40 percent loss by weight when subjected to the Los Angeles Abrasion Test, ASTM C-131. Coarse aggregate from each source shall meet the abrasion requirements specified. 2. Fine Aggregate ,. The fine aggregate shall be that part of the aggregate passing the No. 10 sieve and shall consist of sand or screenings or a combination of sand and screenings. The plasticity index of that part of the sand passing the No.40 sieve shall not be more than 6 when tested in M-29 4 accordance with ASTM D-4318. The -plasticity index of that part of the screenings passing the No. 40 sieve shall not be more than 9, unless otherwise shown on plans, when tested by ASTM D-4318. Fine aggregate from each source shall meet plasticity requirements. 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. The mineral filler shall consist of thoroughly dry stone dust, slate, dust, portland cement or other mineral dust approved by the Engineer. The mineral filler shall be free from foreign and other injurious matter. When tested by ASTM D-242 grading requirements: Passing a No. 30 sieve Passing a No. 80 sieve it shall meet the following By Weight 100 95 to 100 Passing a No. 200 sieve 70 to 100 B.Asphaltic Material 1. Asphalt for Paving Mixtures Asphalt for the paving mixtures shall be of the types of oil asphalt as determined by the Engineer. The grade of asphalt used shall be as designated by the Engineer after design tests have been made using the mineral aggregates that are to be used in the' project. If more than one type of asphaltic concrete mixture is specified for the project, only one grade of asphalt will be required for all types of mixtures, unless otherwise shown on plans. The Contractor shall notify the Engineer of the source of his asphaltic material prior to production of the asphaltic mixture and this source shall not be changed during the course of the project except by written permission of the Engineer. 2. Hydrated Lime Hydrated lime shall be added to the Asphalt mixture, as per TxDot Item 264, as an additive to improve the quality of the mixture. M-30 Description. This item establishes the requirements for hydrated lime, quicklime and commercial lime slurry of the type and grade considered suitable for use in the treatment of natural or processed materials or mixtures for subgrade, subbase and base construction. CAUTION: Use of quicklime can be dangerous. Users should become informed of the recommended precautions in the handling, storage and use of quicklime. lynes. The various types and grades of lime and lime slurry are defined and identified as follows: a. Type A. Hydrated Lime, a dry powdered material consisting essentially of calcium hydroxide. b. Type A. Commercial Lime Slurry, a liquid mixture of essentially hydrated lime solids and water in slurry form. C. Tie C. Quicklime, a dry material consisting essentially of calcium oxide. It shall be furnished in either of two grades which differ in sizing. Grade DS, "pebble" quicklime of a gradation suitable for either "Dry Placing" or for use in the preparation of a slurry for "Wet Placing". Grade S, finely graded quicklime for use in the preparation of a slurry for wet placing. (Note: Due to the possibility of appreciable amounts of finely divided, powdered quicklime being present in this product, the use of Type C, Grade S Quicklime is restricted to "Slurry Placing" only. It is considered to be unsuitable for "Dry Placing".) Lime for stabilization purposes shall be applied as provided for in the governing specifications, as a dry material or as a mixture of lime solids and water in the form of lime slurry. For dry application, Type A, Hydrated Lime or Type C, Quicklime of Grade DS only may be used where specifications permit. ` For wet application, lime slurry may be delivered to the job site as Type B, Commercial Lime Slurry or a lime slurry may be prepared at the job site by using Type A Hydrated Lime or Type C Quicklime as specified. The lime and lime slurry being furnished under the terms of this specification shall, in addition to all other M-31 requirements, also meet the following chemical and physical requirements. a. Chemical Composition: TYPE A B_ —C — Total "active" lime content, % by weight------------ -- 90.0 min' 87.0 min' (i.e., % by wt Ca(OH)Z + % by wt CaO, if present) Unhydrated lime content, % by wt CaO--------------- 5.0 max 87.0 min "Free Water" content, by wt H2O--------------- 5.0 max - - b. Physical (1)Wet sieve requirement, as – % by wt residue: Retained on No. 6 (3360 micron) _ sieve: --------------- 0.2 max 0.2 max' 8.0 maxi Retained on No. 30 (590 micron) sieve:----------------- 4.0 max 4.0 max' - (2)Dry sieve requirement, as by wt residue: Retained on a 1 -inch (25 mm) sieve: -------------- -- _ - 0.0 Retained on a 3/4" (19 mm) sieve:----------------- - - 10.0 max Retained on a No. 100 (150 micron) sieve:---- - - Grade DS 80.0% min Grade S - No Limits Note is No more than 5.0% by weight Cao (unhydrated lime) will be allowed in determining the total ."active" lime content. Note 2: In "solids content" of the slurry. Note' 3: The amount of total "active" lime content, as CaO, in the material retained on the No. 6 sieve must not ^ exceed 2.0 percent of the original Type C lime. M-32 7 Type B, Commercial Lime Slurry or a slurry prepared at ` the job site from Type A Hydrated Lime or Type C Quicklime shall be furnished at or above the minimum "Dry Solids" content as prescribed by the Engineer and must be of a consistency that can be handled and uniformly applied without difficulty. The slurry shall be free of liquids other than water and any materials of a nature injurious or objectionable for the purpose intended. 3 Tack Coat The asphaltic material for tack coat shall meet the requirements for Cut -Back Asphalt RC -2, or shall be a Cut -Back Asphalt made by combining 50 to 70 percent by volume of the asphaltic material as specified for the Poll, type of paving mixture with 30 to 50 percent by volume of gasoline and/or kerosene. If RC -2 Cut -Back Asphalt is ` used, it may, upon instructions from the Engineer, be diluted by addition of an approved grade of gasoline and/or kerosene, not to exceed 15 percent by volume. NO O. 0 Z PKWW =- The The paving mixture shall consist of a uniform mixture of coarse aggregate, fine aggregate, lime and asphaltic/latex material. The grading of each constituent of the mineral aggregate shall be well graded from coarse to fine and shall not vary from the low limit on one sieve to the high limit on the adjacent sieve, or vice versa. The final designated gradations shall produce a relatively smooth line when plotted on a 0.45 power semilogarithmic gradation chart when tested in accordance with ASTM C-136. a Master Gradation Specifications Mixture Type 7 City of Lubbock (C.O.L.) 4 Sieve Type "C" Type "D" 7 Size (Residential Traffic only) Percent by Weight Passing Sieves ., 111 100 - - - 3/4" 98-100 --- 1/2" 81-93 100 3/8" 65-85 85-100 No.4 43-63 50-70 No.8 33-45 35-47 {. No.16 22-34 23-35 j No.30 13-27 14-29 ` No.50 7-19 8-20 r M-33 No.100 3-11 4-12 No.200 1-6 1-6 Bitumen percent 4.0 - 7.5 - 4.0 - 7.5 (of total mix) D. Laboratory Control If the Contractor or supplier wishes to use a material or location not previously approved by the City of Lubbock, he will be required to request approval in writing of the material not less than 60 days prior to anticipated use of the material. The City of Lubbock laboratory test results shall be the sole consideration for approval I of materials, mix designs, adequacy of procedures, etc.. The results of such testing shall be evaluated and final approval given by the City Engineer. The City of Lubbock will utilize its own testing laboratory to monitor the plant mixing for Black Base and Hot Mix. This laboratory control will be provided by the City of Lubbock. A representative of the City Engineer will be at the plant with full authority to control the mixing operation. In those instances where irregularities occur and the limits of>the specification are exceeded for aggregate, black base, or hot mix, appropriate corrections will be required. The, Engineer will designate the exact grading of the aggregate and asphalt content to be used in the mixture (Job Mix Formula). The paving mixture produced shall not vary from the designated grading and asphalt content by more than the tolerances allowed herein and shall remain within the limitation of the master grading specified. The respective tolerances, based on the percent by weight of the mixture, are listed as�follows: Material _ % By Wt. Aggregate passing No. 4 sieve or larger 4 percent_ Aggregate passing Nos. 8,16,30, 50 sieves Aggregate passing Nos. 100 & 200 sieves Bitumen IZOV, 3 percent 2 percent 0.25 percent 1. Samples of the mixture when tested in accordance with ASTM D-2172 shall not vary from the grading proportions of the aggregate and the asphalt content designated by the Engineer by more than the respective tolerance specified above. Thoroughfare Residential Traffic Traffic Min Max,Min Max. Marshall Method'No. of compaction blows, each end of specimen 75 50 Stability, Lbs. 1800 --- 1200 --- Flow, units of 0.01 in 8 14 8 18 k Air Voids Surfacing or Leveling 3 5 3 5 Voids in Mineral Aggregate 13 --- 14 --- 3. Sampling ng and Testi ncs It is the intent of this specification that the mixture will be designed to produce a mixture of optimum density and stability, as determined by the Engineer, when tested in accordance with these specifications and applicable ASTM procedures. Samples of the completed pavement shall be removed from locations designated by the Engineer to enable him to determine the composition, compaction, and density of the pavement. Samples for each day or fraction thereof shall be taken by City personnel. The Contractor shall replace the pavement removed from core holes at no cost to the City. If the pavement is deficient in composition, M-35 compaction, or thickness, satisfactory correction shall be made as directed by the Engineer. Tests on Marshall specimens shall be made twice daily or as directed by the Engineer to retain job control. The mixture shall comply with the requirements of Table (2) above when tested in accordance with the Marshall method procedures contained in Chapter III of the Asphalt Institute's Manual Series No. 2 (MS -2), current addition. If the laboratory stability and/or field tests of the -- mixture produced has a value lower than that specified, and in the opinion of the Engineer is not due to change in source or quality of materials, production may proceed, and the mix shall be changed until the laboratory/field tests equals or exceeds the specified values. If there is, in the opinion of the Engineer, an apparent change in any material from that used in the design mixtures, production will be discontinued until a new design mixture is determined by trial mixes. _ 11. SILO STORAGE A silo storage system may be used during the normal day's operation. The mixture coming out of the silo storage must be of equal quality and temperature to that coming out of the mixing plant. Any operation that has tendency to segregate the mixture or fails to maintain a thorough and uniform mixture and temperature shall not be used. If any load of mixture coming out of the silo storage system fails to meet the asphalt specifications or gradation requirements,' then the total contents of the silo storage system shall be condemned. ."I W-mvP Barricades shall be constructed of clean, sound lumber, shall — be of first-class workmanship, and all surfaces above ground shall be painted with an approved brand of white paint to secure thorough coverage and a uniform white color. In no case shall less than two coats be used. The paint for barricade stripes shall be reflective orange and reflective white. All dimensions, striping, lighting, painting, coloring and placement of barricades shall be in accordance with the details and design as set forth in the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES for Street and Highways, Part VI. The Contractor shall maintain each barricade in a neat acceptable condition and furnish replacements when necessary or requested by the Engineer.,` Each sign shall be displayed only for the specific purpose prescribed for it. Before any detour or temporary route is M-36 i open to traffic all necessary Regulatory, Warning and Guide signs shall g be in place. Signs required by temporary conditions or restrictions shall be removed immediately when those conditions cease to exist or the restrictions are withdrawn. Guide signs directing traffic to and on temporary routes or detours shall be removed when no longer applicable. Standardization is important with respect to design and placement, and uniformity of application is equally important. Identical conditions should always be marked with the same �^ type of sign, regardless of where those particular conditions f occur. All signs that are to convey their message during hours of darkness shall be reflectorized or illuminated. Signs for daytime use only may be non-reflectorized but a fluorescent background material will be used for increased daytime visibility if requested by the Engineer. Where there is serious interference from extraneous light sources, and a reflectorized sign is not likely to be F effective, an illuminated sign will be used. Construction warning signs shall have a black legend on an orange background and shall conform to the standards as to size, shape and color as outlined in the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES mentioned above. Barricades, flares and signs are a necessity in the construction involved in this contract. The provision of these items by the Contractor should be considered in the bid prices submitted, as no separate compensation will be made, unless indicated otherwise in the plans or the proposal. No work will be permitted on any project prior to installation of barricades or other warning devices at the beginning and end of the construction area. 13. PAINT Paint used for ramp contrast in the construction of handicap ramps shall conform to the requirements of TxDOT Department Materials Specification: D-9-8200 (January, 1995). M-37 7 RMFUMMIUM 1: .-ilklo: This item shall consist of Portland Cement concrete curb and gutter or separate gutter as shown on the plans or as directed by the Engineer, and shall be constructed of Class A concrete. Included in the curb and gutter item is the subgrade preparation and the filling and shaping of the area behind the curb. Separate gutter sections will be placed only across alleys and driveways presently in use or where definitel-y planned for future property improvements. It shall be the responsibility of the Contractor to contact the property owner and determine the proper location of driveways before curb and gutter is constructed. All gutters across new or proposed driveways must meet the requirements set forth in the City Sidewalk and Driveway Regulations, Ordinance Number 1466 and amendments thereto and gutters across existing driveways will be required to conform to said regulations if no hardship to the existing property improvements is involved. In any event, all curb and gutter to be poured must have the Engineer's approval as to driveway widths and location, in addition to the section, and line and grade approval before any pour is started on any curb and gutter unit. Excavation for the curb and gutter shall be made with the excavation of the entire street. The excavation shall be done to the lines and grades set by the Engineer and in such a manner as to require a maximum 1/2" (inch) of fill to bring the subgrade to the correct elevation. Subgrade that is undercut 1" (one inch) or more shall be brought to the correct elevation by scarifying, wetting, disking, blading, rolling and compacting to 95% Standard Proctor Density (ASTM D-698) with pneumatic rolling to correct elevation prior to setting forms. Before completion of curb and gutter, all traffic signs and street name markers found in the way of paving will immediately be relocated behind the proposed curb and gutter by the on ra or. D-1 Forms for concrete curb and gutter shall be set to the lines and grades established by the Engineer after the subgrade has been prepared. The forms shall be held together and in place in such a manner that they will not move during the placing and working of the concrete. The forms shall be cleaned and oiled prior to pouring concrete. Face forms and construction joints (removable metal plates) shall be set to hold the concrete for the curb in place until.it is to be finished. Forms for radii shall be set in the same manner as the straight forms except that no face form will be required if a true section is obtained by other methods. The radii forms shall be set in such a manner that the curve will be true. sufficient concrete shall be placed to allow for shrinkage and extra material for finishing, and the concrete shall be floated and troweled to the approximate section, and only after the concrete receives a partial set shall the face forms be removed. The section shall then be shaped to the true cross-section by the use of a metal -screed which is shaped to the true cross-section. A "mule" screed shall be used only to shape to true cross-section when topping material is provided and pushed along on the front edge of the mule. Curb and gutter shall be constructed with ,an expansion joint at the tangent point of each return at intersections and at intervals of no more than forty (40) feet between the intersections. Forty feet intervals may be waived if curb and gutter machine is used. Expansion joints shall be of the material hereinbefore specified. Construction joints formed by removable metal plates - (templates) accurately shaped to the cross-section of the curb and gutter shall be located at the mid -point of each section between expansion joints or as directed by the Engineer. Contraction joints shall be placed at ten foot intervals. All joints ,shall be perpendicular to the surface of the concrete and to the axis of the section. 5. Finishing A ten (10) foot metal "straight -edge" shall be used to strike the flow line to grade, continuously along the flow line of the gutter. This operation shall be followed with a four (4) foot spirit level to assure the D-2 I i t.: continuous grade down the flow -line the length of the gutter. C Curb and gutter shall be finished uniformly by wood troweling to an accurate cross-section. Extra water will r., not be added for finishing. The final finish will be accomplished with a brush, the last stroke being one from the back of curb to the lip of gutter. Both sides of all joints, the lip of gutter, and the back edge of the curb shall be finished with a 1/4" radius edging tool before f the final brushing. Curves at the top and bottom of the section shall present a uniform appearance without r- "waves" in the face of the curb or "pockets" in the gutter. Concrete shall not be poured during sand storms. Concrete shall be protected to maintain temperature of not less than 50 degrees F. for five days after placement. If aggregate and water are heated, they shall not be heated above 90 degrees F. Concrete shall not be placed when the ambient temperature is less than 40 degrees F. It shall be the responsibility of the Contractor to anticipate as nearly as possible changes in weather conditions which would affect the placement and protection of•the concrete, and be prepared to protect freshly placed concrete when sudden changes in the weather make such protection necessary. Special care is required of the Contractor in his removing of pins and of forms. Pins shall be pulled from the ground to free forms. If hammering is found to be necessary, a light, one (1) pound hammer shall be used. The Contractor shall not place forms or pins on newly finished concrete. Loading and unloading of forms from a truck shall be executed by two workmen. It is the duty of the Contractor to remove any warped forms found in any section of forms, before it is poured. When forms are pointed out as defective, those forms shall then be removed from the job site and not returned until they have been inspected by the Engineer. u- s.- . _,. - Class A concrete shall be used for machine laid curb and gutter. The slump of the concrete shall be as directed by the Engineer. Reinforcing steel, if required, shall conform to Section 3 under Materials of Construction. The curb and gutter shall be laid by an extrusion machine approved by the Engineer. Immediately prior to placing the curb and gutter, the previously approved foundation shall be thoroughly cleaned. F. D-3 The line for top of curb shall be maintained from a guideline set by the Contractor from ,survey marks established by the Engineer. Curb outline shall strictly r - conform to the details shown on the plans. The approved mix shall be fed into the machine in such a manner and at such -consistency that the finished curb will present a well compacted mass with a surface free from voids and honeycombs and true to established shape, line and grade. Additional surface finishing shall be performed immediately after extrusion. Extra water will NOT be added for finishing. Unless otherwise specified by the Engineer, joints shall be constructed as follows: Expansion joints shall be located at each end radius at intersections. and alley returns and at the beginning of the pour, and dummy grooved joints shall be spaced at 10 foot intervals between the expansion joints. All concrete work shall be covered with heavy water -proof type paper to prevent loss of moisture and to prevent direct sunlight from striking the concrete, as soon as it has set sufficiently enough to prevent marking. In lieu of this method of curing, the curb and gutter may be cured by applying a liquid membrane coating to all exposed surfaces, provided such material and method is first approved by the Engineer. 9. Filling Behind Curb After the forms are removed and the concrete has cured, the Contractor shall fill the area behind the curb with TOPSOIL ONLY (NO CALICHE) AND SHALL HAVE NO ROCKS LARGER THAN 1". The area between the sidewalk and the curb, or property line and curb if no sidewalk exists, shall be leveled and sloped toward the curb in a manner satisfactory to the property owner and/or Engineer. Fill should be done prior to placement of base materials. No patching of any nature shall be allowed in repairing any damage to curb and gutter which occurs during the construction process of paving improvements in any unit prior to the acceptance of said unit. Where damage occurs, the section of curb and gutter or gutter containing the damaged portion shall be removed to the nearest joints and shall be replaced with new construction, prior to surfacing of that section of street. D-4 t Concrete surface finish marred by vandals, rain or sand during setting time shall be immediately repaired with an approved epoxy material; all abused concrete surface, along with structural damage and defective flow line found at time of surfacing shall be handled as described .., in sentence 2 above. This item shall consist of Portland Cement concrete separate gutter constructed in accordance with the typical curb and gutter sections included in these specifications and at locations as shown on the plans or as directed by the Engineer. • �• 'W-1 W METE1 0 F 4EM ONFOV-�,-� W-301 CO Care shall be taken to tie the (3) three horizontal #3 bars together and use chairs to hold them at a point 3" above the bottom (Not rebar imbedded in the ground). 3. Care shall be taken to hold the steel in the center of the slab, high chairs or precast concrete blocks shall be +^ D-5 C. REINFORCED CONCRETR VALLEY GUTTERS (CLASS ND CLASS CONCRETE) Description This item shall be constructed of Class C concrete for thoroughfare or collector street valley gutters and Class E concrete for residential street valley gutters and consists of the construction of an eight (8) inch concrete slab on thoroughfare or collector streets or a (6) inch concrete slab on residential streets reinforced with 4-#3 bars on one and one-half (1-1/2) foot spacing for 5 foot wide valley F" gutters, (Cross bars shall be #3 bars 4 1/2 feet long) or with 611x6" 6 gauge wire mesh. Fillet areas shall be reinforced as shown on the plans and constructed to the lines and grades as shown on the plans and as designated by the Engineer. Details of construction are the same as for curb and gutter where they can be directly applied. 1. Subarade Preparat i cin (See Section D ) 2. Reinforcinc7 gtppi iGAA Cont-; r,n M_ � 1 3. Care shall be taken to hold the steel in the center of the slab, high chairs or precast concrete blocks shall be +^ D-5 located at three (3) foot centers. Lapping distance shall be 40 diameters, and the lap shall be tied at three points with wire if steel bars are used. D. REINFORCED ALLEY PAVING SLAB AND ALLEY RETURNS (CLASS E CONCRETE) Descrip ion This item shall consist of reinforced concrete paving of variable thickness (5" to 7-1/211) constructed in the center 10 feet of alleys and shall be constructed of Class E concrete. All alley paving and alley returns shall be constructed in accordance to the Alley Paving Details. �;K*3 411 P 4 9• Forms for alley slab shall be placed where necessary to form the outside edge of slab (where slab is not bordered by concrete curb and gutter or other permanent improvements such as building, docks, etc.)and where necessary to form construction and expansion joints (See "Alley Paving Details" on plans). On all edges, joints, etc. to be formed, the forms shall extend the entire depth of concrete. 2. 3. Re ntorc, ng ►5 a �ecLivii ,•,-� Care shall be taken to securely hold the welded wire mesh or rebar 3" above the bottom of the slab by use of high chairs or pre -cast concrete blocks. Concrete shall not be poured during sandstorms. Concrete shall be protected to maintain temperature of not less than 50 degrees F. for five (5) days after placement. If aggregate and water are heated, they shall not be heated above 90 degrees F. Concrete shall not placed when the ambient temperature is less than 40 degrees F. It shall be the responsibility of the Contractor to anticipate as nearly as possible changes in weather conditions which could effect the placement and protection of the concrete, and to be prepared to protect freshly placed concrete when sudden changes in the weather make such protection necessary. 4.'pin ishina Concrete shall be deposited so as to conform roughly to the finished cross-section. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. Extra water will HOT be added for finishing. D-6 The shape and flow line of the alley paving slab may be established by the use of two (211) inch by four (411) inch wood screeds, or other approved removable devices, accurately staked to line and grade. If such devices are used they shall be in place before the final finishing of the subgrade and the subgrade shall be finished so that the concrete slab will be of the proper depth. The concrete shall be "struck off" to the true section and finished smooth by floating and troweling. The final finish shall be provided by brushing to provide a nonskid surface for traffic. Particular care shall be taken in the final troweling and finishing so that the finished �.. slab presents a smooth straight surface without waves in the edge and without pockets in the flow line. All concrete work shall be covered with burlap or other suitable material as soon as it has set sufficiently to prevent marking and kept wet continuously for at least (4) days. Care shall be taken to prevent mechanical injury to concrete work during this period and until the work is accepted. Any work damaged prior to acceptance shall be repaired by the Contractor at his own expense and to the satisfaction of the City Engineer. shall be closed to traffic. The Contractor shall properly flare and barricade alley returns and alleys during the period of construction and as long afterward as the Engineer may require for curing and achieving strength. Before opening alley returns to traffic, the Contractor shall properly fill and level by hand, (no maintainer shall be used until full strength of concrete is achieved), the adjacent approaches from the street and alley. In all cases, no alley or alley return shall be opened to traffic without the approval of the City Engineer. " Special care is required of the Contractor in his removing of pins and moving of forms. Pins shall be pulled from the ground to free forms. If hammering is found to be necessary a light, one (1) pound hammer shall be used. The Contractor shall not place forms or pins on newly finished concrete. Loading and unloading of forms from a truck shall be executed by two workmen. It is the duty of the Contractor to remove any warped forms found in any section of forms, before it is poured. When forms are pointed out as defective, those forms shall then be E. removed from the job site and not returned until they have been inspected by the Engineer. only patching of very minor nature will be allowed in alley paving. Any substantial damage occurring to the alley -paving prior to the acceptance of the unit in which the damage occurs will be remedied by removal and replacement of the entire section or sections of alley paving that has been damaged. Any slab removed to a joint other than a doweled expansion joint will be replaced using joint section B -B in the Special Detail Sheets of these specifications. Extreme care shall be taken by the Contractor during "Setting -Up" period to prevent vandals, sand or rain from marring the surface finish to avoid being handled as described in sentence 2, above. This item. shall consist of reinforced concrete slab (611) inches thick and may be placed on asphalt surface on caliche base, or on asphalt surface on concrete base. Median slab shall be doweled as shown on the plans. Details of concrete placement, finishing, and curing shall be used where applicable: This item shall consist of the construction of Class F reinforced concrete as shown on Concrete Railroad Crossing Details. (File #2-B-92 (21). RINMIM.W.T."- - -...O -- !TTI.* Reinforcing steel to be used on this project shall conform to ASTM A-432 and shall be deformed to ASTM A-305 requirements. 3. Placement of Reinforcement Care shall be taken to hold the #4 bars above the bottom of the foundation slab and above the railroad ties as shown on the plans. In the top slab the vertical and horizontal bars shall be securely tied with wire. D-8 G . REINFORCED CONCRETE D A TNACGE SLABS (CLASS A CONCRETE) This item shall consist of a concrete slab (5") thick and containing wire mesh reinforcing which shall conform to ASTM A-185, or approved fiber reinforcement. H. CONCRETE PAVEMENT - r-T,AS-a c coNcgETg Description This item shall consist of a pavement of portland cement concrete, with reinforcement as shown on plans, constructed as herein specified on the prepared subgrade and one inch of sand cushion or other base course in conformity with the thickness and typical cross sections shown on plans and to the lines and grades established by the Engineer.. Concrete shall be considered of satisfactory quality provided it is made (a) of materials accepted for the job, (b) in the proportions established by the Engineer and (c) Mixed, placed, finished and cured in accordance with the requirements herein specified. 1. Cement The cement shall be Type I or Type III standard brand of Portland cement. If the use of high early strength cement is not specified, and the Contractor desires to use it, he shall obtain written permission of the Engineer and shall assume all additional costs incurred by the use of such cement. Type I and Type III cement shall conform to the requirements of ASTM C-150. When Type III cement is used, the average strength at the age of 7 days shall be higher than that attained at 3 days. Either the tensile or the compression tests may be used for either type cement. In addition to the requirements of ASTM C-150, the specific surface area of Type I cement shall not exceed 2,000 square centimeters per gram as measured by the Wagner Turbidimeter in accordance with Test Method Tex -310-D. 2. Admixtures _ Unless otherwise provided in the plans or special provisions, approved types of admixtures to minimize segregation, to improve workability, or to reduce the amount of mixing water may be used in the rate of dosage specified by the Engineer. Admixtures shall not be used to replace cement. Admixtures shall comply with all the t D-9 requirements and be measured and dispensed in accordance with TxDOT Item 437. 3. coarse Ag_cuLega P Coarse aggregate shall consist of durable particles of crushed limestone (Brownwood Type) of reasonably uniform quality throughout, -free from injurious amounts of salt, alkali, vegetable matter or other objectionable material, ^ either free or as an adherent coating on the aggregate. It shall not contain more than 0.25 percent by weight of clay lumps, nor more than 1.0 percent by weight of shale nor more than 5.0 percent by weight of laminated and/or _ friable particles when tested in accordance with Test Method Tex -413-A. Coarse aggregate shall have a wear of not more than 45 percent when tested according to Test Method Tex -410-A and when tested by standard laboratory methods shall meet the following grading requirements: Retained on 1-3/4" sieve ............... .....0's Retained on 1-1/2" sieve................0 to 5 16 Retained on 3/4" sieve.................30 to 65% Retained on 3/8" sieve.................70 to 900-, Retained on No. 4 sieve . .............95 to 1000-c Loss by Decantation Test Method Tex -406-A ...1.0% Maximum All aggregate shall be handled and stored in such a manner as topreventsize segregation and contamination by foreign substances. When segregation is apparent, the aggregate shall be remixed. At the time of its use, the aggregate shall be free from frozen material. Aggregate that contains more than 0.5 percent free moisture by weight shall be stockpiled for at least 24 hours prior to use. Adequate storage facilities shall be provided for all approved materials. The intermixing of nonapproved materials with approved materials either in stockpiles or in bins will not be permitted. Aggregates from different sources shall be stored in different stockpiles unless otherwise approved by the Engineer. Aggregates shall be stockpiled in such a manner to prevent segregation, and maintained as nearly as possible in a uniform condition of moisture. D-10 Each aggregate stockpile shall be reworked with suitable equipment as required by the Engineer to remix the material to provide uniformity of the stockpile. 4 . Fine Acrarecrate . t Fine aggregate shall consist of sand or a combination of t sands, and shall be composed of clean, hard, durable, uncoated grains. Unless otherwise shown on plans, the acid insoluble residue of the fine aggregate shall be not less than 28 percent by weight when tested in accordance with Test Method Tex -612-J. r5. Fine Aggregate Exclusive of Mineral Filler Fine aggregate shall be free from injurious amounts of salt, alkali or vegetable matter. It shall not contain more than 0.5 percent by weight of clay lumps. When subjected to the color test for organic impurities, Test Method Tex -408-A, the fine aggregate shall not show a color darker than the standard. Unless specified otherwise, fine aggregate shall meet the following grading requirements: Retained on 3/8" sieve.....................0% Retained on No.4 sieve................0 to 5% Retained on No. 8 sieve..............0 to 20% Retained on No. 16 sieve ............ 15 to 30% Retained on No. 30 sieve ............ 35 to 75% Retained on No. 50 sieve ............ 70 to 90t Retained on No. 100 sieve .......... 90 to 100% Retained on No. 200 sieve .......... 97 to 100% Fine aggregate will be subjected to the Sand Equivalent Test (Test Method Tex -203-F). The sand equivalent value shall not be less than 80, or less than the value shown on the plans, whichever is greater. Mineral filler shall consist of clean stone dust, clean crushed sand, clean crushed shell or other approved inert material. When tested in accordance with Test Method Tex -401-A, it shall meet the following requirements: Retained on No. 30 sieve........................0% t r D-11 is 7. Retained on No. 200"sieve.................. 0 to 350 At the time of its use the mineral filler shall be free from frozen material, and aggregate containing foreign material will be rejected. Water for use in concrete and for curing shall be free from oil, acids, organic matter or other deleterious substances and shall not contain more than 1,000 parts per million of chlorides as CL nor more than 1,000 parts per million of sulfates as SO4. Water from municipal supplies approved by the State Health Department will not require testing, but water from other sources will be sampled and tested before use. Test procedure shall be in accordance with AASHTO.T 26. 8.Steel Dowel Bars Steel bar dowels, if used in accordance with provisions of project plans, shall be of the size and type -indicated on plans and shall be open-hearth, basic oxygen or electric -furnace steel conforming to the mechanical properties specified for grade 60 in ASTM A-615. The free end of dowel bars shall be smooth and free of shearing burrs. 9. Steel Reinforcement Unless otherwise shown on the plans, steel reinforcing bars as required. including the tie bars shall be open- hearth, basic oxygen or electric -furnace new billet steel of Grade 60 for concrete reinforcement. . Bars that require bending shall be Grade 40 conforming to requirements of ASTM A-615. High yield reinforcing steel shall be either (1) open- hearth, basic oxygen or electric -furnace new billet steel conforming to -the requirements of ASTM A-615 Grade 60 or (2) rail . steel bars for concrete reinforcement, conforming to the requirements of ASTM A-616 Grade 60 (Bars produced by piling method will not be accepted). Where prefabricated wire mats are specified or permitted., the wire shall be cold worked steel wire conforming to the requirements of ASTM A-496, except that steel shall be made by open-hearth, electric -furnace, or basic oxygen processes. The prefabricated wire mats shall conform to the requirements of ASTM A-497. Mats that have been bent or wires dislocated or parted during shipping or project handling shall be realigned to within one-half inch of D-12 Separate vibratory units shall be operated at sufficiently close intervals to provide uniform vibration and consolidation to the entire width of the pavement. The frequency in air of the internal spud type vibratory �.• units shall be not less than 8,000 cycles per minute and not less than 5,000 cycles per minute for tube types and the method of operation shall be as directed by the Engineer. The Contractor shall have a satisfactory tachometer available for checking the vibratory elements. The pavement vibrators shall not be used to level or spread the concrete but shall be used only for purposes of 'consolidation. The vibrators will not be operated where the surface of the concrete, as spread, is below the elevation of the finished surface of the pavement, except for the first lift of concrete where the double strike off method of placement is employed, and the vibrators shall not be operated for more than 15 seconds while the machine upon which they are installed is standing still. Approved hand manipulated mechanical vibrators shall be F furnished in the number required for provision of proper consolidation of the concrete along forms, at joints and r in areas not covered by mechanically controlled vibrators. These vibrators shall be sufficiently rigid to insure control of the operation position of the vibrating head. �" D-13 c the original horizontal plane of the mat. Mats with any portion of the wires out of vertical alignment more than r^ one-half inch after realignment and/or wires dislocated I or mutilated so that, in the opinion of the Engineer, they do not represent the original mat, shall be rejected. The mats may be clamped or wired so that the mats will retain the horizontal and vertical alignment as specified by the plans or as approved by the Engineer. Deformed wire may be used for tie bars and load transfer bars that require bending. When fabricated steel bar or rod mats are specified, the .. E mats shall meet the requirements of ASTM A-184. ` 10. Mechanical Vibratory EgUipment All concrete placed for pavement shall be consolidated by approved mechanical vibrators designed to vibrate the concrete internally. The internal type will be used for P" full -depth placement. Vibratory members shall extend across the pavement practically to, but shall not come in contact with the side forms. Mechanically operated vibrators shall be operated in such a manner as to not g interfere with the transverse or longitudinal joints. Separate vibratory units shall be operated at sufficiently close intervals to provide uniform vibration and consolidation to the entire width of the pavement. The frequency in air of the internal spud type vibratory �.• units shall be not less than 8,000 cycles per minute and not less than 5,000 cycles per minute for tube types and the method of operation shall be as directed by the Engineer. The Contractor shall have a satisfactory tachometer available for checking the vibratory elements. The pavement vibrators shall not be used to level or spread the concrete but shall be used only for purposes of 'consolidation. The vibrators will not be operated where the surface of the concrete, as spread, is below the elevation of the finished surface of the pavement, except for the first lift of concrete where the double strike off method of placement is employed, and the vibrators shall not be operated for more than 15 seconds while the machine upon which they are installed is standing still. Approved hand manipulated mechanical vibrators shall be F furnished in the number required for provision of proper consolidation of the concrete along forms, at joints and r in areas not covered by mechanically controlled vibrators. These vibrators shall be sufficiently rigid to insure control of the operation position of the vibrating head. �" D-13 11. Complete. and satisfactory consolidation of the concrete pavement is a most important requirement of this specification. Cores taken shall be carefully examined for voids, honeycombing or other evidence of incomplete consolidation. If such evidence is present, changes in the consolidation procedures and/or equipment will be made to insure satisfactory consolidation. Machine -Finishing. All concrete pavement shall be finished mechanically , with approved power -driven machines, except as herein provided. Hand -finishing will be permitted on the transition from a crowned section to a superelevated section without crown or curves, and on straight line superelevation sections less than 300 feet in length. Hand -finishing will also be permitted on that portion of a widened pavement outside the normal pavement width, on sections where the pavement width is not uniform, or required monolithic widths are greater than that of available finishing machines. Machine -finishing of pavement shall include the use of power -driven spreaders, power -driven vibrators, power - driven transverse strike -off, and screed, or such alternate equipment as may be substituted and approved by the Engineer. All concrete shall be consolidated by a mechanical vibrator. - As soon as the concrete has been spread between the forms, the approved mechanical vibrator shall be operated to consolidate the concrete and remove all voids. Hand -manipulated vibrators shall be used for areas not covered by the mechanical vibratory unit. The transverse finishing machine shall first be operated to compact` and finish the_ pavement to the required section and grade, without surface voids. The machine shall be operated over each area as many times and at such intervals as directed At least two trips will be required and the last trip over a given area shall be a continuous run of not less than 40 feet. After completion of finishing with the transverse finishing machine a transverse drag float may be used. The consistency of the concrete as placed should allow the completion of all finishing operations without the addition -of water to the surface. When field conditions are such that additional moisture is needed for the final concrete surface finishing operation, the required water shall be applied to the surface by fog spray only and shall be held to a minimum. D-14 After finishing is complete and the concrete still workable, the surface shall be tested for trueness with For one -lane pavement placement and uniform widening, the equipment for machine -finishing of concrete pavement shall be as directed by the Engineer but shall not exceed the requirements of these specifications. After completion of the straightedge operation, as soon as construction operations permit, texture shall be applied with 1/8 -inch wide metal tines with clear spacing between the tines being not less than 1/4 inch nor more than 1/2 inch. If approved by the Engineer, other equipment and methods may be used, provided that a surface texture meeting the specified requirements is obtained. The texture shall be applied transversely. It is the intent that the average texture depth resulting from the number of tests directed by the Engineer be not less than 0.060 inch with a minimum texture depth of 0.050 inch for any one test when tested in accordance with Test Method Tex -436-A. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. • .. • * 0 • . • * - Concrete shall be composed of Portland cement, fine aggregate, coarse aggregate, mineral filler and/or admixture if used and water, mixed in proportions as approved by the Engineer in the mix design as submitted by a commercial 'laboratory and in the manner set forth in this specification. On the basis of job and laboratory investigations of the proposed materials, the Engineer will fix the proportions by weight of water, coarse aggregate, fine aggregate, cement, admixture and mineral filler where required, in order to produce concrete of the specified strength and workability. an approved 10 -foot steel straightedge. The straightedge shall be operated from the side of the pavement, placed parallel to the pavement centerline and passed across the slab to reveal any high spots or depression. The straightedge shall be advanced along the pavement in successive stages of not more than one-half its length. Practically perfect contact of the straightedge with the surface will be required, and the pavement shall be leveled to this condition, in order to insure conformity with the surface test required below, after the pavement r- has fully hardened. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal float over the area. The surface test with the straightedge shall then be repeated. For one -lane pavement placement and uniform widening, the equipment for machine -finishing of concrete pavement shall be as directed by the Engineer but shall not exceed the requirements of these specifications. After completion of the straightedge operation, as soon as construction operations permit, texture shall be applied with 1/8 -inch wide metal tines with clear spacing between the tines being not less than 1/4 inch nor more than 1/2 inch. If approved by the Engineer, other equipment and methods may be used, provided that a surface texture meeting the specified requirements is obtained. The texture shall be applied transversely. It is the intent that the average texture depth resulting from the number of tests directed by the Engineer be not less than 0.060 inch with a minimum texture depth of 0.050 inch for any one test when tested in accordance with Test Method Tex -436-A. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. • .. • * 0 • . • * - Concrete shall be composed of Portland cement, fine aggregate, coarse aggregate, mineral filler and/or admixture if used and water, mixed in proportions as approved by the Engineer in the mix design as submitted by a commercial 'laboratory and in the manner set forth in this specification. On the basis of job and laboratory investigations of the proposed materials, the Engineer will fix the proportions by weight of water, coarse aggregate, fine aggregate, cement, admixture and mineral filler where required, in order to produce concrete of the specified strength and workability. 11MINP70rorOM - - • M The concrete mix will be designed with the intention of producing a minimum average flexural strength (Modulus of rupture) of 600 pounds per square inch and compressive strength of 3000 psi at 7 days and/or a 28 day compressive strength of 3,600 pounds per square inch. The coarse aggregate factor (dry, loose volume of coarse aggregate per unit volume of concrete) shall not exceed 0.85. Unless otherwise shown on plans the concrete shall contain not less than six sacks of cement per cubic yard of concrete. The water -cement ratio (net gallons of water per sack of 94 pound cement) shall not exceed 6.0 gallon/sack. Concrete specimens shall be prepared, cured and tested as outlined in TxDOT Bulletin C-11. VAER-TorM - Concrete shall be uniformly plastic, cohesive and workable. Workable concrete is defined as concrete which can be placed without honeycomb and without voids in the surface of the pavement. Workability shall be obtained without producing a condition such that free water appears on the surface of the slab when being finished as specified. Where water appears on the surface of the concrete after finishing and this condition cannot be corrected by reasonable adjustment in the batch design, the bleeding will be immediately corrected by one of the following measures or a combination of two or more of the following listed measures: a. Redesign of the batch b. Addition of mineral filler to fine aggregate c.. Increase of cement content In the event that the measures taken do not eliminate the bleeding immediately, concrete placement operations will be suspended, as directed by the Engineer, and- will remain suspended, until such time as additional trial mixes demonstrate that a non-bleeding batch design has been achieved. Failing to achieve a satisfactory laboratory batch design the Contractor will be required to use different materials and to submit samples thereof for -additional trial mixes and pilot beams as specified in TxDOT Bulletin C-11. The mix will be designed with the intention of producing concrete which will have a slump of 1-1/2 inches when .tested in accordance with TxDOT Bulletin C-11. The slump shall not be less than l inch nor more than 3 inches. D-16 r r Prior to the beginning of the concrete placement, and thereafter before any change in -source or characteristics of any of the ingredients except mineral filler, sufficient compression tests using various quantities of cement and aggregates proposed for use shall be supplied the Engineer for consideration. Mixes will be designed and made in sufficient number to represent a wide range of water -cement ratios. These mixes shall comply with the requirements herein prescribed for workability. From these preliminary tests the water -cement ratio required to produce concrete of the specified strength will be selected by the Engineer. The. Contractor may at any time present in writing a suggested mix design and the Engineer will make the tests necessary to determine its acceptability under these specification requirements. For mixing the concrete to be used in making the preliminary test specimens, the Contractor shall furnish and operate the mixer approved for use on this project. A minimum one cubic yard batch shall be mixed or a batch of sufficient size to afford proper mixing, whichever is the greater. In lieu of the above mixer and procedure, the Contractor may furnish a portable mixer of sufficient rated capacity to mix a minimum three -sack batch; in which case, the batch mixed for the preliminary test shall not be less than the rated capacity of the mixer furnished. No additional compensation will be allowed for equipment, materials or labor involved in making preliminary test specimens. After the mix proportions and water -cement ratio required to produce concrete of the specified strength have been determined, placing of the concrete may be started. Type I cement shall have a specified surface area within a range of 1,600 to 1,900 square centimeters per gram. A change in the specific surface of the cement of more than 100 square centimeters per gram may require a new mix design. 16. Sugrade and Forms Preparation of Subgrad . Rolling and sprinkling shall be performed when and to the extent directed, and the roadbed shall be completed to or r above the plane of the typical sections shown on the 1, 7 D-17 17. plans and the lines and grades Engineer. established by the Drainage of the roadbed shall be maintained at all times. Sealed or treated subgrade cut in the preparation of the subgrade or setting of pavement forms shall be resealed or the subgrade restored to the original conditions as directed by the Engineer. See Section D-2. The subgrade shall be maintained in a smooth, compacted condition in conformity with the required section and established grade until the pavement is placed and shall be kept thoroughly wetted down sufficiently in advance of placing any pavement to insure its being in a firm and moist condition for at least 2 inches below the prepared surface. Sufficient subgrade shall always be prepared in advance to insuresatisfactory prosecution of the work. No equipment or hauling shall be permitted on the prepared subgrade, except by special permission of the Engineer, which will be granted only in exceptional cases and only where suitable protection in the form of two-ply timber mats or other approved material is provided. The subgrade under the forms shall be firm and cut true to grade so that each form section when placed will be firmly in contact for its whole length and base width, and exactly at the established grade. Forms shall be staked with at least three pins for each 10 -foot section. A pin shall be placed at each side of every joint. Form sections shall be tightly joined and keyed to prevent relative' displacement. Forms shall be cleaned and oiled each time they are used. Forms shall be set for a sufficient distance in advance of the point where concrete is being placed to permit a finished and approved subgrade length of not less than 300 feet ahead of the mixing. Conformity of the grade and alignment of forms shall be checked immediately prior to placing concrete, and all necessary corrections made by the Contractor. Where -any forms have been disturbed or any subgrade becomes unstable, the forms shall be reset and rechecked. In exceptional cases, the Engineer may require stakes driven to the grade of .the bottom of the forms. Sufficient stability of the forms to support the equipment operated thereon and to withstand its vibration without springing or settlement shall be required. If forms settle and/or deflect over 1/8 inch under finishing operations, paving operations shall be stopped and the forms shall be reset to line and grade. Forms shall remain in place for not_ less than 12 hours after the concrete has been placed. They shall be D-18 r carefully removed in such a manner that little or no damage will be done to the edge of the pavement. Any damage resulting from this operation shall be immediately repaired. After the forms have been removed, the ends of all joints shall be cleaned, and any honeycombed areas pointed up with approved mortar. Immediately after pointing is completed, the form trench, if used, shall be filled with earth from the shoulders in such a manner as to shed water from rainfall or curing away from the edge of the pavement. On completion of the required curing, the subgrade or shoulders adjacent to the pavement shall be graded in a condition to maintain drainage. Allowable grade revisions shall in no way affect the governing finishing and surface requirements of the completed pavement. All grade revisions shall be established by the Engineer. No additional payment over the contract unit price will be made for any pavement of a thickness exceeding that required on the plans as a result of adjustment of the forms. ONFUR WTSW 50 u 0 W.14am U u �• The aggregates, mineral filler if required, cement and water shall be measured separately, introduced into the mixer, and mixed for a period of not less than 50 seconds nor more than 90 seconds, measured from the time the last aggregate enters the drum to the time discharge of the concrete begins. The required water shall be introduced into the mixing drum during the first 15 seconds of mixing. The entire contents of the drum shall be discharged before any materials of the succeeding batch are introduced. The Engineer may increase the minimum mixing time to that necessary to produce thoroughly mixed concrete based on inspection or appropriate uniformity tests. The mixing time may be varied at any time necessary to produce acceptable concrete. If Ready -Mix concrete is used, the concrete shall be discharged into the specified hauling equipment and delivered to the road site. If truck agitators are used, the concrete shall be continuously agitated at not less than one nor more than six rpm as directed by the Engineer. The initial batch of concrete mixed after each time the mixer is washed out shall be enriched by additional D-19 mortar. The additional mortar shall be one sack of cement and three parts of sand. MWOMMOOT Any concrete not placed as herein prescribed within 30 minutes after mixing shall be rejected and disposed of as directed except as provided otherwise herein. Except by specific written authorization of the Engineer, concrete shall not be placed when the temperature is below 400F, the temperature being taken in the shade and away from artificial heat. When such permission is granted, the Contractor shall furnish an approved enclosure, such as canvas -covered framework, to enclose and protect all pavement so placed, and shall maintain the temperature of the air surrounding the concrete at not less than 50OF for not less than 5 days. When concrete is being placed in cold weather, other than under the conditions stated above, the Contractor shall have available a sufficient supply of an approved covering material to immediately protect concrete if the air temperature falls to 320F, or below, before concrete has been placed 4 hours. Such protection shall remain in place during the period the temperature continues below 320F or for a period of not more than 5 days. Neither salt nor other chemical admixtures shall be added to the concrete to prevent freezing. The Contractor shall be responsible for the quality and strength of concrete under cold weather conditions and ,any concrete damage by freezing shall be removed and replaced at his expense. Concrete shall not be placed before sunrise and shall not be placed later than will ^ permit the finishing of the pavement during sufficient natural light. Concrete shall be placed only on approved subgrade or — sub -base, and unless otherwise indicated on plans, the full width of the pavement shall be constructed monolithically. The concrete shall be deposited on the — subgrade or sub -base in such manner as to require as ,little rehandling as possible. Where hand spreading is necessary, concrete shall be distributed to the required depth by use of shovels. The use of rakes will not be 'permitted. Workmen will not be permitted to walk in the concrete with any; earth or foreign material on their boots or shoes. The placing of concrete shall be rapid and continuous. Concrete shall be distributed to such depth. that when consolidated and finished, the slab thickness required by plans will be obtained at all points and the surface shall not, at any point, be below the established grade. — Special care shall be exercised in placing and spreading D-20 7 concrete against forms and at all joints to prevent the forming of honeycombs and voids. If in the opinion of the Engineer, the temperature, wind and/or humidity conditions are such that the quality of the concrete will not be adversely affected, the specified placing time may be extended to a maximum of 45 r minutes. ME03 74 WFE WIWZT--"V All reinforcing steel, including steel wire fabric reinforcement, tie bars, and dowel bars shall be accurately placed and secured in position in accordance with details shown on plans. Reinforcing bars shall be securely wired together at alternate intersections, following a pattern approved by the Engineer, and at all splices, and shall be securely wired to each dowel intersected. When wire fabric is used, it shall be securely wired together at all splices and to each dowel intersected. Tie bars shall be installed in the required position by the method and device shown on plans or by approved method and device equivalent thereto. Tightly adhered scale or rust which resists removal by vigorous wire brushing need not be removed except that excessive loss of section to the reinforcement due to rust shall be cause for rejection. Excessive loss of section shall be defined as loss of section to the extent �. that the reinforcement will no longer meet the physical requirements for the size and grade of steel specified. Where plans require an assembly of parts at pavement joints, the assembly shall be completed, placed at required location and elevation, and all parts rigidly secured in required position by the method and devices shown on plans. Dowel bars shall be accurately installed in joint assemblies in accordance with plans, each parallel to the pavement surface and to the center line of the pavement, and shall be rigidly secured in required position by such means (as shown on plans) that will prevent their displacement during placing and finishing of the concrete. when the placing of concrete is stopped, a bulkhead of sufficient cross sectional area to prevent deflection, accurately notched to receive the load transmission devices or dowels if required, and shaped accurately to the cross section of the pavement shall be provided and installed as a back-up for the joint filler and rigidly secured in required position'to permit accurate finishing of the concrete up to the joint. After concrete has been D-21 S. finished to the joint, formation of the joint seal space and finishing of the joint shall be executed. The back- up bulkhead shall remain in place until immediately prior to the time when concrete placing is resumed, when it shall be carefully removed in such manner that no element of: the joint assembly will be disturbed. The exposed portion of the joint assembly shall be free of adherent concrete, dirt or other material at the time placing of concrete is resumed. If necessary for proper installation of joint sealer, excessive spalling of the joint groove shall be repaired to the satisfaction of the Engineer in the manner which he prescribes. Careful workmanship shall be exercised in the construction of all joints to. insure that the concrete sections are completely separated by an open joint or by the joint materials and to insure that the joints will be true to the outline indicated. Weakened plane joints shall consist of transverse contraction joints and longitudinal joints and shall be sawed as specified on the plans or as directed by the Engineer. When the joints are sawed, the saw shall be power driven, shall be manufactured especially for the purpose of sawing concrete, and shall be capable of performing the work. Saw blades shall be designed to make a clean smooth cut having a width and depth of cut as detailed on the plans. Tracks adequately anchored, chalk, string line or other. approved_ methods shall be. used to provide true alignment of the joints. The concrete saw shall be maintained in good, operating condition and the Contractor shall keep a stand-by power saw on the.project at all times when concrete operations are under way. If membrane curing is used, -the portion of the seal which has been disturbed by sawing operations shall be restored by the Contractor by spraying the area with -additional curing seal. .Transverse contraction joints shall be formed or sawed joints perpendicular to the _centerline and surface of the pavement. Where sawed joints are used, contraction joints at approximately 10 to 15 -foot intervals shall be sawed as soon as sawing can be accomplished without damage to the pavement and before 12 hours after the concrete has been placed, the exact time to be approved by the Engineer. The remaining contraction joints shall D-22 0 r- 1 be sawed in a uniform pattern as directed by the Engineer, and they shall be completed before uncontrolled cracking of the pavement takes place. 811 joints shall be completed before permitting traffic to use the pavement. Longitudinal joints shall be sawed within two days after construction of the pavement. Sawing shall not cause damage to the pavement and the grooves shall be cut with a minimum of spal ling . No traffic ( including construction traffic) shall be permitted on the pavement until the longitudinal joint is cut. After the joints in the hardened concrete have been repaired (if necessary) and the sides of the joint power brushed or sandblasted then blown out with compressed air to the satisfaction of the Engineer, the approved backer rod shall be wheeled -in to the proper depth as recommended by the manufacturer and the remainder of the joint will be filled with the approved sealant to the dimensions shown on the plans. After the sealant is installed it shall effectively seal the joints against water, dirt and stones throughout repeated cycles of expansion and contraction. Premolded materials, wherever used, shall be anchored to the concrete on one side of the joint by means of copper wire or nails not lighter than No. 12 B&S gage. Such anchorage shall be sufficient to overcome the tendency of the material to fall out of the joint. All concrete pavement shall be consolidated by a mechanical vibrator. As soc spread between the forms, vibrator shall be operated I and remove all voids. Hand be used for areas not covered unit. :z as the concrete has been the approved mechanical o consolidate the concrete manipulated vibrators shall by the mechanical vibratory After finishing is completed and the concrete still workable, the surface shall be tested for trueness with an approved 10 -foot steel straightedge. The straightedge shall be operated from the side of the pavement, placed parallel to the pavement centering and passed across the slab to reveal any high spots or depressions. The straightedge shall be advanced along the pavement in D-23 successive stages of not more than one-half its length. Practically perfect contact of the straightedge with the surface will be required, and the pavement shall be leveled•to this condition, in order to insure conformity with the surface test required after the. pavement has fully hardened. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal float over the area. The surface test• with. the straightedge shall then be repeated. Extra water will NOT.be added for finishing. After completion of the straightedge operation, the first pass of the burlap drag shall be made as soon as construction operations permit and before the water sheen has disappeared from the surface. This shall be followed by as many passes as required to produce the desired texture depth. There shall be no unnecessary delays between passes. The drag shall be wet during use and maintained clean and free from encrusted mortar. It is the intent that the average texture depth resulting from the number of tests directed by the Engineer be not less than 0.025 inches with a minimum texture depth of 0.020 inches for any one test. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. The Contractor shall have available at all times hand brooms with stiff bristles for the purpose of providing textures when the pavement surface is in such a condition that the burlap drag or other methods being employed will not provide the desired texture. After completion of dragging and about the time the concrete becomes hard; the edge of the slab and joints shall be carefully finished as directed by. the Engineer, and the pavement shall be left smooth and true to line. The Contractor shall erect and maintain the barricades required by plans and such other standard and approved devices as will exclude public traffic and traffic of his employees and agents from the newly placed pavement for the periods of time and at locations hereinafter prescribed by the Engineer. Portions of the roadway, or crossings of the roadbed required to be maintained open for use by traffic, shall not be obstructed by the above required barricades The pavement shall be closed to all traffic, including vehicles of the Contractor, until the concrete is at least 7 days old. This period of closure to all traffic may be extended if, in the opinion of the Engineer, D-24 r fiweather or other conditions make it advisable to provide an extension of the time of protection. At the end of the 7 day period and as long thereafter as ordered by the Engineer, and if so desired by the Contractor, the pavement may be opened for use by vehicles of the Contractor provided the gross weight (vehicle plus load) of such vehicles does not exceed 14,000 pounds. Such opening, however shall in no manner relieve the Contractor from his responsibilities for the work. On those sections of the pavement thus opened to traffic, all joints shall first be sealed, the pavement cleaned and earth placed against the pavement edges before permitting vehicles thereon. After the concrete in any section is 14 days old, or as long thereafter as ordered by the Engineer, such section of pavement may be opened to all traffic as required by plans or when so directed by the Engineer. On those sections of the pavement thus opened to traffic, all joints shall first be sealed, the pavement cleaned, earth placed against the pavement edges and all other work performed as required for the safety of traffic. When High Early Strength Concrete, resulting from the use of Type III cement as required by plans or special provisions, is used, the pavement may be opened to all traffic after the concrete is 7 days old, or as long thereafter as ordered by the Engineer, subject to the same provisions governing the opening after 14 days as above prescribed. Where the Contractor desires to move any equipment not licensed for operating on public streets, on or across any pavement opened to traffic, he shall protect the pavement from all damage by means of two-ply timber mats of 2 inch stock or runways of heavier material laid on a layer of earth, all as approved by the Engineer. r.., The Engineer may require the opening of pavement to traffic prior to the minimum time specified above under conditions of emergency which in his opinion require such action in the interest of the public. In no case shall the Engineer order opening of the pavement to traffic within less than 72 hours after the last concrete in the section is placed. The Contractor shall remove all r" obstructing materials, place earth against the pavement edges and perform other work involved in providing for the safety of traffic as required by the Engineer in ordering emergency opening. Orders for emergency opening of the pavement to traffic will be issued by the Engineer in writing. i r D-25 Sub -grade preparation shall include the removal, haul and disposal of all obstructions, including: existing curbs, gutters, paving materials, base materials, concrete slabs and other obstructions shown on the plans or as designated by the Engineer and all scarifying, pulverizing, wetting, disking, blading and rolling with compactors to a depth of at least 6" on residential streets and to a depth of 12" on major thoroughfares.and collector streets. Compactors will be used from the bottom to the finished sub -grade elevation to compact the subgrade to 951c Standard Proctor Density (ASTM D-698) in conformity to the line, grade and sections as shown on the plans or as established by the Engineer. After the obstructions have been removed, or in conjunction with such removal, the street bed and/or alley return foundation and/or sidewalk foundation shall be excavated and shaped in conformity with the typical section and to the line and grades as shown on the plans or as .established by the Engineer. All unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved material. The excavation shall be done in such a manner as to require a minimum of fill to bring the subgrade to the correct elevation. When the subgrade is too low as initially excavated, the Contractor shall place additional soil or caliche in layers not exceeding four (411) inches and compact each layer by moistening and rolling. 1. Scraper Work The utilization of a scraper for excavation and shaping of subgrade�and base is permitted with exceptions which are determined by depths of utility lines. Unless otherwise specified by the Engineer, the scraper shall not exceed 23 cubic yards capacity as rated loaded flush by the manufacturer. FA a .u.. M Subgrade shall be compacted to 95% Standard Proctor Density (ASTM D-698) for all improvements except thoroughfare and collector street paving. Subgrade shall be compacted to 100% Standard Proctor Density for thoroughfare and collector street paving. D-26 r Any soft or unstable areas found by test rolling will be corrected by removing the soft or unstable material and replacing it with suitable material compacted to specified density. The areas so corrected shall be test rolled as specified above. Special care shall be exercised in grading street intersections where dips are located so that the cross profiles present a smooth riding surface and so that the i" compacted base thickness will not be less than six (611) or nine (9"). Crown section shall begin to decrease 60 feet back of end of radius for residential streets. Wider street r dips will be blue topped as shown on the detail sheet. ` 4. prosecution of the Work The Contractor may proceed with subgrade preparation on any schedule he may selectexcept that, unless hindered by factors beyond his control, not more than seven (7) calendar days shall elapse between the time subgrade preparation is begun and the spreading and compacting of the base has started. Measures shall be taken by the Contractor not to leave driveways impassable during the night hours. 5.Fxcess Materials Materials excavated in excess of that needed in fill and backfill behind curb shall be wasted by the Contractor. Care shall be taken by the Contractor to use only topsoil in the backfill behind the curbs. The Contractor may dispose of the surplus excavated material in any manner not objectionable to the public, and it is his responsibility to locate a suitable site for dumping the waste excavation. In any event, the Contractor shall not dispose of the surplus materials in any of the lake areas either outside or within the city limits. Location of disposal sites near any lake area must be approved by the Engineer. w "' D-27 Density tests (ASTM D-2922) will be performed and test rolling will be observed by City inspectors. Swelling subgrade (soils with plasticity index of 20 or more) shall be sprinkled as required to provide not less than optimum moisture during compaction. Other subgrade T soils will be compacted at a moisture content of plus or minus 226 of optimum moisture or other moisture content directed by the Engineer. r� F Test rolling will be accomplished with a 25 ton pneumatic tire roller or other pneumatic tire roller approved by the Engineer. The Engineer may require up to six passes of the roller in determining the condition of the subgrade. Any soft or unstable areas found by test rolling will be corrected by removing the soft or unstable material and replacing it with suitable material compacted to specified density. The areas so corrected shall be test rolled as specified above. Special care shall be exercised in grading street intersections where dips are located so that the cross profiles present a smooth riding surface and so that the i" compacted base thickness will not be less than six (611) or nine (9"). Crown section shall begin to decrease 60 feet back of end of radius for residential streets. Wider street r dips will be blue topped as shown on the detail sheet. ` 4. prosecution of the Work The Contractor may proceed with subgrade preparation on any schedule he may selectexcept that, unless hindered by factors beyond his control, not more than seven (7) calendar days shall elapse between the time subgrade preparation is begun and the spreading and compacting of the base has started. Measures shall be taken by the Contractor not to leave driveways impassable during the night hours. 5.Fxcess Materials Materials excavated in excess of that needed in fill and backfill behind curb shall be wasted by the Contractor. Care shall be taken by the Contractor to use only topsoil in the backfill behind the curbs. The Contractor may dispose of the surplus excavated material in any manner not objectionable to the public, and it is his responsibility to locate a suitable site for dumping the waste excavation. In any event, the Contractor shall not dispose of the surplus materials in any of the lake areas either outside or within the city limits. Location of disposal sites near any lake area must be approved by the Engineer. w "' D-27 .. F4T.. rM COMMA 6 1i The preparation of the subgrade for concrete alley paving shall be done in the same manner as other subgrade excavation which requires scarifying, wetting, disking, blading, rolling, and compacting. The Contractor will be required to excavate around existing improvements such as gas meter, water- meters, poles, etc. Each of these obstructions shall be the responsibility of the Contractor. Trees that conflict with the improvements shall be removed by the Contractor upon approval of the Engineer. The Contractor shall shape to subgrade to the cross-section shown on the plans and to the lines and grades established by the Engineer. After the forms are set and before the reinforcing is placed, the Contractor shall finally shape the subgrade so that there will be a minimum thickness of concrete of five (511) inches at the centerline and seven and one-half inches (7-1/211) at the outside edges. All areas where fill material is required shall be compacted. The subgrade shall be wetted and rolled to secure 900-o Proctor Density in the upper six (611) making a firm foundation for the alley paving. The Contractor will be required to shape the portion of the alley outside of the limits of the concrete slab so that all drainage in the alley will be to the invert of the concrete slab. Excess excavated materials shall be hauled to any approved location. Prior to placing any embankment, all "Preparing Right -Of - Way" and/or "Clearing and Grubbing" operations shall have been completed on the excavation sources and areas over which the embankmentis tobe placed. Stump holes or other small excavations in the limits of the embankment shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed loosened ground, or surface roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods and where indicated on plans or required by the Engineer, the ground surface thus prepared shall be compacted by sprinkling and rolling. Where embankments are to be placed adjacent to or over existing roadbeds, the roadbeds slopes shall be plowed or scarified to a depth of not less than six (611) inches and the embankment built up in successive layers, as hereinafter specified, to the level of the old roadbed before its height is increased. Then, if directed, the top of the roadbed -" D-28 7 shall be scarified and recompacted with the next layer of the new embankment. The total depth of the scarified and added material shall not exceed the permissible depth of layer. Trees, stumps, roots, vegetation, or other unsuitable materials shall not be placed in embankment. Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the roadbed and unless otherwise specified each layer shall be so constructed as to provide a uniform slope of 1/4" inch per foot from the center line of the roadbed to the outside. Embankments shall be constructed to the grade established by the Engineer and completed embankments shall. correspond to the general shape of the typical sections shown on the plans and each section of the embankment shall correspond to the detailed section or slopes established by the Engineer. After completion of the roadway, it shall be continuously maintained to its finished section and grade until the project is accepted. Except as otherwise specified, earth embankments shall be constructed in successive layers for the full width of the individual roadway cross section and in such lengths as are best suited to the sprinkling and compaction methods utilized. Layers of embankment may be formed by utilizing equipment which will spread the material as it is dumped, or they may be formed by being spread by blading or other acceptable methods from piles or windrows dumped from excavating or hauling equipment in such amounts that material is evenly distributed. Minor quantities of rock encountered in constructing earth embankment shall be incorporated in the specified embankment layers, or may be placed in accordance with the requirements for the construction of rock embankments in the deeper fills within the limits of haul shown on the plans, provided such placement of rock is not immediately adjacent to structures. Also, rock may be placed in the portions of embankments outside the limits of the completed roadbed width where the size of the rock prohibits their incorporation in the normal embankment layers. Each layer of embankment shall be uniform as to material, density and moisture content before beginning compaction. Where layers of unlike materials abut each other, each layer shall be featheredged for at least 100 feet or the material shall be so mixed as to prevent abrupt changes in the soil. No material placed in the embankment by dumping in a pile or D-29 _windrow shall be incorporated in a layer in that position, but all such piles or windrows shall be moved by blading or similar methods. Clods or lumps of material shall be broken - and the embankment material mixed by blading, disking, or similar methods to the end that a uniform material or uniform density is secured in each layer. Water required for sprinkling to bring the material.to the moisture content necessary for maximum compaction shall be evenly applied and it shall be the responsibility of the Contractor to secure a uniform moisture content throughout the layer by, such - methods.as may be necessary. In order to facilitate uniform wetting of the embankment material, the Contractor shall water at the material source if the sequence and methods used are such as not to cause an undue waste of water. Such procedure shall be subject to the approval of the Engineer. MR9W."IMITITax.4 The compaction method shall require that each layer shall be compacted to the required density by any method, type, and size of equipment which will give the required compaction. The depth of layers, prior to compaction, shall depend upon the type of sprinkling and compaction equipment used. Prior to and in conjunction with the rolling operation, each layer shall be brought to the moisture content necessary to obtain the required density and shall be kept leveled with suitable equipment to insure uniform compaction over the entire layer. For each layer of earth embankment and select material, it is the intent of this specification to provide the density as required herein, unless otherwise shown on the plans. The required compaction shall -be 95% Standard Proctor Density ASTM D-698. After each section of earth embankment or select material is complete, tests as necessary will be made by the Engineer. If the material fails to meet the density specified, the: course shall be reworked as necessary to obtain the _ specified compaction, and the compaction -- method may. be altered on subsequent work to obtain specified density. Such procedure shall be determined by, and subject to, the approval of the Engineer. At any time, the Engineer may order proof rolling to test the uniformity of compaction of the embankment subgrade. All irregularities, depressions, weak or soft areas which " develop shall be corrected immediately by the Contractor. Should the subgrade, due to any reason` or cause, lose required stability, density, or finish before the pavement structure is placed, it shall be recompacted and refinished at the sole expense of the Contractor. _ Excessive loss of moisture in the subgrade :shall be D-30 r prevented by sprinkling, sealing,- or covering with a subsequent layer of granular material. Excessive loss of moisture shall be construed to exist when the subgrade soil moisture content is more than 4 percent below the optimum for compaction to Standard Proctor Density. (Also see Section D, Item 2.A.2. compaction.) 2. At Culverts 7 Embankments adjacent to culverts which cannot be compacted by use of the blading and rolling equipment used in compacting the adjoining sections of embankment �• shall be compacted in the manner prescribed below. The following requirements shall apply to the backfilling of pipe culverts in addition to the pertinent portions of the general requirements given in the preceding section. After the bedding has been prepared and the pipe installed as required by the pertinent specifications, selected materials from excavation or borrow shall be placed along both sides of the pipe equally, in uniform layers not to exceed six (6") inches in depth (loose measurement), wetted and thoroughly compacted so that on each side of the pipe there shall be a berm of thoroughly compacted materials at least as wide as the external diameter of the pipe, except insofar as undisturbed material obtrudes into this area. The method and degree of compaction shall be same as specified above. Filling and/or backfilling shall be continued in this manner to the elevation of the top of the pipe. Special care shall be taken to secure thorough compaction of the material placed under the haunches of the pipe. All fill or backfill below the top of the pipe shall be compacted mechanically in the same manner and to the density prescribed above, regardless of whether or not such material is placed within the limits of the embankment or roadbed. In the case of embankments, the remainder of the fill above the top of pipe shall be placed in accordance with the provisions for placing roadway embankment as prescribed in the pertinent specification included in the contract. No construction traffic will be permitted to cross any pipe culvert until the minimum depth of fill above the pipe as determined by the Engineer has been placed and consolidated. .�+ The base course shall consist of a minimum of six (611) or nine F (911) inches of compacted approved caliche, black base or combination of caliche and black base material shaped in accordance with the typical cross-sections provided in the plans and to the grades established by the Engineer. d+ �► D-31 A B. Approved base material shall be hauled in vehicles of uniform capacity to the site and dumped evenly so that an adequate quantity of material will be placed to provide a minimum of six (6") inches of compacted base material on all units except major thoroughfares streets. On these streets the Contractor will construct nine (911) inches of compacted base material. Processing of caliche base shall be accomplished in multiple lifts of three (311) inches in compacted depth. Each lift or layer shall be thoroughly moistened and rolled as it is cut from the windrow. After all of the material is cut from the windrow to the sides, it shall be cut back to the center in lifts of three (311) inches and thoroughly moistened and rolled _again. Succeeding layers shall then be placed similarly until the caliche base course is completed. Caliche base shall be compacted to 95% Standard Proctor Density (ASTM. D-698) for all improvements except thoroughfare street paving shall be compacted to 1000-o Standard Proctor Density. Density tests (ASTM D-2922) will be performed and test rolling for base will be observed by City inspectors. Caliche base shall be compacted at a moisture content of plus or minus 2t optimum moisture or other moisture content directed by the Engineer. The finished caliche base shall be test rolled with a 25 ton pneumatic tire or other approved roller. The Engineer may require up to six passes of the roller in determining the condition of the base. All nine (911) inch compacted caliche base shall be accomplished in three (311) inch lifts: The caliche course shall then be sprinkled as required and rolled with compactors as directed until a uniform compaction of specified "Standard Proctor Density" is secured. Throughout this entire operation, the shape of ithe course shall be maintained by blading; and the surface upon completion shall be smooth and in conformity with the typical sections shown on plans and to the established lines and grade. Traffic may be allowed to travel on the caliche base, as directed by the Engineer, during construction. During this period, the caliche base shall be satisfactorily maintained by the use of water trucks, blades, drags and such other equipment as may be required. The base course shall be so maintained until the wearing surface is placed thereon. The D-32 i 1 PW surface shall not be placed on base course that exceeds optimum mixture by two percent (2%). Processing of asphaltic base shall be as directed by the Engineer and similar to that described under Hot Mix Asphaltic Concrete Surface. Lift thickness will be indicated by the Engineer or as shown on the paving plans: Electronic screed controls will be required for placing black base on grade. The density required will be determined by the Engineer after material to be used has been approved. All areas and "nests" of segregated coarse or fine material shall be corrected or removed and replaced with well graded material as directed by the Engineer. Each layer of black base may be test rolled, as directed by the Engineer, with a 25 ton pneumatic tire or other approved roller requiring up to six passes before succeeding layers are placed. A delay in construction of a black base mat or surface will require test rolling and approval prior to construction of the next layer. C. FINISHING Description i The compacted base shall be finished and shaped immediately preceding the application of the surface treatment. All loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller. The finished caliche base shall be checked for density requirements and by test rolling. Materials that fails the density requirement shall be reworked as necessary until passing. The full depth of caliche base shall be compacted to the extent necessary to remain firm and stable under test rolling. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the areas affected, adding suitable material as required, reshaping and recompacting by sprinkling and rolling. If the Contractor chooses, he may repair the weak spot by removing the.material involved and replacing it with Type "C" hot mix or asphalt stabilized base. In this case, the surface may be applied as soon as the hot mix patch has been compacted and cooled to ambient temperature. ` 2. Allowable Deviation in Finish ~' Immediately prior to placing of surfacing the base shall be checked and any deviation in excess of three-eighths (3/8) inch from the established grade or true cross Flo section shall be corrected as provided above for defects. �,., D-33 Longitudinally a straightedge 10 feet long shall be used to detect any deviation which shall be, corrected as defects. 4.KOT MIX ASPHALTIC CONCRETE SURFACE Description -' This item shall consist of 1-1/2" compacted C.O.L. Type "C" or Type ''D" hot mix asphaltic concrete surface, using approved crushed stone aggregate, constructed over a compacted base. The base shall be primed and a tack coat applied as required. A.Samnling and Testing Hot Mix Asphaltic Concrete for Compaction Hot mix asphaltic concrete will be accepted on a lot basis. A lot will consist'of 1000 tons or each days production and will be divided into three (3) equal sublots. Pavement density will be determined by taking the average density for each lot, from the three sublots, the average Maximum Theoretical Density, taken from trucks delivering hot mix asphaltic concrete to the site. The samples will be tested ._ in accordance with ASTM D-2041. Each lot of compacted pavement will be accepted, with respect to density, when the average field density is within the below listed specifications. Four field density determinations will be made for each lot. Cores taken from the pavement will be used to test the field density. The -- density of the cored samples will be determined in accordance with ASTM D-2726. Density Specifications Based on Maximum Theoretical Density Minimum = 92.51k Optimum = 96.0 Maximum = 97.5% If the mixture produced does not have the specified qualities, it shall be adjusted until it does. The pavement _ shall be constructed on the previously completed and approved subgrade, base, existing pavement, bituminous surface or in the case of a bridge, on the prepared floor slab, as herein specified and in accordance with':the details shown on the plans. D-34 The prime coat shall consist of an application of 0.25 gallons per square yard of MC asphalt. D-35 B.Temoerature Reguirements 1. November 1 until April 1 a. The asphaltic mixture shall not be placed when the air temperature is below 55 degrees F and falling. '$ b. The asphaltic mixture may be placed when the air temperature is above 50 degrees F and rising. 2. April 1 till November 1 .. a. The asphaltic mixture shall not be placed when the air temperature is below 50 degrees F and falling. b. The asphaltic mixture may be placed when the air temperature is above 45 degrees F and rising. 3. Asphalt Stabilized Base a. The asphaltic mixture shall not be placed when the air temperature is below 45 degrees F and falling. b. The asphaltic mixture may be placed when the air temperature is above 40 degrees F and rising. The air temperature shall be taken in the shade away from artificial heat or as reported by the National Weather Service on their hourly report (Telephone No. 762-0141). The Engineer may use his discretion to require a cover over the asphaltic mixture when being hauled from the plant to the job site. If the temperature of a load of asphaltic concrete measured while passing through the lay -down machine is 25 degrees F less than the mixing temperature, the load may be rejected by the Engineer and payment will not be made for the rejected material. 4, Prep --ration of Base and Areas Bordering The compacted base upon which the hot mix asphaltic ;~ concrete surface is to be placed shall be prepared and l cleaned, as required by the Engineer, before the prime coat is applied. The prime coat shall consist of an application of 0.25 gallons per square yard of MC asphalt. D-35 6. Tack Coat Before the asphaltic mixture is laid, the surface upon which the tack coat is to be placed shall be cleaned thoroughly to the satisfaction of the Engineer. The surface shall be given a uniform application of tack coat using asphaltic materials of this specification. This tack coat shall be applied, as directed by the Engineer, with approved sprayer. Where the mixture will adhere to the surface on which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Engineer. All contact surfaces of curbs and structures and all joints shall be painted with a thin uniform coat of the asphaltic material meeting the requirements for tack coat. The tack coat shall be rolled with a pneumatic tire roller as directed by the Engineer. 4:14M __ �• .�. •* - - The asphaltic mixture, prepared as specified above shall be hauled to the work site in tight vehicles previously cleaned of all foreign material. The dispatching of the vehicles shall be arranged so that all material delivered may be placed, and all rolling shall be completed during day -light, hours. The inside of the truck body may be given a light coat of oil, lime slurry or other material satisfactory to the Engineer, if necessary, to prevent mixture from adhering to the body. In cool weather or for long hauls, canvas covers and insulating of truck bodies may be required. Vehicles of the semi -trailer type are prohibited. Generally the asphaltic mixture _shall be dumped and spread on the approved prepared surface with the specified spreading and finishing machine in such manner that when properly compacted the finished pavement will be smooth, of uniform density and will meet the requirements of the typical cross sections and the surface tests. During the application of asphaltic material, care shall be taken to prevent splattering of adjacent pavement, curb and gutter, and structures. The surface course shall be laid in a compacted layer with a minimum compacted thickness of. one and one-half inches (1-1/211). A level up course, 1/2" or more require the use of black :base or a mix approved by the Engineer. It compacted to lines and grades as Engineer. D-36 in thickness, shall coarse grade of hot shall be spread and established by the When the asphaltic mixture is placed in a narrow strip along the edge of an existing pavement, or used to level up small areas of an existing pavement or placed in small irregular areas where the use of a finishing machine is not practical, the finishing machine may be eliminated when authorized by the Engineer, provided a satisfactory surface can be obtained by other approved methods. d Adjacent to flush curbs, gutters, liners and structures, the surface shall be finished uniformly high so that when compacted it will be slightly above the edge of the curb and flush structure. 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 carefully made to insure a continuous bond between old and new sections of the course. The transverse edges of old pavement and, if required by the Engineer, the successive days pavement shall be sawed 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 before the fresh mixture is placed. .��..P56450 As directed by the Engineer, the pavement shall be compacted thoroughly and uniformly to the required density. The specified rollers shall be used, except as provided in paragraph (3) below. Rolling with the three 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 unless otherwise directed by the Engineer. 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 unless otherwise directed by the Engineer. Rolling with pneumatic roller shall be done as directed by the Engineer. Rolling shall be continued until required compaction is obtained and all roller marks are eliminated. One tandem roller,. two pneumatic rollers and at least one three wheel roller, as specified above, shall be provided for each job. Additional rollers shall be provided if needed. The motion of the roller shall be slow enough at all times to avoid displacement of the mixture. If any displacement occurs, it shall be corrected at once by the use of rakes and of fresh mixture where required. The roller shall not be allowed to stand on pavement which has not been D-37 fully compacted. To prevent adhesion of; the surface to the roller, the wheels shall be kept thoroughly moistened with water, but an excess of water will not be permitted. All rollers must be in good mechanical condition. Necessary precautions shall- be taken to prevent the droppings of diesel, gasoline, oil, grease or other foreign matter on the pavement, either when the rollers are in operation or when standing. When indicated on the plans or permitted by the Engineer in writing, the pavement may be compacted to the required density by the use of compacting equipment other than that specified herein. Hand tamping. The edges of the pavement along curbs, headers and similar structures,. and all places not accessible to the roller, or in such positions as will not allow thorough compaction with the roller, shall be thoroughly compacted with lightly oiled tamps. Rolling with the trench type roller will be required on widening areas in trenches and other limited areas where satisfactory compaction cannot be obtained with the three wheel and tandem rollers. 10. Surface Tests The surface of the pavement, after compaction, shall be smooth and true to the established line, grade and cross section, and when tested with a 10 foot straight edge placed parallel to the centerline of the roadway or tested by other equivalent and acceptable means, except as provided herein, the maximum deviation shall not exceed 1/8 inch in 10 feet, and 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 deviation in 10 feet requirement may be waived by the Engineer. li. Surface Density Test See Section M, Item 10.(D), Laboratory Control. 12. Equipment Spreading and Finishing Machine. The spreading and finishing machine shall be of a type approved by the Engineer, shall be capable of producing a surface that will meet the requirements of the typical cross section and the surface test, when required, and shall have :adequate power to propel the delivery vehicle in a satisfactory manner when the mixture is dumped into the .finishing machine. The finishing machine shall be equipped with a flexible spring and/or hydraulic type D-38 r hitch sufficient in design and capacity to maintain contact between the rear wheels of the hauling equipment and the pusher rollers of the finishing machine while the mixture is being unloaded. The finishing machine shall be operated in a low gear, or as directed by the �.. Engineer, at a speed to produce a surface that will meet the requirements of the typical cross section and surface ' test. r Any vehicle which the finishing machine cannot push or s propel in such a manner as to obtain the desired lines and grade without resorting to hand finishing will not be allowed to dump directly into the finishing machine. Vehicles dumping into the finishing machine shall be mechanically and/or automatically operated in such a manner that overloading the finishing machine being used cannot occur and the required lines and grade will be obtained without resorting to hand finishing. Forms. The use of forms will not be required except where necessary to support the edges of the pavement during rolling. If the pavement will stand rolling without undue movement, binder twine or small rope may be used to align the edges. Motor Grader. The motor grader, if used, shall be self- propelled power motor grader; it shall be equipped with pneumatic tired wheels; shall have a blade length of not less than 12 feet; shall have a wheel base of not less than 16 feet; and shall be tight and in good operating condition and approved by the Engineer. [ Pneumatic Tire Rollers. The pneumatic tire roller shall be an acceptable self-propelled roller mounted on pneumatic tired wheels, with the weight capable of being varied uniformly from 275 to 550 pounds per inch width of tire tread, so constructed as to be capable of being operated in both a forward and a reverse direction and shall have suitable provision for moistening the surface r D-39 k Dumping of the asphaltic mixture in a windrow and then placing the mixture in the finishing machine with loading equipment will be approved by the Engineer, provided that the loading equipment is constructed and operated in such C a manner that substantially all of the mixture deposited on the roadbed is picked up and placed in the finishing machine without contamination by foreign material of the mixture. The loading equipment will be so designed and operated that the finishing machine being loaded will obtain the required line, grade and surface without resorting to hand finishing. Any operation of the ` loading equipment resulting in the accumulation and subsequent shedding of this accumulated material into the asphaltic mixture will not be permitted. Forms. The use of forms will not be required except where necessary to support the edges of the pavement during rolling. If the pavement will stand rolling without undue movement, binder twine or small rope may be used to align the edges. Motor Grader. The motor grader, if used, shall be self- propelled power motor grader; it shall be equipped with pneumatic tired wheels; shall have a blade length of not less than 12 feet; shall have a wheel base of not less than 16 feet; and shall be tight and in good operating condition and approved by the Engineer. [ Pneumatic Tire Rollers. The pneumatic tire roller shall be an acceptable self-propelled roller mounted on pneumatic tired wheels, with the weight capable of being varied uniformly from 275 to 550 pounds per inch width of tire tread, so constructed as to be capable of being operated in both a forward and a reverse direction and shall have suitable provision for moistening the surface r D-39 k L of the tires while operating. Alltires of the same roller shall be smooth tread of equal size and diameter and shall be arranged in such a manner that the gap between the tires of one axle will be covered by the tires of the other. The tire pressure of each tire shall be adjusted as directed by the Engineer and this pressure shall not vary by more than 5 pounds per square inch. Two Axle Tandem Roller. This roller shall be an acceptable power driven tandem roller weighing not less than 8 tons. Three Wheel Roller. This roller shall be an acceptable power driven three wheel roller weighing not less than 10 tons. Trench Roller. This roller shall be an acceptable power driven trench roller equipped with sprinkler for keeping the wheels wet and adjustable road wheel so that the roller may be kept level during rolling. The drive shall be not less than 20 inches wide. The roller under -- working conditions shall produce 325 pounds per linear inch of roller width and be so geared that a speed of 1.8 miles per hour is obtained in low gear. _ Straightedges and Templates. When directed by the Engineer, the Contractor shall provide acceptable 10 foot straightedges for surface testing. Satisfactory templates shall be provided -by the Contractor as required by the Engineer. All equipment shall be maintained in good repair and operating condition and shall be approved by the Engineer. The Contractor shall furnish such suitable machinery, equipment and construction forces as may be necessary, in the opinion of the Engineer, for the proper prosecution of the work, "and failure to do so may cause the Engineer to withhold all estimates which have or may become due or the Engineer may suspend work until his requests are _ complied with. 13. Qpening to Traffic The pavement shall be opened to traffic when directed by the Engineer. All construction traffic allowed on the pavement shall comply with City Ordinance governing traffic' on City Streets. D-40 i r If the surface the Contractor' at his expense. 5. CLEAM ravels, corrugates or shoves, it will be Contractor's responsibility to correct this condition Within three days after completion of any Sub -Unit of paving the Contractor shall clean, remove rubbish and temporary structures from the street, restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as a part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance of the Sub -Unit will be considered. The cleanup shall include the sloping, filling and shaping of the area between the curb and property line. This area shall be filled with good top soil, with no rocks larger than 1". When the ground behind the curb is higher than the top of the curb, the Contractor will be required to cut this area down to provide a smooth, even slope between the property line and the curb. The City forces will place valve boxes and manholes on finished grade after the base has been finished to grade. The Contractor shall allow the City Forces at least 3 days to do this work after finishing the base and before application of asphalt. It shall be the responsibility of the Contractor to notify the Water and Sewer Department 48 hours after curb and gutter has been completed so that the City Forces can properly schedule their work. In all alleys the City Forces will set the valve boxes and manholes to grade after the forms are in place. Any variation in this procedure that causes expense to the City shall have the approval of the Engineer, and such expense shall be borne by the Contractor. The plans show only approximate locations of utilities as obtained from the various utility companies and shall not relieve the Contractor from familiarizing himself with all underground utilities. It is not implied that all existing utilities are shown on the plans. The City of Lubbock does not assume any responsibility for any utility lines which are not shown on the plans. D-41 The utility companies will attempt to, move all utilities that can be reasonably' removed prior to beginning of construction; however, this does not relieve the Contractor from any damage that he might do to any utility property. In case of any damage, the Contractor shall immediately notify the utility company. City Water and Sewer Lubbock Power and Light City Traffic Shop Energas Traffic Shop 767-2588, 767-2344 767-2555, 767-2554 767-2140, 767-2144 741-4200, 741-0231 Southwestern Public Service- 763-2881, ,796-3250 Southwestern Bell Telephone 741-6101, 741-5151 Cox Cable of Lubbock 793-5053, 793-4683 City Traffic Engineering 767-2132 Sequence: The sequence of utility adjustments has been mutually agreed upon by the utility companies in the City of Lubbock and will attempt to follow the following schedule:. - Plans for contract project will be delivered to all utility companies two weeks prior to opening bids. As a general rule, these projects will have been staked. The utility companies will relocate all items necessary, locate and flag all meters, valves, manholes, underground cables, etc., prior to the date the Contractor is to begin construction. After the subgrade-is completed on alley paving projects, and after the base is _completed on all street paving projects, all manholes, valve boxes, etc., will be set to finished grade by the utility companies. The site shall be left in a clean condition. On all projects, including private contracts, the Contractor shall exercise care not to damage any sanitary sewer pipe or manholes, storm sewer pipe or manholes, or telephone cable or manholes, water or gas lines, valve boxes , meter boxes, nor any other pipe or utility. If necessary, the Contractor shall call the department or company concerned and make arrangements for adjusting the manhole, valve box, meter box, or other utility to grade. On all projects for which he is awarded a contract, the Contractor will be responsible during the construction period for any damages to manholes, valve boxes, meter boxes and other utilities. D-42 Should any item be damaged during the process of construction, the Contractor is to notify the affected utility company and the City inspector. The utility company will immediately repair the damaged item. Any bills for damage will be sent through the Department of Engineering. The Department of Engineering will process all bills and fix responsibility for damage and govern the extent of repair. Private contracts do not have plans, but utility companies will be furnished cut sheets and notified of impending construction by letter. Other items such as adjustments, damages, etc. will be handled the same as for bid let projects. The utility companies will schedule their work with the Contractor. When utility adjustments commence before the contract is awarded, it will be the responsibility of the utility company to barricade the project. Unless otherwise agreed upon by the City and the utility companies involved, the sequence of installation of underground utilities shall be as follows: Utility Sequence i. Sewer First Electric (Primary) Electric (Secondary) Telephone T.V. Cable Water Gas Second Third Fourth (last if no power or T.V. ) Fifth Sixth Seventh Traffic Engineering Eighth On all projects, including private contracts, the Contractor r shall not place curb and gutter or base material at points where underground utilities cross or propose to cross until such utilities have been adjusted or installed. I 7. "Salvaging and Replacing Base" shall consist of removing the existing base material where shown on plans, such temporary storage as is necessary, and the replacement of this material r �•• D-43 p; on the. prepared roadbed as herein specified and in conformity with the typical sections shown on plans and to the lines and grades as established by the Engineer. CONSTRUCTION METHODS 1.Salvaging Existing Base The existing base, including any,bituminous mat not shown on plans to be salvaged, shall first be cleaned of all dirt or other objectionable material by blading, brooming or other approved methods, then scarified to the width and depth as may be required to provide the estimated amount of salvaged material per station as shown on the plans. Subgrade shall be reworked, if necessary, as directed by the Engineer. Any bituminous mat encountered shall be broken into particles not more than two inches in size, and incorporated uniformly with the existing base. The material thus salvaged shall be placed in stockpiles or windrows until sufficient subgrade has been prepared to receive the salvaged material; then, if the Contractor so elects, the remaining old base material as salvaged may be placed directly upon the prepared subgrade as directed by the Engineer, thus eliminating the necessity of stockpiling. It shall be the responsibility of the Contractor that all the available material shall be salvaged and replaced and shall be kept reasonably free of soil from the subgrade -or roadbed during the salvaging and replacing operations. When material is windrowed or stockpiled, it shall be so placed so as not to interfere with traffic, proper .,drainage or the general progress of the work. 2. Preparation of Subgrade Preparation of subgrade shall be in accordance with Section D, Item 2 Earth Work of these specifications. ENOF-M!"M RM The salvage material shall be in accordance with Section D, Item 2 Earth Work. 8.SALVAG_ING AND STOCKPILING BASE MATERIAL '- A. DESCRIPTION This item shall consist of salvaging base material from places shown on the plans or as directed by the Engineer and of stockpiling that material where shown on the plans or _ directed by the Engineer. D-44 r •�V ZOM 0 UONNOu : Trash, wood, brush, stumps and other objectionable material at the storage site shall be removed and disposed of as directed by the Engineer prior to the beginning of work required by this item. The base material, including any asphalt mat, which may not be shown on the plans, shall be cleaned of all dirt or other objectionable material. Asphaltic materials shall be broken into pieces not more than two inches in size and incorporated uniformly with the salvaged base material. Material to be salvaged shall be worked into stockpiles or windrows and loaded by approved equipment into approved equipment for hauling to the stockpile site. It shall be the responsibility of the Contractor that all the available material shall be salvaged and kept reasonably free of soil from subgrade or road bed during the salvaging operations. The operation shall be conducted in such manner as not to interfere with traffic, drainage or the general requirements of the work. After the material is deposited in the stockpile area, it shall be worked into a neat compact stockpile. The thickness of the pavement shall be determined by average caliper measurement of cores tested in accordance with ASTM C- 174. Pavement thickness shall be not less than the specified minimum thickness. When the measurement of any core is less than the specified minimum thickness, the actual thickness of the pavement in this area shall be determined by taking additional cores at not less than 10 -foot intervals parallel to the centerline in each direction from the affected location until each direction from the affected location until in each direction a core is found which is not deficient. Areas found deficient in thickness shall be removed and replaced with pavement of the minimum thickness specified. Cores shall be obtained at the discretion of the Engineer. 7 D-45 u MEASUREMENT AND PAYMENT GENERAL The unit price or lump sum bid on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment and materials, except materials specified to be furnished by others, necessary or incidental to complete the various items or work in accordance with the plans and specifications. Cost of work or materials shown on, or which can be reasonably inferred from the plans or the intent thereof, or called for in the specifications and on which no separate payment is made shall be included in the bid priced on the various pay items. The bid items listed on the proposal will be the only pay items on this project, unless the contract documents are revised by addendum or change order. The quantities in the proposal are estimates only and are used to evaluate bids. All quantities for payment shall be determined by the City. •F-3 VQ 2k,211,110 a . The area of concrete sidewalk will be determined by measurement of the concrete sidewalk slab areas (straight or curved) constructed. Payment shall be made for the actual area of concrete sidewalk (straight or curved) constructed at the unit price bid per square yard. The unit price bid shall be full compensation for subgrade preparation including all excavation or fill, blading, wetting and rolling, loading, hauling and stockpiling all excess excavated material, removing and disposing of all obstructions noted on the plans or as may become necessary; and for furnishing and placing all materials (including curing compound), all manipulations, labor, tools, equipment and incidentals necessary to complete the work. Measurement of the area of concrete sidewalk or driveway to be removed shall be made prior to removal and the actual amount shall be determined in square yards, and will be paid for at the unit price bid per square yard of removal and legal disposal. It shall be the Contractor's responsibility to notify the City's representative prior to removal to enable measurements to be made. The price shall be full compensation for all sidewalk or driveway removal, loading, hauling and disposal of the sidewalk or driveway slabs at a suitable site for disposal of waste material not objectionable to the public. PIN Pik r SPECIAL CONDITIONS PM l . CHANGES IN THE WORK The Local Public Agency may increase the quantity of the work in the Contract by supplementary projects, not included in the Contract, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. If applicable unit prices are contained in the agreement (established as a result of either a unit price bid or a Supplement Schedule of Unit Prices) the Local Public Agency may order the Contractor to proceed with desired additions to the work as a result of supplementary projects, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the Contract; provided that in case of a unit price contract the net value of all additions does not increase or decrease the original total amount shown in the Agreement by more than twenty-five (25%). Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner or construction and/or- installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Local Public Agency authorizing the 'Contractor to proceed with the change. No claim for an adjustment of the contract price r will be valid unless so ordered. f, 2. SUPERINTENDENCE r The Superintendent and/or his assistants will not be allowed to serve two functions simultaneously, such as operating machinery and acting as Superintendent at the same time. The Superintendent must be free of individual responsibilities to enable him to give the entire project his constant attention to facilitate the progress thereof. SC -1 The construction of each phase covered by the contract documents shall be fully completed within 90 working days from the Date to Start as shown on the Notice to Proceed that the City of Lubbock gives to the successful bidder. It is the SCity's intent that all of the phases be completed within 120 days of the Date to Start shown on the first Notice to Proceed to be given. The 90 day periods shall not be consecutive. The Notices to Proceed shall be dated within 10 days of the execution of the contracts. The Contractor shall do such work as may be necessary to maintain detours and facilities for safe public travel. There shall be maintained in passable condition such temporary roads and structures as may be necessary to accommodate public travel. Temporary approaches and. crossings of intersecting highways shall be provided and maintained in a safe and passable condition by the Contractor at his entire expense. l:TG--KGMzTVj 5WAFIASIMOZORu The safety of the public and the convenience of traffic shall be regarded as of prime importance. It shall be the entire responsibility of the Contractor to provide for ingress and egress to private property. Ingress and egress to private property shall be provided ,as specified in the plans or as directed by the Engineer. The Contractor shall plan and execute his operations in a manner that will cause the minimum interference with traffic. The Contractor shall secure the Engineer's approval of his proposed plan of operation, sequence of work and methods of providing for the safe passage .of traffic before it is placed into operation. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. At night or otherwise, all equipment not in, use shall be stored in .such manner and at such locations as not to interfere with the safe passage of traffic. The Contractor shall provide and maintain flagmen at such points and for such periods of time as may be required to provide for the safety and convenience of public travel and Contractor's personnel, and as directed by the Engineer. Flagmen shall be English speaking, courteous, well informed, physically and mentally able to effectually perform their duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and groomed at all times when on duty. When SC -2 r• directing, flagmen shall use standard attire, flags and signals and follow the flagging procedures set forth in the r., Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES for Streets and Highways. The Contractor shall have the sole responsibility for providing installing, moving, replacing, maintaining, cleaning and removing upon completion of work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices for handling traffic control as indicated in the plans or as directed by the Engineer. All barricades, warning signs, barriers, cones, lights, signals and other such type devices shall conform to details shown on the plans and as directed by the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES for Streets and Highways. .-� The Contractor may provide special signs not covered by plans to protect the traveling public against special conditions or hazards, provided however, that such signs are first approved by the Engineer. Upon completion of the work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices and evidence thereof shall be removed by the Contractor. Not more than seven (7) calendar days shall elapse between the time subgrade preparation is begun and the time of spreading and compaction of the base. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6:00 a.m. to 6:00 p.m., except during the construction of the curb and gutter for which the driveways and/or alleys shall remain closed not more than seven (7) days including four (4) days for curing. s The Contractor is responsible for communications with adjacent property owners during construction that may limit or deny access to their properties. 8. WATE No free water will be supplied by the City of Lubbock for this project. No fire hydrant connection except the standard City of Lubbock fire hydrant connection shall be used. This connection shall SC -3 be furnished by the Water Department and will be picked up by the Contractor at the Water Meter and Customer Service Department after he has received a permit and has made a deposit on the meter, valve and fittings. The permit will be valid only for the length of each project. The Contractor securing the permit will be responsible for the above equipment. If repairs on any of the equipment are required when they are returned by the Contractor due to misuse, freezing, vandalism or other damage not the fault of the equipment, the Contractor securing the permit will be billed for the repair. Should the meter, valve or fittings be stolen, the Contractor securing the permit will be billed for the replacement value. If a connection is made on a faulty hydrant, the Contractor shall make a report of the faulty hydrant to the Water Meter and Customer Service Department. The loading rack shall be equipped with a valve which will be pad -locked at all times except when the Contractor's truck is loading. The valve on the loading rack shall be used by the Contractor and at no time will the Contractor use the fire hydrant valve. The padlock on the rack valve shall be furnished by the Contractor. The Contractor shall not use any fire hydrants for water loading unless there isanauthorized rack and meter on the fire hydrant. Should a violation of the use of the fire hydrant be observed, the Contractor will be notified of the violation. Should the Contractor not comply immediately in correcting the violation, the City of Lubbock will terminate the permit. Should the fire hydrant receive damage during use due to the Contractor's employee or equipment, the Contractor shall repair the damage or pay to have it repaired to as good a condition as it was prior to its use by the Contractor and also to the satisfaction of the Director of Water Utilities. Should pavement in the vicinity of a fire hydrant be damaged during the use of the fire hydrant, or if the pavement fails — due to the use of the fire hydrant, either while the fire hydrant is in use or after it is in use, the Contractor shall replace the damaged pavement to the satisfaction of the Engineer. Meters shall be returned at the end of each project and the Contractor will be billed for the water used. After the billing for water consumption and meter and valve repairs have been paid, the City of Lubbock Water Department will refund the balance of the deposit, if any. SC -4 i SC -5 i A. The Contractor will need special permission to be permitted to work on weekends or legal holidays and shall do no work on any contract item before daylight or later than one hour after sundown, except as directed and approved by the Engineer. No work will be allowed between November 1 and l 1 January 2, unless approved by the Engineer. r B.A 1:2 dilute emulsion treatment with MS -1 or SS -1 emulsified asphalt at a rate of 0.10 gallon per square yard will be G applied to the A.C. surface within ten (10) days of the placement of the A.C. surface. C. Temperature Requirements: The temperature readings to be used will be as reported by the National Weather Service on an hourly report [Telephone Number 762-0141]. 1. HMAC - November 1 until April 1 a. The asphaltic mixture shall not be placed when the air temperature is below 55°F and falling. b. The asphaltic mixture may be placed when the air temperature is above 50°F and rising. 2. HMAC - April 1 till November 1 a.The asphaltic mixture shall not be placed when the air temperature is below 50°F and falling. b. The asphaltic mixture may be placed when the air temperature is above 45°F and rising. 3. Asphalt Stabilized Base a. The asphaltic mixture shall not be placed when the air temperature is below 45° F and falling. b. The asphaltic mixture may be placed when the air temperature is above 40° F and rising. The Engineer may use his discretion to require a cover over the asphaltic mixture when being hauled from the plant to the job site. D. Unless otherwise approved by the Engineer, the minimum temperature of asphalt materials immediately after placement by the laydown machine will be 3000 F for asphaltic concrete surface and 2750 F for asphalt stabilized base. SC -5 i E. Standby rollers shall be located at the job site for immediate use if needed. F. Proof rolling will be required on subgrade, caliche base, black base, embankment or surface. After rain showers if deemed necessary by. the Engineer each item that was approved will be re -rolled. The proof rolling will be performed using a self-propelled 25 ton pneumatic roller with certified weight certificate. G. Preliminary approval, by the Engineer, ,of aggregate at the pit and crusher location shall be required, prior to delivery to the plant. Final approval of the stockpile material, at the hot mix plant or concrete plant, or stockpile locations will be required by the Engineer, after which no additional aggregate will be added to the approved stockpile prior to entering the mixing plant. H. During the period of construction the Contractor will not use private driveways for turning or parking his equipment. Any damage to sidewalks, driveways, slabs or curb and gutter will be replaced at the Contractor's expense. I. Before any portion of any street is closed to traffic the Contractor will be required to have sufficient equipment on the site to start the construction, and at no time will any section of the closed area be left three (3) days without some type of work being performed. If there is a shortage of equipment to work on all areas of the closed section then the Contractor will be required to provide additional equipment. J. It is the intent of these requirements to construct the improvements listed in this contract with the least inconvenience to the property owners and the traveling public. In the event damage occurs to pavement in the area of a fire hydrant, which was caused by the Contractor's employees negligence to shut off the valve on the loading rack, it will be the Contractor's responsibility and expense to repair the paving and replace curb and gutter if.required by the Engineer. K. Any damage to. existing paving, curb & gutter or any other public facilities will be corrected to the Engineer's satisfaction at the Contractor's expense. L. All fees, required for the disposal of any materials, equipment, structures, etc., as part of this project, shall be paid for by the Contractor. SC -6 The Contractor shall familiarize himself with the existing obstructionsincluding sidewalks, trees, poles, etc., prior to construction. It shall be the Contractor's responsibility to remove these obstructions at the direction' of the Engineer except that the utility companies will move their equipment at no cost to the Contractor. IThe Contractor will receive no compensation for delay caused by the Utility Companies in relocating or removing their equipment. 11. TEST OF MATERIALS These requirements apply to this contract and all construction work on all streets and alleys including new subdivisions, streets and alley use permits. The Contractor will bear the cost of all material tests on hot mix design and concrete design. The City will bear the cost on tests during construction such as density on caliche base, gradation on concrete and paving aggregates and density and asphalt extraction test on hot -mix and black base. r A. Before materials can be used on any street, current (not older than 30 days) test reports will be submitted to the Engineer for approval and test reports will be required every 30 days before this material can be used continuously on City streets. During the construction period, tests that fail will require re -testing by the City lab at the Contractor's expense. 1'a B. Concrete Mix Design (M -2-E) and Preconstruction Test (M -2-D) r 7, The Contractor or concrete supplier will submit a mix design on the crushed stone and gravel approximately (20) days before beginning the concrete operation for approval by the Engineer. Contractors or Concrete Suppliers that supply concrete for any contract, new -subdivision, street or alley use permits will be required to submit to the City Engineer a concrete mix design every thirty (30) to forty-five (45) days for approval. Any Contractor or concrete supplier that does not have a current mix design on file with the City Engineer will not be permitted to furnish concrete for any project within the City of Lubbock until mix design is received. The City of Lubbock Testing Laboratory will make test cylinders during the construction period. When test cylinders fail to meet the required strength at the 7 or 28 day break, the concrete in question will be cored by the SC -7 City of Lubbock Testing Laboratory within three days after the 7 or 28 day break. If the core samples fail to meet the required strength, the concrete will be rejected and removed. The cost of coring on concrete that fails on the core test will be charged to the Contractor or Concrete Supplier. ,After the mix design is submitted and approved by the Engineer, no changes in the design or materials will be permitted without approval of the Engineer. Certified mill test on each car or transport. D. Asphalt Certified Lab Test. E. Density Test The City of Lubbock Testing Laboratory will provide density tests on the base or subgrade. The City of Lubbock Lab will be the final authority on all tests. FT= • �V 0 R • The Contractor shall not award any work to any Subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the. General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give, the Contractor the same power as regard terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. Nothing contained in this contract shall create any — contractual relation between any Subcontractor and the Owner and said Subcontractor"will look exclusively to Contractor for any payments due Subcontractor. SC -8 The Contractor's attention is directed t pipelines and other underground installations of the plans have been taken from the information. There may be other pipelines The Contractor shall save harmless the City suits or claims resulting from damage by his pipeline or underground installation. o the fact that as may be shown best available or installations. from any and all operations to any It is the Contractor's responsibility, during the period of street construction, to insure that all utility cuts in the limits of street construction have been properly backfilled, compacted and the top 6" inches backfilled with 3 -sack concrete. It is not the intent to require the Contractor to provide for the utility cut repair but for the individual utility company making the cut to provide their own repairs. In the case of a City underground installation, the Contractor may be required, at the Engineer's option, to repair the cut with 3 -sack cement stabilized caliche at the unit price bid. Construction work under ,this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: A. The project being constructed is essential to the City of Lubbock's ability to provide the necessary services to it's citizens. B. 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 allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three (3) full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work regardless of the day of the week or the time of day, to correct or SC -9 16. alleviate such condition so that it is no longer dangerous to property or life. No work will be allowed from November lst through January 2nd unless approved by the Enaineer. �M M On or about the twenty-fifth day, of each month, the Owner's inspectors shall determine the quantities of work done as of that day for the purposes of assembling an estimate of partial payment. The Owner's Representative shall review said estimate of partial payment and if found to be in order shall prepare a request for partial payment. The estimate shall show, as completely as practical, the total value of the work done by the Contractor up to and including the day shown on the estimate. Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy defects due thereto and pay for any damage to other work resulting therefrom, which shall appear.within a period,of one (1) year from date of final acceptance of the project: The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. An extension of time will NOT be allowed on this ,project. The project completion will be based on working days allowed instead of calendar days allowed All places in these documents referring to the number of calendar days to complete the project are hereby revised and — termed the number of working days to complete the project. A working day is defined as a- calendar day, not including Saturdays, Sundays, or designated. City of Lubbock holidays, in which weather or other conditions not under the control of the Contractor will permit the performance of. the principal unit of work underway for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. For every Saturday or -designated City of Lubbock holiday on which the Contractor chooses and has the proper authorization to work, one day will be charged against the contract working time when weather conditions will permit seven (7) hours of work as delineated above. Work on.Sunday will not be permitted except in cases of extreme emergency and then only with the written SC -10 The Engineer will furnish the Contractor a monthly statement showing number of working days charged during the month, total number of working days allowed in contract, and the working days remaining under contract. The Contractor will be allowed ten (10) days in which to protest the correctness of the statement. This protest shall be in writing, and shall show cause. Not filing a protest within the allowed ten (10) days for any statement will indicate the Contractor's approval of the time charges as shown on that time statement and future consideration of that statement will not be permitted. If the satisfactory completion of the contract shall require unforeseen work or work and materials in greater amounts than these set forth in the contract, then additional working days or suspension of time charge may be allowed the Contractor equal to the time which, in the opinion of the Engineer, the work as a whole is delayed. If the Contractor fails to complete the contract in the working days specified, the stated liquidated damages will be charged for each working day thereafter. 18. SALVAGE MATERIAL All salvaged paving material from this project shall be hauled, by the Contractor, to City stockpile at 600 Municipal Drive, 84th and Avenue `P' or 98th and Avenue `Q', as directed by the Engineer. There may other locations around the City at which material may be needed, so the Contractor will want to contact the Street Department numbers below, ahead of time, before hauling, to see if a closer location exists where the material can be stockpiled or used. All asphaltic materials shall be broken into pieces not more than 2 inches (211) in size. Any non -asphaltic base material shall be kept separated from the asphaltic materials and stockpiled separately. All asphalt and base materials shall be cleaned of all dirt or other objectionable material. Any excess subgrade material and/or topsoil, not used for dressing, shall also be kept separate and stockpiled at one of the above locations as directed by the Street Department. Contact: Don Jennings 767-2600 Frank Kostelich 767-2597 Junior Mendez 767-2684 or 789-1190 SC -11 permission of the Engineer. If Sunday work is permitted, working time will be charged on the same basis as week days. The Contractor shall complete the work within the number of working days stated in these documents. For the purpose of computation, working days will be considered to begin with the r Date to Start as shown on the Notice to Proceed. The Engineer will furnish the Contractor a monthly statement showing number of working days charged during the month, total number of working days allowed in contract, and the working days remaining under contract. The Contractor will be allowed ten (10) days in which to protest the correctness of the statement. This protest shall be in writing, and shall show cause. Not filing a protest within the allowed ten (10) days for any statement will indicate the Contractor's approval of the time charges as shown on that time statement and future consideration of that statement will not be permitted. If the satisfactory completion of the contract shall require unforeseen work or work and materials in greater amounts than these set forth in the contract, then additional working days or suspension of time charge may be allowed the Contractor equal to the time which, in the opinion of the Engineer, the work as a whole is delayed. If the Contractor fails to complete the contract in the working days specified, the stated liquidated damages will be charged for each working day thereafter. 18. SALVAGE MATERIAL All salvaged paving material from this project shall be hauled, by the Contractor, to City stockpile at 600 Municipal Drive, 84th and Avenue `P' or 98th and Avenue `Q', as directed by the Engineer. There may other locations around the City at which material may be needed, so the Contractor will want to contact the Street Department numbers below, ahead of time, before hauling, to see if a closer location exists where the material can be stockpiled or used. All asphaltic materials shall be broken into pieces not more than 2 inches (211) in size. Any non -asphaltic base material shall be kept separated from the asphaltic materials and stockpiled separately. All asphalt and base materials shall be cleaned of all dirt or other objectionable material. Any excess subgrade material and/or topsoil, not used for dressing, shall also be kept separate and stockpiled at one of the above locations as directed by the Street Department. Contact: Don Jennings 767-2600 Frank Kostelich 767-2597 Junior Mendez 767-2684 or 789-1190 SC -11 r r PHASE I - ARNETT-BENSON (Sidewalk lengths and driveway dimensions are only nominal. Actual sizes shall be determined by the Inspector, in the field.) Address Sidewalk Driveway Notes 3202 Bates 107 leave cactus & bushes 3206 Bates 42 2907 Baylor 3210 Bates 52 2.5 x 14 3212 Bates 50 2.5 x 15 3214 Bates 37 51 3216 Bates 51 2.5 x 17 3302 Bates 57 51 3312 Bates 100 4 x 21 west driveway 3316 Bates 2911 Colgate 5 x 13 3320 Bates 56 5 x 25 3322 Bates 10 97 2902 Baylor 20 2906 Baylor 55 2912 Baylor 50 2903 Baylor 71 2907 Baylor 49 2909 Baylor 51 2911 Baylor 2913 Baylor 39 2915 Baylor 51 2917 Baylor 46+140 2903 Colgate 70 2905 Colgate 51 2907 Colgate 41 2909 Colgate 51 2911 Colgate 53 2917 Colgate 56 3101 Colgate 60+136 3111 Colgate 97 3115 Colgate 97+140 3108 Colgate 50 3205 Colgate 50 3207 Colgate 23 3209 Colgate 19 3211 Colgate 51 3219 Colgate 52 3202 Colgate 170 3301 Colgate 48+140 3313 Colgate 12 3319 Colgate 137 4x14 6x14 6x17 5x13 4x14 5x16 4x15 6x15 6x14 4x14 4x 14 4x13 4x15 4x23 4x13 4x15 4x 14 4x14 140' - on side to alley R/R-60'. 136' - on side to alley 140' - on side to alley sidewalk fill-in 170' - on side to alley 140' - on side to alley R/R-12' 137' - on side to alley PHASE II - CHATMAN HILL/HARWELL . (Sidewalk lengths and driveway dimensions are only nominal. Actual sizes shall be determined by the Inspector, in the field.) Address Sidewalk Driveway Notes 2009 Ash 50 sidewalk fill-in 2003 Birch 58 58' - on side to alley ` 2205 Birch 72 2009 Cedar 50 sidewalk fill-in ` 2013 Cedar 7 sidewalk fill-in } . 2105 Date 44 sidewalk fill-in 2110 Date 50 R/R-50' r" 2318 Date 36 2402 Date 36 2404 Date 52 6x 12 2504 Date 50 sidewalk fill-in a 2510 Date 60 tie from sidewalk to parking lot 2010 Elm 87 5 x 14 fill-in from drive to channel 2107 Elm 6 sidewalk fill-in 2203 Elm 53 2301 Elm 160 fill-in to corner then to alley 2303 Elm 38 2305 Elm 2307 Elm 48 44 2317 Elm 23 sidewalk fill-in 2403 Elm 50 sidewalk fill-in 2315 Fir 50+20 sidewalk fill-in 2405 Fir 100 vacant lot 2406 Fir 108 sidewalk fill-in to 2412 2412 Fir 4x 14 2414 Fir 21 1 2604 Fir 50 r 2307 Globe 50 vacant lot sidewalk fill-in 2504 Globe 52 vacant lot fill-in to 2502 2607 Globe 2611 Globe 48 38 vacant lot fill-in 2622 Globe 62 6x 13 R/R-6' r•► 2626 Globe 66 connect around corner 2610 Hickory 3 x 14 remove back of curb '.. 2630 Ivory 50 sidewalk fill-in to 2634 r PHASE II - CHATMAN HILLMARWELL (Sidewalk lengths and driveway dimensions are only nominal. Actual sizes shall be determined by the Inspector, in the field.) Address Sidewalk Driveway Notes 605 37th 6 x 13 & 6 x 14 both 609 37th 50 sidewalk fill-in 611 37th 55 sidewalk fill-in to 701 3604 Ave E 39 509 38th 50 8 x 19 601 38th 12 x 23 607 38th 111 602 38th 70 604 38th 43 606 38th 60 608 38th 63 610 38th 102 sidewalk fill-in to 612 614 38th 56 sidewalk fill-in PHASE III - HARWELL (Sidewalk lengths and driveway dimensions are only nominal. Actual sizes shall be determined by the Inspector, in the field.) Address Sidewalk Driveway Notes 504 39th 50 R/R sidewalk fill-in to 510 523 39th 50 6 x 15 613 39th 21 6 x 14 623 39th 52 6 x 15 R/R-52' 614 39th 57.5 6 x 13 R/R sidewalk from here to 620 616 39th 57.5 « 618 39th 55 6x 19 44 620 39th 55 64 626 39th 30 501 40th 180 180' to 505 503 40th fG 505 40th CL 511 40th 36 513 40th 50 521 40th 92 523 40th 100 100' to 531 531 40th « 533 40th 200 200' to 539 502 40th 180 180' to 506 504 40th 506 40th « 514 40th 60 6 x 15 522 40th 50 5 x 13 524 40th 50 6x 15 622 40th 5 x 13 ??????????? 501 41st 67+70 517 41st 50 531 41st 83 502 41st 90 506 41st 73 512 41st 40 5 x 13 209 42nd 54 213 42nd 77 215 42nd 80 301 42nd 62 303 42nd 51 305 42nd 34 309 42nd 52 311 42nd 112 4 x 16 112' to 317 PHASE III - HARWELL (Sidewalk lengths and driveway dimensions are only nominal. Actual sizes shall be determined by the Inspector, in the field.) Address Sidewalk Driveway Notes 501 42nd 58 6x 16 513 42nd 155 155' to 517 502 42nd 85 5 x 13 512 42nd 52 4 x 15 514 42nd 100 4x 16 520 42nd 50 6x 16 522 42nd 50 6x 16 526 42nd 50 6x 16 7 F I �£Xp5 Uµ�v -- IIIjLLL___\`'''• MN[tL R L401 I I JIAUMM i "°°°ERsILnj"L 11 ;;C�(EA j© ®�� ® Do l � rr I er] seNoo� II Y 11 — •TN T. � r MIS �� ''I'�—';�x]Ir C TN C rIINICNN� �� aWITORy11 ao��aar aao C� C� F I N R C.,] FR W , iln1 sr ♦N.. NI.1 F. 1= PHASE I - ARNETT_BENSON t= I UL -01- SPARK rAss FlF-1 x w . . I T- 11. CHRIS scHoot IFI.L PHASE 11 - CHATMAN HILLMARWELL ROD 2= goo N'U N a. 44" t. "Oom SCHOOL. ' PARK n n ARK ►ARK N CHRIS HA*WCLL SCHOOL 11 ►,%4t i PHASE III - HARWELL sill Ktrrl •rr 49 no Seo to I .cHoo� i ONG iHoo ==Sao I_ t. wrr _ FOUR FOOT SIDEWALK ALONG PROPERTY LINE 3' min. mom•• from PL. Expansion joints NOTE' Maintain constant putter flow line. NOTE: All expansion joints to be 3/4". ` Contraction markings V2 way through slab at 4' intervals. PrI Curb removed. I Curb and gutter completely removed and construct Commercial Driveway Wier. as shown on plate No. 4 Reinforced gutter section to be poured seperote from driveway. REVISED 4-'940 4 sidewalk Expansion joints spaced 3C max. (No scale) SECTION A -A SECTIONS B -B (RESIDENTIAL) FIRE HYDRANT, POWER POLE, ETC, MUST HAVE EXPANSCN JOINT WHEN ENCLOSED IN CONCRETE. NOTE' See other plates for curb ramp details. Expansion joint. 4 min. thickness of sidewalk. �3.min. bhriabl 4 sidewalk I 4" min. thickness (BUSINESS) �'-- — 3'min. L Inner curb Q as required. Variable - sidewalk ss on commercial driveway and sidewalk. 6x6 10/10 wire mesh centered in slab. 0 z W ti I--- st NOTE :Set other Plates for a Curb Romp De WI& a CL l C !: HE=. rl I, 1 ww i i. f Curb removed. I Curb and gutter completely removed and construct Commercial Driveway Wier. as shown on plate No. 4 Reinforced gutter section to be poured seperote from driveway. REVISED 4-'940 4 sidewalk Expansion joints spaced 3C max. (No scale) SECTION A -A SECTIONS B -B (RESIDENTIAL) FIRE HYDRANT, POWER POLE, ETC, MUST HAVE EXPANSCN JOINT WHEN ENCLOSED IN CONCRETE. NOTE' See other plates for curb ramp details. Expansion joint. 4 min. thickness of sidewalk. �3.min. bhriabl 4 sidewalk I 4" min. thickness (BUSINESS) �'-- — 3'min. L Inner curb Q as required. Variable - sidewalk ss on commercial driveway and sidewalk. 6x6 10/10 wire mesh centered in slab. 0 z W ti I--- st NOTE :Set other Plates for a Curb Romp De WI& a CL 12' min. 3'min.— CL % min. B Fire hydrants,power poles, street lights etc, must have/ 3/4"expansion jt. when en - 5/) closed in concrete. 3/4" exp. its. / spaced 36'max. A 0 _ All sidewalk and driveway adjustments are to be made as directed by the engineer. Any variations thereof must be approved by him. Unobstructed 3' width min.) around various obstacles. A ----- expansion jts - B of 4' 4'--4-- 6 expansion its. NOTE: See additional sheets for curb ramp details. r-ld w Due to possible narrow parkway widths this 6 curb back sidewalk width may vary. SECTIONS A -A - WMAX. 4' 1 EXPANSION JTS. SECTIONS B -B SLOPE SIDEWALK FROM ! 111 BACK TO FRONT aJ I FRONT EDGE OF SIDEWALK 4' 2 I/2"ASOVE TOP OF CURB. I� THICK (MIN.I i expansion its. GROOVING MARKS HALF WAY THROUGH SLAB AT 4' OR e'INTERVALS. No Scale MAX. SLOPE IS V4" PER 1'. QJ t 4 -THICK (MIN.) TYPICAL RESIDENTIAL SIDEWALK & DRIVEWAY DETAILS 2 -A -132-A NOTES: All expansion joints 3/4" ! unless noted otherwise. 5' min. radius required for residential drives. 1 Maintain 3' (min.) unobstructed i width for wheelchairs to pass around various obstacles. min. B Fire hydrants,power poles, street lights etc, must have/ 3/4"expansion jt. when en - 5/) closed in concrete. 3/4" exp. its. / spaced 36'max. A 0 _ All sidewalk and driveway adjustments are to be made as directed by the engineer. Any variations thereof must be approved by him. Unobstructed 3' width min.) around various obstacles. A ----- expansion jts - B of 4' 4'--4-- 6 expansion its. NOTE: See additional sheets for curb ramp details. r-ld w Due to possible narrow parkway widths this 6 curb back sidewalk width may vary. SECTIONS A -A - WMAX. 4' 1 EXPANSION JTS. SECTIONS B -B SLOPE SIDEWALK FROM ! 111 BACK TO FRONT aJ I FRONT EDGE OF SIDEWALK 4' 2 I/2"ASOVE TOP OF CURB. I� THICK (MIN.I i expansion its. GROOVING MARKS HALF WAY THROUGH SLAB AT 4' OR e'INTERVALS. No Scale MAX. SLOPE IS V4" PER 1'. QJ t 4 -THICK (MIN.) TYPICAL RESIDENTIAL SIDEWALK & DRIVEWAY DETAILS 2 -A -132-A SPECIAL CONDITIONS NOTICE OF ACCEPTANCE 7 TO: The City of Lubbock, having considered the proposals submitted and opened on the day of 199_, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 199_ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (S%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative r 9